Rule2024-19597
Air Plan Approval; New Jersey; Interstate Transport Requirements for the 2010 1-Hour Sulfur Dioxide Standard
Primary source
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Published
September 6, 2024
Effective
October 7, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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 (SO<INF>2</INF>) primary National Ambient Air Quality Standard (NAAQS). This action is being taken in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 89 Issue 173 (Friday, September 6, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
(SO<INF>2</INF>) 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 <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
[[Page 72722]]
available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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
<a href="/cdn-cgi/l/email-protection#ef9d9a9b878a9d89809d8bc19d808d8a9d9baf8a9f8ec1888099"><span class="__cf_email__" data-cfemail="027077766a6770646d70662c706d60677076426772632c656d74">[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 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
NO<INF>2</INF>, 2010 SO<INF>2</INF>, 2006 PM<INF>10</INF>, 2011 CO, and
2012 PM<INF>2.5</INF> 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 SO<INF>2</INF> 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 SO<INF>2</INF>
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 SO<INF>2</INF> 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 SO<INF>2</INF> 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'
SO<INF>2</INF> transport SIP submissions. This approach recognizes that
SO<INF>2</INF> 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 SO<INF>2</INF> NAAQS. This determination is
based on a weight of evidence analysis that takes into account the
following considerations: SO<INF>2</INF> emissions statewide have
declined significantly from 2014 to 2022; the absence of nearby
SO<INF>2</INF> nonattainment areas in neighboring States or
uncharacterized air quality near New Jersey point sources;
SO<INF>2</INF> ambient air quality data far below the SO<INF>2</INF>
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 SO<INF>2</INF> 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
SO<INF>2</INF> 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
SO<INF>2</INF> 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 SO<INF>2</INF> 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 SO<INF>2</INF>
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
[[Page 72723]]
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 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, <bullet> Full
2010 Sulfur Dioxide NAAQS; [insert Federal approval.
Interstate Transport Provisions. Register <bullet> 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 NO<INF>2,</INF> 2010
SO<INF>2</INF>, 2012 PM<INF>2.5</INF>, 2006 p.m.<INF>10</INF> 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 NO<INF>2</INF>,
2010 SO<INF>2</INF>, 2012 PM<INF>2.5</INF>, 2006 PM<INF>10</INF>, 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 PM<INF>2.5</INF>, 2006 PM<INF>10</INF>, 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]
BILLING CODE 6560-50-P
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