Approval of Air Quality Implementation Plans; New Jersey; Gasoline Vapor Recovery Requirements, 36748-36752 [2020-11712]
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Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Rules and Regulations
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PART 772—[AMENDED]
3. The authority citation for part 772
is revised to read as follows:
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Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.
4. Section 772.1 is amended by adding
the definitions of ‘‘Standard’’ and
‘‘Standards organization’’ in
alphabetical order to read as follows:
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§ 772.1 Definitions of Terms As Used In
the Export Administration Regulations
(EAR).
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Standard. This term is equivalent to
‘‘standard’’ or ‘‘technical standard’’ as
defined in Office of Management and
Budget Circular A–119 (Rev. 2016) (81
FR 4673 (Jan. 27, 2016)), ‘‘Federal
Participation in the Development and
Use of Voluntary Consensus Standards
and in Conformity Assessment
Activities’’ section 2.a, available at
https://www.nist.gov/system/files/
revised_circular_a-119_as_of_01-222016.pdf.
Standards organization. This term is
equivalent to ‘‘voluntary consensus
standards body,’’ as defined in Office of
Management and Budget Circular A–119
(Rev. 2016) (81 FR 4673 (Jan. 27, 2016)),
‘‘Federal Participation in the
Development and Use of Voluntary
Consensus Standards and in Conformity
Assessment Activities’’ section 2.e,
available at https://www.nist.gov/
system/files/revised_circular_a-119_as_
of_01-22-2016.pdf.
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[FR Doc. 2020–13093 Filed 6–16–20; 11:15 am]
BILLING CODE 3510–33–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2019–0399; FRL–10009–
52–Region 2]
Approval of Air Quality Implementation
Plans; New Jersey; Gasoline Vapor
Recovery Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
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Table of Contents
I. Background
II. The EPA’s Evaluation of New Jersey’s
Submittals
III. Comments Received in Response to the
EPA’s Proposed Action
IV. Summary of the EPA Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
SUMMARY:
the New Jersey State Implementation
Plan (SIP) for the ozone National
Ambient Air Quality Standards which
includes regulatory amendment
revisions relevant to the New Jersey
Department of Environmental
Protection’s requirements for Stage I and
Stage II vapor recovery systems at
gasoline dispensing facilities. New
Jersey’s comprehensive submittal also
included changes in amendments for its
air permitting program and t-butyl
acetate emission reporting requirements,
however, the EPA will be acting on
these amendments under a separate
action.
DATES: The final rule is effective on July
20, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2019–0399. 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
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:
Linda Longo, Air Programs Branch,
Environmental Protection Agency,
Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007–
1866, (212) 637–3565, or by email at
longo.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The EPA is approving a revision to
the State of New Jersey’s (the State) SIP
for attainment and maintenance of the
ozone National Ambient Air Quality
Standards (NAAQS). On November 26,
2019 (84 FR 65063), the EPA proposed
to approve the State’s November 29,
2017, SIP revision, which consists of
amendments to the New Jersey
Administrative Code (N.J.A.C.) 7:27–
16.3, ‘‘Gasoline Transfer Operations’’
(the Rule). Under these amendments,
certain gasoline dispensing facilities
(GDFs) must make upgrades to Stage I
gasoline vapor controls and
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decommission Stage II gasoline vapor
systems. Under the Rule, Stage I
controls are required for tank breathing
and refueling systems, with some
exceptions for single-point vapor
balance systems and rotatable adapters.
The Rule allows GDFs with Stage I
controls one year to install a California
Air Resources Board-certified Stage I
enhanced vapor recovery pressure/
vacuum relief vent valve and seven
years to comply with the remaining
equipment requirements. The Rule
requires GDFs with existing Stage II
systems that are incompatible with
onboard refueling vapor recovery
(ORVR) systems to be decommissioned
on or before December 23, 2020, with a
demonstration that such removal is
consistent with the Clean Air Act and
the EPA Guidance.
Under Clean Air Act (CAA) section
202(a)(6), Congress provided authority
to the EPA to allow states to remove
(e.g., decommission) Stage II vapor
recovery programs from their SIPs,
through a SIP revision, after the EPA
finds that ORVR systems are in
widespread use throughout the motor
vehicle fleet nationwide. On May 16,
2012, the EPA determined that ORVR
systems are in widespread use
nationwide for control of gasoline
emissions during refueling of vehicles at
GDFs. See 77 FR 28772 (May 16, 2012)
(Widespread Use Rule). On August 7,
2012, EPA issued policy and technical
guidance, Guidance on Removing Stage
II Gasoline Refueling Vapor Recovery
from State Implementation Plans and
Assessing Comparable Measures, to
provide information and tools for states
to use to develop Stage II program
phase-out plans and to address the
separate ‘‘comparable measures’’
requirement in CAA section 184(b)(2)
that applies to states located in the
Ozone Transport Region (OTR), such as
New Jersey (EPA Guidance).1
The Widespread Use Rule allowed,
but did not require, states to discontinue
Stage II vapor recovery programs. States
are free to allow GDFs to continue to use
existing ORVR-compatible Stage II
systems and encouraged to ensure that
facilities maintain the Stage II systems,
including compliance with required
testing, to ensure proper working order.
