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, and 2012 PM2.5, 64070-64072 [2016-22400]

Download as PDF 64070 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule does not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of temporary security zones for special events being held in conjunction with the 22nd International Seapower Symposium. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2–1 of Commandant Instruction M16475.lD. An environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reports and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: rmajette on DSK2TPTVN1PROD with RULES PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ■ 2. Add temporary § 165.T01–0813 to read as follows: ENVIRONMENTAL PROTECTION AGENCY § 165.T01–0813 Security Zones: Rosecliff Mansion and Newport Marriott Hotel, Newport, Rhode Island. 40 CFR Part 52 (a) Location. The following areas are security zones: All navigable waters, from surface to bottom, within 500 yards of Rosecliff Mansion (approximate position 41°¥27′54″ N., 071°¥18′18″ W.) and the Newport Marriott Hotel (approximate position 41°¥29′23″ N., 071°¥19′04″ W.), Newport, Rhode Island. (b) Effective and enforcement period. This rule will be effective and enforced from 4 p.m. to 11:30 p.m. on Tuesday, September 20, 2016 at Rosecliff Mansion, and from 4 p.m. to 11:30 p.m. on Thursday, September 22, 2016, at the Newport Marriott Hotel. (c) Definitions. The following definitions apply to this section: ‘‘Designated on-scene patrol personnel’’ means any commissioned, warrant and petty officers of the U.S. Coast Guard operating Coast Guard vessels who have been authorized to act on the behalf of the Captain of the Port, Southeastern New England. (d) Regulations. (1) The general regulations contained in 33 CFR 165.30 and 165.33 apply. (2) In accordance with the general regulations in 33 CFR 165.33 of this part, entry into or movement within these zones is prohibited unless authorized by the Captain of the Port, Southeastern New England. (3) Any vessel permitted to enter these security zones shall comply with the Coast Guard Captain of the Port or designated on-scene patrol personnel. (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. (5) Persons and vessels may request permission to enter the zone on VHF– 16. Dated: August 31, 2016. J.A. Smith, Commander, U.S. Coast Guard, Acting Captain of the Port, Southeastern New England. [FR Doc. 2016–22463 Filed 9–16–16; 8:45 am] BILLING CODE 9110–04–P 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. VerDate Sep<11>2014 14:11 Sep 16, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 [EPA–R02–OAR–2016–0389; FRL–9952–41– 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, and 2012 PM2.5, 2006 PM10 and 2011 Carbon Monoxide NAAQS: Interstate Transport Provisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is partially approving and partially disapproving elements of a New Jersey State Implementation Plan (SIP) submittal pertaining to 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: This rule is effective on October 19, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R02–OAR–2016–0389. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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. Publicly available docket materials are available either electronically through http://www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information. SUMMARY: E:\FR\FM\19SER1.SGM 19SER1 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, 212–637–3702, fradkin.kenneth@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we’’, ‘‘us’’, and ‘‘our’’ means EPA. I. Background and Purpose II. What action is EPA taking? III. Statutory and Executive Order Reviews rmajette on DSK2TPTVN1PROD with RULES I. Background and Purpose This rulemaking addresses CAA section 110(a)(2)(D)(i) requirements in New Jersey’s infrastructure SIP submitted on October 17, 2014 to address applicable infrastructure requirements with respect to the 2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5, 2006 PM10 and 2011 CO NAAQS. The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ‘‘within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),’’ and these SIP submissions are to provide for the ‘‘implementation, maintenance, and enforcement’’ of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA’s taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ‘‘[e]ach such plan’’ submission must address. EPA commonly refers to such state plans as ‘‘infrastructure SIPs.’’ In particular, section 110(a)(2)(D)(i)(I) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS (commonly referred to as prong 1), or interfering with maintenance of the NAAQS (prong 2), in any another state. Section 110(a)(2)(D)(i)(II) requires SIPs to 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. This rulemaking pertains only to the portion of the SIP submittal addressing section 110(a)(2)(D)(i)(II)(prongs 3 and 4). On March 30, 2016, New Jersey withdrew the portion of the submittal addressing 110(a)(2)(D)(i)(I) (prongs 1 and 2) for the 2008 Ozone NAAQS. EPA subsequently issued a Finding of Failure VerDate Sep<11>2014 14:11 Sep 16, 2016 Jkt 238001 to Submit to New Jersey.1 EPA will address the other portions of the October 17, 2014 infrastructure SIP submittal in a separate action. EPA proposed action on the October 17, 2014 submittal on July 27, 2016 (81 FR 49205). In that action, EPA proposed to disapprove the portions of New Jersey’s October 17, 2014 SIP submission addressing prong 3 and proposed to approve the portions addressing prong 4 regarding CAA section 110(a)(2)(D)(i) requirements. No comments were received on the proposal. The reader is referred to the July 27, 2016 proposed rulemaking for a detailed discussion of New Jersey’s submittal and EPA’s review and proposed actions. II. What action is EPA taking? EPA is approving the portion of the October 17, 2014 SIP submittal from New Jersey pertaining to the requirements of