Partial Approval and Partial Disapproval of Air Quality Implementation Plans; NJ; Infrastructure SIP Requirements for 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, 2011 Carbon Monoxide, 2006 PM10, 49205-49207 [2016-17710]
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Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2016–0389; FRL–9949–66–
Region 2]
Partial Approval and Partial
Disapproval of Air Quality
Implementation Plans; NJ;
Infrastructure SIP Requirements for
2008 Lead, 2008 Ozone, 2010 Nitrogen
Dioxide, 2010 Sulfur Dioxide, 2011
Carbon Monoxide, 2006 PM10, and 2012
PM2.5 NAAQS: Interstate Transport
Provisions
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to partially
approve and partially disapprove
elements of New Jersey’s State
Implementation Plan (SIP) revision
submitted regarding the infrastructure
requirements of section 110(a)(1) and (2)
of the Clean Air Act (CAA) for the 2008
Lead, 2008 Ozone, 2010 Nitrogen
Dioxide (NO2), 2010 Sulfur Dioxide
(SO2), 2011 Carbon Monoxide (CO),
2006 Particulate Matter of ten microns
or less (PM10), and 2012 Particulate
Matter of 2.5 microns or less (PM2.5)
National Ambient Air Quality Standards
(NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. This
action pertains specifically to
infrastructure requirements relating to
interstate transport provisions
concerning the Prevention of Significant
Deterioration of Air Quality (PSD)
regulations, and visibility protection.
DATES: Comments must be received on
or before August 26, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–2016–0389 at http://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) 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
ehiers on DSK5VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
15:12 Jul 26, 2016
Jkt 238001
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 CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
http://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kenneth Fradkin, Environmental
Protection Agency, 290 Broadway, 25th
Floor, New York, NY 10007–1866, (212)
637–3702, or by email at
Fradkin.Kenneth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. EPA’s Review
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
Pursuant to section 110(a)(1) of the
CAA, states are required to submit SIPs
that provide for the implementation,
maintenance and enforcement of a new
or revised NAAQS within 3 years
following the promulgation of a new or
revised NAAQS. Section 110(a)(2) lists
specific requirements that states must
meet in these SIP submissions, as
applicable. The EPA refers to this type
of SIP submission as the
‘‘infrastructure’’ SIP because the SIP
ensures that states can implement,
maintain and enforce the air standards.
Within these requirements, section
110(a)(2)(D)(i) contains requirements to
address interstate transport of NAAQS
pollutants. A SIP revision submitted for
this sub-section is referred to as an
‘‘interstate transport SIP.’’ Section
110(a)(2)(D)(i) contains two subsections:
(D)(i)(I) and (D)(i)(II). Section
110(a)(2)(D)(i)(I) requires SIPs to contain
adequate provisions to prohibit
emissions from the state that will
contribute significantly to
nonattainment of the NAAQS in any
other state (commonly referred to as
prong 1), or interfere with maintenance
of the NAAQS in any other state (prong
2). Section 110(a)(2)(D)(i)(II) requires
that infrastructure SIPs include
provisions prohibiting any source or
other type of emissions activity in one
state from interfering with measures
required to prevent significant
deterioration (PSD) of air quality (prong
3) and to protect visibility (prong 4) in
another state.
On March 12, 2008 (73 FR 16436
(March 27, 2008)), EPA promulgated a
revised NAAQS for ozone. EPA revised
the level of the 8-hour ozone NAAQS
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
49205
from 0.08 parts per million (ppm) to
0.075 ppm.
On October 15, 2008 (73 FR 66964
(Nov. 12, 2008)), EPA promulgated a
new NAAQS, rolling 3-month average
NAAQS for lead. The 2008 lead NAAQS
is 0.15 micrograms per cubic meter of
air (mg/m3) maximum (not-to-beexceeded). On January 22, 2010 (75 FR
6474 (Feb. 9, 2010)), EPA promulgated
a new 1-hour primary NAAQS for NO2
at a level of 100 parts per billion (ppb),
based on a 3-year average of the 98th
percentile of the yearly distribution of 1hour daily maximum concentrations.
On June 2, 2010 (75 FR 35520 (June 22,
2010)), EPA promulgated a revised
primary NAAQS for SO2 at a level of 75
ppb, based on a 3-year average of the
annual 99th percentile of 1-hour daily
maximum concentrations. On December
14, 2012 (78 FR 3086 (Jan. 15, 2013)),
EPA promulgated a revised primary
NAAQS for PM2.5 for the annual
standard. The revised standard was set
at the level of 12mg/m3 calculated as an
annual average, which is averaged over
a three year period.
