Approval and Promulgation of Implementation Plans; New Jersey; Revisions to Emissions Reporting Requirements, 68471-68472 [2020-22764]

Download as PDF Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations determines that a final Finding of Violation should be issued, OFAC will issue a final Finding of Violation that will inform the violator of its decision. A final Finding of Violation shall constitute final agency action. The violator has the right to seek judicial review of that final agency action in federal district court. (2) Determination that a Finding of Violation is not warranted. If, after considering the response, OFAC determines a Finding of Violation is not warranted, then OFAC will inform the alleged violator of its decision not to issue a final Finding of Violation. Note 1 to paragraph (c)(2). A determination by OFAC that a final Finding of Violation is not warranted does not preclude OFAC from pursuing other enforcement actions consistent with the Guidelines contained in appendix A to part 501 of this chapter. (d) Representation. A representative of the alleged violator may act on behalf of the alleged violator, but any oral communication with OFAC prior to a written submission regarding the specific alleged violations contained in the initial Finding of Violation must be preceded by a written letter of representation, unless the initial Finding of Violation was served upon the alleged violator in care of the representative. Subpart H—Procedures § 552.801 Procedures. For license application procedures and procedures relating to amendments, modifications, or revocations of licenses; administrative decisions; rulemaking; and requests for documents pursuant to the Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a), see part 501, subpart E, of this chapter. § 552.802 Delegation of certain authorities of the Secretary of the Treasury. Any action that the Secretary of the Treasury is authorized to take pursuant to Executive Order 13611 of May 16, 2012, and any further Executive orders relating to the national emergency declared therein, may be taken by the Director of OFAC or by any other person to whom the Secretary of the Treasury has delegated authority so to act. Subpart I—Paperwork Reduction Act jbell on DSKJLSW7X2PROD with RULES § 552.901 Paperwork Reduction Act notice. For approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507) of information collections relating to recordkeeping and reporting requirements, licensing procedures, and other procedures, see § 501.901 of this chapter. An agency may not conduct or sponsor, and a VerDate Sep<11>2014 15:54 Oct 28, 2020 Jkt 253001 person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. Dated: October 26, 2020. Andrea Gacki, Director, Office of Foreign Assets Control. [FR Doc. 2020–23960 Filed 10–28–20; 8:45 am] BILLING CODE 4810–AL–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2019–0681; FRL–10014– 13–Region 2] Approval and Promulgation of Implementation Plans; New Jersey; Revisions to Emissions Reporting Requirements Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of New Jersey. This revision removes from the SIP the recordkeeping, emission reporting, photochemical dispersion modeling, and inventory requirements for t-butyl acetate (TBAC) as a volatile organic compound (VOC). The revision is in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on November 30, 2020. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R02–OAR–2019–0681. 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 through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007– 1866, (212) 637–3382, or by email at banon.ysabel@epa.gov. SUMMARY: PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 68471 SUPPLEMENTARY INFORMATION: I. Background On June 4, 2020, the EPA published a notice of proposed rulemaking (NPRM) for the State of New Jersey. 85 FR 34379. In the NPRM, the EPA proposed to approve New Jersey’s November 29, 2017 submittal requesting to remove the recordkeeping, reporting, modeling, and inventory requirements for TBAC from the SIP. The reader is referred to EPA’s NPRM for more detailed background and rationale for this final action. II. Summary of the SIP Revision and the EPA’s Analysis The EPA previously determined that TBAC has a negligible level of reactivity, revised the definition of VOC to exclude TBAC, and removed the recordkeeping, emission reporting, photochemical dispersion modeling, and inventory requirements for TBAC. 69 FR 69298 (November 29, 2004); 81 FR 9339 (February 25, 2016). In order to conform with the EPA’s current regulatory requirements for TBAC, New Jersey requested that New Jersey Administrative Code (NJAC) 7:27–34, ‘‘TBAC Emissions Reporting,’’ consisting of TBAC recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements, be removed from the SIP. III. What comments were received in response to the EPA’s proposed action? The EPA did not receive any comments in response to the June 4, 2020 NPRM. IV. Final Action The EPA is approving the removal of NJAC 7:27–34, ‘‘TBAC Emissions Reporting,’’ which includes recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements for TBAC, from the New Jersey SIP. This SIP revision will not interfere with attainment of any national ambient air quality standard (NAAQS), reasonable further progress, or any other requirement of the CAA, including Section 110(l), and is consistent with the EPA’s February 25, 2016 final rule. 81 FR 9339. V. Incorporation by Reference In this document, the EPA is amending regulatory text that includes incorporation by reference. As described in the amendments to 40 CFR part 52 set forth below, the EPA is removing provisions of the EPA-Approved New Jersey State Regulations and Laws from the New Jersey State Implementation E:\FR\FM\29OCR1.SGM 29OCR1 68472 Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES Plan, which is incorporated by reference in accordance with the requirements of 1 CFR part 51. VI. Statutory and Executive Order Reviews Under the CAA, 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 CAA. 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). VerDate Sep<11>2014 15:54 Oct 28, 2020 Jkt 253001 In addition, this rulemaking action, pertaining to TBAC, 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 28, 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 in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, and Volatile organic compounds. Dated: September 17, 2020. Peter Lopez, Regional Administrator, Region 2. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 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 § 52.1570 [Amended] 2. In § 52.1570, amend the table in paragraph (c) by removing the entry ‘‘Title 7, Chapter 27, Subchapter 34’’. ■ [FR Doc. 2020–22764 Filed 10–28–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2020–0255; FRL–10013– 47–Region 1] Air Plan Approval; Connecticut; Control of Particulate Matter and Visible Emissions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision amends a Connecticut airquality regulation for controlling particulate matter (PM) and visible emissions. The intended effect of this action is to define the process industries and activities to which this regulation applies, and to make technical corrections to an emission-rate calculation method. This action is being taken in accordance with the Clean Air Act. DATES: This rule is effective on November 30, 2020. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2020–0255. 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, i.e., 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 at https:// www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office SUMMARY: E:\FR\FM\29OCR1.SGM 29OCR1

