Approval and Promulgation of Air Quality Implementation Plans; New Jersey; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, 2011 Carbon Monoxide, 2006 PM10, 24661-24664 [2018-10801]
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for rehearing is denied, as discussed in
the body of this order.
By the Commission.
Issued: May 17, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018–11537 Filed 5–29–18; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
Income Taxes
CFR Correction
In Title 26 of the Code of Federal
Regulations, Part 1 (§§ 1.140 to 1.169),
revised as of April 1, 2018, on page 88,
in § 1.148–1, paragraph (e)(3) is
reinstated to read as follows:
■
§ 1.148–1
Definitions and elections.
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(e) * * *
(3) Certain hedges. Investment-type
property also includes the investment
element of a contract that is a hedge
(within the meaning of § 1.148–
4(h)(2)(i)(A)) and that contains a
significant investment element because
a payment by the issuer relates to a
conditional or unconditional obligation
by the hedge provider to make a
payment on a later date. See § 1.148–
4(h)(2)(ii) relating to hedges with a
significant investment element.
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[FR Doc. 2018–11690 Filed 5–29–18; 8:45 am]
BILLING CODE 1301–00–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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Approval and Promulgation of Air
Quality Implementation Plans; New
Jersey; Infrastructure Requirements
for the 2008 Lead, 2008 Ozone, 2010
Nitrogen Dioxide, 2010 Sulfur Dioxide,
2011 Carbon Monoxide, 2006 PM10,
2012 PM2.5, 1997 Ozone, and the 1997
and 2006 PM2.5 National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
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FOR FURTHER INFORMATION CONTACT:
Anthony (Ted) Gardella, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3892, or by email at
Gardella.Anthony@epa.gov.
SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
[EPA–R02–OAR–2016–0625, FRL–9978–
24—Region 2]
SUMMARY:
New Jersey’s State Implementation Plan
(SIP) revision submittal 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, 2010 sulfur
dioxide, 2011 carbon monoxide, 2006
particulate matter of 10 microns or less
(PM10), and 2012 particulate matter of
2.5 microns or less (PM2.5) National
Ambient Air Quality Standards
(NAAQS). The EPA is also approving
three infrastructure requirements of the
1997 ozone and the 1997 and 2006
PM2.5 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.
DATES: This final rule is effective on
June 29, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2016–0625. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
I. What is the background for this action?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
IV. Incororation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
Under sections 110(a)(1) and (2) of the
Clean Air Act (CAA), each state is
required to submit a State
Implementation Plan (SIP) that provides
for the implementation, maintenance,
and enforcement of a revised primary or
secondary National Ambient Air Quality
Standards (NAAQS or standard). CAA
sections 110(a)(1) and (2) require each
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24661
state to make a new SIP submission
within three years after the EPA
promulgates a new or revised NAAQS
for approval into the existing federallyapproved SIP to assure that the SIP
meets the applicable requirements for
such new and revised NAAQS.
On March 1, 2018 (83 FR 8818), the
EPA published a Notice of Proposed
Rulemaking (NPR) in the Federal
Register for the State of New Jersey. The
NPR proposed to approve elements of
the State of New Jersey’s Infrastructure
SIP submission, dated October 17, 2014,
and as supplemented on March 15,
2017, as meeting the CAA section 110(a)
infrastructure requirements for the
following NAAQS: 2008 ozone, 2008
lead, 2010 nitrogen dioxide (NO2), 2010
sulfur dioxide (SO2), 2011 carbon
monoxide (CO), 2006 particulate matter
of 10 microns or less (PM10), and 2012
particulate matter of 2.5 microns or less
(PM2.5). Although not specifically
required by 110(a)(1) since neither
NAAQS was new or revised,1 the SIP
submission included infrastructure
requirements for the 2006 PM10 and
2011 CO NAAQS. As explained in the
NPR, the State has the necessary
infrastructure, resources and general
authority to implement the 2008 ozone,
2008 lead, 2010 NO2, 2010 SO2, 2011
CO, 2006 PM10, and 2012 PM2.5 NAAQS,
except where specifically noted.
