Approval and Promulgation of Implementation Plans; New Jersey; Elements for the 2008 8-Hour Ozone National Ambient Air Quality Standards, 50506-50509 [2018-21465]
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations
(1) No person or vessel may enter or
remain in this safety zone without the
permission of the Captain of the Port
(COTP) Northern New England or the
COTP’s designated representative.
However, any vessel that is granted
permission to enter or remain in this
zone by the COTP or the COTP’s
designated representative must proceed
through the zone with caution and
operate at a speed no faster than that
speed necessary to maintain a safe
course, unless otherwise required by the
Navigation Rules.
(2) Any person or vessel permitted to
enter the safety zone shall comply with
the directions and orders of the COTP
or the COTP’s designated representative.
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
lights, or other means, the operator of a
vessel within the zone shall proceed as
directed. Any person or vessel within
the safety zone shall exit the zone when
directed by the COTP or the COTP’s
designated representative.
(3) To obtain permission required by
this regulation, individuals may reach
the COTP or the COTP’s designated
representative via Channel 16 (VHF–
FM) or (207)741–5465 (Sector Northern
New England Command Center).
(e) Penalties. Those who violate this
section are subject to the penalties set
forth in 33 U.S.C. 1232.
(f) Notification. Coast Guard Sector
Northern New England will give notice
through the Local Notice to Mariners
and Broadcast Notice to Mariners for the
purpose of enforcement of temporary
safety zone.
Dated: September 17, 2018.
B.G. LeFebvre,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Northern New England.
[FR Doc. 2018–21867 Filed 10–5–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 36
RIN 2900–AO65
Loan Guaranty: Ability-to-Repay
Standards and Qualified Mortgage
Definition Under the Truth-in-Lending
Act
Department of Veterans Affairs.
Agency determination; status of
interim final rule.
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AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) published an interim final
rule on May 9, 2014, implementing
provisions of the Dodd-Frank Wall
SUMMARY:
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Street Reform and Consumer Protection
Act (the Dodd-Frank Act). This
document informs the public that VA
will not be publishing a final rule to
adopt the provisions in the interim final
rule that published on May 9, 2014.
However, VA will be publishing a
separate regulation in the near future
that will supersede the provisions in the
interim final rule that published on May
9, 2014.
DATES: This document is effective
October 9, 2018.
FOR FURTHER INFORMATION CONTACT: Greg
Nelms, Assistant Director (26), Veterans
Benefits Administration, Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, (202) 632–
8795. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On May 9,
2014, VA published in the Federal
Register (79 FR 26620) its interim final
rule (IFR) pursuant to the Dodd-Frank
Act, Public Law 111–203, 124 Stat. 1376
(2010). Among other things, the DoddFrank Act established many reforms to
Federal oversight of residential
mortgage lending, including a
requirement that lenders be able to
demonstrate that, at the time a mortgage
loan is made to a borrower, the borrower
is reasonably able to repay the mortgage
loan. Public Law 111–203, sec. 1411
(codified at 15 U.S.C. 1639c). Such
mortgage loans are referred to generally
as qualified mortgages (QMs).
VA specified in the IFR that almost all
VA loans meeting VA’s underwriting
standards would be considered safe
harbor QMs. 79 FR 26622–26623. The
loans that would not be considered safe
harbor QMs would be certain Interest
Rate Reduction Refinance Loans
(IRRRLs), specifically those meeting the
requirements for guaranty but failing to
meet IRRRL-specific seasoning and
recoupment requirements for safe
harbor protections. While these types of
IRRRLs could still be deemed QMs, they
would receive the designation of
rebuttable presumption QM rather than
safe harbor QM. 79 FR 26624. VA also
specified income verification
requirements for IRRRLs. Id.
VA received a total of 22 comments
on the IFR. Most of the commenters
were industry participants in the VA
Home Loan program or representatives
of the lending community. A few
individuals also commented. No
comments were received from veterans’
service organizations or veterans
expressing concerns about the use of
their VA home loan benefit. Most
commenters sought clarification of the
IFR. Several commenters were fully
supportive of the rule. VA appreciates
the comments received on the IFR.
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On May 24, 2018, section 309 of
Economic Growth, Regulatory Relief,
and Consumer Protection Act (Pub. L.