New Jersey’s Rule implements this
recommendation and requires the
installation of enhanced conventional
dripless nozzles and low permeation
1 EPA. 2012. ‘‘Guidance on Removing Stage II
Gasoline Refueling Vapor Recovery Programs from
State Implementation Plans and Assessing
Comparable Measures,’’ (‘‘EPA Guidance’’). See
https://www3.epa.gov/ttn/naaqs/aqmguide/
collection/cp2/20120807_page_stage2_removal_
guidance.pdf.
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hoses as part of decommissioning or as
maintenance of existing Stage II
systems.
II. The EPA’s Evaluation of New
Jersey’s Submittals
The EPA’s approval is based on the
conclusion that the State’s November
29, 2017, SIP revision conforms with the
EPA Guidance by demonstrating
widespread use of the ORVR-equipped
vehicles in the State’s vehicle fleet and
that the Rule would reduce emissions of
gasoline vapors thereby reducing
emissions of volatile organic
compounds (VOC). The EPA has
determined the following: (1) The State
has demonstrated that decommissioning
Stage II systems would not lead to an
increase in vehicle refueling emissions
and would be consistent with noninterference requirements under CAA
section 110(l); (2) any temporary
emissions increase that may result from
phasing out Stage II controls during the
years 2017 to 2021 would be de minimis
thus, the Rule satisfies the ‘‘comparable
measures’’ requirement under CAA
section 184(b)(2); and (3) the
compliance date for the requirement to
decommission Stage II Systems and
remove the Stage II program from the
SIP is well within the de minimis
crossover period, satisfying the antibacksliding requirements under CAA
section 193. In this case, the State’s
analysis showed that the widespread
use crossover period is the period
between mid-2017 and mid-2021; this
timeframe coincides with the Rule’s
compliance date for decommissioning
Stage II systems of ‘‘on or about
December 23, 2020.’’ For a detailed
explanation and evaluation of the SIP
revision, refer to the proposed
rulemaking. See 84 FR 65063, November
26, 2019.
III. Comments Received in Response to
the EPA’s Proposed Action
In response to the EPA’s November
26, 2019, proposed approval of the
revisions to the New Jersey SIP for the
ozone NAAQS, which consists of
amendments to N.J.A.C. 7:27–16.3,
‘‘Gasoline Transfer Operations,’’ the
EPA received two public comments
from two anonymous commenters
during the 30-day public comment
period. The EPA has evaluated the
comments, as discussed below, and has
determined that New Jersey’s SIP
revision addressing the ozone NAAQS
is consistent with the CAA and,
therefore, the EPA is approving New
Jersey’s SIP revision. Following is a
summary of the comments and the
EPA’s response. The full text of the
comments may also be viewed under
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Docket ID Number EPA–R02–OAR–
2019–0399 on the https://
www.regulations.gov website.
Comment: Although I agree with the
action the EPA is taking here more
should be done to explain why New
Jersey only evaluated five of the 21
counties in the state. If New Jersey were
to evaluate all 21 counties what changes
would occur to the cross-over period?
EPA should evaluate all counties not
just a small sample of the state. This is
especially important because the entire
state of New Jersey is one giant nonattainment area and has been for
decades. Knowing when exactly the
cross-over period happens in the entire
state would maximize the benefits of the
remaining stage II GDFs while allowing
the state to remove the program
responsibly.
Response: The EPA appreciates that
the commenter does not object to the
EPA’s proposed action to approve New
Jersey’s SIP. By approving the current
SIP revision, the EPA concludes that the
State’s use of a representative sample of
five counties (i.e., Essex, Middlesex,
Camden, Ocean, and Salem), instead of
the total twenty-one counties that make
up the State of New Jersey, in its
widespread use analysis is consistent
with the EPA Guidance which did not
specify the quantity of state-wide data
needed to determine widespread use.
The EPA believes the State’s estimate of
the cross-over period (i.e., the time
period over which the benefits of the
Stage II controls are outweighed by its
incompatibility with ORVR systems)
would not meaningfully change if New
Jersey included any additional counties
or all of the State’s 21 counties in the
analysis. For the reasons outlined
below, the State’s selection of the five
counties used in the analysis
sufficiently supports the State’s
proposed revisions to remove Stage II
control requirements from the State
Implementation Plan.