The EPA also proposed to approve
three CAA section 110(a) infrastructure
requirements for the 1997 ozone and the
1997 and 2006 PM2.5 NAAQS that were
conditionally approved by the EPA on
June 14, 2013 (78 FR 35764). New
Jersey’s response to the conditional
approval was not submitted to EPA
within one year, but was submitted
approximately three months late, and
supplemented on March 15, 2017, so the
conditional approval is treated as a
disapproval. The EPA also proposed to
approve New Jersey’s October 17, 2014
submittal, as supplemented on March
15, 2017, for the 1997 ozone and the
1997 and 2006 PM2.5 NAAQS.
Other detailed information relevant to
this action on New Jersey’s
infrastructure SIP submission, the
requirements of infrastructure SIPs and
the rationale for the EPA’s proposed
action are explained in the NPR and the
associated Technical Support Document
(TSD) in the docket and are not restated
here.
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.
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II. What comments were received in
response to the EPA’s proposed action?
In response to the EPA’s March 1,
2018 proposed rulemaking on New
Jersey’s infrastructure SIP submission
dated October 17, 2014, and as
supplemented on March 15, 2017, the
EPA received fifteen comments from the
public during the 30-day public
comment period. After reviewing the
comments, the EPA has determined that
the comments are outside the scope of
our proposed action or fail to identify
any material issue necessitating a
response. None of the comments raise
issues germane to the EPA’s proposed
action. For this reason, the EPA will not
provide a specific response to the
comments. The comments may be
viewed under Docket ID Number EPA–
R02–OAR–2016–0625 on the https://
www.regulations.gov website.
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III. What action is the EPA taking?
The EPA is approving New Jersey’s
infrastructure submittal dated October
17, 2014, as supplemented on March 15,
2017, for the 2008 ozone, 2008 lead,
2010 NO2, 2010 SO2, 2011 CO, 2006
PM10, and 2012 PM2.5. NAAQS,
respectively, as meeting the
requirements of section 110(a)(2) of the
CAA, including specifically sections
110(a)(2)(A), (B), (C) (with the exception
of program requirements for PSD and
the permitting program for minor
sources and minor modifications), (E),
(F), (G), (H), (J) (with the exception of
program requirements related to PSD
and visibility), (K), (L), and (M) of the
CAA.
The EPA is not taking action on the
following elements that are not germane
to infrastructure SIPs: sections
110(a)(2)(C) (sub-element related to
nonattainment permitting); 110(a)(2)(I);
and the visibility requirements of
section 110(a)(2)(J). In addition, with
respect to 2008 lead, 2010 NO2, 2010
SO2, 2011 CO, 2006 PM10, and 2012
PM2.5 NAAQS, the EPA previously took
action on CAA element
110(a)(2)(D)(i)(II) [prongs 3 and 4] and
will take action on CAA element
110(a)(2)(D)(i)(I) [prongs 1 and 2] at a
later date. As noted in the NPR, New
Jersey withdrew the portion of its
October 17, 2014 SIP submission
addressing 110(a)(2)(D)(i)(I) with respect
to the 2008 8-hour ozone NAAQS.
Also, with respect to the 1997 ozone
and the 1997 and 2006 PM2.5. NAAQS,
the EPA is approving that New Jersey
has met the infrastructure SIP
requirements pertaining to sections
110(a)(2)(E)(ii) [conflict of interest] and
(E)(iii) [oversight of local governments
and local authorities]; and with respect
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to the 1997 ozone NAAQS, we are
approving that New Jersey has met the
infrastructure SIP requirements
pertaining to section 110(a)(2)(G)
[emergency powers].
The EPA is deleting the deficiency at
40 CFR 52.1579 because the deficiency
identified is resolved by the approval of
CAA section 110(a)(2)(E)(iii) for each of
the NAAQS indicated in this action.