115–174) superseded certain elements
of the IFR. The law’s seasoning and
recoupment requirements for IRRRLs
effectively eliminated the category of
rebuttable presumption QM. Section
309 also imposed other requirements
that, while not in conflict with the IFR,
were not contemplated at the time of the
IFR’s publication. Consequently, rather
than finalizing the IFR, VA will need to
revise its qualified mortgage criteria in
a future rulemaking. VA will in its
future rulemaking take into account the
spirit of the comments submitted in
response to the IFR. Until such future
rulemaking is final, the IFR remains in
effect. To the extent any provision of the
IFR conflicts with or is superseded by
Public Law 115–174, Public Law 115–
174 controls.
On May 25, 2018, VA released a
policy guidance update in Circular 26–
18–13 to inform program participants
about the impact of Public Law 115–174
on VA home loan financing. Loan
applications taken on or after May 25,
2018 must meet the requirements of the
new law to be eligible for guaranty by
the VA.
Signing Authority
The Secretary of Veterans Affairs
approved this document and authorized
the undersigned to sign and submit the
document to the Office of the Federal
Register for publication electronically as
an official document of the Department
of Veterans Affairs. Robert L. Wilkie,
Secretary, Department of Veterans
Affairs, approved this document on
September 26, 2018, for publication.
Dated: September 26, 2018.
Jeffrey M. Martin,
Impact Analyst, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2018–21370 Filed 10–4–18; 4:15 pm]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2018–0549, FRL–9984–58–
Region 2]
Approval and Promulgation of
Implementation Plans; New Jersey;
Elements for the 2008 8-Hour Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
AGENCY:
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations
ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving several State
Implementation Plan (SIP) revisions
submitted by the State of New Jersey for
purposes of implementing Reasonably
Available Control Technology (RACT)
for the 2008 8-hour ozone National
Ambient Air Quality Standard
(NAAQS). The EPA is approving New
Jersey’s SIP revision for the control and
prohibition of air pollution by volatile
organic compounds (VOCs) and control
and prohibition of air pollution by
oxides of nitrogen (NOX), as they are
intended to satisfy certain control
technique guideline (CTG) and NOX
RACT categories. The EPA is approving
New Jersey’s certification that there are
no sources within the State for the
following CTGs: Manufacture of
Vegetable Oils; Manufacture of
Pneumatic Rubber Tires; Aerospace
Coatings; Shipbuilding and Ship Repair
Operations; Metal Furniture Coatings;
Large Appliance Coatings; and Auto and
Light Duty Truck Original Equipment
Manufacturer Assembly Coatings. In
addition, the EPA is approving New
Jersey’s RACT SIP as it applies to nonCTG major sources of VOCs and major
sources of NOX. The EPA is also
approving the portions of the
comprehensive SIP revision submitted
by New Jersey that certify that the State
has satisfied the requirements for an
enhanced motor vehicle Inspection and
Maintenance program, certify that the
State has satisfied the requirements for
an emission statement program, certify
that the State has satisfied the
requirements for an ozone specific
provisions nonattainment new source
review program, and show the State has
adopted all NOX RACT and VOC RACT,
as it pertains to the 2008 8-hour ozone
NAAQS. These actions are being taken
in accordance with the requirements of
the Clean Air Act.
SUMMARY:
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Omar Hammad, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3347, or by email at
Hammad.Omar@epa.gov.
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. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. What is the background for this
action?
On July 31, 2018 (83 FR 36816), the
EPA published a Notice of Proposed
Rulemaking that proposed to approve
the State of New Jersey’s State
Implementation Plan (SIP) submittals,1
for purposes of implementing
Reasonably Available Control
Technology (RACT) 2 for the 2008
8-hour ozone National Ambient Air
Quality Standard (NAAQS or standard).
The EPA proposed to approve New
Jersey’s June 11, 2015 SIP submittal,
showing that the State meets the RACT
requirements for the 2008 8-hour ozone
standards. The EPA proposed to
approve New Jersey’s June 11, 2015
RACT SIP as it applies to non-CTG
major sources of VOCs and to major
sources of NOX. The EPA also proposed
to approve the December 14, 2017
submittal, which established new limits
on NOX emissions from existing simple
cycle combustion turbines combusting
natural gas and compressing gaseous
fuel at major NOX facilities and
stationary reciprocating engines
combusting natural gas and compressing
gaseous fuel at major NOX facilities and
indicated that the RACT requirements
for the 2008 ozone NAAQS have been
DATES: This final rule is effective on
fulfilled for sources subject to the
November 8, 2018.
