Approval and Promulgation of Air Quality Implementation Plans; State of New Jersey; Redesignation of Areas for Air Quality Planning Purposes and Approval of the Associated Maintenance Plan, 54396-54399 [2013-21016]
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54396
Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Rules and Regulations
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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; and
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this final action does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP
obligations discussed herein do not
apply to Indian Tribes, and thus this
action will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 4, 2013. 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
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reference, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: August 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. Section 52.131 is amended by
adding paragraph (b) to read as follows:
■
§ 52.131 Control Strategy and regulations:
Fine Particle Matter.
*
*
*
*
*
(b) Determination of Attainment:
Effective October 4, 2013, EPA has
determined that, based on 2010 to 2012
ambient air quality data, the West
Central Pinal PM2.5 nonattainment area
has attained the 2006 24-hour PM2.5
NAAQS. This determination suspends
the requirements for this area to submit
an attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment for
as long as this area continues to attain
the 2006 24-hour PM2.5 NAAQS. If EPA
determines, after notice-and-comment
rulemaking, that this area no longer
meets the 2006 PM2.5 NAAQS, the
corresponding determination of
attainment for that area shall be
withdrawn.
[FR Doc. 2013–21366 Filed 9–3–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[Docket No. EPA–R02–OAR–2012–0889;
FRL–9900–33–Region 2]
Approval and Promulgation of Air
Quality Implementation Plans; State of
New Jersey; Redesignation of Areas
for Air Quality Planning Purposes and
Approval of the Associated
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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On December 26, 2012 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 New York-N.New
Jersey-Long Island, NY-NJ-CT
nonattainment area, and the New Jersey
portion of the Philadelphia-Wilmington,
PA-NJ-DE nonattainment area, from
nonattainment to attainment for the
1997 annual and the 2006 24-hour Fine
Particle (PM2.5) National Ambient Air
Quality Standards (NAAQS). In
conjunction with its redesignation
request, New Jersey submitted a State
Implementation Plan (SIP) revision
containing a maintenance plan for the
areas that provides for continued
maintenance of the 1997 annual and
2006 24-hour PM2.5 NAAQS. The
submittals included the 2007 ammonia
(NH3), volatile organic compounds
(VOC), nitrogen oxides (NOX), direct
PM2.5 and sulfur dioxide (SO2)
emissions inventories submitted to meet
the comprehensive emissions inventory
requirements of section 172(c)(3) of the
Clean Air Act (CAA), and accompanying
motor vehicle emissions budgets. EPA is
taking final action to approve the
requested SIP revisions and to
redesignate the New Jersey portions of
the New York-N.New Jersey-Long
Island, NY-NJ-CT nonattainment area,
and the Philadelphia-Wilmington, PANJ-DE nonattainment area, to attainment
for the 1997 annual and the 2006 24hour PM2.5 NAAQS.
SUMMARY:
This rule is effective on
September 4, 2013.
DATES:
EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2012–0889. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., 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 either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Programs Branch, U.S. Environmental
Protection Agency, Region II, 290
Broadway, New York, New York 10007.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kenneth Fradkin (fradkin.kenneth@
epa.gov), Air Programs Branch, 290
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Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Rules and Regulations
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–4249.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. What comments did EPA receive on its
proposal?
III. What is EPA’s final action?
IV. Correction of Administrative Errors
V. Statutory and Executive Order Reviews
I. Background and Purpose
On December 26, 2012, the State of
New Jersey, through NJDEP, submitted a
request to redesignate the New Jersey
portion of the New York-N.New JerseyLong Island, NY-NJ-CT nonattainment
area (‘‘NY-NJ-CT nonattainment area’’),
and the New Jersey portion of the
Philadelphia-Wilmington, PA-NJ-DE
nonattainment area (‘‘PA-NJ-DE
nonattainment area’’) from
nonattainment to attainment for the
1997 annual and the 2006 24-hour PM2.5
NAAQS. Concurrently, NJDEP
submitted a maintenance plan for the
areas as a SIP revision to ensure
continued attainment. In a
supplemental submission to EPA on
May 3, 2013, the State of New Jersey
submitted NH3 and VOC emissions
inventories to supplement the emissions
inventories that had been submitted on
December 26, 2012.