As discussed in the proposed
rulemaking, New Jersey’s selection is
partially based on the results of the
State-administered statewide survey of
GDF in 2014 that found the five
counties to be representative and cover
a wide geographic cross-section of the
State. The New Jersey Department of
Environmental Protection (NJDEP)
analyzed vehicle refueling data ‘‘for the
years 2014 and 2018, for the five
counties, which represent urban and
rural areas of NJ, in both of New Jersey’s
ozone nonattainment areas. The various
vehicle mixes in these counties cover
the range of ORVR-equipped vehicle
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36749
fractions in the New Jersey fleet.’’ 2 The
State deemed the five counties used in
the analysis to cover vehicle use
patterns for restricted and unrestricted
access road types (e.g., express
roadways and side roads) within the
State. They also span rural, suburban,
and urban ozone non-attainment areas;
coastal and inland areas; and the major
directional regions of the State.
The NJDEP found that ‘‘. . . in
Appendix A, the variation in the
crossover dates between the five
counties is only 8–10 months, while the
variation in the crossover dates between
the range of percentage of vacuum assist
throughput is over 3 years. Therefore,
the variation due to differences between
counties is small compared to the
variation due to percentage of gasoline
dispensed via vacuum assist versus
balanced systems. Extension of the
analysis to additional counties would
not increase overall accuracy of the
crossover date estimates because
crossover date accuracy is being driven
by other inputs such as the percentage
of gasoline dispensed via vacuum assist
versus balanced systems.’’ See, footnote
2. EPA is not aware of, and the
commenter did not assert or provide,
any information suggesting that the
State’s selection of the counties used in
the analysis omits any area types or any
significant vehicle use patterns
occurring in New Jersey. Consequently,
the EPA finds that the State’s analysis
is consistent with EPA guidance and is
acceptable.
As stated above, the State’s
widespread use analysis reveals that the
county-specific ORVR system-equipped
vehicle turnover rates (i.e., the rate at
which ORVR system-equipped vehicles
are deployed) have very little influence
on the estimate of the cross-over period
(on the order of 2–4 months in this
analysis).3 On the other hand, the
State’s analysis shows that other factors
of Equation 1 in the EPA Guidance,
which EPA suggests should be used to
derive the cross-over period, have a
much greater effect on the cross-over
period estimate. One such factor is the
difference between the gasoline
throughput attributable to ORVR
vehicles versus that attributable to nonORVR vehicles. The EPA Guidance
recommends that states use either of
two vacuum-assist Stage II in-use
control efficiency (i.e., gasoline
2 Email correspondence from NJDEP dated Jan. 8,
2020, on file with EPA.
3 New Jersey Department of Environmental
Protection, Appendix A Phase II SIP Equations 7–
3–17, Crossover Summary tab.
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throughput) scenarios 4 in the
widespread use analysis. For New
Jersey, depending on the scenario used,
the cross-over period could vary as
much as 39–43 months, a level of
variability that dwarfs the influence of
any variability due to the countyspecific ORVR turnover rate (in this
case, 2–4 months). Despite the influence
of in-use control efficiency on the
calculation of the cross-over period, the
State’s ability to derive this information
is limited. As long as such high
uncertainty remains for this factor, and
other factors that contribute more to the
cross-over estimate, adding more
counties to the vehicle turnover analysis
would not be insightful. Indeed, EPA
recognizes the difficulty in achieving
accuracy of the in-use control efficiency
derivation, and the EPA Guidance’s
suggested methodology provides the
flexibility for states to account for this
uncertainty.
Ultimately, under the widespread use
determination, the EPA reviews SIP
revisions on a case-by-case basis for
compliance with the criteria set forth in
the CAA sections 110(l), 193 and
184(b)(2), with due consideration of the
submitting state’s support for the values
used in its calculations and any related
emissions inventory and/or air quality
analyses it presents. Here, the State has
shown that its estimate of the cross over
period accords with the methods
outlined in the EPA Guidance and
satisfies the referenced statutory
requirements.
Comment: To encourage entities to
both participate and follow the
proposed guidelines, a potential tax
credit, or some form or credit for the
entity may want to be considered. If
such an approach were to be
implemented, it would likely encourage
the entities to participate in the program
as well as assist in their continuing to
follow the guidelines put forth by the
proposed regulation.
Response: The EPA appreciates the
suggestion of additional incentives
aimed at achieving higher compliance
rates; however, the actions proposed are
outside the scope of the current
rulemaking or EPA’s authority, which is
to ensure that the State has the authority
to implement and enforce the rule
4 New Jersey’s analysis using the two Stage II inuse control efficiency scenarios are outlined in the
SIP revision Appendix A Phase II SIP Equations 7–
3–17 Cross-Over Summary, which is included in
the docket for this action. Although the EPA
Guidance suggests a 60–75 percent Stage II in-use
control efficiency when estimating the ORVRequipped fueling at Stage II pumps, the State chose
a range of 30–70 percent, which would give a more
conservative estimate of the cross-over period. That
is, when 29 and 71 percent of the GDFs are fueling
ORVR-equipped vehicles.