In addition, the EPA is incorporating
into the New Jersey SIP the following
regulation and statutes:
N.J.S.A. 52:13D–14, 52:13D–16(a)–(b)
and 52:13D–21(n) ‘‘New Jersey’s
Conflict of Interest Law,’’ 2
N.J.A.C 7:27–12, ‘‘Prevention and
Control of Air Pollution Emergencies.’’ 3
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the
incorporation by reference the
regulation and statutes identified at the
bottom of Section III of this rule. The
EPA has made, and will continue to
make, these documents generally
available through www.regulations.gov
and at the EPA Region 2 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.4
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
2 N.J.S.A. 52:13D–14 (effective January 11, 1972).
52:13D–16 (effective January 11, 1972); most recent
amendment to 52:13D–16, (September 16, 1996).
52:13D–21 (effective January 11, 1972), subsection
52:13D–21(n) (effective March 15, 2006).
3 N.J.A.C 7:27–12 (state effective October 24, 1969
as amended May 20, 1974).
4 62 FR 27968 (May 22, 1997).
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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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
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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 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 July 30, 2018.
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,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 8, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Subpart FF—New Jersey
2. In § 52.1570:
a. The table in paragraph (c) is
amended by:
■ i. Revising the table heading;
■ ii. Revising the entry for ‘‘Title 7,
Chapter 27, Subchapter 12’’; and
■ iii. Adding entries for ‘‘N.J.S.A.
52:13D–14,’’ ‘‘52:13D–16(a)–(b),’’ and
‘‘52:13D–21(n)’’ at the end of the table;
and
■ b. The table in paragraph (e) is
amended by adding an entry for ‘‘NJ
Infrastructure SIP for the 2008 Lead,
2008 Ozone, 2010 Nitrogen Dioxide,
2010 Sulfur Dioxide, 2011 Carbon
Monoxide, 2006 PM10, 2012 PM2.5, 1997
Ozone, and the 1997 and 2006 PM2.5
Standards’’ at the end of the table.
The revisions and additions read as
follows:
■
■
§ 52.1570
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW JERSEY STATE REGULATIONS AND LAWS
State citation
Title/subject
State effective date
EPA approval date
Comments
*
*
Title 7, Chapter 27, Subchapter
12.
*
*
Prevention and Control of
May 20, 1974 ............
Air Pollution Emergencies.
*
*
May 30, 2018, [Insert Federal Register citation].
*
*
*
N.J.S.A. 52:13D–14 ......................
*
New Jersey’s Conflict of Interest Law.
New Jersey’s Conflict of Interest Law.
New Jersey’s Conflict of Interest Law.
*
*
May 30, 2018, [Insert Federal Register citation].
May 30, 2018, [Insert Federal Register citation].
May 30, 2018, [Insert Federal Register citation].
*
N.J.S.A.52:13D–16(a)-(b) .............
N.J.S.A. 52:13D–21(n) ..................
*
*
*
*
*
*
January 11, 1972 ......
September 16, 1996
March 15, 2006 .........
(e) * * *
EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
SIP element
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*
*
NJ Infrastructure SIP for the 2008 Lead, 2008
Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur
Dioxide, 2011 Carbon Monoxide, 2006
PM10, 2012 PM2.5, 1997 Ozone, and the
1997 and 2006 PM2.5 Standards.
§ 52.1579
[Removed and Reserved]
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*
*
State-wide ................. October 17, 2014 and
supplemented on
March 15, 2017.
c. Adding a sentence at the end of
paragraph (b)(1).
The revision and addition read as
follows:
■
3. Section 52.1579 is removed and
reserved.
■ 4. Section 52.1586 is amended by:
■ a. Revising paragraph (a)(1);
■ b. Removing and reserving paragraph
(a)(3); and
■
New Jersey
submittal date
§ 52.1586 Section 110(a)(2) infrastructure
requirements.
(a) * * *
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EPA approval
date
*
May 30, 2018, [Insert
Federal Register
citation].
Explanation
*
(1) Approval. In a February 25, 2008
submittal and supplemented on January
15, 2010, and in an October 17, 2014
submittal, as supplemented on March
15, 2017, New Jersey certified that the
State has satisfied the Clean Air Act
(CAA) infrastructure requirements of
section 110(a)(2) for the 1997 8-hour
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ozone and the 1997 and 2006 PM2.5
NAAQS requirements of CAA sections
110(a)(2)(A), (B), (C) (enforcement
program only), (D)(i)(II) prong 4
(visibility), (E), (F), (G), (H), (J)
(consultation and public notification
only), (K), (L), and (M).
