Approval of Air Quality Implementation Plans; New Jersey; New Jersey 2017 Periodic Emission Inventory SIP for the Ozone Nonattainment Area and PM2.5/Regional Haze Areas, New Jersey Nonattainment Emission Inventory for 2008 Ozone NAAQS, 55576-55578 [2023-17563]
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55576
Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Rules and Regulations
Dated: June 24, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2023–17514 Filed 8–15–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2022–0459; FRL–10785–
02–R2]
Approval of Air Quality Implementation
Plans; New Jersey; New Jersey 2017
Periodic Emission Inventory SIP for
the Ozone Nonattainment Area and
PM2.5/Regional Haze Areas, New
Jersey Nonattainment Emission
Inventory for 2008 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Table of Contents
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the New Jersey
Department of Environmental Protection
(NJDEP). The SIP revision consists of
the following: 2017 calendar year ozone
precursor emission inventory for
volatile organic compounds (VOCs),
oxides of nitrogen (NOX), and carbon
monoxide (CO) for the Northern New
Jersey portion of the New York-Northern
New Jersey-Long Island NY-NJ-CT
ozone nonattainment area (Northern
New Jersey) and the Southern New
Jersey portion of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE ozone nonattainment area (Southern
New Jersey). The SIP revision also
consists of the 2017 calendar year
statewide periodic emissions inventory
for New Jersey. The pollutants included
in this inventory include VOC, NOX,
CO, particulate matter with an
aerodynamic diameter less than or equal
to 2.5 microns (PM2.5), particulate
matter with an aerodynamic diameter
less than or equal to 10 microns (PM10),
ammonia (NH3) and sulfur dioxide
(SO2). Additionally, EPA is approving a
minor update to the 2011 nonattainment
base year emission inventory. This
action is being taken in accordance with
the Clean Air Act (CAA).
DATES: This final rule is effective on
September 15, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2022–0459. All
documents in the docket are listed on
the https://www.regulations.gov
SUMMARY:
VerDate Sep<11>2014
16:04 Aug 15, 2023
Jkt 259001
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.
SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION section is
arranged as follows:
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 19, 2023 (88 FR 32167), the
EPA published a Notice of Proposed
Rulemaking (NPRM) that proposed to
approve a State Implementation Plan
(SIP) revision submitted by NJDEP on
November 23, 2021. The NPRM
proposed approval of three elements of
the SIP submittal: the 2017 calendar
year ozone season daily and annual
ozone precursor emission inventory for
CO, NOX and VOCs for the Northern
New Jersey and Southern New Jersey
ozone nonattainment areas, the
statewide 2017 emission inventory, and
a revision for the 2011 base year
emission inventory. In addition, the SIP
revision submittal consisted of the 2017
calendar year PM2.5/Regional Haze
emissions inventory that was developed
statewide for New Jersey. The pollutants
included in the inventory are annual
emissions for VOC, NOX, PM2.5, PM10,
NH3 and SO2.
These submittals were made, in part
to meet requirements for serious areas
for the 2008 ozone National Ambient
Air Quality Standard (NAAQS). Other
specific requirements of New Jersey’s
SIP revisions for the 2008 ozone
NAAQS and the rationale for the EPA’s
proposed action are explained in the
NPRM and will not be restated here.
II. Response to Comments
EPA provided a 30-day review and
comment period for the May 19, 2023,
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
proposed rule. The comment period
ended on Jun 20, 2023. In response to
EPA’s May 19, 2023, proposed
rulemaking on New Jersey’s SIP
revision, EPA received one comment
during the 30-day public comment
period. The specific comment may be
reviewed under Docket ID Number
EPA–R02–OAR–2022–0459 on the
https://regulations.gov website.
Comment
NJDEP submitted a comment on June
19, 2023. NJDEP noted that they
submitted, on November 18, 2021, a SIP
revision for the 2008 8-hour Ozone
Attainment, Demonstration, and 2015
8-hr ozone Reasonable Available
Control Technology (RACT)
Determinations and Nonattainment New
Source Review (NNSR) Program
Compliance Certification and 2017
Periodic Emission Inventory. The EPA
proposed to approve the New Jersey’s
2017 Emission inventory for the 2008
NAAQS, PM2.5, and Regional Haze, but
did not propose to approve it for the
2015 Ozone NAAQS for either of New
Jersey’s ozone nonattainment areas.