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proposed. Economic incentives are
matters for the State to consider if it
chooses to do so. New Jersey entities
subject to the Rule, as approved into the
SIP, are required to comply with the
provisions outlined therein regardless of
whether financial or other economic
incentives exist. EPA believes that GDFs
are sufficiently motivated to comply
with the Rule, because the State has an
inspection program and violations
would result in penalty assessments.
The State inspection program has
stringent requirements to ensure
compliance under which only a
licensed contractor is authorized to
decommission a Stage II system.
Moreover, owners and operators of
GDFs must notify the State of any
decommissioning activity 14 days prior
to a site’s initiating any such activity.5
Additionally, within 14-days after
completion of the decommissioning, the
GDF must provide the State with an
email notification of the completion of
such work; the completion notification
is required to document the postdecommissioning testing and
demonstration of compliance with the
Petroleum Equipment Institute
checklist. With the notification system,
State inspectors would have prior
knowledge of when decommissioning
projects would take place in an area and
would, therefore, also have the
opportunity to inspect the facility
during any such decommissioning
activity to ensure compliance with the
Rule. Roughly half of the facilities in
New Jersey have decommissioned their
Stage II systems to date. The deadline
for decommissioning vacuum-assist
Stage II is December 23, 2020. GDF
owners and operators have additional
incentive to complete decommissioning
by the State’s deadline, because it
overlaps the deadline for EMV chip
requirements.6 The concurrent
deadlines allow many GDFs to reap the
economic benefit of coordinating
dispenser replacements with other
equipment upgrades necessary to meet
with the EMV chip requirements.
5 The owner or operator of the GDF must provide
the State with an email notification of any
decommissioning activity.
6 The Europay, MasterCard, Visa (EMV) is a global
standard for chip-based debit and credit card
transactions. See e.g., https://usa.visa.com/visaeverywhere/security/emv-at-the-pump.html (last
accessed 02/20/2019). The financial services
corporations Visa and Mastercard set a deadline by
which automated fuel dispenser/pump merchants
processing payments through debit and credit cards
with the Mastercard and Visa brands would need
to implement systems necessary to read debit and
credit cards equipped with EMV chips.
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IV. Summary of the EPA Final Action
The EPA is approving the State of
New Jersey’s SIP revision dated
November 29, 2017, which includes the
State’s revised New Jersey
Administrative Code (N.J.A.C.) 7:27–
16.3, ‘‘Gasoline Transfer Operations’’,
effective November 20, 2017. The EPA
is approving this SIP revision because it
meets all applicable requirements of the
CAA and the EPA Guidance, and it will
not interfere with any applicable
requirement concerning attainment of
the NAAQS and reasonable further
progress or with any other applicable
requirement of the CAA. As stated in
the proposed rulemaking (84 FR 65063,
November 26, 2019), the EPA finds that
the State has demonstrated, through
application of the Incremental Equation
1, that removing Stage II will meet rate
of progress and reasonable further
progress requirements and assist in
attainment demonstration and
transportation conformity impacts
related to removing Stage II. The State’s
November 29, 2017, SIP revision is
approvable under CAA section 110(l)
because VOC emissions increase that
may have occurred between the years
2017 to 2021 are too small to interfere
with attainment and rate of progress and
reasonable further progress towards
attainment of ozone NAAQS. The
State’s SIP submission also
demonstrates that continuing a Stage II
vapor recovery program would have
resulted in an increase in refueling
emissions due to excess emissions
resulting from incompatibility between
the ORVR and Stage II systems.
Preventing an increase in refueling
emissions is consistent with noninterference requirements of the CAA
section 110(l).
The revision to the SIP also satisfies
the ‘‘comparable measures’’ requirement
of CAA section 184(b)(2), which
requires OTR states proposing to remove
Stage II control programs to implement
measures that would achieve
‘‘comparable,’’ and not ‘‘equivalent,’’
reductions to existing Stage II programs.
As stated in the EPA Guidance, ‘‘the
comparable measures requirement is
satisfied if phasing out a Stage II control
program in a particular area is estimated
to have no, or a de minimis, incremental
loss of area-wide emission control.’’ 7 In
this case, the State has demonstrated
that any temporary emissions increase
resulting from phasing out of Stage II
controls during the years 2017 to 2021
would be de minimis.
Finally, the State has satisfied the
anti-backsliding requirements of the
7 EPA
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CAA section 193. The compliance date
of on or about December 23, 2020, for
decommissioning Stage II systems and
removal of the Stage II program from the
New Jersey SIP is well within the
crossover period of mid-2017 and mid2021 timeframe.
V. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, we are incorporating by reference
N.J.A.C. 7:27–16, ‘‘Control and
Prohibition of Air Pollution by Volatile
Organic Compounds’’, regulations
described in the amendments to 40 CFR
part 52 set forth below. 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.8
VI. 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, the 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 final action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
8 62
FR 27968 (May 22, 1997).