On September 21, 2006 (71 FR 61144
(Oct. 17, 2006)), EPA retained the
primary and secondary 24-hour PM10
standard of 150 mg/m3, not to be
exceeded more than once per year on
average over a 3-year period. The
standard was initially promulgated on
June 2, 1987 (52 FR 24634 (July 1,
2006)). The PM10 standard was also
retained on December 14, 2012 (78 FR
3086 (Jan. 15, 2013)). On August 31,
2011, EPA retained the existing primary
and secondary standards for CO of 9
ppm as an 8-hour average, and 35 ppm
as a 1-hour standard average, neither to
be exceeded more than once per year.
The standards were initially established
on April 30, 1971 (36 FR 8186).
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 NO2, 2010 SO2, and
2012 PM2.5 NAAQS. Although not
specifically required by 110(a)(1) since
neither NAAQS was new or revised1,
the SIP revision also included
infrastructure requirements for the 2006
PM10 and 2011 CO NAAQS.
The submittal addressed all four
prongs of the interstate transport
1 EPA notes that, when promulgated, the 2006 24hour PM10 NAAQS and the 2011 primary CO
NAAQS were neither ‘‘new’’ nor ‘‘revised’’
NAAQS—they merely retained, without revision,
prior NAAQS for those pollutants. Accordingly,
promulgation of these NAAQS did not trigger a new
obligation for New Jersey to make infrastructure SIP
submissions.
E:\FR\FM\27JYP1.SGM
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49206
Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Proposed Rules
ehiers on DSK5VPTVN1PROD with PROPOSALS
requirements. On March 30, 2016, New
Jersey withdrew the portion of their
submittal addressing 110(a)(2)(D)(i)(I)
(prongs 1 and 2) for the 2008 Ozone
NAAQS. EPA subsequently issued a
Finding of Failure to Submit to New
Jersey.2
This proposed action pertains only to
the portion of the SIP submittal
addressing section
110(a)(2)(D)(i)(II)(prongs 3 and 4). EPA
will address the other portions of the
October 17, 2014 infrastructure SIP
submittal in a separate action.
II. EPA’s Review
Under 110(a)(2)(D)(i)(II) (prong 3) SIPs
are required to have provisions
prohibiting emissions that would
interfere with measures required to be
in another state’s SIP under part C of the
CAA to prevent significant deterioration
of air quality.
New Jersey’s SIP is not approved with
respect to the PSD permit program
required by Part C of the CAA. As a
result, EPA’s regulations at 40 CFR
52.21 have been incorporated into New
Jersey’s applicable state plan. New
Jersey has been delegated authority by
EPA to implement 40 CFR 52.21.
Although New Jersey has been
successfully implementing the program,
a state’s infrastructure SIP submittal
cannot be considered for approvability
with respect to prong 3 until EPA has
issued final approval of that state’s PSD
SIP, or, alternatively, has issued final
approval of a SIP that EPA has
otherwise found adequate to prohibit
interference with other state’s measures
to prevent significant deterioration of air
quality. Therefore, we are proposing to
disapprove New Jersey’s 110(a)
submissions for the 2008 Lead, 2008
Ozone, 2010 NO2, 2010 SO2, 2011 CO,
2006 PM10, and 2012 PM2.5 NAAQS for
prong 3 of 110(a)(2)(D)(i)(II) because
New Jersey is currently subject to a
Federal Implementation Plan (FIP) and
does not have a PSD SIP. This
disapproval will not trigger any
sanctions or additional FIP obligation,
since the FIP is already in place. This
action will have no discernible effect on
the current implementation of the PSD
program in New Jersey, as the State is
already implementing a well-established
PSD program through EPA delegation.
In this action, EPA is proposing that,
for the 2008 Lead, 2008 Ozone, 2010
NO2, 2010 SO2, 2011 CO, 2006 PM10,
and 2012 PM2.5 NAAQS, New Jersey
satisfies the 110(a)(2)(D)(i)(II)
requirement for visibility (prong 4). New
Jersey addresses visibility protection
requirements for the 2008 Lead, 2008
2 81
FR 38963 (June 15, 2016).
