Approval and Promulgation of Implementation Plans; New Jersey; Regional Haze Five-Year Progress Report State Implementation Plan, 45472-45473 [2017-20821]
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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2016–0413; FRL–9968–63–
Region 2]
Approval and Promulgation of
Implementation Plans; New Jersey;
Regional Haze Five-Year Progress
Report State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving New Jersey’s
regional haze progress report, submitted
on June 28, 2016, as a revision to its
State Implementation Plan (SIP). New
Jersey’s SIP revision addresses
requirements of the Clean Air Act and
the EPA’s rules that require each state
to submit periodic reports describing
progress towards reasonable progress
goals established for regional haze and
a determination of the adequacy of the
state’s existing regional haze SIP. The
EPA is approving New Jersey’s
determination that the State’s regional
haze SIP is adequate to meet these
reasonable progress goals for the first
implementation period which extends
through 2018.
DATES: This rule is effective on October
30, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2016–0413. 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,
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
form. Publicly available docket
materials are available through
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10278, (212) 637–3381 or
wieber.kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
I. Background
Under the Regional Haze Rule,1 each
state was required to submit its first
1 40
CFR part 51, subpart P.
VerDate Sep<11>2014
16:55 Sep 28, 2017
Jkt 241001
implementation plan addressing
regional haze visibility impairment to
the EPA no later than December 17,
2007. See 40 CFR 51.308(b). New Jersey
submitted its regional haze plan on July
28, 2009. On January 3, 2012, the EPA
approved New Jersey’s regional haze SIP
submittal addressing the requirements
of the first implementation period for
regional haze. 77 FR 19 (Jan.3, 2012).
Each state is also required to submit
a progress report in the form of a SIP
revision that evaluates progress towards
the reasonable progress goals (RPGs) for
each mandatory Class I Federal area
within the state and for each mandatory
Class I Federal area outside the state
which may be affected by emissions
from within the state. See 40 CFR
51.308(g). Each state is also required to
submit, at the same time as the progress
report, a determination of the adequacy
of its existing regional haze SIP. See 40
CFR 51.308(h). The progress report SIP
was due five years after submittal of the
initial regional haze SIP.
On June 28, 2016, New Jersey
submitted to the EPA, as a revision to
its SIP, a report on progress made
towards the RPGs for Class I areas in the
State and for Class I areas outside the
State that are affected by emissions from
sources within the State. In its progress
report SIP, New Jersey concludes the
elements and strategies relied on in its
original regional haze SIP are sufficient
to enable New Jersey and neighboring
states to meet all established RPGs. In a
notice of proposed rulemaking (NPRM)
published on August 1, 2017 (82 FR
35734), the EPA proposed to approve
New Jersey’s progress report as
satisfying the requirements of 40 CFR
51.308(g) and 51.308(h). No comments
were received on the August 1, 2017
proposed rulemaking.
II. Final Action
EPA is finalizing approval of New
Jersey’s Regional Haze Progress Report
SIP revision, submitted by New Jersey
on June 28, 2016, as meeting the
requirements of 40 CFR 51.308(g) and
51.308(h).
III. 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
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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.
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,
E:\FR\FM\29SER1.SGM
29SER1
45473
Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 28,
2017. 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
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.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: September 19, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
Part 52 chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
Subpart FF—New Jersey
2. In § 52.1570(e), the table titled
‘‘EPA APPROVED NEW JERSEY
NONREGULATORY AND QUASIREGULATORY PROVISIONS’’ is
amended by adding the entry ‘‘Regional
Haze Five-Year Progress Report’’ at the
end of the table to read as follows:
■
§ 52.1570
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI–REGULATORY PROVISIONS
Applicable
geographic or
nonattainment area
SIP element
*
*
Regional Haze Five-Year Progress Report.
New Jersey
submittal date
EPA
approval date
*
State-wide ..................
*
June 28, 2016 ......
*
*
September 29, 2017, [Federal Register page citation].
This rule will be effective
October 30, 2017.
DATES:
[FR Doc. 2017–20821 Filed 9–28–17; 8:45 am]
BILLING CODE 6560–50–P
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0362. 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 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
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0362; FRL–9968–10–
Region 4]
Air Plan Approval; North Carolina
Miscellaneous Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving several
changes to the North Carolina State
Implementation Plan (SIP) submitted by
the State of North Carolina, through the
North Carolina Department of
Environmental Quality (NCDEQ), on
December 14, 2004, and March 1, 2016.
The March 1, 2016, submission adds a
new rule to the ‘‘Exclusionary Rules’’ of
the North Carolina SIP, and the portion
of the December 14, 2004, submission
EPA is approving adds two new rules
under a new section called ‘‘Permit
Exemptions.’’ This action is being taken
pursuant to the Clean Air Act (CAA or
Act).