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• 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 the 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
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36751
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 August 17, 2020.
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 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 22, 2020.
Peter 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:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. In § 52.1570, the table in paragraph
(c) is amended by revising the entry
‘‘Title 7, Chapter 27, Subchapter 16’’ to
read as follows:
■
§ 52.1570
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Identification of plan.
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(c) * * *
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Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Rules and Regulations
EPA-APPROVED NEW JERSEY STATE REGULATIONS AND LAWS
State citation
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Title 7, Chapter 27, Subchapter 16.
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Title/subject
State effective date
EPA approval date
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Control and Prohibition of Air
Pollution by Volatile Organic Compounds.
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November 20, 2017 ..............
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June 18, 2020, EPA approval
finalized at [insert Federal
Register citation].
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[FR Doc. 2020–11712 Filed 6–17–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0152; FRL–10007–74]
Fulvic Acid; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of fulvic acid
when used as an inert ingredient
(carrier) in pesticide formulations
applied to growing crops and to raw
agricultural commodities after harvest.
Nutri Ag Inc. submitted a petition to
EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting
establishment of an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of fulvic acid when used in
accordance with the terms of the
exemption.
DATES: This regulation is effective June
18, 2020. Objections and requests for
hearings must be received on or before
August 17, 2020, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0152, is
available at https://www.regulations.gov
or by one of the follow methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
SUMMARY:
VerDate Sep<11>2014
16:26 Jun 17, 2020
Jkt 250001
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• Mail: Document Control Office
(7505PM), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
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Comments
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C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0152 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before August 17, 2020. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2018–0152, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
E:\FR\FM\18JNR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Rules and Regulations]
[Pages 36748-36752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11712]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2019-0399; FRL-10009-52-Region 2]
Approval of Air Quality Implementation Plans; New Jersey;
Gasoline Vapor Recovery Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the New Jersey State Implementation Plan (SIP) for the
ozone National Ambient Air Quality Standards which includes regulatory
amendment revisions relevant to the New Jersey Department of
Environmental Protection's requirements for Stage I and Stage II vapor
recovery systems at gasoline dispensing facilities. New Jersey's
comprehensive submittal also included changes in amendments for its air
permitting program and t-butyl acetate emission reporting requirements,
however, the EPA will be acting on these amendments under a separate
action.
DATES: The final rule is effective on July 20, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2019-0399. 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 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: Linda Longo, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-3565, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. The EPA's Evaluation of New Jersey's Submittals
III. Comments Received in Response to the EPA's Proposed Action
IV. Summary of the EPA Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The EPA is approving a revision to the State of New Jersey's (the
State) SIP for attainment and maintenance of the ozone National Ambient
Air Quality Standards (NAAQS). On November 26, 2019 (84 FR 65063), the
EPA proposed to approve the State's November 29, 2017, SIP revision,
which consists of amendments to the New Jersey Administrative Code
(N.J.A.C.) 7:27-16.3, ``Gasoline Transfer Operations'' (the Rule).
Under these amendments, certain gasoline dispensing facilities (GDFs)
must make upgrades to Stage I gasoline vapor controls and decommission
Stage II gasoline vapor systems. Under the Rule, Stage I controls are
required for tank breathing and refueling systems, with some exceptions
for single-point vapor balance systems and rotatable adapters. The Rule
allows GDFs with Stage I controls one year to install a California Air
Resources Board-certified Stage I enhanced vapor recovery pressure/
vacuum relief vent valve and seven years to comply with the remaining
equipment requirements. The Rule requires GDFs with existing Stage II
systems that are incompatible with onboard refueling vapor recovery
(ORVR) systems to be decommissioned on or before December 23, 2020,
with a demonstration that such removal is consistent with the Clean Air
Act and the EPA Guidance.
Under Clean Air Act (CAA) section 202(a)(6), Congress provided
authority to the EPA to allow states to remove (e.g., decommission)
Stage II vapor recovery programs from their SIPs, through a SIP
revision, after the EPA finds that ORVR systems are in widespread use
throughout the motor vehicle fleet nationwide. On May 16, 2012, the EPA
determined that ORVR systems are in widespread use nationwide for
control of gasoline emissions during refueling of vehicles at GDFs. See
77 FR 28772 (May 16, 2012) (Widespread Use Rule). On August 7, 2012,
EPA issued policy and technical guidance, Guidance on Removing Stage II
Gasoline Refueling Vapor Recovery from State Implementation Plans and
Assessing Comparable Measures, to provide information and tools for
states to use to develop Stage II program phase-out plans and to
address the separate ``comparable measures'' requirement in CAA section
184(b)(2) that applies to states located in the Ozone Transport Region
(OTR), such as New Jersey (EPA Guidance).\1\
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\1\ EPA. 2012. ``Guidance on Removing Stage II Gasoline
Refueling Vapor Recovery Programs from State Implementation Plans
and Assessing Comparable Measures,'' (``EPA Guidance''). See https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20120807_page_stage2_removal_guidance.pdf.
