Approval of Air Quality Implementation Plans; New Jersey; Infrastructure Requirements for the 2012 PM2.5, 40151-40153 [2018-17361]
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Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations
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Dated: August 9, 2018.
Frank T. Brogan,
Assistant Secretary for Elementary and
Secondary Education.
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 concerning interstate
transport provisions.
DATES: This final rule is effective on
September 13, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2018–0237. 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:
Kenneth Fradkin, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3702, or by email at
fradkin.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION section is
arranged as follows:
[FR Doc. 2018–17470 Filed 8–13–18; 8:45 am]
Table of Contents
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
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. Statutory and Executive Order Reviews
40 CFR Part 52
I. What is the background for this
action?
[EPA–R02–OAR–2018–0237; FRL–9981–
83—Region 2]
Approval of Air Quality Implementation
Plans; New Jersey; Infrastructure
Requirements for the 2012 PM2.5
NAAQS; Interstate Transport
Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
the State Implementation Plan (SIP)
submission from New Jersey regarding
the infrastructure requirements of
section 110 of the Clean Air Act (CAA)
for the 2012 annual fine particulate
matter (PM2.5) National Ambient Air
Quality Standard (NAAQS or standard).
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SUMMARY:
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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 federallyapproved SIP to assure that the SIP
meets the applicable requirements for
such new and revised NAAQS.
On May 21, 2018 (83 FR 23402), 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
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40151
the State of New Jersey’s Infrastructure
SIP submission, dated October 17, 2014,
which were submitted to address 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). Specifically,
EPA proposed in the May 21, 2018
action to approve the portion of the
submission addressing the interstate
transport provisions for the 2012 PM2.5
NAAQS under CAA section
110(a)(2)(D)(i)(I), otherwise known as
the ‘‘good neighbor’’ provision.
Other detailed information relevant to
this action on New Jersey’s
infrastructure SIP submission, including
infrastructure requirements concerning
interstate transport provisions, and the
rationale for EPA’s proposed action are
explained in the NPR and the associated
Technical Support Document (TSD) in
the docket and are not restated here.
II. What comments were received in
response to the EPA’s proposed action?
In response to the EPA’s May 21, 2018
proposed rulemaking to approve the
portion of the New Jersey’s
infrastructure SIP submission, dated
October 17, 2014, addressing the
interstate transport provisions for the
2012 PM2.5 NAAQS, EPA received two
comments from the public during the
30-day public comment period. After
reviewing the comments, 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–2018–0237
on the https://www.regulations.gov
website.
III. What action is EPA taking?
EPA is approving the portion of New
Jersey’s October 17, 2014 infrastructure
SIP submission addressing the interstate
transport provisions for the 2012 PM2.5
NAAQS under CAA section
110(a)(2)(D)(i)(I).
EPA will address the requirements of
CAA sections 110(a)(2)(D)(i)(I) for the
2008 lead, 2010 NO2, 2010 SO2, 2011
CO, and the 2006 PM10 NAAQS in a
separate action 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)
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Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations
with respect to the 2008 8-hour ozone
NAAQS.
EPA addressed interstate transport
provisions concerning the Prevention of
Significant Deterioration (PSD)
regulations and visibility protection
(i.e., section 110(a)(2)(D)(i)(II)) for 2012
PM2.5, 2008 ozone, 2008 lead, 2010 NO2,
2010 SO2, 2011 CO, and the 2006 PM10
NAAQS) on September 19, 2016.1
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive 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
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 October 15, 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,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 25, 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:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. In § 52.1570, the table in paragraph
(e) is amended by adding the entry ‘‘NJ
Infrastructure SIP for the 2012 PM2.5
NAAQS; Interstate Transport
Provisions’’ 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
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SIP element
*
NJ Infrastructure SIP for
the 2012 PM2.5 NAAQS;
Interstate Transport Provisions.
1 81
Applicable
geographic or
nonattainment area
New Jersey
submittal date
EPA approval date
*
*
*
*
State-wide ............. October 17, 2014 .. August 14, 2018, [insert
Federal Register citation].
Explanation
*
*
This action addresses the following CAA
elements: 110(a)(2)(D)(i)(I) prongs 1
and 2.
FR 64070 (September 19, 2016).
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Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations
■ 3. In § 52.1586, paragraph (b)(1) is
amended by adding a sentence at the
end of the paragraph to read as follows:
§ 52.1586 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(b) * * *
(1) * * * Submittal from New Jersey
dated October 17, 2014 to address the
CAA infrastructure requirements of
section 110(a)(2) for the 2012 PM2.5 is
approved for (D)(i)(I).
