Proposed Rule2025-09996
Air Plan Approval; New Jersey; Memorandum of Agreement To Address NOX SIP Call Requirements
Primary source
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Published
June 3, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision in the New Jersey State Implementation Plan (SIP) that includes a signed Memorandum of Agreement (MOA) developed between the EPA and the New Jersey Department of Environmental Protection (NJDEP). The MOA demonstrates how the State will maintain compliance with its nitrogen oxides (NO<INF>X</INF>) emission control obligations for the types of large non-electricity generating units (non-EGUs) that were previously regulated under the New Jersey NO<INF>X</INF> Budget Program. This action is being taken in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 90 Issue 105 (Tuesday, June 3, 2025)</title>
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[Federal Register Volume 90, Number 105 (Tuesday, June 3, 2025)]
[Proposed Rules]
[Pages 23497-23501]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09996]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2025-0088; FRL-12760-01-R2]
Air Plan Approval; New Jersey; Memorandum of Agreement To Address
NOX SIP Call Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision in the New Jersey State Implementation Plan (SIP)
that includes a signed Memorandum of Agreement (MOA) developed between
the EPA and the New Jersey Department of Environmental Protection
(NJDEP). The MOA demonstrates how the State will maintain compliance
with its nitrogen oxides (NO<INF>X</INF>) emission control obligations
for the types of large non-electricity generating units (non-EGUs) that
were previously regulated under the New Jersey NO<INF>X</INF> Budget
Program. This action is being taken in accordance with the requirements
of the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 3, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2025-0088, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Although listed in the
index, some information is not publicly available, e.g., Controlled
Unclassified Information (CUI) (formerly 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>. Follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be CUI or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CUI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental
Protection Agency, Region 2, Air Programs Branch, 290 Broadway, New
York, New York 10007-1866, telephone number: (212) 637-3378, email
address: <a href="/cdn-cgi/l/email-protection#e793869182958694c9818692949388a7829786c9808891"><span class="__cf_email__" data-cfemail="d7a3b6a1b2a5b6a4f9b1b6a2a4a3b897b2a7b6f9b0b8a1">[email protected]</span></a>.
[[Page 23498]]
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. Background
II. What did NJDEP submit?
III. What is the EPA's evaluation of NJ's SIP revision?
IV. What is the EPA's proposed action?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
On September 3, 2024, the EPA approved removal of the New Jersey
Clean Air Interstate Rule (CAIR) NO<INF>X</INF> Trading Program
(N.J.A.C. 7:27-Subchapter 30) from the New Jersey SIP. See 89 FR 71185.
The State rule established allowance allocations for use under the
Federal CAIR trading programs. Because the EPA no longer administers
the Federal CAIR trading programs, removing Subchapter 30 from the SIP
had no consequences for any sources' operations, nor for the attainment
or maintenance of the National Ambient Air Quality Standards (NAAQS) in
any area within the State.
In the September 2024 final rulemaking, the EPA also conditionally
approved the removal of the New Jersey NO<INF>X</INF> Budget Program
(N.J.A.C. 7:27-Subchapter 31) from the New Jersey SIP. See 89 FR 71185.
Although the EPA no longer administers the NO<INF>X</INF> Budget
Trading Program and approved the sunset provision of the New Jersey
NO<INF>X</INF> Budget program in a previous action (see 72 FR 55672),
New Jersey continues to have obligations under the NO<INF>X</INF> SIP
Call.\1\ Specifically, the NO<INF>X</INF> SIP Call regulation at 40 CFR
51.121(r)(2) and anti-backsliding provisions at 40 CFR 51.905(f)
require New Jersey and other States to continue to meet NO<INF>X</INF>
SIP Call requirements associated with the 1979 1-hour ozone national
ambient air quality standards (NAAQS).\2\ Under 40 CFR 51.121(f)(2) of
the NO<INF>X</INF> SIP Call regulations, where a State's SIP contains
control measures for EGUs and large non-EGU boilers and combustion
turbines, the SIP must contain enforceable limits on the ozone season
NO<INF>X</INF> emissions from these sources.\3\ In addition, 40 CFR
51.121(i) of the NO<INF>X</INF> SIP Call regulations requires the SIP
to contain legally enforceable procedures for affected sources to
monitor emissions, maintain records, and periodically report
information to enable the state to determine that those sources are in
compliance with the applicable portions of the control measures. The
provisions of 40 CFR 51.122 in turn require States to submit
information to EPA to demonstrate compliance with the NO<INF>X</INF>
SIP Call.
