Rule2024-17335
Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; New Jersey; 2015 Ozone Infrastructure
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 9, 2024
Effective
September 9, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 154 (Friday, August 9, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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: Ysabel Banon, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, New York, New York
10007-1866, at (212) 637-3382, or by email at <a href="/cdn-cgi/l/email-protection#99fbf8f7f6f7b7e0eaf8fbfcf5d9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="a4c6c5cacbca8addd7c5c6c1c8e4c1d4c58ac3cbd2">[email protected]</span></a>.
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 <a href="https://regulations.gov">https://regulations.gov</a> 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 <a href="https://www.epa.gov/lawsregulations/laws-and-executive-orders">https://www.epa.gov/lawsregulations/laws-and-executive-orders</a>.
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, <bullet> Full
2015 ozone NAAQS. [insert approval.
Federal <bullet> 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]
BILLING CODE 6560-50-P
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