*
*
*
*
*
(b) * * *
(1) * * * Submittal from New Jersey
dated October 17, 2014, as
supplemented on March 15, 2017, 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
(A), (B), (C) (enforcement program only),
(E), (F), (G), (H), (J) (consultation and
public notification only), (K), (L), and
(M).
*
*
*
*
*
[FR Doc. 2018–10801 Filed 5–29–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Response to Vacatur of Certain
Provisions of the Definition of Solid
Waste Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency is revising regulations
associated with the definition of solid
waste under the Resource Conservation
and Recovery Act. These revisions
implement vacaturs ordered by the
United States Court of Appeals for the
District of Columbia Circuit (D.C.
Circuit), on July 7, 2017, as modified on
March 6, 2018.
DATES: This final rule is effective on
May 30, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OLEM–2018–0185. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., 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
SUMMARY:
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Office of Resource Conservation and
Recovery, Materials Recovery and Waste
Management Division, MC 5304P,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460, Tracy Atagi, at (703) 308–8672,
(atagi.tracy@epa.gov).
SUPPLEMENTARY INFORMATION:
Preamble Outline
I. General Information
II. Statutory Authority
III. Which regulations is EPA removing and
replacing?
IV. When will the final rule become
effective?
V. State Authorization
VI. Statutory and Executive Order (E.O.)
Reviews
A. Does this action apply to me?
[EPA–HQ–OLEM–2018–0185; FRL–9977–
56–OLEM]
19:27 May 29, 2018
FOR FURTHER INFORMATION CONTACT:
I. General Information
40 CFR Parts 260 and 261
VerDate Sep<11>2014
available either electronically through
www.regulations.gov or in hard copy at
the EPA Docket Center. See https://
www.epa.gov/dockets/epa-docketcenter-reading-room for more
information on the Public Reading
Room.
Jkt 244001
This final rule applies to facilities that
generate or recycle hazardous secondary
materials (HSM). According to the
revisions to the definition of solid waste
promulgated in 2015, entities
potentially affected by the original rule
include over 5,000 industrial facilities
in 634 industries (at the 6-digit North
American Industry Classification
System (NAICS) code level).1 Most of
these 634 industries have relatively few
entities that are potentially affected. The
top-5 economic sectors (at the 2-digit
NAICS code level) with the largest
number of potentially affected entities
are as follows: (1) 41% in NAICS code
33—the manufacturing sector, which
consists of metals, metal products,
machinery, computer & electronics,
electrical equipment, transportation
equipment, furniture, and
miscellaneous manufacturing
subsectors, (2) 23% in NAICS code 32—
the manufacturing sector, which
consists of wood products, paper,
printing, petroleum & coal products,
chemicals plastics & rubber products,
and nonmetallic mineral products
manufacturing subsectors, (3) 3.0% in
NAICS code 92—the public
administration sector, (4) 2.9% in
NAICS code 61—the educational
services sector, and (5) 2.8% in NAICS
code 54—the professional, scientific and
technical services sector.
1 80
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B. Why is EPA issuing a final rule?
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B),
provides that, when an agency for good
cause finds that notice and public
procedures are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for revising these provisions without
prior proposal and opportunity for
comment, because these revisions
simply undertake the ministerial task of
implementing court orders vacating
these rules and reinstating the prior
versions. As a matter of law, the orders
issued by the United States Court of
Appeals for the District of Columbia
Circuit on July 7, 2017 and amended on
March 6, 2018, (1) vacated the 2015
verified recycler exclusion for
hazardous waste that is recycled off-site
(except for certain provisions); (2)
reinstated the transfer-based exclusion
from the 2008 rule to replace the nowvacated 2015 verified recycler
exclusion; (3) upheld the containment
and emergency preparedness provisions
of the 2015 rule; (4) vacated Factor 4 of
the 2015 definition of legitimate
recycling in its entirety; and (5)
reinstated the 2008 version of Factor 4
to replace the now-vacated 2015 version
of Factor 4.2 It is, therefore, unnecessary
to provide notice and an opportunity for
comment on this action, which merely
carries out the court’s orders.