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The Widespread Use Rule allowed, but did not require, states to
discontinue Stage II vapor recovery programs. States are free to allow
GDFs to continue to use existing ORVR-compatible Stage II systems and
encouraged to ensure that facilities maintain the Stage II systems,
including compliance with required testing, to ensure proper working
order. New Jersey's Rule implements this recommendation and requires
the installation of enhanced conventional dripless nozzles and low
permeation
[[Page 36749]]
hoses as part of decommissioning or as maintenance of existing Stage II
systems.
II. The EPA's Evaluation of New Jersey's Submittals
The EPA's approval is based on the conclusion that the State's
November 29, 2017, SIP revision conforms with the EPA Guidance by
demonstrating widespread use of the ORVR-equipped vehicles in the
State's vehicle fleet and that the Rule would reduce emissions of
gasoline vapors thereby reducing emissions of volatile organic
compounds (VOC). The EPA has determined the following: (1) The State
has demonstrated that decommissioning Stage II systems would not lead
to an increase in vehicle refueling emissions and would be consistent
with non-interference requirements under CAA section 110(l); (2) any
temporary emissions increase that may result from phasing out Stage II
controls during the years 2017 to 2021 would be de minimis thus, the
Rule satisfies the ``comparable measures'' requirement under CAA
section 184(b)(2); and (3) the compliance date for the requirement to
decommission Stage II Systems and remove the Stage II program from the
SIP is well within the de minimis crossover period, satisfying the
anti-backsliding requirements under CAA section 193. In this case, the
State's analysis showed that the widespread use crossover period is the
period between mid-2017 and mid-2021; this timeframe coincides with the
Rule's compliance date for decommissioning Stage II systems of ``on or
about December 23, 2020.'' For a detailed explanation and evaluation of
the SIP revision, refer to the proposed rulemaking. See 84 FR 65063,
November 26, 2019.
III. Comments Received in Response to the EPA's Proposed Action
In response to the EPA's November 26, 2019, proposed approval of
the revisions to the New Jersey SIP for the ozone NAAQS, which consists
of amendments to N.J.A.C. 7:27-16.3, ``Gasoline Transfer Operations,''
the EPA received two public comments from two anonymous commenters
during the 30-day public comment period. The EPA has evaluated the
comments, as discussed below, and has determined that New Jersey's SIP
revision addressing the ozone NAAQS is consistent with the CAA and,
therefore, the EPA is approving New Jersey's SIP revision. Following is
a summary of the comments and the EPA's response. The full text of the
comments may also be viewed under Docket ID Number EPA-R02-OAR-2019-
0399 on the https://www.regulations.gov website.
Comment: Although I agree with the action the EPA is taking here
more should be done to explain why New Jersey only evaluated five of
the 21 counties in the state. If New Jersey were to evaluate all 21
counties what changes would occur to the cross-over period? EPA should
evaluate all counties not just a small sample of the state. This is
especially important because the entire state of New Jersey is one
giant non-attainment area and has been for decades. Knowing when
exactly the cross-over period happens in the entire state would
maximize the benefits of the remaining stage II GDFs while allowing the
state to remove the program responsibly.
Response: The EPA appreciates that the commenter does not object to
the EPA's proposed action to approve New Jersey's SIP. By approving the
current SIP revision, the EPA concludes that the State's use of a
representative sample of five counties (i.e., Essex, Middlesex, Camden,
Ocean, and Salem), instead of the total twenty-one counties that make
up the State of New Jersey, in its widespread use analysis is
consistent with the EPA Guidance which did not specify the quantity of
state-wide data needed to determine widespread use. The EPA believes
the State's estimate of the cross-over period (i.e., the time period
over which the benefits of the Stage II controls are outweighed by its
incompatibility with ORVR systems) would not meaningfully change if New
Jersey included any additional counties or all of the State's 21
counties in the analysis. For the reasons outlined below, the State's
selection of the five counties used in the analysis sufficiently
supports the State's proposed revisions to remove Stage II control
requirements from the State Implementation Plan.
As discussed in the proposed rulemaking, New Jersey's selection is
partially based on the results of the State-administered statewide
survey of GDF in 2014 that found the five counties to be representative
and cover a wide geographic cross-section of the State. The New Jersey
Department of Environmental Protection (NJDEP) analyzed vehicle
refueling data ``for the years 2014 and 2018, for the five counties,
which represent urban and rural areas of NJ, in both of New Jersey's
ozone nonattainment areas. The various vehicle mixes in these counties
cover the range of ORVR-equipped vehicle fractions in the New Jersey
fleet.'' \2\ The State deemed the five counties used in the analysis to
cover vehicle use patterns for restricted and unrestricted access road
types (e.g., express roadways and side roads) within the State. They
also span rural, suburban, and urban ozone non-attainment areas;
coastal and inland areas; and the major directional regions of the
State.