following four CTGs: Industrial
Cleaning Solvents (EPA 453/R–06–001);
ADDRESSES: The EPA has established a
Paper, Film, and Foil Coatings (EPA
docket for this action under Docket ID
Number EPA–R02–OAR–2018–0549. All 453/R–07–003); Miscellaneous Metal
and Plastic Parts Coatings (EPA 453/R–
documents in the docket are listed on
08–003); and Fiberglass Boat
the https://www.regulations.gov
Manufacturing Materials (EPA–453/R–
website. Although listed in the index,
08–004). The EPA also proposed to
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
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1 New Jersey’s SIP submittals included;
submittals with cover letters dated June 11, 2015;
November 30, 2017; and December 22, 2017.
2 The EPA has defined RACT as the lowest
emission limitation that a particular source is
capable of meeting by the application of control
technology that is reasonably available considering
technological and economic feasibility (44 FR
53762, September 17, 1979).
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approve the portion of New Jersey’s SIP
revision submitted on January 2, 2018,
that certifies the State has satisfied the
requirements for a motor vehicle
enhanced inspection and maintenance
(I/M) program, an emission statement
program, an ozone specific provisions
nonattainment new source review
(NNSR) program, and that the State has
adopted all applicable NOX RACT and
VOC RACT.
The specific details of New Jersey’s
SIP submittals and the rationale for the
EPA’s approval action are explained in
the EPA’s proposed rulemaking and are
not restated in this final action. For this
detailed information, the reader is
referred to the EPA’s July 31, 2018
proposed rulemaking (83 FR 36816).
II. What comments were received in
response to the EPA’s proposed action?
In response to the EPA’s July 31, 2018
proposed rulemaking on New Jersey’s
SIP submittals, the EPA received four
comments during the 30-day public
comment period. The specific
comments may be viewed under Docket
ID Number EPA–R02–OAR–2018–0549
on the https://www.regulations.gov
website.
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. The comments
do not raise issues germane to EPA’s
proposed action. They do not explain
(or provide a legal basis for) how the
proposed action should differ in any
way and make no specific mention of
the proposed action. Since the
comments are not relevant to the
specific action EPA proposed, EPA will
not provide a specific response to the
comments.
III. What action is the EPA taking?
The EPA has evaluated New Jersey’s
SIP submittals and has determined that
they are consistent with the EPA’s
guidance documents as well as the
EPA’s CTG and Alternative Control
Technique (ACT) documents and are
fully approvable as SIP-strengthening
measures for New Jersey’s ozone SIP.
Specifically, EPA is approving New
Jersey’s state-wide RACT submittal
dated June 11, 2015 and the State’s
December 14, 2017 SIP revision rule,
which include a declaration that the
following source-specific categories
either do not exist in this State, or fall
below significant emission unit
applicability thresholds in the CTGs: (1)
Manufacture of Vegetable Oils; (2)
Manufacture of Pneumatic Rubber Tires;
(3) Aerospace Coatings; (4) Shipbuilding
and Ship Repair Operations; (5) Metal
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Furniture Coatings; (6) Large Appliance
Coatings; and (7) Auto and Light Duty
Truck Original Equipment Manufacturer
(OEM) Assembly Coatings. The
submittals also include amendments to
N.J.A.C. 7:27, Subchapter 16, ‘‘Control
and Prohibition of Air Pollution by
Volatile Organic Compounds,’’
Subchapter 19, ‘‘Control and Prohibition
of Air Pollution by Oxides of
Nitrogen,’’ 3 for purposes of satisfying
the 2008 8-hour ozone standard RACT
requirements, NOx RACT for major
sources, Non-CTG VOC RACT for major
sources, all VOC CTG RACT sources
and relevant OTR RACT requirements.
The EPA is also approving portions of
New Jersey’s January 2, 2018 SIP
revision 4 that certifies the State has
satisfied the requirements for an
enhanced motor vehicle I/M program,
an emission statement program, and
ozone specific provisions NNSR
program.
IV. Incorporation by Reference
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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 revisions to portions of
Title 7, Chapter 27: Subchapter 16 and
19 of the New Jersey Administrative
Code that implement New Jersey’s
Control and Prohibition of Air Pollution
by Volatile Organic Compounds and
Control and Prohibition of Air Pollution
from Oxides of Nitrogen, as described in
section III of this preamble.
EPA has made, and will continue to
make, these materials 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.5
3 State Effective dates for both rules is November
6, 2017 (49 N.J.R. 3518).