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\1\ In 1998, the EPA finalized the ``Finding of Significant
Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone'' (NO<INF>X</INF> SIP Call) to address the good
neighbor provisions for the 1979 ozone NAAQS (63 FR 57356; October
27, 1998). The NO<INF>X</INF> SIP Call required Eastern States,
including New Jersey, to submit SIPs that prohibit excessive
emissions of ozone season NO<INF>X</INF> by implementing statewide
emissions budgets.
\2\ Affected non-EGUs include industrial boilers and combustion
turbines, with a rated heat input greater than 250 million British
thermal units per hour (MMBtu/hr).
\3\ Participation by a State's EGUs in the trading programs for
ozone season NO<INF>X</INF> under CSAPR, the CSAPR Update, the
Revised CSAPR Update, or the Good Neighbor Plan addresses the
state's obligation under the NO<INF>X</INF> SIP Call for EGUs.
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On March 7, 2024, and May 31, 2024, NJDEP submitted letters
committing the State to submit a Memorandum of Agreement (MOA) by March
7, 2025, that would outline how NJDEP intended to comply with the
NO<INF>X</INF> SIP Call for the types of non-EGUs previously regulated
by the New Jersey NO<INF>X</INF> Budget Program.
In the State's March 7, 2024, commitment letter, New Jersey
committed to develop an MOA between the EPA and NJDEP that would
outline how NJDEP intended to comply with the NO<INF>X</INF> SIP Call,
specifically for the types of non-EGUs that were previously regulated
by the New Jersey NO<INF>X</INF> Budget Program (N.J.A.C. 7:27-
Subchapter 31), and that were not covered under the subsequent CAIR
Federal Implementation Plan (FIP) Trading Program.
On May 31, 2024, New Jersey submitted a revised commitment letter,
replacing the earlier letter from March 7, 2024. The update reflected
NJDEP's additional analysis to determine which units would have met the
applicability criteria for non-EGUs under the New Jersey NO<INF>X</INF>
Budget Program (N.J.A.C. 7:27-31), which was in effect as of September
30, 2008. As a result of this analysis, the value of the non-EGU budget
was adjusted.\4\ The revised letter adjusted the non-EGU budgets for
the affected units' aggregated emissions during the ozone season and
revised the date by which the State would submit the MOA to the EPA. In
New Jersey's May 31, 2024, letter the State committed to submitting a
final version of the MOA to the EPA by no later than March 7, 2025. New
Jersey provided a date certain for purposes of CAA section 110(k)(4),
which authorizes the EPA to conditionally approve a plan revision based
on a commitment by the State to adopt specific enforceable measures by
a date certain, but no later than one year after the date of the plan
approval. As indicated in New Jersey's commitment letter, the EPA would
take action to incorporate by reference the finalized MOA as an
enforceable SIP revision by no later than one year from the date the
EPA conditionally approved the removal of New Jersey's NO<INF>X</INF>
Budget Program, i.e., no later than September 3, 2025.
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\4\ NJDEP analysis determined that the natural gas turbine unit
located at cogeneration facility, EF Kenilworth, was subject to the
NO<INF>X</INF> Budget Program as a small EGU (i.e., an EGU serving
an electricity generator with nameplate capacity of at least 15 MW
but not greater than 25 MW).