Response
The EPA acknowledges the
commenter’s concern about New
Jersey’s 2017 periodic emission
inventory statewide, for both New Jersey
nonattainment areas for the 2008 and
2015 ozone standards. The EPA is
approving the 2017 emission inventory
that could be used for any relevant SIP
planning requirements, including for
the 2015 ozone NAAQS. The EPA
inadvertently did not indicate in the
NPRM that the 2017 periodic emission
inventory was submitted by New Jersey
to address 2015 ozone planning
requirements. The EPA acknowledges
that the NJDEP November 18, 2021, SIP
revision submittal included the 2017
Emission Inventory for the 2015 Ozone
NAAQS. The other elements of that
submittal, New Jersey’s statewide RACT
certification and NNSR certification for
the 2015 Ozone NAAQS, will be
addressed under a separate future
rulemaking and is not addressed within
this action.
III. Final Action
The EPA is approving revisions to the
New Jersey SIP which pertains to the
following: 2017 calendar year ozone
season daily and annual ozone
precursor emission inventories for CO,
NOX, and VOC for the Northern New
Jersey and Southern New Jersey ozone
nonattainment areas, which is relevant
to both the 2008 and 2015 ozone
standards. In addition, the SIP revision
submittal that EPA is approving also
E:\FR\FM\16AUR1.SGM
16AUR1
Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Rules and Regulations
consists of the 2017 calendar year PM2.5/
Regional Haze emissions inventory that
was developed statewide for New
Jersey. The pollutants included in the
inventory are annual emissions for VOC,
NOX, PM2.5, PM10, NH3 and SO2. EPA is
also approving a revision to the New
Jersey 2011 base year emission
inventory.
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IV. 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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
VerDate Sep<11>2014
16:04 Aug 15, 2023
Jkt 259001
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the 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 it 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).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The NJDEP did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
55577
people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 16, 2023. 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.
Lisa Garcia,
Regional Administrator, Region 2.
Part 52 of 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. Section 52.1570 is amended by
adding entries to the end of the table in
paragraph (e) to read as follows:
■
§ 52.1570
*
Identification of plan.
*
*
(e) * * *
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*
*
55578
Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Rules and Regulations
EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS
SIP element
Applicable
geographic or
nonattainment area
*
*
*
2011 VOC, NOX and CO
Northern New Jersey portion
ozone summer season and
of the New York-Northern
annual emission inventory.
New Jersey-Long Island
NY-NJ-CT 8-hour ozone
nonattainment area.
2011 base year emissions in- State-wide ............................
ventory.
2017 VOC, NOX and CO
ozone summer season
daily and annual emission
inventory.
2017 VOC, NOX and CO
ozone summer season
daily and annual emission
inventory.
2017 base year emissions inventory.
2017 PM2.5/Regional Haze
associated precursor annual emission inventory.
State-wide ............................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2022–0234 and EPA–HQ–
OPP–2022–0258; FRL–10679–01–OCSPP]
Fluxapyroxad; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of fluxapyroxad
in or on avocado; stevia, dried leaves;
and stevia, fresh leaves and revises the
tolerance for residues of fluxapyroxad in
or on coffee, green bean. Interregional
Project Number 4 (IR–4) and BASF
Corporation requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective
August 16, 2023. Objections and
requests for hearings must be received
on or before October 16, 2023, and must
be filed in accordance with the
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SUMMARY:
16:04 Aug 15, 2023
Jkt 259001
EPA approval date
*
*
*
August 16, 2023, [insert
• Full approval.
Federal Register citation]. • The inventory contains
point, nonpoint, nonroad
and on-road.
November 23, 2021
August 16, 2023, [insert
• Full approval.
Federal Register citation]. • The inventory contains
point, nonpoint, nonroad,
on-road and biogenic
source data.
August 16, 2023, [insert
• Full approval.