4 The EPA will act on the remainder of New
Jersey’s January 2, 2018 SIP revision submittal,
including the attainment demonstrations,
Reasonable Further Progress (RFP) requirements
and other portions at a later date.
5 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
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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 December 10,
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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 11, 2018.
Peter D. Lopez,
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
1. The authority citation for part 52
continues to read as follows:
■
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Authority: 42 U.S.C. 7401 et seq.
b. The table in paragraph (e) is
amended by adding the entries for
‘‘2008 8-hour Ozone RACT analysis’’,
‘‘2008 8-hour Ozone Nonattainment
New Source Review Requirements’’,
‘‘2008 8-hour Ozone Nonattainment
Emission Statement Program
Certification’’ and ‘‘2008 8-hour Ozone
Nonattainment Motor Vehicle Enhanced
■
Subpart FF—New Jersey
2. In § 52.1570:
a. The table in paragraph (c) is
amended by revising the entries for
‘‘Title 7, Chapter 27, Subchapter 16’’
and ‘‘Title 7, Chapter 27, Subchapter
19’’; and
■
■
Inspection and Maintenance (I/M)
Program Certification’’ at the end of the
table.
The revisions and additions read as
follows:
§ 52.1570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW JERSEY STATE REGULATIONS AND LAWS
State
citation
State effective
date
Title/subject
EPA approval
date
Comments
*
Title 7, Chapter 27,
Subchapter 16.
*
Control and Prohibition of Air Pollution
by Volatile Organic
Compounds.
*
*
*
November 6, 2017 .. October 9, 2018, Insert Federal Register citation].
*
Title 7, Chapter 27,
Subchapter 19.
*
Control and Prohibition of Air Pollution
from Oxides of Nitrogen.
*
*
*
November 6, 2017 .. October 9, 2018, Insert Federal Register citation].
*
*
*
*
*
*
*
*
*
*
*
*
*
Subchapter 19 is approved into the SIP except for the following provisions: (1)
Phased
compliance
plan
through
repowering in Section 19.21 that allows for
implementation beyond May 1, 1999; and
(2) phased compliance plan through the
use of innovative control technology in
Section 19.23 that allows for implementation beyond May 1, 1999.
*
*
*
(e) * * *
EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS
SIP element
Applicable
geographic or
nonattainment
area
*
*
2008 8-hour Ozone RACT Analysis ...
*
Statewide ..........
*
June 11, 2015 and
January 2, 2018.
2008 8-hour Ozone Specific Nonattainment New Source Review Requirements.
2008 8-hour Ozone Nonattainment
Emission Statement Program Certification.
2008 8-hour Ozone Nonattainment
Motor Vehicle Enhanced Inspection
and Maintenance (I/M) Program
Certification.
Statewide ..........
January 2, 2018 ......
Statewide ..........
January 2, 2018 ......
Statewide ..........
January 2, 2018 ......
New Jersey
submittal date
EPA approval
date
*
October 9, 2018, Insert Federal Register citation].
October 9, 2018, Insert Federal Register citation].
October 9, 2018, Insert Federal Register citation].
October 9, 2018, Insert Federal Register citation].
Explanation
*
*
• Full approval. Includes CTGs, NOX
RACT for major sources and nonCTG RACT sources.
• Full approval.
• Full approval.
• Full approval.
[FR Doc. 2018–21465 Filed 10–5–18; 8:45 am]
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]]>Agencies
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Rules and Regulations]
[Pages 50506-50509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21465]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2018-0549, FRL-9984-58-Region 2]
Approval and Promulgation of Implementation Plans; New Jersey;
Elements for the 2008 8-Hour Ozone National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
[[Page 50507]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving several
State Implementation Plan (SIP) revisions submitted by the State of New
Jersey for purposes of implementing Reasonably Available Control
Technology (RACT) for the 2008 8-hour ozone National Ambient Air
Quality Standard (NAAQS). The EPA is approving New Jersey's SIP
revision for the control and prohibition of air pollution by volatile
organic compounds (VOCs) and control and prohibition of air pollution
by oxides of nitrogen (NOX), as they are intended to satisfy
certain control technique guideline (CTG) and NOX RACT
categories. The EPA is approving New Jersey's certification that there
are no sources within the State for the following CTGs: Manufacture of
Vegetable Oils; Manufacture of Pneumatic Rubber Tires; Aerospace
Coatings; Shipbuilding and Ship Repair Operations; Metal Furniture
Coatings; Large Appliance Coatings; and Auto and Light Duty Truck
Original Equipment Manufacturer Assembly Coatings. In addition, the EPA
is approving New Jersey's RACT SIP as it applies to non-CTG major
sources of VOCs and major sources of NOX. The EPA is also
approving the portions of the comprehensive SIP revision submitted by
New Jersey that certify that the State has satisfied the requirements
for an enhanced motor vehicle Inspection and Maintenance program,
certify that the State has satisfied the requirements for an emission
statement program, certify that the State has satisfied the
requirements for an ozone specific provisions nonattainment new source
review program, and show the State has adopted all NOX RACT
and VOC RACT, as it pertains to the 2008 8-hour ozone NAAQS. These
actions are being taken in accordance with the requirements of the
Clean Air Act.