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Ozone, 2010 NO2, 2010 SO2, 2011 CO,
2006 PM10, and 2012 PM2.5 NAAQS
through its Regional Haze SIP. EPA
approved New Jersey’s Regional Haze
SIP submittal (77 FR 19 (Jan. 3, 2012))
as part of New Jersey’s SIP. The regional
haze rule requires that a state
participating in a regional planning
process include all measures needed to
achieve its apportionment of emission
reduction obligations agreed upon
through that process.
In EPA’s approval of New Jersey’s
Regional Haze Plan, EPA has
determined that the plan contains
emission reductions needed to achieve
New Jersey’s share of emission
reductions that were determined to be
reasonable through the regional
planning process. Further, New Jersey’s
Regional Haze Plan ensures that
emissions from the State will not
interfere with the Reasonable Progress
Goals for neighboring States’ Class I
areas.
Thus, New Jersey’s approved Regional
Haze SIP ensures that emissions from
sources within the State are not
interfering with measures to protect
visibility in other states.
III. What action is EPA taking?
EPA is proposing to disapprove the
portion of the October 17, 2014 New
Jersey SIP submittal for 2008 Lead, 2008
Ozone, 2010 NO2, 2010 SO2, 2011 CO,
2006 PM10, and 2012 PM2.5 NAAQS
pertaining to prong 3 CAA section
110(a)(2)(D)(i)(II) regarding interstate
transport of air pollution to prevent
significant deterioration (PSD) of air
quality in other states due to the State’s
lack of a state adopted PSD program.
However, the disapproval will not
trigger any sanctions or an additional
FIP obligation since a PSD FIP is already
in place.
EPA is proposing approval of the
portion of the October 17, 2014 New
Jersey SIP submittal for 2008 Lead, 2008
Ozone, 2010 NO2, 2010 SO2, 2011 CO,
2006 PM10, and 2012 PM2.5 NAAQS
pertaining to the CAA section
110(a)(2)(D)(i)(II) requirement for
visibility (or prong 4).
EPA is soliciting public comments on
the issues discussed in this proposal.
These comments will be considered
before EPA takes final action. Interested
parties may participate in the Federal
rulemaking procedure by following the
directions in the ADDRESSES section of
this Federal Register.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
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 (Public Law 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, 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. Thus, Executive
Order 13175 does not apply to this
action.
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Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Proposed Rules
List of Subjects in 40 CFR Part 52
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Environmental protection, Air
pollution control, Intergovernmental
relations, Incorporation by reference,
Carbon monoxide, Lead, Nitrogen
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dioxide, Ozone, Particulate matter,
Sulfur Dioxide, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
PO 00000
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Fmt 4702
Sfmt 9990
49207
Dated: July 18, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2016–17710 Filed 7–26–16; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Proposed Rules]
[Pages 49205-49207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17710]
[[Page 49205]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0389; FRL-9949-66-Region 2]
Partial Approval and Partial Disapproval of Air Quality
Implementation Plans; NJ; Infrastructure SIP Requirements for 2008
Lead, 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, 2011
Carbon Monoxide, 2006 PM10, and 2012 PM2.5 NAAQS:
Interstate Transport Provisions
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve and partially disapprove elements of New Jersey's
State Implementation Plan (SIP) revision submitted regarding the
infrastructure requirements of section 110(a)(1) and (2) of the Clean
Air Act (CAA) for the 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide
(NO2), 2010 Sulfur Dioxide (SO2), 2011 Carbon
Monoxide (CO), 2006 Particulate Matter of ten microns or less
(PM10), and 2012 Particulate Matter of 2.5 microns or less
(PM2.5) National Ambient Air Quality Standards (NAAQS). The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. This action
pertains specifically to infrastructure requirements relating to
interstate transport provisions concerning the Prevention of
Significant Deterioration of Air Quality (PSD) regulations, and
visibility protection.
DATES: Comments must be received on or before August 26, 2016.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2016-0389 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
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 CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Environmental
Protection Agency, 290 Broadway, 25th Floor, New York, NY 10007-1866,
(212) 637-3702, or by email at Fradkin.Kenneth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. EPA's Review
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs that provide for the implementation, maintenance and
enforcement of a new or revised NAAQS within 3 years following the
promulgation of a new or revised NAAQS. Section 110(a)(2) lists
specific requirements that states must meet in these SIP submissions,
as applicable. The EPA refers to this type of SIP submission as the
``infrastructure'' SIP because the SIP ensures that states can
implement, maintain and enforce the air standards. Within these
requirements, section 110(a)(2)(D)(i) contains requirements to address
interstate transport of NAAQS pollutants. A SIP revision submitted for
this sub-section is referred to as an ``interstate transport SIP.''
