Rule2023-26022
Approval of Air Quality Implementation Plans; New Jersey; Exemptions To Improve Resiliency, Air Toxics Thresholds, PM2.5 and Ammonia Emission Statement Reporting, and PM2.5 in Air Permitting
Primary source
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Published
November 28, 2023
Effective
December 28, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving adoptions, repeals, and amendments to the New Jersey State Implementation Plan (SIP) concerning exemptions to improve resiliency during emergency situations, updates to hazardous air pollutant (HAP) reporting thresholds, updates to the certification and submission of emission statements, and the addition of Federal New Source Review (NSR) requirements for fine particles (PM<INF>2.5</INF>). The intended effect of New Jersey's revisions are to enable government and business entities to be more resilient during and following disruptions from natural and human-caused disasters; update HAP unit risk factors and reference concentrations to reflect current research, scientific, and technological advancements; update provisions to require the reporting of PM<INF>2.5</INF> and ammonia (NH3) emissions at the source level and update the electronic reporting of emission statements to adapt with advancements and Federal requirements; and conform the State's rules on air permits to the EPA's NSR requirements for PM<INF>2.5</INF> to ensure a source does not adversely impact the EPA-established National Ambient Air Quality Standards (NAAQS). Other revisions New Jersey made, which the EPA is approving with this notice of final rulemaking, will conform administrative penalties to the approved rules and correct errors and inconsistencies throughout the State's SIP. This action is being taken in accordance with the requirements of the Clean Air Act. The EPA proposed to approve this rule on September 28, 2023, and received no comments.
Full Text
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<title>Federal Register, Volume 88 Issue 227 (Tuesday, November 28, 2023)</title>
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[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83036-83039]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26022]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2023-0252; FRL-11034-02-R2]
Approval of Air Quality Implementation Plans; New Jersey;
Exemptions To Improve Resiliency, Air Toxics Thresholds, PM2.5 and
Ammonia Emission Statement Reporting, and PM2.5 in Air Permitting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
adoptions, repeals, and amendments to the New Jersey State
Implementation Plan (SIP) concerning exemptions to improve resiliency
during emergency situations, updates to hazardous air pollutant (HAP)
reporting thresholds, updates to the certification and submission of
emission statements, and the addition of Federal New Source Review
(NSR) requirements for fine particles (PM<INF>2.5</INF>). The intended
effect of New Jersey's revisions are to enable government and business
entities to be more resilient during and following disruptions from
natural and human-caused disasters; update HAP unit risk factors and
reference concentrations to reflect current research, scientific, and
technological advancements; update provisions to require the reporting
of PM<INF>2.5</INF> and ammonia (NH3) emissions at the source level and
update the electronic reporting of emission statements to adapt with
advancements and Federal requirements; and conform the State's rules on
air permits to the EPA's NSR requirements for PM<INF>2.5</INF> to
ensure a source does not adversely impact the EPA-established National
Ambient Air Quality Standards (NAAQS). Other revisions New Jersey made,
which the EPA is approving with this notice of final rulemaking, will
conform administrative penalties to the approved rules and correct
errors and inconsistencies throughout the State's SIP. This action is
being taken in accordance with the requirements of the Clean Air Act.
The EPA proposed to approve this rule on September 28, 2023, and
received no comments.
DATES: This final rule is effective on December 28, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2023-0252. 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: Nicholas Ferreira, Air Programs
Branch, Environmental Protection Agency, Region 2, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-3127, or by email at
<a href="/cdn-cgi/l/email-protection#ee888b9c9c8b879c8fc080878d8681828f9dae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="b6d0d3c4c4d3dfc4d798d8dfd5ded9dad7c5f6d3c6d798d1d9c0">[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. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is the background for this action?
On September 28, 2023 (88 FR 66733), the EPA published a Notice of
Proposed Rulemaking that proposed to approve State Implementation Plan
(SIP) revisions submitted by the State of New Jersey on December 14,
2017, and August 23, 2018, for the purpose of approving new rules,
repeals, and amendments to subchapter 8, subchapter 16, subchapter 17,
subchapter 18, subchapter 19, and subchapter 21 of New Jersey
Administrative Code, Title 7, Chapter 27 (N.J.A.C. 7:27); as well as to
subchapter 3 of N.J.A.C., Title 7, Chapter 27A.