Specific details regarding EPA’s
analysis of New Jersey’s SIP can be
found in the proposed rulemaking
published in the Federal Register (FR)
on June 27, 2013 (78 FR 38648).
II. What comments did EPA receive on
its proposal?
EPA received two comments in
support of the proposal. No adverse
comments were submitted.
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III. What is EPA’s final action?
EPA has evaluated New Jersey’s
redesignation request and determined
that it meets the redesignation criteria
set forth in the CAA, and is consistent
with Agency regulations and policy.
Therefore, EPA is taking several actions.
EPA is approving New Jersey’s request
for the redesignation of the New Jersey
portions of the NY-NJ-CT and PA-NJ-DE
nonattainment areas from
nonattainment to attainment for the
1997 PM2.5 annual and the 2006 PM2.5
24-hour NAAQS. We are approving New
Jersey’s maintenance plan for the New
Jersey portions of the NY-NJ-CT and PANJ-DE nonattainment areas because it
meets the requirements set forth in
section 175A of the CAA. EPA is
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approving the 2007 NH3, VOC, NOX,
direct PM2.5 and SO2 emissions
inventories as meeting the
comprehensive emissions inventory
requirements of section 172(c)(3) of the
CAA. Additionally, EPA is approving
the 2009 and 2025 motor vehicle
emissions budgets for PM2.5 and NOX.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for this
action to become effective immediately
upon publication. A delayed effective
date is unnecessary due to the nature of
a redesignation to attainment, which
eliminates CAA obligations that would
otherwise apply. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves New Jersey
of the obligation to comply with
nonattainment-related planning
requirements for this PM2.5 Area
pursuant to Part D of the CAA. For these
reasons, EPA finds good cause under 5
U.S.C. 553(d) for this action to become
effective on the date of publication of
this rulemaking.
IV. Correction of Administrative Errors
At 78 FR 885, January 7, 2013,
§ 52.1602 was amended by adding new
paragraph (e) Determination of
Attainment. However, the amendment
could not be incorporated into the Code
of Federal Regulations (CFR) because
paragraph (e) already existed. The
amendment will be incorporated as
paragraph (f) in the regulatory text as
part of this final rule.
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, EPA’s role is to approve
state choices, provided that they meet
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54397
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:
• 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);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
• 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);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
• In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Rules and Regulations
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: August 13, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. Section 52.1602 is amended by
adding new paragraphs (f), (g) and (h) to
read as follows:
■
§ 52.1602 Control strategy and
regulations: PM2.5.
*
*
*
*
*
(f) Determination of Attainment. EPA
has determined, as of January 7, 2013,
that based on 2008 to 2010 and 2009 to
2011 ambient air quality data, the
Philadelphia-Wilmington, PA-NJ-DE
fine particlulate (PM2.5) nonattainment
area has attained the 2006 24-hour PM2.5
national ambient air quality standard
(NAAQS). This determination suspends
the requirements for the PhiladelphiaWilmington, PA-NJ-DE PM2.5
nonattainment area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 2006 24-hour
PM2.5 NAAQS.
(g) Approval—The maintenance plan
submitted on December 26, 2012, and
supplemented on May 3, 2013, for the
1997 PM2.5 National Ambient Air
Quality Standard and the 2006 PM2.5
National Ambient Air Quality Standard
for the New Jersey portion of the New
York-Northern New Jersey-Long Island,
NY-NJ-CT, PM2.5 nonattainment area
and the New Jersey portion of the
Philadelphia-Wilmington, PA-NJ-DE,
PM2.5 nonattainment area has been
approved.