Section 110(a)(2)(D)(i) contains two subsections: (D)(i)(I) and
(D)(i)(II). Section 110(a)(2)(D)(i)(I) requires SIPs to contain
adequate provisions to prohibit emissions from the state that will
contribute significantly to nonattainment of the NAAQS in any other
state (commonly referred to as prong 1), or interfere with maintenance
of the NAAQS in any other state (prong 2). Section 110(a)(2)(D)(i)(II)
requires that infrastructure SIPs include provisions prohibiting any
source or other type of emissions activity in one state from
interfering with measures required to prevent significant deterioration
(PSD) of air quality (prong 3) and to protect visibility (prong 4) in
another state.
On March 12, 2008 (73 FR 16436 (March 27, 2008)), EPA promulgated a
revised NAAQS for ozone. EPA revised the level of the 8-hour ozone
NAAQS from 0.08 parts per million (ppm) to 0.075 ppm.
On October 15, 2008 (73 FR 66964 (Nov. 12, 2008)), EPA promulgated
a new NAAQS, rolling 3-month average NAAQS for lead. The 2008 lead
NAAQS is 0.15 micrograms per cubic meter of air ([micro]g/m\3\) maximum
(not-to-be-exceeded). On January 22, 2010 (75 FR 6474 (Feb. 9, 2010)),
EPA promulgated a new 1-hour primary NAAQS for NO2 at a
level of 100 parts per billion (ppb), based on a 3-year average of the
98th percentile of the yearly distribution of 1-hour daily maximum
concentrations. On June 2, 2010 (75 FR 35520 (June 22, 2010)), EPA
promulgated a revised primary NAAQS for SO2 at a level of 75
ppb, based on a 3-year average of the annual 99th percentile of 1-hour
daily maximum concentrations. On December 14, 2012 (78 FR 3086 (Jan.
15, 2013)), EPA promulgated a revised primary NAAQS for
PM2.5 for the annual standard. The revised standard was set
at the level of 12[micro]g/m\3\ calculated as an annual average, which
is averaged over a three year period.
On September 21, 2006 (71 FR 61144 (Oct. 17, 2006)), EPA retained
the primary and secondary 24-hour PM10 standard of 150
[micro]g/m\3\, not to be exceeded more than once per year on average
over a 3-year period. The standard was initially promulgated on June 2,
1987 (52 FR 24634 (July 1, 2006)). The PM10 standard was
also retained on December 14, 2012 (78 FR 3086 (Jan. 15, 2013)). On
August 31, 2011, EPA retained the existing primary and secondary
standards for CO of 9 ppm as an 8-hour average, and 35 ppm as a 1-hour
standard average, neither to be exceeded more than once per year. The
standards were initially established on April 30, 1971 (36 FR 8186).
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
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.
Although not specifically required by 110(a)(1) since neither NAAQS was
new or revised\1\, the SIP revision also included infrastructure
requirements for the 2006 PM10 and 2011 CO NAAQS.
---------------------------------------------------------------------------
\1\ EPA notes that, when promulgated, the 2006 24-hour
PM10 NAAQS and the 2011 primary CO NAAQS were neither
``new'' nor ``revised'' NAAQS--they merely retained, without
revision, prior NAAQS for those pollutants. Accordingly,
promulgation of these NAAQS did not trigger a new obligation for New
Jersey to make infrastructure SIP submissions.
---------------------------------------------------------------------------
The submittal addressed all four prongs of the interstate transport
[[Page 49206]]
requirements. On March 30, 2016, New Jersey withdrew the portion of
their submittal addressing 110(a)(2)(D)(i)(I) (prongs 1 and 2) for the
2008 Ozone NAAQS. EPA subsequently issued a Finding of Failure to
Submit to New Jersey.\2\
---------------------------------------------------------------------------
\2\ 81 FR 38963 (June 15, 2016).
---------------------------------------------------------------------------
This proposed action pertains only to the portion of the SIP
submittal addressing section 110(a)(2)(D)(i)(II)(prongs 3 and 4). EPA
will address the other portions of the October 17, 2014 infrastructure
SIP submittal in a separate action.