New Jersey's revisions to N.J.A.C. 7:27 implement changes based on
the experience the State has gained in response to disruptions caused
by natural disasters such as Superstorm Sandy and discussions that the
State has held with representatives of the regulated community and
environmental groups. New Jersey's revisions include exemptions from
air emission control and permitting requirements that will provide
flexibility for facilities to use low-emitting temporary and portable
equipment to improve resiliency during emergency situations.
Additionally, New Jersey's revisions update HAP reporting
thresholds using the most recent science-based methodologies; amend the
rules governing emissions statements to require each facility to report
criteria pollutants and precursors (including PM<INF>2.5</INF> and
ammonia) at the source level; revise the rules governing certification
and electronic submittal of emissions statements; revise the New Source
Review (NSR) requirements to implement the National Ambient Air Quality
Standards (NAAQS) for fine particles (PM<INF>2.5</INF>); and modify
penalty provisions to provide consistency with the State's revisions
finalized for approval within this notice. For the reasons herein
stated, the EPA is approving the revisions made by New Jersey to
strengthen the effectiveness of the State's SIP.
The specific details of New Jersey's SIP submittals 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 September 28,
2023, proposed rulemaking (88 FR 66733).
[[Page 83037]]
II. Environmental Justice Considerations
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.
The specific details of New Jersey's Environmental Justice (EJ)
considerations 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 September 28, 2023, proposed rulemaking
(88 FR 66733).
Furthermore, as the EPA stated in the proposed rulemaking, although
New Jersey included EJ considerations as part of its SIP submittal, the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. New Jersey's provisions being approved by
the EPA within this notice address statewide matters, and since EJ
issues are more accurately captured when evaluating relatively smaller
areas or on a community level basis, the EPA determined it would not
have been appropriate to evaluate EJ concerns at a statewide level.
The EPA expects that this final action will be neutral or
contribute to reduced environmental and health impacts on all
populations in New Jersey, including people of color and low-income
populations in New Jersey. At a minimum, this final action is not
expected to worsen any air quality and it is expected this action will
ensure the State is meeting requirements to attain and/or maintain air
quality standards. The EPA therefore concludes that this final action
will not have or lead to disproportionately high or adverse human
health or environmental effects on communities with EJ concerns.
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
September 28, 2023, proposed rule. The comment period ended on October
30, 2023. The EPA received no comments on this action; therefore, the
EPA is finalizing action as proposed.
IV. What action is the EPA taking?
The EPA is approving New Jersey's revisions to N.J.A.C. 7:27
subchapter 8, ``Permits and Certificates for Minor Facilities (and
Major Facilities without an Operating Permit),'' section 8.1,
``Definitions;'' and subchapter 21, ``Emission Statements,'' submitted
to EPA on December 14, 2017 (State effective November 6, 2017), and as
further updated in a SIP revision to EPA on August 23, 2018 (State
effective January 16, 2018).
The EPA is also approving New Jersey's revisions to N.J.A.C. 7:27
subchapter 18, ``Control and Prohibition of Air Pollution from New or
Altered Sources Affecting Ambient Air Quality (Emission Offset
Rules),'' submitted to EPA on December 14, 2017 (State effective
November 6, 2017).
In addition, the EPA is approving the State's revisions to N.J.A.C.
7:27 subchapter 16, ``Control and Prohibition of Air Pollution by
Volatile Organic Compounds;'' subchapter 17, ``Control and Prohibition
of Air Pollution by Toxic Substances;'' subchapter 19, ``Control and
Prohibition of Air Pollution by Oxides of Nitrogen;'' and Chapter 27A,
subchapter 3.10, ``Civil Administrative Penalties for Violations of
Rules Adopted Pursuant to the Act,'' submitted to EPA on August 23,
2018 (State effective January 16, 2018).