(1) The maintenance plan establishes
2009 motor vehicle emission budgets for
the New Jersey portion of the New YorkNorthern New Jersey-Long Island, NYNJ-CT, PM2.5 nonattainment area. The
budgets were allocated by metropolitan
planning organization as follows: North
Jersey Transportation Planning
Authority: 67,272 tons per year for NOX
and 2,736 tons per year for PM2.5;
Delaware Valley Regional Planning
Commission (Mercer County): 5,835
tons per year for NOX and 224 tons per
year for PM2.5.
(2) The maintenance plan establishes
2025 motor vehicle emission budgets for
the New Jersey portion of the New YorkNorthern New Jersey-Long Island, NYNJ-CT, PM2.5 nonattainment area. The
budgets were allocated by metropolitan
planning organization as follows: North
Jersey Transportation Planning
Authority: 25,437 tons per year for NOX
and 1,509 tons per year for PM2.5;
Delaware Valley Regional Planning
Commission (Mercer County): 2,551
tons per year for NOX and 119 tons per
year for PM2.5.
(3) The maintenance plan establishes
2009 motor vehicle emission budgets for
the New Jersey portion of the
Philadelphia-Wilmington, PA-NJ-DE,
PM2.5 nonattainment area. The budgets
were allocated by metropolitan planning
organization as follows: Delaware Valley
Regional Planning Commission
(Burlington, Camden, and Gloucester
Counties): 18,254 tons per year for NOX
and 680 tons per year for PM2.5.
(4) The maintenance plan establishes
2025 motor vehicle emission budgets for
the New Jersey portion of the
Philadelphia-Wilmington, PA-NJ-DE,
PM2.5 nonattainment area. The budgets
were allocated by metropolitan planning
organization as follows: Delaware Valley
Regional Planning Commission
(Burlington, Camden, and Gloucester
Counties): 8,003 tons per year for NOX
and 363 tons per year for PM2.5.
(h) Approval—The 2007 attainment
year emissions inventory for the New
Jersey portions of the New YorkNorthern New Jersey-Long Island, NYNJ-CT, PM2.5 nonattainment area and
the Philadelphia-Wilmington, PA-NJDE, PM2.5 nonattainment area consisting
of NOX, VOC, NH3, directly emitted
PM2.5, and SO2 emissions. This
inventory satisfies the comprehensive
emission inventory requirements of
section 172(c)(3).
PART 81—[AMENDED]
3. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
4. In § 81.331:
a. The table entitled ‘‘New Jersey—
PM2.5 (Annual NAAQS)’’ is amended by
revising the entries under ‘‘New York-N.
New Jersey-Long Island, NY-NJ-CT’’ for
‘‘Bergen County’’, ‘‘Essex County’’,
‘‘Hudson County’’, ‘‘Mercer County’’,
‘‘Middlesex County’’, ‘‘Monmouth
County’’, ‘‘Morris County’’, ‘‘Passaic
County’’, ‘‘Somerset County’’, and
‘‘Union County’’, and under
‘‘Philadelphia-Wilmington, PA-NJ-DE’’
for ‘‘Burlington County’’, ‘‘Camden
County’’, and ‘‘Gloucester County’’.
■ b. The table entitled ‘‘New Jersey—
PM2.5 [24-hour NAAQS]’’ is amended by
revising the entries under ‘‘New York-N.
New Jersey-Long Island, NY-NJ-CT’’ for
‘‘Bergen County’’, ‘‘Essex County’’,
‘‘Hudson County’’, ‘‘Mercer County’’,
‘‘Middlesex County’’, ‘‘Monmouth
County’’, ‘‘Morris County’’, ‘‘Passaic
County’’, ‘‘Somerset County’’, and
‘‘Union County’’, and under
‘‘Philadelphia-Wilmington, PA-NJ-DE’’
for ‘‘Burlington County’’, ‘‘Camden
County’’, and ‘‘Gloucester County’’.
The revisions read as follows:
■
■
§ 81.331
*
*
New Jersey.
*
*
*
NEW JERSEY PM2.5
[Annual NAAQS]
Designation a
Designated area
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Date 1
*
*
*
*
*
*
New York-N. New Jersey-Long Island, NY-NJ-CT:
Bergen County ....................................................................................................................................................