In addition, EPA finds that it has good
cause to make the revisions immediately
effective under section 553(d) of the
Administrative Procedure Act, 5 U.S.C.
553(d), and section 3010(b) of RCRA, 42
U.S.C. 6930(b). Section 553(d) provides
that final rules shall not become
effective until 30 days after publication
in the Federal Register, ‘‘except . . . as
otherwise provided by the agency for
good cause,’’ among other exceptions.
The purpose of this provision is to ‘‘give
affected parties a reasonable time to
adjust their behavior before the final
rule takes effect.’’ Omnipoint Corp. v.
FCC, 78 F.3d 620, 630 (D.C. Cir. 1996);
see also United States v. Gavrilovic, 551
F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). Thus, in
determining whether good cause exists
to waive the 30-day delay, an agency
should ‘‘balance the necessity for
immediate implementation against
principles of fundamental fairness
which require that all affected persons
be afforded a reasonable amount of time
2 API v. EPA, 862 F.3d 50 (DC Cir. 2017), reh’g
granted, No. 09–1038, 2018 U.S. App. LEXIS 5613
(DC Cir. Mar. 6, 2018).
E:\FR\FM\30MYR1.SGM
30MYR1
]]>Agencies
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24661-24664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10801]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0625, FRL-9978-24--Region 2]
Approval and Promulgation of Air Quality Implementation Plans;
New Jersey; Infrastructure Requirements for the 2008 Lead, 2008 Ozone,
2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, 2011 Carbon Monoxide, 2006
PM10, 2012 PM2.5, 1997 Ozone, and the 1997 and 2006 PM2.5 National
Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of New Jersey's State Implementation Plan (SIP) revision
submittal 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, 2010 sulfur dioxide, 2011 carbon
monoxide, 2006 particulate matter of 10 microns or less
(PM10), and 2012 particulate matter of 2.5 microns or less
(PM2.5) National Ambient Air Quality Standards (NAAQS). The
EPA is also approving three infrastructure requirements of the 1997
ozone and the 1997 and 2006 PM2.5 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.
DATES: This final rule is effective on June 29, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2016-0625. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3892, or by email at [email protected].
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Incororation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
Under sections 110(a)(1) and (2) of the Clean Air Act (CAA), each
state is required to submit a State Implementation Plan (SIP) that
provides for the implementation, maintenance, and enforcement of a
revised primary or secondary National Ambient Air Quality Standards
(NAAQS or standard). CAA sections 110(a)(1) and (2) require each state
to make a new SIP submission within three years after the EPA
promulgates a new or revised NAAQS for approval into the existing
federally-approved SIP to assure that the SIP meets the applicable
requirements for such new and revised NAAQS.
On March 1, 2018 (83 FR 8818), the EPA published a Notice of
Proposed Rulemaking (NPR) in the Federal Register for the State of New
Jersey. The NPR proposed to approve elements of the State of New
Jersey's Infrastructure SIP submission, dated October 17, 2014, and as
supplemented on March 15, 2017, as meeting the CAA section 110(a)
infrastructure requirements for the following NAAQS: 2008 ozone, 2008
lead, 2010 nitrogen dioxide (NO2), 2010 sulfur dioxide
(SO2), 2011 carbon monoxide (CO), 2006 particulate matter of
10 microns or less (PM10), and 2012 particulate matter of
2.5 microns or less (PM2.5). Although not specifically
required by 110(a)(1) since neither NAAQS was new or revised,\1\ the
SIP submission included infrastructure requirements for the 2006
PM10 and 2011 CO NAAQS. As explained in the NPR, the State
has the necessary infrastructure, resources and general authority to
implement the 2008 ozone, 2008 lead, 2010 NO2, 2010
SO2, 2011 CO, 2006 PM10, and 2012
PM2.5 NAAQS, except where specifically noted.
---------------------------------------------------------------------------
\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.