CAA section 110(a)(2)(D)(i)(II) requirement for visibility (or prong 4) for the 2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 p.m.2.5, 2006 p.m.10 and 2011 CO NAAQS. New Jersey has elected to comply with the Federal PSD requirements by accepting delegation of the Federal rules and has been successfully implementing this program for many years. However, EPA does not recognize a delegated PSD program as satisfying the Infrastructure SIP requirements. Therefore, EPA is disapproving New Jersey’s submittal pertaining to the requirements of CAA section 110(a)(2)(D)(i)(II) requirement for PSD (or prong 3) for the 2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5, 2006 p.m.10 and 2011 CO NAAQS. However, the disapprovals will not trigger any sanctions or additional Federal Implementation Plan obligation since a PSD Federal Implementation Plan is already in place. III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This final action is not a ‘‘significant regulatory action’’ under the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and was therefore not submitted to the Office of Management and Budget for review. B. Paperwork Reduction Act (PRA) This final action does not impose an information collection burden under the PRA because it does not contain any information collection activities. 1 81 PO 00000 FR 38963 (June 15, 2016). Frm 00021 Fmt 4700 Sfmt 4700 64071 C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This rule does not impose any requirements or create impacts on small entities. This partial SIP approval and partial SIP disapproval under CAA section 110 will not in-and-of itself create any new requirements but simply approves and disapproves certain state requirements for inclusion into the SIP. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This action does not apply on any Indian reservation land, any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, or non-reservation areas of Indian country. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it merely partially approves and partially disapproves a SIP submittal from the State of New Jersey. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a E:\FR\FM\19SER1.SGM 19SER1 64072 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations significant regulatory action under Executive Order 12866. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations because it does not affect the level of protection provided to human health or the environment. This action merely partially approves and partially disapproves a SIP submittal from the State of New Jersey. K. Congressional Review Act (CRA) This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to 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). rmajette on DSK2TPTVN1PROD with RULES L. Judicial Review 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 18, 2016. 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 CAA section 307(b)(2)). 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, Volatile organic compounds. 40 CFR part 52 is amended as follows: Jkt 238001 § 52.1586 Section 110(a)(2) infrastructure requirements. * * * * * (b) 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2, 2012 PM2.5, 2006 PM10 and 2011 CO NAAQS—(1) Approval. Submittal from New Jersey dated October 17, 2014 to address the CAA infrastructure requirements of section 110(a)(2) for the 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2, 2012 PM2.5, 2006 PM10 and 2011 CO NAAQS is approved for (D)(i)(II) prong 4 (visibility). (2) Disapproval. Submittal from New Jersey dated October 17, 2014 to address the CAA infrastructure requirements of section 110(a)(2) for the 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2, 2012 PM2.5, 2006 PM10 and 2011 CO NAAQS is disapproved for (D)(i)(II) prong 3 (PSD program only). These requirements are being addressed by § 52.1603 which has been delegated to New Jersey to implement. (c) [Reserved] [FR Doc. 2016–22400 Filed 9–16–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2015–0824; FRL–9952–42– Region 5] Air Plan Approval; Ohio; Infrastructure SIP Requirements for the 2012 PM2.5 NAAQS Environmental Protection Agency (EPA). ACTION: Final rule. Dated: September 6, 2016. Judith A. Enck, Regional Administrator, Region 2. 14:11 Sep 16, 2016 2. Section 52.1586 is amended by adding paragraph (b) and adding and reserving paragraph (c) to read as follows: ■ The Environmental Protection Agency (EPA) is approving elements of the state implementation plan (SIP) submission from Ohio regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). The infrastructure SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 This final rule is effective on October 19, 2016. DATES: AGENCY: Authority: 42 U.S.C. 7401 et seq. VerDate Sep<11>2014 Subpart FF—New Jersey 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. The proposed rule associated with this final action was published on June 23, 2016, and we received no comments. EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2015–0824. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, 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 through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Joseph Ko, Environmental Engineer, at (312) 886–7947 before visiting the Region 5 office. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Joseph Ko, Environmental Engineer, Attainment Planning and Maintenance, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–7947, ko.joseph@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. What did Ohio submit, and what is the scope of EPA’s action? II. What action is EPA taking? III. Statutory and Executive Order Reviews I. What did Ohio submit, and what is the scope of EPA’s action? A. What state SIP submission does this rulemaking address? This rulemaking addresses a submission from the Ohio Environmental Protection Agency (OEPA), describing its infrastructure SIP for the 2012 PM2.5 NAAQS, dated December 4, 2015. E:\FR\FM\19SER1.SGM 19SER1