Essex County ......................................................................................................................................................
Hudson County ...................................................................................................................................................
Mercer County .....................................................................................................................................................
Middlesex County ................................................................................................................................................
Monmouth County ...............................................................................................................................................
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Type
*
9–4–13
9–4–13
9–4–13
9–4–13
9–4–13
9–4–13
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
54399
Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Rules and Regulations
NEW JERSEY PM2.5—Continued
[Annual NAAQS]
Designation a
Designated area
Date 1
Morris County ......................................................................................................................................................
Passaic County ...................................................................................................................................................
Somerset County ................................................................................................................................................
Union County ......................................................................................................................................................
Philadelphia-Wilmington, PA-NJ-DE:
Burlington County ................................................................................................................................................
Camden County ..................................................................................................................................................
Gloucester County ..............................................................................................................................................
*
*
*
*
*
Type
9–4–13
9–4–13
9–4–13
9–4–13
Attainment.
Attainment.
Attainment.
Attainment.
9–4–13
9–4–13
9–4–13
Attainment.
Attainment.
Attainment.
*
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
NEW JERSEY PM2.5
[24-hour NAAQS]
Designation for the 1997 NAAQS a
Designation for the 2006
NAAQS a
Designated area
Date 1
*
*
*
New York-N. New Jersey-Long Island, NY-NJ-CT:
Bergen County ......................................................................
Essex County ........................................................................
Hudson County .....................................................................
Mercer County ......................................................................
Middlesex County .................................................................
Monmouth County ................................................................
Morris County .......................................................................
Passaic County .....................................................................
Somerset County ..................................................................
Union County ........................................................................
Philadelphia-Wilmington, PA-NJ-DE:
Burlington County .................................................................
Camden County ....................................................................
Gloucester County ................................................................
*
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*
Type
*
Date 2
*
*
Type
*
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
Unclassifiable/Attainment
Unclassifiable/Attainment
Unclassifiable/Attainment
Unclassifiable/Attainment
Unclassifiable/Attainment
Unclassifiable/Attainment
Unclassifiable/Attainment
Unclassifiable/Attainment
Unclassifiable/Attainment
Unclassifiable/Attainment
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
9–4–13
9–4–13
9–4–13
9–4–13
9–4–13
9–4–13
9–4–13
9–4–13
9–4–13
9–4–13
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
........................
........................
........................
Unclassifiable/Attainment .....
Unclassifiable/Attainment .....
Unclassifiable/Attainment .....
9–4–13
9–4–13
9–4–13
Attainment.
Attainment.
Attainment.
*
*
*
*
a Includes
1 This
2 This
*
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
date is 30 days after November 13, 2009, unless otherwise noted.
*
*
*
*
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
[FR Doc. 2013–21016 Filed 9–3–13; 8:45 am]
BILLING CODE 6560–50–P
NMFS announces that the
State of North Carolina is transferring a
portion of its 2013 commercial bluefish
quota to the Commonwealth of
Massachusetts. By this action, NMFS
adjusts the quotas and announces the
revised commercial quota for each state
involved.
DATES: Effective August 29, 2013,
through December 31, 2013.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Management
Specialist, 978–281–9224.
SUPPLEMENTARY INFORMATION:
Regulations governing the bluefish
fishery are found at 50 CFR part 648.
SUMMARY:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
sroberts on DSK5SPTVN1PROD with RULES
[Docket No. 130104009–3416–02]
RIN 0648–XC815
Fisheries of the Northeastern United
States; Bluefish Fishery; Quota
Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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The regulations require annual
specification of a commercial quota that
is apportioned among the coastal states
from Florida through Maine. The
process to set the annual commercial
quota and the percent allocated to each
state are described in § 648.162.