V. 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
revisions to N.J.A.C. 7:27 subchapter 8, ``Permits and Certificates for
Minor Facilities (and Major Facilities without an Operating Permit),''
section 8.1, ``Definitions;'' subchapter 16, ``Control and Prohibition
of Air Pollution by Volatile Organic Compounds;'' subchapter 17,
``Control and Prohibition of Air Pollution by Toxic Substances;''
subchapter 18, ``Control and Prohibition of Air Pollution from New or
Altered Sources Affecting Ambient Air Quality (Emission Offset
Rules);'' subchapter 19, ``Control and Prohibition of Air Pollution by
Oxides of Nitrogen;'' subchapter 21, ``Emission Statements;'' and
Chapter 27A, subchapter 3.10, ``Civil Administrative Penalties for
Violations of Rules Adopted Pursuant to the Act,'' as discussed in
Section 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.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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VI. 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, 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
<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
[[Page 83038]]
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 EJ 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 EJ
considerations is described in detail under the section titled,
``Environmental Justice Considerations,'' within the September 28,
2023, Notice of Proposed Rulemaking (88 FR 66733). 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 EJ. 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. 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 January 29, 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, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
Oxides, Particulate matter, Reporting and recordkeeping requirements,
Sulfur dioxide, Volatile organic compounds.
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:
0
a. Removing the entry for ``Title 7, Chapter 27, Section 8.1 and 8.2'';
0
b. Adding entries for ``Title 7, Chapter 27, Section 8.1'' and ``Title
7, Chapter 27, Section 8.2'' in numerical order after the entry Title
7, Chapter 27, Subchapter 8; and
0
c. Revising the entries for ``Title 7, Chapter 27, Subchapter 16'',
``Title 7, Chapter 27, Subchapter 17'', ``Title 7, Chapter 27,
Subchapter 18'', ``Title 7, Chapter 27, Subchapter 19'', ``Title 7,
Chapter 27, Subchapter 21'', and ``Title 7, Chapter 27A, Subchapter
3.10''.
The revisions and additions 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, Section Definitions...... January 16, 2018. 11/28/2023....... <bullet> EPA approval
8.1. finalized at [insert
Federal Register
citation].
Title 7, Chapter 27, Section Applicability.... June 20, 1994.... August 7, 1997, ......................
8.2. 62 FR 42412.
* * * * * * *
Title 7, Chapter 27, Subchapter Control and January 16, 2018. 11/28/2023....... <bullet> EPA approval
16. Prohibition of finalized at [insert
Air Pollution by Federal Register
Volatile Organic citation].
Compounds.
Title 7, Chapter 27, Subchapter Control and January 16, 2018. 11/28/2023....... <bullet> EPA approval
17. Prohibition of finalized at [insert
Air Pollution by Federal Register
Toxic Substances. citation].
[[Page 83039]]
Title 7, Chapter 27, Subchapter Control and November 6, 2017. 11/28/2023....... <bullet> EPA approval
18. Prohibition of finalized at [insert
Air Pollution Federal Register
from New or citation].
Altered Sources
Affecting
Ambient Air
Quality
(Emission Offset
Rules).
Title 7, Chapter 27, Subchapter Control and January 16, 2018. 11/28/2023....... <bullet> EPA approval
19. Prohibition of finalized at [insert
Air Pollution by Federal Register
Oxides of citation].
Nitrogen. <bullet> Subchapter 19
is approved into the
SIP except for the
following provisions:
(1) Phased compliance
plan through
repowering in Section
19.21 that allows for
implementation beyond
May 1, 1999; and (2)
phased compliance
plan through the use
of innovative control
technology in Section
19.23 that allows for
implementation beyond
May 1, 1999.
Title 7, Chapter 27, Subchapter Emission January 16, 2018. 11/28/2023....... <bullet> EPA approval
21. Statements. finalized at [insert
Federal Register
citation].
<bullet> Section 7:27-
21.3(b)(1) and 7:27-
21.3(b)(2) of New
Jersey's Emission
Statement rule
requires facilities
to report on the
following pollutants
to assist the State
in air quality
planning needs:
Hydrochloric acid,
hydrazine, methylene
chloride,
tetrachloroethylene,
1, 1, 1
trichloroethane,
carbon dioxide and
methane. EPA will not
take SIP-related
enforcement action on
these pollutants.
* * * * * * *
Title 7, Chapter 27A, Civil January 16, 2018. 11/28/2023....... <bullet> EPA approval
Subchapter 3.10. Administrative finalized at [insert
Penalties for Federal Register
Violations of citation].
Rules Adopted
Pursuant to the
Act.
* * * * * * *
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* * * * *
[FR Doc. 2023-26022 Filed 11-27-23; 8:45 am]
BILLING CODE 6560-50-P
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