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The specific details of New Jersey's request to remove its
NO<INF>X</INF> Budget Program and CAIR NO<INF>X</INF> Trading Program,
subsequent commitment letters, and the rationale for the EPA's approval
to remove those programs from the SIP are thoroughly explained in the
EPA's September 3, 2024, rulemaking and are not restated in this
separate proposed action. For this detailed background and the EPA's
evaluation, the reader is referred to the EPA's September 2024 final
rulemaking. See 89 FR 71185.
As outlined in New Jersey's May 2024 commitment letter, the State
committed to enter a MOA between the EPA and the NJDEP that outlines
how NJDEP will comply with the NO<INF>X</INF> SIP Call as to the
affected non-EGUs. The MOA serves to memorialize an aggregate state-
wide budget and monitoring, recordkeeping, and reporting requirements
for the affected non-EGUs as well as a mechanism for the State to
annually report official ozone season NO<INF>X</INF> emissions data for
the affected non-EGUs to the EPA.
The May 2024 commitment letter stated that the MOA would be made
available for public comment and would be submitted as a SIP revision
to the EPA. As outlined in the letter, once the MOA is signed by both
NJDEP and the EPA, and the approval of the MOA into the New Jersey's
SIP is finalized, the MOA will become an enforceable part of the SIP,
and the EPA and NJDEP will have authority to enforce the conditions in
the MOA (along with their existing authority to enforce the
corresponding SIP-approved requirements applicable to the relevant
sources). The MOA will serve as the enforceable mechanism for ensuring
the New Jersey SIP contains enforceable limits and monitoring,
recordkeeping, and reporting requirements to certify that the affected
New Jersey non-EGU units' aggregated emissions will not exceed a budget
of 745 tons per ozone season on an annual basis for existing and new
affected non-EGU units pursuant to 40 CFR 51.121(r). NJDEP's March 7,
2024, and May 31, 2024, commitment letters are included in the docket
of this rulemaking.
[[Page 23499]]
II. What did NJDEP submit?
On February 13, 2025, New Jersey submitted a State Implementation
Plan revision for the purpose of addressing the State's NO<INF>X</INF>
SIP Call gap under 40 CFR 51.121(r)(2). In this revision, NJDEP
submitted the fully executed MOA to the EPA that outlines
responsibilities between the NJDEP and the EPA to ensure New Jersey's
successful and effective compliance with the regulation.\5\ Prior to
New Jersey's SIP submission, NJDEP transmitted a final version of the
MOA for EPA Region 2 Regional Administrator signature on January 14,
2025.\6\ The MOA was signed by the EPA Region 2 Regional Administrator
on January 14, 2025, and became effective upon signature of NJDEP's
Commissioner on January 30, 2025. NJDEP submitted the MOA with a
request for the document to be incorporated into the SIP, in accordance
with the State's May 31, 2024, commitment letter. Once incorporated
into New Jersey's SIP, the EPA and NJDEP will have authority to enforce
the conditions in the MOA, including the mechanism by which New Jersey
will report to the EPA consistent with its obligations under the
NO<INF>X</INF> SIP Call and the conditions that ensure compliance with
the relevant portion of New Jersey's budget per 40 CFR 51.121(r). A
copy of the MOA is included in the docket of this rulemaking.
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\5\ The responsibilities and contents outlined in the final
version of the MOA was developed in coordination and agreement
between EPA Region 2 and NJDEP.
\6\ Prior to NJDEP submitting the SIP revision, the State
certified the requirements of 40 CFR 51.102(a) and (d) regarding
public hearing by offering the public an opportunity to request a
public hearing by November 18, 2024. No public hearing was
requested; therefore, the public hearing was cancelled. However,
written comments relevant to the MOA were accepted until December
12, 2024. NJDEP confirmed in its February 13, 2025 SIP submission
that no public comments were received.