The final rule implementing
Amendment 1 to the Bluefish Fishery
Management Plan, which was published
on July 26, 2000 (65 FR 45844),
provided a mechanism for bluefish
quota to be transferred from one state to
another. Two or more states, under
mutual agreement and with the
concurrence of the Administrator,
Northeast Region, NMFS (Regional
Administrator), can transfer or combine
bluefish commercial quota under
§ 648.162(e). The Regional
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]]>Agencies
[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Rules and Regulations]
[Pages 54396-54399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21016]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[Docket No. EPA-R02-OAR-2012-0889; FRL-9900-33-Region 2]
Approval and Promulgation of Air Quality Implementation Plans;
State of New Jersey; Redesignation of Areas for Air Quality Planning
Purposes and Approval of the Associated Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On December 26, 2012 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 New York-N.New Jersey-Long Island, NY-NJ-
CT nonattainment area, and the New Jersey portion of the Philadelphia-
Wilmington, PA-NJ-DE nonattainment area, from nonattainment to
attainment for the 1997 annual and the 2006 24-hour Fine Particle
(PM2.5) National Ambient Air Quality Standards (NAAQS). In
conjunction with its redesignation request, New Jersey submitted a
State Implementation Plan (SIP) revision containing a maintenance plan
for the areas that provides for continued maintenance of the 1997
annual and 2006 24-hour PM2.5 NAAQS. The submittals included
the 2007 ammonia (NH3), volatile organic compounds (VOC),
nitrogen oxides (NOX), direct PM2.5 and sulfur
dioxide (SO2) emissions inventories submitted to meet the
comprehensive emissions inventory requirements of section 172(c)(3) of
the Clean Air Act (CAA), and accompanying motor vehicle emissions
budgets. EPA is taking final action to approve the requested SIP
revisions and to redesignate the New Jersey portions of the New York-
N.New Jersey-Long Island, NY-NJ-CT nonattainment area, and the
Philadelphia-Wilmington, PA-NJ-DE nonattainment area, to attainment for
the 1997 annual and the 2006 24-hour PM2.5 NAAQS.
DATES: This rule is effective on September 4, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-2012-0889. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
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 either electronically through https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Programs Branch, U.S. Environmental
Protection Agency, Region II, 290 Broadway, New York, New York 10007.
FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin
(fradkin.kenneth@epa.gov), Air Programs Branch, 290
[[Page 54397]]
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. What comments did EPA receive on its proposal?
III. What is EPA's final action?
IV. Correction of Administrative Errors
V. Statutory and Executive Order Reviews
I. Background and Purpose
On December 26, 2012, the State of New Jersey, through NJDEP,
submitted a request to redesignate the New Jersey portion of the New
York-N.New Jersey-Long Island, NY-NJ-CT nonattainment area (``NY-NJ-CT
nonattainment area''), and the New Jersey portion of the Philadelphia-
Wilmington, PA-NJ-DE nonattainment area (``PA-NJ-DE nonattainment
area'') from nonattainment to attainment for the 1997 annual and the
2006 24-hour PM2.5 NAAQS. Concurrently, NJDEP submitted a
maintenance plan for the areas as a SIP revision to ensure continued
attainment. In a supplemental submission to EPA on May 3, 2013, the
State of New Jersey submitted NH3 and VOC emissions
inventories to supplement the emissions inventories that had been
submitted on December 26, 2012.
Specific details regarding EPA's analysis of New Jersey's SIP can
be found in the proposed rulemaking published in the Federal Register
(FR) on June 27, 2013 (78 FR 38648).
II. What comments did EPA receive on its proposal?
EPA received two comments in support of the proposal. No adverse
comments were submitted.
III. What is EPA's final action?
EPA has evaluated New Jersey's redesignation request and determined
that it meets the redesignation criteria set forth in the CAA, and is
consistent with Agency regulations and policy. Therefore, EPA is taking
several actions. EPA is approving New Jersey's request for the
redesignation of the New Jersey portions of the NY-NJ-CT and PA-NJ-DE
nonattainment areas from nonattainment to attainment for the 1997
PM2.5 annual and the 2006 PM2.5 24-hour NAAQS. We
are approving New Jersey's maintenance plan for the New Jersey portions
of the NY-NJ-CT and PA-NJ-DE nonattainment areas because it meets the
requirements set forth in section 175A of the CAA. EPA is approving the
2007 NH3, VOC, NOX, direct PM2.5 and
SO2 emissions inventories as meeting the comprehensive
emissions inventory requirements of section 172(c)(3) of the CAA.