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The EPA also proposed to approve three CAA section 110(a)
infrastructure requirements for the 1997 ozone and the 1997 and 2006
PM2.5 NAAQS that were conditionally approved by the EPA on
June 14, 2013 (78 FR 35764). New Jersey's response to the conditional
approval was not submitted to EPA within one year, but was submitted
approximately three months late, and supplemented on March 15, 2017, so
the conditional approval is treated as a disapproval. The EPA also
proposed to approve New Jersey's October 17, 2014 submittal, as
supplemented on March 15, 2017, for the 1997 ozone and the 1997 and
2006 PM2.5 NAAQS.
Other detailed information relevant to this action on New Jersey's
infrastructure SIP submission, the requirements of infrastructure SIPs
and the rationale for the EPA's proposed action are explained in the
NPR and the associated Technical Support Document (TSD) in the docket
and are not restated here.
[[Page 24662]]
II. What comments were received in response to the EPA's proposed
action?
In response to the EPA's March 1, 2018 proposed rulemaking on New
Jersey's infrastructure SIP submission dated October 17, 2014, and as
supplemented on March 15, 2017, the EPA received fifteen comments from
the public during the 30-day public comment period. After reviewing the
comments, the EPA has determined that the comments are outside the
scope of our proposed action or fail to identify any material issue
necessitating a response. None of the comments raise issues germane to
the EPA's proposed action. For this reason, the EPA will not provide a
specific response to the comments. The comments may be viewed under
Docket ID Number EPA-R02-OAR-2016-0625 on the https://www.regulations.gov website.
III. What action is the EPA taking?
The EPA is approving New Jersey's infrastructure submittal dated
October 17, 2014, as supplemented on March 15, 2017, for the 2008
ozone, 2008 lead, 2010 NO2, 2010 SO2, 2011 CO,
2006 PM10, and 2012 PM2.5. NAAQS, respectively,
as meeting the requirements of section 110(a)(2) of the CAA, including
specifically sections 110(a)(2)(A), (B), (C) (with the exception of
program requirements for PSD and the permitting program for minor
sources and minor modifications), (E), (F), (G), (H), (J) (with the
exception of program requirements related to PSD and visibility), (K),
(L), and (M) of the CAA.
The EPA is not taking action on the following elements that are not
germane to infrastructure SIPs: sections 110(a)(2)(C) (sub-element
related to nonattainment permitting); 110(a)(2)(I); and the visibility
requirements of section 110(a)(2)(J). In addition, with respect to 2008
lead, 2010 NO2, 2010 SO2, 2011 CO, 2006
PM10, and 2012 PM2.5 NAAQS, the EPA previously
took action on CAA element 110(a)(2)(D)(i)(II) [prongs 3 and 4] and
will take action on CAA element 110(a)(2)(D)(i)(I) [prongs 1 and 2] at
a later date. As noted in the NPR, New Jersey withdrew the portion of
its October 17, 2014 SIP submission addressing 110(a)(2)(D)(i)(I) with
respect to the 2008 8-hour ozone NAAQS.
Also, with respect to the 1997 ozone and the 1997 and 2006
PM2.5. NAAQS, the EPA is approving that New Jersey has met
the infrastructure SIP requirements pertaining to sections
110(a)(2)(E)(ii) [conflict of interest] and (E)(iii) [oversight of
local governments and local authorities]; and with respect to the 1997
ozone NAAQS, we are approving that New Jersey has met the
infrastructure SIP requirements pertaining to section 110(a)(2)(G)
[emergency powers].
The EPA is deleting the deficiency at 40 CFR 52.1579 because the
deficiency identified is resolved by the approval of CAA section
110(a)(2)(E)(iii) for each of the NAAQS indicated in this action.
In addition, the EPA is incorporating into the New Jersey SIP the
following regulation and statutes:
N.J.S.A. 52:13D-14, 52:13D-16(a)-(b) and 52:13D-21(n) ``New
Jersey's Conflict of Interest Law,'' \2\
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\2\ N.J.S.A. 52:13D-14 (effective January 11, 1972). 52:13D-16
(effective January 11, 1972); most recent amendment to 52:13D-16,
(September 16, 1996). 52:13D-21 (effective January 11, 1972),
subsection 52:13D-21(n) (effective March 15, 2006).