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\2\ Email correspondence from NJDEP dated Jan. 8, 2020, on file
with EPA.
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The NJDEP found that ``. . . in Appendix A, the variation in the
crossover dates between the five counties is only 8-10 months, while
the variation in the crossover dates between the range of percentage of
vacuum assist throughput is over 3 years. Therefore, the variation due
to differences between counties is small compared to the variation due
to percentage of gasoline dispensed via vacuum assist versus balanced
systems. Extension of the analysis to additional counties would not
increase overall accuracy of the crossover date estimates because
crossover date accuracy is being driven by other inputs such as the
percentage of gasoline dispensed via vacuum assist versus balanced
systems.'' See, footnote 2. EPA is not aware of, and the commenter did
not assert or provide, any information suggesting that the State's
selection of the counties used in the analysis omits any area types or
any significant vehicle use patterns occurring in New Jersey.
Consequently, the EPA finds that the State's analysis is consistent
with EPA guidance and is acceptable.
As stated above, the State's widespread use analysis reveals that
the county-specific ORVR system-equipped vehicle turnover rates (i.e.,
the rate at which ORVR system-equipped vehicles are deployed) have very
little influence on the estimate of the cross-over period (on the order
of 2-4 months in this analysis).\3\ On the other hand, the State's
analysis shows that other factors of Equation 1 in the EPA Guidance,
which EPA suggests should be used to derive the cross-over period, have
a much greater effect on the cross-over period estimate. One such
factor is the difference between the gasoline throughput attributable
to ORVR vehicles versus that attributable to non-ORVR vehicles. The EPA
Guidance recommends that states use either of two vacuum-assist Stage
II in-use control efficiency (i.e., gasoline
[[Page 36750]]
throughput) scenarios \4\ in the widespread use analysis. For New
Jersey, depending on the scenario used, the cross-over period could
vary as much as 39-43 months, a level of variability that dwarfs the
influence of any variability due to the county-specific ORVR turnover
rate (in this case, 2-4 months). Despite the influence of in-use
control efficiency on the calculation of the cross-over period, the
State's ability to derive this information is limited. As long as such
high uncertainty remains for this factor, and other factors that
contribute more to the cross-over estimate, adding more counties to the
vehicle turnover analysis would not be insightful. Indeed, EPA
recognizes the difficulty in achieving accuracy of the in-use control
efficiency derivation, and the EPA Guidance's suggested methodology
provides the flexibility for states to account for this uncertainty.
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\3\ New Jersey Department of Environmental Protection, Appendix
A Phase II SIP Equations 7-3-17, Crossover Summary tab.
\4\ New Jersey's analysis using the two Stage II in-use control
efficiency scenarios are outlined in the SIP revision Appendix A
Phase II SIP Equations 7-3-17 Cross-Over Summary, which is included
in the docket for this action. Although the EPA Guidance suggests a
60-75 percent Stage II in-use control efficiency when estimating the
ORVR-equipped fueling at Stage II pumps, the State chose a range of
30-70 percent, which would give a more conservative estimate of the
cross-over period. That is, when 29 and 71 percent of the GDFs are
fueling ORVR-equipped vehicles.
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Ultimately, under the widespread use determination, the EPA reviews
SIP revisions on a case-by-case basis for compliance with the criteria
set forth in the CAA sections 110(l), 193 and 184(b)(2), with due
consideration of the submitting state's support for the values used in
its calculations and any related emissions inventory and/or air quality
analyses it presents. Here, the State has shown that its estimate of
the cross over period accords with the methods outlined in the EPA
Guidance and satisfies the referenced statutory requirements.
Comment: To encourage entities to both participate and follow the
proposed guidelines, a potential tax credit, or some form or credit for
the entity may want to be considered. If such an approach were to be
implemented, it would likely encourage the entities to participate in
the program as well as assist in their continuing to follow the
guidelines put forth by the proposed regulation.
Response: The EPA appreciates the suggestion of additional
incentives aimed at achieving higher compliance rates; however, the
actions proposed are outside the scope of the current rulemaking or
EPA's authority, which is to ensure that the State has the authority to
implement and enforce the rule proposed. Economic incentives are
matters for the State to consider if it chooses to do so. New Jersey
entities subject to the Rule, as approved into the SIP, are required to
comply with the provisions outlined therein regardless of whether
financial or other economic incentives exist. EPA believes that GDFs
are sufficiently motivated to comply with the Rule, because the State
has an inspection program and violations would result in penalty
assessments.