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Under the MOA, NJDEP has the primary responsibilities of ensuring
that its non-EGU sources are in compliance with its SIP-approved
NO<INF>X</INF> emission limits, monitoring, reporting, and
recordkeeping provisions under the NO<INF>X</INF> SIP Call and as
otherwise approved in New Jersey's SIP. Specifically, NJDEP will ensure
that new, modified and existing non-EGUs in the State meeting the
applicability criteria of the New Jersey NO<INF>X</INF> Budget Program
(N.J.A.C. 7:27-31) as in effect as of September 30, 2008, adhere to
emission limits, monitoring, recordkeeping, and reporting requirements
as outlined in the relevant provisions of New Jersey's SIP. New
Jersey's federally-approved NO<INF>X</INF> RACT provisions under
N.J.A.C. 7:27-19, ``Control and Prohibition of Air Pollution from
Oxides of Nitrogen,'' outline certain federally-approved NO<INF>X</INF>
emission limits, monitoring, and recordkeeping requirements for new,
modified, and existing non-EGUs, including industrial boilers and
combustion turbines with a rated heat input greater than 250 million
British thermal units per hour (MMBtu/hr).\7\ Under the MOA, New Jersey
also agrees to administer and oversee testing and monitoring
requirements applicable to non-EGUs through the State's RACT regulation
under N.J.A.C. 7:27-19, which satisfy the monitoring requirements of
the NO<INF>X</INF> SIP call under 40 CFR 51.121(f)(1) and 40 CFR
51.121(i).
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\7\ On October 9, 2018, the EPA approved New Jersey's revisions
to N.J.A.C 7:27 Subchapter 16 and Subchapter 19 as satisfying RACT
for the Moderate classification of the 2008 ozone NAAQS and
associated RACT requirements for States located within the Ozone
Transport Region. See 83 FR 50506.
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Under the MOA, NJDEP will also have the responsibility of ensuring
affected non-EGUs will comply with the State's Emission Statement
Program under N.J.A.C. 7:27-21, ``Emission Statements.'' This
federally-approved program requires non-EGUs to submit emission
statements annually that include actual air contaminant emissions from
the facility directly or indirectly into the outdoor atmosphere during
that year.\8\ Pursuant to N.J.A.C. 7:27-21.5(f)(1)(i), ``Required
contents of an Emission Statement,'' the information within facilities
emission statements shall include actual emissions of VOC and
NO<INF>X</INF> in tons during the ozone season (May 1-September 30),
and in pounds per day during the peak ozone season (June 1-August 31).
As required under the federally-approved version of N.J.A.C. 7:27-
21.5(f)(1)(ii), facilities that contain non-EGUs that are subject to
New Jersey's Emission Statement Program are also required to include
the average actual rate of emissions of VOC or NO<INF>X</INF> in pounds
per day of operation during the peak ozone season (June 1-August 31).
Under the MOA, NJDEP agrees to compare the actual emissions of
NO<INF>X</INF> during the ozone season obtained from the affected non-
EGUs' emission statement reports with the NO<INF>X</INF> ozone season
budget applicable to the affected non-EGUs and set under New Jersey's
NO<INF>X</INF> Budget Program, i.e., 745 tons of NO<INF>X</INF> per
ozone season. As recognized in the MOA, the reporting and recordkeeping
requirements applicable to non-EGUs through the State's RACT regulation
under N.J.A.C. 7:27-19 and the State's Emission Statement Program under
N.J.A.C. 7:27-21 satisfy the NO<INF>X</INF> SIP Call's reporting and
recordkeeping requirements of 40 CFR 51.121(i).
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\8\ The EPA most recently approved New Jersey's Emission
Statement Program, at N.J.A.C. 7:27-21, for satisfying the
requirement of an emission statement program for the 2008 8-hour
ozone NAAQS Serious classification on September 4, 2024. See 89 FR
71826.