Agencies

[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Rules and Regulations]
[Pages 68471-68472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22764]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2019-0681; FRL-10014-13-Region 2]


Approval and Promulgation of Implementation Plans; New Jersey; 
Revisions to Emissions Reporting Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the State of New 
Jersey. This revision removes from the SIP the recordkeeping, emission 
reporting, photochemical dispersion modeling, and inventory 
requirements for t-butyl acetate (TBAC) as a volatile organic compound 
(VOC). The revision is in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: This final rule is effective on November 30, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R02-OAR-2019-0681. 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 through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3382, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 4, 2020, the EPA published a notice of proposed rulemaking 
(NPRM) for the State of New Jersey. 85 FR 34379. In the NPRM, the EPA 
proposed to approve New Jersey's November 29, 2017 submittal requesting 
to remove the recordkeeping, reporting, modeling, and inventory 
requirements for TBAC from the SIP. The reader is referred to EPA's 
NPRM for more detailed background and rationale for this final action.

II. Summary of the SIP Revision and the EPA's Analysis

    The EPA previously determined that TBAC has a negligible level of 
reactivity, revised the definition of VOC to exclude TBAC, and removed 
the recordkeeping, emission reporting, photochemical dispersion 
modeling, and inventory requirements for TBAC. 69 FR 69298 (November 
29, 2004); 81 FR 9339 (February 25, 2016).
    In order to conform with the EPA's current regulatory requirements 
for TBAC, New Jersey requested that New Jersey Administrative Code 
(NJAC) 7:27-34, ``TBAC Emissions Reporting,'' consisting of TBAC 
recordkeeping, emissions reporting, photochemical dispersion modeling, 
and inventory requirements, be removed from the SIP.

III. What comments were received in response to the EPA's proposed 
action?

    The EPA did not receive any comments in response to the June 4, 
2020 NPRM.

IV. Final Action

    The EPA is approving the removal of NJAC 7:27-34, ``TBAC Emissions 
Reporting,'' which includes recordkeeping, emissions reporting, 
photochemical dispersion modeling, and inventory requirements for TBAC, 
from the New Jersey SIP. This SIP revision will not interfere with 
attainment of any national ambient air quality standard (NAAQS), 
reasonable further progress, or any other requirement of the CAA, 
including Section 110(l), and is consistent with the EPA's February 25, 
2016 final rule. 81 FR 9339.

V. Incorporation by Reference

    In this document, the EPA is amending regulatory text that includes 
incorporation by reference. As described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing provisions of the EPA-
Approved New Jersey State Regulations and Laws from the New Jersey 
State Implementation

[[Page 68472]]

Plan, which is incorporated by reference in accordance with the 
requirements of 1 CFR part 51.

VI. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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, this rulemaking action, pertaining to TBAC, 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 28, 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, and Volatile organic 
compounds.

    Dated: September 17, 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


Sec.  52.1570  [Amended]

0
2. In Sec.  52.1570, amend the table in paragraph (c) by removing the 
entry ``Title 7, Chapter 27, Subchapter 34''.

[FR Doc. 2020-22764 Filed 10-28-20; 8:45 am]
BILLING CODE 6560-50-P
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