DATES: This final rule is effective on November 8, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2018-0549. 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: Omar Hammad, Environmental Protection
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347,
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. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On July 31, 2018 (83 FR 36816), the EPA published a Notice of
Proposed Rulemaking that proposed to approve the State of New Jersey's
State Implementation Plan (SIP) submittals,\1\ for purposes of
implementing Reasonably Available Control Technology (RACT) \2\ for the
2008 8-hour ozone National Ambient Air Quality Standard (NAAQS or
standard). The EPA proposed to approve New Jersey's June 11, 2015 SIP
submittal, showing that the State meets the RACT requirements for the
2008 8-hour ozone standards. The EPA proposed to approve New Jersey's
June 11, 2015 RACT SIP as it applies to non-CTG major sources of VOCs
and to major sources of NOX. The EPA also proposed to
approve the December 14, 2017 submittal, which established new limits
on NOX emissions from existing simple cycle combustion
turbines combusting natural gas and compressing gaseous fuel at major
NOX facilities and stationary reciprocating engines
combusting natural gas and compressing gaseous fuel at major
NOX facilities and indicated that the RACT requirements for
the 2008 ozone NAAQS have been fulfilled for sources subject to the
following four CTGs: Industrial Cleaning Solvents (EPA 453/R-06-001);
Paper, Film, and Foil Coatings (EPA 453/R-07-003); Miscellaneous Metal
and Plastic Parts Coatings (EPA 453/R-08-003); and Fiberglass Boat
Manufacturing Materials (EPA-453/R-08-004). The EPA also proposed to
approve the portion of New Jersey's SIP revision submitted on January
2, 2018, that certifies the State has satisfied the requirements for a
motor vehicle enhanced inspection and maintenance (I/M) program, an
emission statement program, an ozone specific provisions nonattainment
new source review (NNSR) program, and that the State has adopted all
applicable NOX RACT and VOC RACT.
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\1\ New Jersey's SIP submittals included; submittals with cover
letters dated June 11, 2015; November 30, 2017; and December 22,
2017.
\2\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
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The specific details of New Jersey's SIP submittals and the
rationale for the EPA's approval action are explained in the EPA's
proposed rulemaking and are not restated in this final action. For this
detailed information, the reader is referred to the EPA's July 31, 2018
proposed rulemaking (83 FR 36816).
II. What comments were received in response to the EPA's proposed
action?
In response to the EPA's July 31, 2018 proposed rulemaking on New
Jersey's SIP submittals, the EPA received four comments during the 30-
day public comment period. The specific comments may be viewed under
Docket ID Number EPA-R02-OAR-2018-0549 on the https://www.regulations.gov website.
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. The comments do not raise
issues germane to EPA's proposed action. They do not explain (or
provide a legal basis for) how the proposed action should differ in any
way and make no specific mention of the proposed action. Since the
comments are not relevant to the specific action EPA proposed, EPA will
not provide a specific response to the comments.