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This in turn will facilitate New Jersey's compliance with the
requirements of 40 CFR 51.122. Under the MOA, New Jersey will submit to
the EPA an annual report of NO<INF>X</INF> emissions from non-EGUs. The
MOA directly specifies that New Jersey's non-EGU NO<INF>X</INF> budget
for compliance demonstration purposes is 745 tons of NO<INF>X</INF> per
ozone season. These annual reports will be submitted after each ozone
season and will be used to verify that the non-EGU budget for that
ozone season was not exceeded. Specifically, under section IV. of the
MOA, ``Responsibilities of the Parties under this Memorandum of
Agreement,'' NJDEP commits to emailing an annual report to the EPA
Region 2 by July 1 of each year. This annual report will outline the
actual ozone season and annual emissions from the affected non-EGUs, as
reported through the State's emission statement program. In the event
of an exceedance, New Jersey commits to submitting a revised SIP to the
EPA, which will address any budget shortfall resulting from the
exceedance and ensure that the State's 745 tons of NO<INF>X</INF> per
ozone season budget is complied with in future years. Under the MOA,
the EPA will have the responsibility of reviewing the annual reports
submitted by the State and informing NJDEP as soon as practicable about
any discrepancies in demonstrations and supporting information. Under
the MOA, the EPA will also have the responsibility to review any
request for information or assistance by the NJDEP, in connection with
the State's implementation and compliance of the NO<INF>X</INF> SIP
Call.
Under the MOA, New Jersey identifies two existing facilities,
Bayway Refinery (Phillips 66 Co.) and Paulsboro Refining Co., that
contain non-EGU sources that meet the applicability criteria of the New
Jersey NO<INF>X</INF> Budget Program (N.J.A.C. 7:27-31) as in effect as
of September 30, 2008. The non-EGU sources located at these existing
facilities are also covered by the State's federally-approved RACT
regulation, N.J.A.C. 7:27-19.1, Definitions, 19.7, Industrial/
commercial/Institutional boilers and other heat exchangers, 19.15,
Procedures and deadlines for demonstrating compliance, and 19.16,
Adjusting combustion processes. Consistent with section III., ``Program
Implementation,'' of the MOA, NJDEP
[[Page 23500]]
shall continue to administer and oversee its federally-approved RACT
provisions to ensure compliance for the existing non-EGUs located at
the Bayway Refinery and Paulsboro Refining Co. Table 1 of the MOA
demonstrates that the cumulative total permitted NO<INF>X</INF>
emissions during the ozone season of all affected non-EGUs at these two
facilities is 349.09 tons of NO<INF>X</INF> per ozone season, which is
less than half of the 745-ton limit for non-EGU sources in New
Jersey.\9\ Consistent with the NO<INF>X</INF> SIP Call monitoring,
reporting, and recordkeeping requirements under 40 CFR 51.121(f)(1) and
40 CFR 51.121(i), and in accordance with New Jersey's emission
statement program, N.J.A.C. 7:27-21, the finalized MOA also includes
table 2, which outlines the requirements for CEMS and/or Source
Emission Testing for the affected non-EGU sources located at these two
facilities.
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\9\ Tables 3 and 4 of the MOA outline the actual emission from
the Bayway Refinery and Paulsboro Refining Co. non-EGUs units for
each ozone season and calendar year, respectively. Specifically,
table 3 outlines the actual emission during the ozone season (tons/
season) between 2019-2023. In 2023, the cumulative actual emission
from all affected non-EGUs located at these NJ's facilities were
189.26 tons per ozone season, which is well below the 745-ton limit
for non-EGU sources in New Jersey.
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III. What is the EPA's evaluation of NJ's SIP revision?
The EPA finds that the MOA submitted by New Jersey on February 13,
2025, effectively outlines the primary responsibilities between the
NJDEP and the EPA to ensure the State's successful and effective
compliance with the NO<INF>X</INF> SIP Call, including 40 CFR
51.121(r)(2). The MOA specifies that the affected non-EGUs include
existing, modified, and new fossil fuel-fired boilers and combustion
turbines with a maximum design heat input greater than 250 mmBtu/hr.