Additionally, EPA is approving the 2009 and 2025 motor vehicle
emissions budgets for PM2.5 and NOX.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. A
delayed effective date is unnecessary due to the nature of a
redesignation to attainment, which eliminates CAA obligations that
would otherwise apply. The immediate effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to prepare before the rule takes effect. Rather, today's rule
relieves New Jersey of the obligation to comply with nonattainment-
related planning requirements for this PM2.5 Area pursuant
to Part D of the CAA. For these reasons, EPA finds good cause under 5
U.S.C. 553(d) for this action to become effective on the date of
publication of this rulemaking.
IV. Correction of Administrative Errors
At 78 FR 885, January 7, 2013, Sec. 52.1602 was amended by adding
new paragraph (e) Determination of Attainment. However, the amendment
could not be incorporated into the Code of Federal Regulations (CFR)
because paragraph (e) already existed. The amendment will be
incorporated as paragraph (f) in the regulatory text as part of this
final rule.
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, 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:
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);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
[[Page 54398]]
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: August 13, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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. Section 52.1602 is amended by adding new paragraphs (f), (g) and (h)
to read as follows:
Sec. 52.1602 Control strategy and regulations: PM2.5.
* * * * *
(f) Determination of Attainment. EPA has determined, as of January
7, 2013, that based on 2008 to 2010 and 2009 to 2011 ambient air
quality data, the Philadelphia-Wilmington, PA-NJ-DE fine particlulate
(PM2.5) nonattainment area has attained the 2006 24-hour
PM2.5 national ambient air quality standard (NAAQS). This
determination suspends the requirements for the Philadelphia-
Wilmington, PA-NJ-DE PM2.5 nonattainment area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long
as this area continues to meet the 2006 24-hour PM2.5 NAAQS.
(g) Approval--The maintenance plan submitted on December 26, 2012,
and supplemented on May 3, 2013, for the 1997 PM2.5 National
Ambient Air Quality Standard and the 2006 PM2.5 National
Ambient Air Quality Standard for the New Jersey portion of the New
York-Northern New Jersey-Long Island, NY-NJ-CT, PM2.5
nonattainment area and the New Jersey portion of the Philadelphia-
Wilmington, PA-NJ-DE, PM2.5 nonattainment area has been
approved.
(1) The maintenance plan establishes 2009 motor vehicle emission
budgets for the New Jersey portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT, PM2.5 nonattainment area. The budgets
were allocated by metropolitan planning organization as follows: North
Jersey Transportation Planning Authority: 67,272 tons per year for
NOX and 2,736 tons per year for PM2.5; Delaware
Valley Regional Planning Commission (Mercer County): 5,835 tons per
year for NOX and 224 tons per year for PM2.5.
(2) The maintenance plan establishes 2025 motor vehicle emission
budgets for the New Jersey portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT, PM2.5 nonattainment area. The budgets
were allocated by metropolitan planning organization as follows: North
Jersey Transportation Planning Authority: 25,437 tons per year for
NOX and 1,509 tons per year for PM2.5; Delaware
Valley Regional Planning Commission (Mercer County): 2,551 tons per
year for NOX and 119 tons per year for PM2.5.
(3) The maintenance plan establishes 2009 motor vehicle emission
budgets for the New Jersey portion of the Philadelphia-Wilmington, PA-
NJ-DE, PM2.5 nonattainment area. The budgets were allocated
by metropolitan planning organization as follows: Delaware Valley
Regional Planning Commission (Burlington, Camden, and Gloucester
Counties): 18,254 tons per year for NOX and 680 tons per
year for PM2.5.