III. What action is the EPA taking?
The EPA has evaluated New Jersey's SIP submittals and has
determined that they are consistent with the EPA's guidance documents
as well as the EPA's CTG and Alternative Control Technique (ACT)
documents and are fully approvable as SIP-strengthening measures for
New Jersey's ozone SIP. Specifically, EPA is approving New Jersey's
state-wide RACT submittal dated June 11, 2015 and the State's December
14, 2017 SIP revision rule, which include a declaration that the
following source-specific categories either do not exist in this State,
or fall below significant emission unit applicability thresholds in the
CTGs: (1) Manufacture of Vegetable Oils; (2) Manufacture of Pneumatic
Rubber Tires; (3) Aerospace Coatings; (4) Shipbuilding and Ship Repair
Operations; (5) Metal
[[Page 50508]]
Furniture Coatings; (6) Large Appliance Coatings; and (7) Auto and
Light Duty Truck Original Equipment Manufacturer (OEM) Assembly
Coatings. The submittals also include amendments to N.J.A.C. 7:27,
Subchapter 16, ``Control and Prohibition of Air Pollution by Volatile
Organic Compounds,'' Subchapter 19, ``Control and Prohibition of Air
Pollution by Oxides of Nitrogen,'' \3\ for purposes of satisfying the
2008 8-hour ozone standard RACT requirements, NOx RACT for major
sources, Non-CTG VOC RACT for major sources, all VOC CTG RACT sources
and relevant OTR RACT requirements. The EPA is also approving portions
of New Jersey's January 2, 2018 SIP revision \4\ that certifies the
State has satisfied the requirements for an enhanced motor vehicle I/M
program, an emission statement program, and ozone specific provisions
NNSR program.
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\3\ State Effective dates for both rules is November 6, 2017 (49
N.J.R. 3518).
\4\ The EPA will act on the remainder of New Jersey's January 2,
2018 SIP revision submittal, including the attainment
demonstrations, Reasonable Further Progress (RFP) requirements and
other portions at a later date.
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IV. 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 revisions to
portions of Title 7, Chapter 27: Subchapter 16 and 19 of the New Jersey
Administrative Code that implement New Jersey's Control and Prohibition
of Air Pollution by Volatile Organic Compounds and Control and
Prohibition of Air Pollution from Oxides of Nitrogen, as described in
section III of this preamble.
EPA has made, and will continue to make, these materials 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.\5\
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\5\ 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 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 December 10, 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 11, 2018.
Peter D. Lopez,
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:
[[Page 50509]]
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 revising the entries for
``Title 7, Chapter 27, Subchapter 16'' and ``Title 7, Chapter 27,
Subchapter 19''; and
0
b. The table in paragraph (e) is amended by adding the entries for
``2008 8-hour Ozone RACT analysis'', ``2008 8-hour Ozone Nonattainment
New Source Review Requirements'', ``2008 8-hour Ozone Nonattainment
Emission Statement Program Certification'' and ``2008 8-hour Ozone
Nonattainment Motor Vehicle Enhanced Inspection and Maintenance (I/M)
Program Certification'' 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
----------------------------------------------------------------------------------------------------------------
EPA approval
State citation Title/subject State effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 7, Chapter 27, Control and November 6, 2017......... October 9, ....................
Subchapter 16. Prohibition of 2018, Insert
Air Pollution Federal
by Volatile Register
Organic citation].
Compounds.
* * * * * * *
Title 7, Chapter 27, Control and November 6, 2017......... October 9, Subchapter 19 is
Subchapter 19. Prohibition of 2018, Insert approved into the
Air Pollution Federal SIP except for the
from Oxides of Register following
Nitrogen. citation]. provisions: (1)
Phased compliance
plan through
repowering in
Section 19.21 that
allows for
implementation
beyond May 1, 1999;
and (2) phased
compliance plan
through the use of
innovative control
technology in
Section 19.23 that
allows for
implementation
beyond May 1, 1999.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
SIP element geographic or New Jersey submittal date EPA approval Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 8-hour Ozone RACT Statewide........... June 11, 2015 and January October 9, Full
Analysis. 2, 2018. 2018, Insert approval.
Federal Includes CTGs,
Register NOX RACT for
citation]. major sources
and non-CTG
RACT sources.
2008 8-hour Ozone Specific Statewide........... January 2, 2018.......... October 9, Full
Nonattainment New Source 2018, Insert approval.
Review Requirements. Federal
Register
citation].
2008 8-hour Ozone Statewide........... January 2, 2018.......... October 9, Full
Nonattainment Emission 2018, Insert approval.
Statement Program Federal
Certification. Register
citation].
2008 8-hour Ozone Statewide........... January 2, 2018.......... October 9, Full
Nonattainment Motor Vehicle 2018, Insert approval.
Enhanced Inspection and Federal
Maintenance (I/M) Program Register
Certification. citation].
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[FR Doc. 2018-21465 Filed 10-5-18; 8:45 am]
BILLING CODE 6560-50-P