Agencies

[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64070-64072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22400]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0389; FRL-9952-41-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, and 2012 
PM2.5, 2006 PM10 and 2011 Carbon Monoxide NAAQS: Interstate Transport 
Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving and partially disapproving elements of a New Jersey State 
Implementation Plan (SIP) submittal pertaining to 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: This rule is effective on October 19, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2016-0389. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information 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. Publicly available docket materials are available 
either electronically through http://www.regulations.gov or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional information.

[[Page 64071]]


FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, 212-637-3702, 
fradkin.kenneth@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'', 
and ``our'' means EPA.

I. Background and Purpose
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses CAA section 110(a)(2)(D)(i) requirements 
in New Jersey's infrastructure SIP submitted on October 17, 2014 to 
address applicable infrastructure requirements with respect to the 2008 
Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 
PM2.5, 2006 PM10 and 2011 CO NAAQS.
    The requirement for states to make a SIP submission of this type 
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), 
states must make SIP submissions ``within 3 years (or such shorter 
period as the Administrator may prescribe) after the promulgation of a 
national primary ambient air quality standard (or any revision 
thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address. EPA 
commonly refers to such state plans as ``infrastructure SIPs.'' In 
particular, section 110(a)(2)(D)(i)(I) requires SIPs to include 
provisions prohibiting any source or other type of emissions activity 
in one state from contributing significantly to nonattainment of the 
NAAQS (commonly referred to as prong 1), or interfering with 
maintenance of the NAAQS (prong 2), in any another state. Section 
110(a)(2)(D)(i)(II) requires SIPs to 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.
    This rulemaking pertains only to the portion of the SIP submittal 
addressing section 110(a)(2)(D)(i)(II)(prongs 3 and 4). On March 30, 
2016, New Jersey withdrew the portion of the 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.\1\ 
EPA will address the other portions of the October 17, 2014 
infrastructure SIP submittal in a separate action.
---------------------------------------------------------------------------

    \1\ 81 FR 38963 (June 15, 2016).
---------------------------------------------------------------------------

    EPA proposed action on the October 17, 2014 submittal on July 27, 
2016 (81 FR 49205). In that action, EPA proposed to disapprove the 
portions of New Jersey's October 17, 2014 SIP submission addressing 
prong 3 and proposed to approve the portions addressing prong 4 
regarding CAA section 110(a)(2)(D)(i) requirements. No comments were 
received on the proposal. The reader is referred to the July 27, 2016 
proposed rulemaking for a detailed discussion of New Jersey's submittal 
and EPA's review and proposed actions.