*
*
*
*
*
[FR Doc. 2018–17361 Filed 8–13–18; 8:45 am]
New York State Department of
Environmental Conservation for the
2008 NAAQS for ozone are adequate for
transportation conformity purposes for
the New York portions of the New YorkNorthern New Jersey-Long Island, NYNJ-CT 8-hour ozone nonattainment area.
In this document, EPA erroneously
listed the 2017 MVEB units as tons per
year. The actual 2017 MVEB units are
tons per day. Therefore, the table is
being corrected to list the correct units.
Correction
In the notification of adequacy
published in the Federal Register on
June 8, 2018 (83 FR 26597), on page
26598, in the second column, the table:
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
TABLE 1—2017 MOTOR VEHICLE
EMISSIONS BUDGETS FOR NYMTC
40 CFR Part 52
[Tons per year]
[Docket No. EPA–R02–OAR–2018–0197;
FRL–9981–63—Region 2]
Year
Adequacy Status of Motor Vehicle
Emissions Budgets for the New York
Portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT, 2008 8Hour Ozone Nonattainment Area;
Correction
Environmental Protection
Agency (EPA).
ACTION: Notification of adequacy;
correction.
VOC
NOX
2017 ..................
65.69
117.21
is corrected to read:
TABLE 1—2017 MOTOR VEHICLE
EMISSIONS BUDGETS FOR NYMTC
AGENCY:
[Tons per day]
Year
NOX
2017 ..................
This document corrects an
error in the table posted in the June 8,
2018, notification of adequacy of the
motor vehicle emission budgets (MVEB)
for the New York portions of the New
York-Northern New Jersey-Long Island,
NY-NJ-CT 8-hour ozone nonattainment
area. The MVEBs were submitted by
New York State Department of
Environmental Conservation as part of
the SIP revision for the area’s 2008 8hour ozone nonattainment area. The
MVEB budget table in the original post
listed incorrect units for the actual
MVEBs. The Environmental Protection
Agency (EPA), therefore, is correcting
the table to show the correct units.
DATES: This correction is effective on
August 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Hannah Greenberg, Environmental
Protection Agency Region 2, Air
Programs Branch, 290 Broadway, 25th
Floor, New York, New York 10007–
1866; (212) 637–3829,
greenberg.hannah@epa.gov.
SUPPLEMENTARY INFORMATION: EPA
published a notification of adequacy on
June 8, 2018, (83 FR 26597) which
found that the 2017 MVEBs for volatile
organic compounds (VOCs) and
nitrogen oxides (NOX) submitted by the
VOC
65.69
117.21
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SUMMARY:
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Authority: 42 U.S.C. 7401–7671 q.
Dated: July 20, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018–17369 Filed 8–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R02–OAR–2018–0712; FRL–9981–
99—Region 2]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; United States Virgin
Islands; Commercial and Industrial
Solid Waste Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a Clean Air
Act (CAA) section 111(d)/129 negative
declaration for the United States Virgin
Islands, for Commercial and industrial
solid waste incineration (CISWI) units.
SUMMARY:
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40153
This negative declaration certifies that
CISWI units subject to sections 111(d)
and 129 of the CAA do not exist within
the jurisdiction of the United States
Virgin Islands. The EPA is accepting the
negative declaration in accordance with
the requirements of the CAA.
DATES: This final rule is effective on
September 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Edward J. Linky, Environmental
Protection Agency, Air Programs
Branch, 290 Broadway, New York, New
York 10007–1866 at 212–637–3764 or
by email at Linky.Edward@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA. This section
provides additional information by
addressing the following:
I. Background
II. What comments were received in response
to the EPA’s proposed rule?
III. What action is EPA taking today?
IV. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA) requires that
state 1 regulatory agencies implement
the emission guidelines and compliance
times using a state plan developed
under sections 111(d) and 129 of the
CAA.
The general provisions for the
submittal and approval of state plans are
codified in 40 CFR part 60, subpart B
and 40 CFR part 62, subpart A. Section
111(d) establishes general requirements
and procedures on state plan submittals
for the control of designated pollutants.