(4) The maintenance plan establishes 2025 motor vehicle emission
budgets for the New Jersey portion of the Philadelphia-Wilmington, PA-
NJ-DE, PM2.5 nonattainment area. The budgets were allocated
by metropolitan planning organization as follows: Delaware Valley
Regional Planning Commission (Burlington, Camden, and Gloucester
Counties): 8,003 tons per year for NOX and 363 tons per year
for PM2.5.
(h) Approval--The 2007 attainment year emissions inventory for the
New Jersey portions of the New York-Northern New Jersey-Long Island,
NY-NJ-CT, PM2.5 nonattainment area and the Philadelphia-
Wilmington, PA-NJ-DE, PM2.5 nonattainment area consisting of
NOX, VOC, NH3, directly emitted PM2.5,
and SO2 emissions. This inventory satisfies the
comprehensive emission inventory requirements of section 172(c)(3).
PART 81--[AMENDED]
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:
0
a. The table entitled ``New Jersey--PM2.5 (Annual NAAQS)''
is amended by revising the entries under ``New York-N. New Jersey-Long
Island, NY-NJ-CT'' for ``Bergen County'', ``Essex County'', ``Hudson
County'', ``Mercer County'', ``Middlesex County'', ``Monmouth County'',
``Morris County'', ``Passaic County'', ``Somerset County'', and ``Union
County'', and under ``Philadelphia-Wilmington, PA-NJ-DE'' for
``Burlington County'', ``Camden County'', and ``Gloucester County''.
0
b. The table entitled ``New Jersey--PM2.5 [24-hour NAAQS]''
is amended by revising the entries under ``New York-N. New Jersey-Long
Island, NY-NJ-CT'' for ``Bergen County'', ``Essex County'', ``Hudson
County'', ``Mercer County'', ``Middlesex County'', ``Monmouth County'',
``Morris County'', ``Passaic County'', ``Somerset County'', and ``Union
County'', and under ``Philadelphia-Wilmington, PA-NJ-DE'' for
``Burlington County'', ``Camden County'', and ``Gloucester County''.
The revisions read as follows:
Sec. 81.331 New Jersey.
* * * * *
New Jersey PM2.5
[Annual NAAQS]
------------------------------------------------------------------------
Designation \a\
Designated area --------------------------------------
Date \1\ Type
------------------------------------------------------------------------
* * * * * * *
New York-N. New Jersey-Long
Island, NY-NJ-CT:
Bergen County................ 9-4-13 Attainment.
Essex County................. 9-4-13 Attainment.
Hudson County................ 9-4-13 Attainment.
Mercer County................ 9-4-13 Attainment.
Middlesex County............. 9-4-13 Attainment.
Monmouth County.............. 9-4-13 Attainment.
[[Page 54399]]
Morris County................ 9-4-13 Attainment.
Passaic County............... 9-4-13 Attainment.
Somerset County.............. 9-4-13 Attainment.
Union County................. 9-4-13 Attainment.
Philadelphia-Wilmington, PA-NJ-
DE:
Burlington County............ 9-4-13 Attainment.
Camden County................ 9-4-13 Attainment.
Gloucester County............ 9-4-13 Attainment.
* * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
New Jersey PM2.5
[24-hour NAAQS]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation for the 1997 NAAQS \a\ Designation for the 2006 NAAQS \a\
Designated area --------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
New York-N. New Jersey-Long Island, NY-NJ-
CT:
Bergen County........................ .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Essex County......................... .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Hudson County........................ .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Mercer County........................ .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Middlesex County..................... .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Monmouth County...................... .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Morris County........................ .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Passaic County....................... .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Somerset County...................... .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Union County......................... .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Philadelphia-Wilmington, PA-NJ-DE:
Burlington County.................... .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Camden County........................ .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
Gloucester County.................... .............. Unclassifiable/Attainment...................... 9-4-13 Attainment.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.
* * * * *
[FR Doc. 2013-21016 Filed 9-3-13; 8:45 am]
BILLING CODE 6560-50-P