Consistent with the requirements of the NO<INF>X</INF> SIP Call under
40 CFR 51.121(f) and 40 CFR 51.121(i), the MOA outlines that affected
non-EGUs located in the State will continue to comply with federally-
approved NO<INF>X</INF> RACT (N.J.A.C. 7:27-19) and emission statement
(N.J.A.C. 7:27-21) provisions that outline emission limits and
monitoring, recordkeeping, and reporting requirements for major
sources. These include requirements that the affected sources report
annually to the State their ozone season NO<INF>X</INF> emissions in
tons. During the development of the MOA, the EPA determined that if New
Jersey continues to administer and oversee its federally-approved RACT
and emission statement provisions as to new, modified, and existing
non-EGUs, the requirements of 40 CFR 51.121, including 40 CFR
51.121(r)(2), will be satisfied.
The EPA also finds that the MOA memorializes an aggregate state-
wide budget for the affected non-EGU units as well as official annual
ozone season NO<INF>X</INF> reporting requirements by the State to the
EPA, satisfying the State's obligations, including those at 40 CFR
51.122. The MOA specifies that the budget for affected non-EGUs'
aggregated emissions will be 745 tons of NO<INF>X</INF> per ozone
season (May 1-September 30 of each year). The MOA details New Jersey's
SIP-approved regulations and associated permit requirements for
existing non-EGU facilities located in the State that address
continuous emission monitoring and source emission testing.
Specifically, the MOA commits NJDEP to transmitting an annual report to
EPA Region 2 by July 1 of each year that demonstrate affected non-EGUs'
compliance with a statewide budget of 745 tons of NO<INF>X</INF> per
ozone season and commits to submitting a revised SIP to the EPA that
will address any shortfalls if the statewide budget is ever exceeded.
The MOA commits the EPA to make reasonable and prompt efforts to
coordinate and review the annual reports submitted by the State. In the
event of an exceedance of the budget, New Jersey commits to submit a
SIP revision to the EPA that will address any budget shortfall
resulting from the exceedance and ensure that the State's 745-ton ozone
season budget is complied with in future years.
The EPA has evaluated the MOA and has determined that this
agreement between NJDEP and EPA Region 2 addresses New Jersey's
obligations under the NO<INF>X</INF> SIP Call, including under 40 CFR
51.121(r).
IV. What is the EPA's proposed action?
The EPA is proposing to approve a revision in the New Jersey SIP
submitted by NJDEP on February 13, 2025. The SIP revision includes a
MOA that outlines the responsibilities between the NJDEP and the EPA to
ensure New Jersey's successful and effective compliance with the
NO<INF>X</INF> SIP Call. The MOA establishes the mechanism by which New
Jersey will report to the EPA, which is consistent with the State's
obligations under the NO<INF>X</INF> SIP Call. It also ensures that the
ozone season NO<INF>X</INF> emissions from applicable existing and new
non-EGU units will not exceed a budget of 745 tons per ozone season.
The EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action. Interested parties may participate in the Federal rulemaking
procedure by submitting written comments on this proposed rule by
following the instructions listed in the ADDRESSES section of this
document.
V. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
that includes incorporation by reference. In accordance with the
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference NJDEP's Memorandum of Agreement with the EPA to address the
NO<INF>X</INF> SIP Call as discussed in section II. of this preamble.
The EPA has made, and will continue to make, these materials available
through the docket for this action, EPA-R02-OAR-2025-0088, at <a href="https://www.regulations.gov">https://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).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<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
[[Page 23501]]
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 CAA.
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
(Authority: 42 U.S.C. 7401 et seq.)
Michael Martucci,
Regional Administrator, Region 2.
[FR Doc. 2025-09996 Filed 6-2-25; 8:45 am]
BILLING CODE 6560-50-P
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