Section 129 requires emission
guidelines to be promulgated for all
categories of solid waste incineration
units, including commercial and
industrial solid waste incineration
(CISWI) units. A CISWI unit is defined,
in general, as ‘‘any distinct operating
unit of any commercial or industrial
facility that combusts, or has combusted
in the preceding 6 months, any solid
waste as that term is defined at 40 CFR
241.’’ See 40 CFR 60.2875. Section 129
mandates that all plan requirements be
at least as protective as the promulgated
emission guidelines. This includes fixed
final compliance dates, fixed
compliance schedules, and Title V
permitting requirements for all affected
sources. Section 129 also requires that
state plans be submitted to EPA within
one year after EPA’s promulgation of the
emission guidelines and compliance
times.
States have options other than
submitting a state plan in order to fulfill
1 Section 302(d) of the CAA includes the United
States Virgin Islands in the definition of the term
‘‘State.’’
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]]>Agencies
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Rules and Regulations]
[Pages 40151-40153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17361]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2018-0237; FRL-9981-83--Region 2]
Approval of Air Quality Implementation Plans; New Jersey;
Infrastructure Requirements for the 2012 PM2.5 NAAQS; Interstate
Transport Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of the State Implementation Plan (SIP) submission from New
Jersey regarding the infrastructure requirements of section 110 of the
Clean Air Act (CAA) for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS or
standard). 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
concerning interstate transport provisions.
DATES: This final rule is effective on September 13, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2018-0237. 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: Kenneth Fradkin, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3702, 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. 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 May 21, 2018 (83 FR 23402), 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, which were
submitted to address 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). Specifically, EPA proposed in the May 21, 2018
action to approve the portion of the submission addressing the
interstate transport provisions for the 2012 PM2.5 NAAQS
under CAA section 110(a)(2)(D)(i)(I), otherwise known as the ``good
neighbor'' provision.
Other detailed information relevant to this action on New Jersey's
infrastructure SIP submission, including infrastructure requirements
concerning interstate transport provisions, and the rationale for EPA's
proposed action are explained in the NPR and the associated Technical
Support Document (TSD) in the docket and are not restated here.
II. What comments were received in response to the EPA's proposed
action?
In response to the EPA's May 21, 2018 proposed rulemaking to
approve the portion of the New Jersey's infrastructure SIP submission,
dated October 17, 2014, addressing the interstate transport provisions
for the 2012 PM2.5 NAAQS, EPA received two comments from the
public during the 30-day public comment period. After reviewing the
comments, 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-2018-0237 on the https://www.regulations.gov website.
III. What action is EPA taking?
EPA is approving the portion of New Jersey's October 17, 2014
infrastructure SIP submission addressing the interstate transport
provisions for the 2012 PM2.5 NAAQS under CAA section
110(a)(2)(D)(i)(I).
EPA will address the requirements of CAA sections
110(a)(2)(D)(i)(I) for the 2008 lead, 2010 NO2, 2010
SO2, 2011 CO, and the 2006 PM10 NAAQS in a
separate action 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)
[[Page 40152]]
with respect to the 2008 8-hour ozone NAAQS.
EPA addressed interstate transport provisions concerning the
Prevention of Significant Deterioration (PSD) regulations and
visibility protection (i.e., section 110(a)(2)(D)(i)(II)) for 2012
PM2.5, 2008 ozone, 2008 lead, 2010 NO2, 2010
SO2, 2011 CO, and the 2006 PM10 NAAQS) on
September 19, 2016.\1\
---------------------------------------------------------------------------
\1\ 81 FR 64070 (September 19, 2016).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 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 October 15, 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, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 25, 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, the table in paragraph (e) is amended by adding
the entry ``NJ Infrastructure SIP for the 2012 PM2.5 NAAQS;
Interstate Transport Provisions'' 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
NJ Infrastructure SIP for the 2012 State-wide..................... October 17, 2014............... August 14, 2018, This action addresses
PM2.5 NAAQS; Interstate Transport [insert Federal the following CAA
Provisions. Register citation]. elements:
110(a)(2)(D)(i)(I)
prongs 1 and 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 40153]]
0
3. In Sec. 52.1586, paragraph (b)(1) is amended by adding a sentence
at the end of the paragraph to read as follows:
Sec. 52.1586 Section 110(a)(2) infrastructure requirements.
* * * * *
(b) * * *
(1) * * * Submittal from New Jersey dated October 17, 2014 to
address the CAA infrastructure requirements of section 110(a)(2) for
the 2012 PM2.5 is approved for (D)(i)(I).
* * * * *
[FR Doc. 2018-17361 Filed 8-13-18; 8:45 am]
BILLING CODE 6560-50-P