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N.J.A.C 7:27-12, ``Prevention and Control of Air Pollution
Emergencies.'' \3\
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\3\ N.J.A.C 7:27-12 (state effective October 24, 1969 as amended
May 20, 1974).
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IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference the
regulation and statutes identified at the bottom of Section III of this
rule. The EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and at the EPA Region 2
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\4\
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\4\ 62 FR 27968 (May 22, 1997).
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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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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
[[Page 24663]]
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 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 July 30, 2018. 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, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 8, 2018.
Peter D. Lopez,
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. In Sec. 52.1570:
0
a. The table in paragraph (c) is amended by:
0
i. Revising the table heading;
0
ii. Revising the entry for ``Title 7, Chapter 27, Subchapter 12''; and
0
iii. Adding entries for ``N.J.S.A. 52:13D-14,'' ``52:13D-16(a)-(b),''
and ``52:13D-21(n)'' at the end of the table; and
0
b. The table in paragraph (e) is amended by adding an entry for ``NJ
Infrastructure SIP for the 2008 Lead, 2008 Ozone, 2010 Nitrogen
Dioxide, 2010 Sulfur Dioxide, 2011 Carbon Monoxide, 2006
PM10, 2012 PM2.5, 1997 Ozone, and the 1997 and
2006 PM2.5 Standards'' at the end of the table.
The revisions and additions read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Jersey State Regulations and Laws
--------------------------------------------------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 7, Chapter 27, Subchapter 12. Prevention and Control May 20, 1974..................... May 30, 2018, [Insert
of Air Pollution Federal Register
Emergencies. citation].
* * * * * * *
N.J.S.A. 52:13D-14................. New Jersey's Conflict January 11, 1972................. May 30, 2018, [Insert
of Interest Law. Federal Register
citation].
N.J.S.A.52:13D-16(a)-(b)........... New Jersey's Conflict September 16, 1996............... May 30, 2018, [Insert
of Interest Law. Federal Register
citation].
N.J.S.A. 52:13D-21(n).............. New Jersey's Conflict March 15, 2006................... May 30, 2018, [Insert
of Interest Law. Federal Register
citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic or New Jersey submittal
SIP element nonattainment area date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
NJ Infrastructure SIP for the 2008 State-wide....................... October 17, 2014 and May 30, 2018, [Insert
Lead, 2008 Ozone, 2010 Nitrogen supplemented on March Federal Register
Dioxide, 2010 Sulfur Dioxide, 2011 15, 2017. citation].
Carbon Monoxide, 2006 PM10, 2012
PM2.5, 1997 Ozone, and the 1997
and 2006 PM2.5 Standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 52.1579 [Removed and Reserved]
0
3. Section 52.1579 is removed and reserved.
0
4. Section 52.1586 is amended by:
0
a. Revising paragraph (a)(1);
0
b. Removing and reserving paragraph (a)(3); and
0
c. Adding a sentence at the end of paragraph (b)(1).
The revision and addition read as follows:
Sec. 52.1586 Section 110(a)(2) infrastructure requirements.
(a) * * *
(1) Approval. In a February 25, 2008 submittal and supplemented on
January 15, 2010, and in an October 17, 2014 submittal, as supplemented
on March 15, 2017, New Jersey certified that the State has satisfied
the Clean Air Act (CAA) infrastructure requirements of section
110(a)(2) for the 1997 8-hour
[[Page 24664]]
ozone and the 1997 and 2006 PM2.5 NAAQS requirements of CAA
sections 110(a)(2)(A), (B), (C) (enforcement program only), (D)(i)(II)
prong 4 (visibility), (E), (F), (G), (H), (J) (consultation and public
notification only), (K), (L), and (M).
* * * * *
(b) * * *
(1) * * * Submittal from New Jersey dated October 17, 2014, as
supplemented on March 15, 2017, 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 (A), (B), (C)
(enforcement program only), (E), (F), (G), (H), (J) (consultation and
public notification only), (K), (L), and (M).
* * * * *
[FR Doc. 2018-10801 Filed 5-29-18; 8:45 am]
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