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
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SUPPLEMENTARY INFORMATION:
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Sfmt 4700
Explanation
*
I. Background
On December 14, 2004, and March 1,
2016, the State of North Carolina,
through NCDEQ, submitted revisions to
the North Carolina SIP. The March 1,
2016, submission which adds a new
rule—15A NCAC 02Q .0809 Concrete
Batch Plants—and a portion of the
December 14, 2004, submission which
adds two new rules—15A NCAC 02Q
.0901, Purpose and Scope and .0902
Portable Crushers. In a proposed
rulemaking published on July 10, 2017
(82 FR 31739), EPA proposed to approve
these SIP revisions. The details of North
Carolina’s SIP revision and the rationale
for EPA’s action are explained in the
proposed rulemaking. Comments on the
proposed rulemaking were due on or
before August 9, 2017. EPA did not
receive any comments on the proposed
action.
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of North Carolina Rules
15A NCAC 02Q .0809 entitled
‘‘Concrete Batch Plants’’ effective April
1, 2004, a new exclusionary rule for
concrete batch that excludes from Title
V permitting requirements such
E:\FR\FM\29SER1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45472-45473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20821]
[[Page 45472]]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0413; FRL-9968-63-Region 2]
Approval and Promulgation of Implementation Plans; New Jersey;
Regional Haze Five-Year Progress Report State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving New
Jersey's regional haze progress report, submitted on June 28, 2016, as
a revision to its State Implementation Plan (SIP). New Jersey's SIP
revision addresses requirements of the Clean Air Act and the EPA's
rules that require each state to submit periodic reports describing
progress towards reasonable progress goals established for regional
haze and a determination of the adequacy of the state's existing
regional haze SIP. The EPA is approving New Jersey's determination that
the State's regional haze SIP is adequate to meet these reasonable
progress goals for the first implementation period which extends
through 2018.
DATES: This rule is effective on October 30, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R02-OAR-2016-0413. 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, 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 form. Publicly available docket materials are
available through www.regulations.gov, or please contact the person
identified in the For Further Information Contact section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10278, (212) 637-3381 or wieber.kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Regional Haze Rule,\1\ each state was required to submit
its first implementation plan addressing regional haze visibility
impairment to the EPA no later than December 17, 2007. See 40 CFR
51.308(b). New Jersey submitted its regional haze plan on July 28,
2009. On January 3, 2012, the EPA approved New Jersey's regional haze
SIP submittal addressing the requirements of the first implementation
period for regional haze. 77 FR 19 (Jan.3, 2012).
---------------------------------------------------------------------------
\1\ 40 CFR part 51, subpart P.
---------------------------------------------------------------------------
Each state is also required to submit a progress report in the form
of a SIP revision that evaluates progress towards the reasonable
progress goals (RPGs) for each mandatory Class I Federal area within
the state and for each mandatory Class I Federal area outside the state
which may be affected by emissions from within the state. See 40 CFR
51.308(g). Each state is also required to submit, at the same time as
the progress report, a determination of the adequacy of its existing
regional haze SIP. See 40 CFR 51.308(h). The progress report SIP was
due five years after submittal of the initial regional haze SIP.
On June 28, 2016, New Jersey submitted to the EPA, as a revision to
its SIP, a report on progress made towards the RPGs for Class I areas
in the State and for Class I areas outside the State that are affected
by emissions from sources within the State. In its progress report SIP,
New Jersey concludes the elements and strategies relied on in its
original regional haze SIP are sufficient to enable New Jersey and
neighboring states to meet all established RPGs. In a notice of
proposed rulemaking (NPRM) published on August 1, 2017 (82 FR 35734),
the EPA proposed to approve New Jersey's progress report as satisfying
the requirements of 40 CFR 51.308(g) and 51.308(h). No comments were
received on the August 1, 2017 proposed rulemaking.
II. Final Action
EPA is finalizing approval of New Jersey's Regional Haze Progress
Report SIP revision, submitted by New Jersey on June 28, 2016, as
meeting the requirements of 40 CFR 51.308(g) and 51.308(h).
III. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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.
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,
[[Page 45473]]
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 28, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: September 19, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
Part 52 chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. In Sec. 52.1570(e), the table titled ``EPA APPROVED NEW JERSEY
NONREGULATORY AND QUASI-REGULATORY PROVISIONS'' is amended by adding
the entry ``Regional Haze Five-Year Progress Report'' at the end of the
table to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic or
SIP element nonattainment area New Jersey submittal date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Regional Haze Five-Year Progress State-wide........................ June 28, 2016................ September 29, 2017, ........................
Report. [Federal Register
page citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-20821 Filed 9-28-17; 8:45 am]
BILLING CODE 6560-50-P