II. What action is EPA taking?

    EPA is approving the portion of the October 17, 2014 SIP submittal 
from New Jersey pertaining to the requirements of CAA section 
110(a)(2)(D)(i)(II) requirement for visibility (or prong 4) for the 
2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 
2012 p.m.2.5, 2006 p.m.10 and 2011 CO NAAQS.
    New Jersey has elected to comply with the Federal PSD requirements 
by accepting delegation of the Federal rules and has been successfully 
implementing this program for many years. However, EPA does not 
recognize a delegated PSD program as satisfying the Infrastructure SIP 
requirements. Therefore, EPA is disapproving New Jersey's submittal 
pertaining to the requirements of CAA section 110(a)(2)(D)(i)(II) 
requirement for PSD (or prong 3) for the 2008 Lead, 2008 Ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5, 2006 
p.m.10 and 2011 CO NAAQS. However, the disapprovals will not 
trigger any sanctions or additional Federal Implementation Plan 
obligation since a PSD Federal Implementation Plan is already in place.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This final action is not a ``significant regulatory action'' under 
the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) 
and was therefore not submitted to the Office of Management and Budget 
for review.

B. Paperwork Reduction Act (PRA)

    This final action does not impose an information collection burden 
under the PRA because it does not contain any information collection 
activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
rule does not impose any requirements or create impacts on small 
entities. This partial SIP approval and partial SIP disapproval under 
CAA section 110 will not in-and-of itself create any new requirements 
but simply approves and disapproves certain state requirements for 
inclusion into the SIP.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action does not apply on any Indian 
reservation land, any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction, or non-reservation areas of 
Indian country. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it merely partially approves and 
partially disapproves a SIP submittal from the State of New Jersey.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a

[[Page 64072]]

significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes the human health or environmental risk addressed by 
this action will not have potential disproportionately high and adverse 
human health or environmental effects on minority, low-income or 
indigenous populations because it does not affect the level of 
protection provided to human health or the environment. This action 
merely partially approves and partially disapproves a SIP submittal 
from the State of New Jersey.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule 
report to each House of the Congress and to 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).

L. Judicial Review

    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 18, 2016. 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 CAA section 307(b)(2)).

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, Volatile organic 
compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: September 6, 2016.
Judith A. Enck,
Regional Administrator, Region 2.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart FF--New Jersey

0
2. Section 52.1586 is amended by adding paragraph (b) and adding and 
reserving paragraph (c) to read as follows:


Sec.  52.1586   Section 110(a)(2) infrastructure requirements.

* * * * *
    (b) 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2, 2012 PM2.5, 
2006 PM10 and 2011 CO NAAQS--(1) Approval. Submittal from New Jersey 
dated October 17, 2014 to address the CAA infrastructure requirements 
of section 110(a)(2) for the 2008 Lead, 2008 8-hour ozone, 2010 
NO2, 2010 SO2, 2012 PM2.5, 2006 
PM10 and 2011 CO NAAQS is approved for (D)(i)(II) prong 4 
(visibility).
    (2) Disapproval. Submittal from New Jersey dated October 17, 2014 
to address the CAA infrastructure requirements of section 110(a)(2) for 
the 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 
SO2, 2012 PM2.5, 2006 PM10 and 2011 CO 
NAAQS is disapproved for (D)(i)(II) prong 3 (PSD program only). These 
requirements are being addressed by Sec.  52.1603 which has been 
delegated to New Jersey to implement.
    (c) [Reserved]


[FR Doc. 2016-22400 Filed 9-16-16; 8:45 am]
 BILLING CODE 6560-50-P