The State inspection program has stringent requirements to ensure
compliance under which only a licensed contractor is authorized to
decommission a Stage II system. Moreover, owners and operators of GDFs
must notify the State of any decommissioning activity 14 days prior to
a site's initiating any such activity.\5\ Additionally, within 14-days
after completion of the decommissioning, the GDF must provide the State
with an email notification of the completion of such work; the
completion notification is required to document the post-
decommissioning testing and demonstration of compliance with the
Petroleum Equipment Institute checklist. With the notification system,
State inspectors would have prior knowledge of when decommissioning
projects would take place in an area and would, therefore, also have
the opportunity to inspect the facility during any such decommissioning
activity to ensure compliance with the Rule. Roughly half of the
facilities in New Jersey have decommissioned their Stage II systems to
date. The deadline for decommissioning vacuum-assist Stage II is
December 23, 2020. GDF owners and operators have additional incentive
to complete decommissioning by the State's deadline, because it
overlaps the deadline for EMV chip requirements.\6\ The concurrent
deadlines allow many GDFs to reap the economic benefit of coordinating
dispenser replacements with other equipment upgrades necessary to meet
with the EMV chip requirements.
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\5\ The owner or operator of the GDF must provide the State with
an email notification of any decommissioning activity.
\6\ The Europay, MasterCard, Visa (EMV) is a global standard for
chip-based debit and credit card transactions. See e.g., https://usa.visa.com/visa-everywhere/security/emv-at-the-pump.html (last
accessed 02/20/2019). The financial services corporations Visa and
Mastercard set a deadline by which automated fuel dispenser/pump
merchants processing payments through debit and credit cards with
the Mastercard and Visa brands would need to implement systems
necessary to read debit and credit cards equipped with EMV chips.
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IV. Summary of the EPA Final Action
The EPA is approving the State of New Jersey's SIP revision dated
November 29, 2017, which includes the State's revised New Jersey
Administrative Code (N.J.A.C.) 7:27-16.3, ``Gasoline Transfer
Operations'', effective November 20, 2017. The EPA is approving this
SIP revision because it meets all applicable requirements of the CAA
and the EPA Guidance, and it will not interfere with any applicable
requirement concerning attainment of the NAAQS and reasonable further
progress or with any other applicable requirement of the CAA. As stated
in the proposed rulemaking (84 FR 65063, November 26, 2019), the EPA
finds that the State has demonstrated, through application of the
Incremental Equation 1, that removing Stage II will meet rate of
progress and reasonable further progress requirements and assist in
attainment demonstration and transportation conformity impacts related
to removing Stage II. The State's November 29, 2017, SIP revision is
approvable under CAA section 110(l) because VOC emissions increase that
may have occurred between the years 2017 to 2021 are too small to
interfere with attainment and rate of progress and reasonable further
progress towards attainment of ozone NAAQS. The State's SIP submission
also demonstrates that continuing a Stage II vapor recovery program
would have resulted in an increase in refueling emissions due to excess
emissions resulting from incompatibility between the ORVR and Stage II
systems. Preventing an increase in refueling emissions is consistent
with non-interference requirements of the CAA section 110(l).
The revision to the SIP also satisfies the ``comparable measures''
requirement of CAA section 184(b)(2), which requires OTR states
proposing to remove Stage II control programs to implement measures
that would achieve ``comparable,'' and not ``equivalent,'' reductions
to existing Stage II programs. As stated in the EPA Guidance, ``the
comparable measures requirement is satisfied if phasing out a Stage II
control program in a particular area is estimated to have no, or a de
minimis, incremental loss of area-wide emission control.'' \7\ In this
case, the State has demonstrated that any temporary emissions increase
resulting from phasing out of Stage II controls during the years 2017
to 2021 would be de minimis.
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\7\ EPA Guidance, above, p. 6.
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Finally, the State has satisfied the anti-backsliding requirements
of the
[[Page 36751]]
CAA section 193. The compliance date of on or about December 23, 2020,
for decommissioning Stage II systems and removal of the Stage II
program from the New Jersey SIP is well within the crossover period of
mid-2017 and mid-2021 timeframe.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, we are incorporating by reference N.J.A.C. 7:27-16,
``Control and Prohibition of Air Pollution by Volatile Organic
Compounds'', regulations described in the amendments to 40 CFR part 52
set forth below. 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.\8\
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\8\ 62 FR 27968 (May 22, 1997).
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VI. 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, the 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 final action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 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 the 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 August 17, 2020. 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 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 22, 2020.
Peter 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:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. In Sec. 52.1570, the table in paragraph (c) is amended by revising
the entry ``Title 7, Chapter 27, Subchapter 16'' to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
[[Page 36752]]
EPA-Approved New Jersey State Regulations and Laws
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State effective
State citation Title/subject date EPA approval date Comments
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* * * * * * *
Title 7, Chapter 27, Subchapter Control and November 20, 2017 June 18, 2020,
16. Prohibition of EPA approval
Air Pollution by finalized at
Volatile Organic [insert Federal
Compounds. Register
citation].
* * * * * * *
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* * * * *
[FR Doc. 2020-11712 Filed 6-17-20; 8:45 am]
BILLING CODE 6560-50-P