II. EPA's Review
Under 110(a)(2)(D)(i)(II) (prong 3) SIPs are required to have
provisions prohibiting emissions that would interfere with measures
required to be in another state's SIP under part C of the CAA to
prevent significant deterioration of air quality.
New Jersey's SIP is not approved with respect to the PSD permit
program required by Part C of the CAA. As a result, EPA's regulations
at 40 CFR 52.21 have been incorporated into New Jersey's applicable
state plan. New Jersey has been delegated authority by EPA to implement
40 CFR 52.21. Although New Jersey has been successfully implementing
the program, a state's infrastructure SIP submittal cannot be
considered for approvability with respect to prong 3 until EPA has
issued final approval of that state's PSD SIP, or, alternatively, has
issued final approval of a SIP that EPA has otherwise found adequate to
prohibit interference with other state's measures to prevent
significant deterioration of air quality. Therefore, we are proposing
to disapprove New Jersey's 110(a) submissions for the 2008 Lead, 2008
Ozone, 2010 NO2, 2010 SO2, 2011 CO, 2006
PM10, and 2012 PM2.5 NAAQS for prong 3 of
110(a)(2)(D)(i)(II) because New Jersey is currently subject to a
Federal Implementation Plan (FIP) and does not have a PSD SIP. This
disapproval will not trigger any sanctions or additional FIP
obligation, since the FIP is already in place. This action will have no
discernible effect on the current implementation of the PSD program in
New Jersey, as the State is already implementing a well-established PSD
program through EPA delegation.
In this action, EPA is proposing that, for the 2008 Lead, 2008
Ozone, 2010 NO2, 2010 SO2, 2011 CO, 2006
PM10, and 2012 PM2.5 NAAQS, New Jersey satisfies
the 110(a)(2)(D)(i)(II) requirement for visibility (prong 4). New
Jersey addresses visibility protection requirements for the 2008 Lead,
2008 Ozone, 2010 NO2, 2010 SO2, 2011 CO, 2006
PM10, and 2012 PM2.5 NAAQS through its Regional
Haze SIP. EPA approved New Jersey's Regional Haze SIP submittal (77 FR
19 (Jan. 3, 2012)) as part of New Jersey's SIP. The regional haze rule
requires that a state participating in a regional planning process
include all measures needed to achieve its apportionment of emission
reduction obligations agreed upon through that process.
In EPA's approval of New Jersey's Regional Haze Plan, EPA has
determined that the plan contains emission reductions needed to achieve
New Jersey's share of emission reductions that were determined to be
reasonable through the regional planning process. Further, New Jersey's
Regional Haze Plan ensures that emissions from the State will not
interfere with the Reasonable Progress Goals for neighboring States'
Class I areas.
Thus, New Jersey's approved Regional Haze SIP ensures that
emissions from sources within the State are not interfering with
measures to protect visibility in other states.
III. What action is EPA taking?
EPA is proposing to disapprove the portion of the October 17, 2014
New Jersey SIP submittal for 2008 Lead, 2008 Ozone, 2010
NO2, 2010 SO2, 2011 CO, 2006 PM10, and
2012 PM2.5 NAAQS pertaining to prong 3 CAA section
110(a)(2)(D)(i)(II) regarding interstate transport of air pollution to
prevent significant deterioration (PSD) of air quality in other states
due to the State's lack of a state adopted PSD program. However, the
disapproval will not trigger any sanctions or an additional FIP
obligation since a PSD FIP is already in place.
EPA is proposing approval of the portion of the October 17, 2014
New Jersey SIP submittal for 2008 Lead, 2008 Ozone, 2010
NO2, 2010 SO2, 2011 CO, 2006 PM10, and
2012 PM2.5 NAAQS pertaining to the CAA section
110(a)(2)(D)(i)(II) requirement for visibility (or prong 4).
EPA is soliciting public comments on the issues discussed in this
proposal. These comments will be considered before EPA takes final
action. Interested parties may participate in the Federal rulemaking
procedure by following the directions in the ADDRESSES section of this
Federal Register.
IV. 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 (Public Law 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, 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. Thus, Executive Order 13175 does not apply to this action.
[[Page 49207]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Carbon monoxide, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Sulfur Dioxide, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 18, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2016-17710 Filed 7-26-16; 8:45 am]
BILLING CODE 6560-50-P