Federal Register citation]. • The inventory contains
point, nonpoint, nonroad,
on-road and biogenic
source data.
August 16, 2023, [insert
• Full approval.
Federal Register citation]. • The inventory contains
point, nonpoint, nonroad,
on-road and biogenic
source data.
August 16, 2023, [insert
• Full approval.
Federal Register citation]. • The inventory contains
point, nonpoint, nonroad,
on-road and biogenic
source data.
August 16, 2023, [insert
• Full approval.
Federal Register citation]. • The inventory contains
point, nonpoint, nonroad,
on-road and biogenic
source data.
November 23, 2021
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The dockets for this action,
identified by docket identification (ID)
numbers EPA–HQ–OPP–2022–0234 and
EPA–HQ–OPP–2022–0258, are available
at https://www.regulations.gov or at the
Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services,
docket access, visit https://
www.epa.gov/.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Director, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
PO 00000
Frm 00028
Explanation
*
November 23, 2021
Northern New Jersey portion November 23, 2021
of the New York-Northern
New Jersey-Long Island
NY-NJ-CT 8-hour ozone
nonattainment area.
Southern New Jersey porNovember 23, 2021
tion of the PhiladelphiaWilmington-Atlantic City,
PA-NJ-MD-DE 8-hour
ozone nonattainment area.
State-wide ............................ November 23, 2021
[FR Doc. 2023–17563 Filed 8–15–23; 8:45 am]
VerDate Sep<11>2014
New Jersey
submittal date
Fmt 4700
Sfmt 4700
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 EPA’s tolerance
regulations at 40 CFR part 180 through
the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/
current/title-40.
E:\FR\FM\16AUR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Rules and Regulations]
[Pages 55576-55578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17563]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2022-0459; FRL-10785-02-R2]
Approval of Air Quality Implementation Plans; New Jersey; New
Jersey 2017 Periodic Emission Inventory SIP for the Ozone Nonattainment
Area and PM2.5/Regional Haze Areas, New Jersey Nonattainment Emission
Inventory for 2008 Ozone NAAQS
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 New Jersey
Department of Environmental Protection (NJDEP). The SIP revision
consists of the following: 2017 calendar year ozone precursor emission
inventory for volatile organic compounds (VOCs), oxides of nitrogen
(NOX), and carbon monoxide (CO) for the Northern New Jersey
portion of the New York-Northern New Jersey-Long Island NY-NJ-CT ozone
nonattainment area (Northern New Jersey) and the Southern New Jersey
portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE ozone
nonattainment area (Southern New Jersey). The SIP revision also
consists of the 2017 calendar year statewide periodic emissions
inventory for New Jersey. The pollutants included in this inventory
include VOC, NOX, CO, particulate matter with an aerodynamic
diameter less than or equal to 2.5 microns (PM2.5),
particulate matter with an aerodynamic diameter less than or equal to
10 microns (PM10), ammonia (NH3) and sulfur
dioxide (SO2). Additionally, EPA is approving a minor update
to the 2011 nonattainment base year emission inventory. This action is
being taken in accordance with the Clean Air Act (CAA).
DATES: This final rule is effective on September 15, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-2022-0459. 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: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 19, 2023 (88 FR 32167), the EPA published a Notice of
Proposed Rulemaking (NPRM) that proposed to approve a State
Implementation Plan (SIP) revision submitted by NJDEP on November 23,
2021. The NPRM proposed approval of three elements of the SIP
submittal: the 2017 calendar year ozone season daily and annual ozone
precursor emission inventory for CO, NOX and VOCs for the
Northern New Jersey and Southern New Jersey ozone nonattainment areas,
the statewide 2017 emission inventory, and a revision for the 2011 base
year emission inventory. In addition, the SIP revision submittal
consisted of the 2017 calendar year PM2.5/Regional Haze
emissions inventory that was developed statewide for New Jersey. The
pollutants included in the inventory are annual emissions for VOC,
NOX, PM2.5, PM10, NH3 and
SO2.
These submittals were made, in part to meet requirements for
serious areas for the 2008 ozone National Ambient Air Quality Standard
(NAAQS). Other specific requirements of New Jersey's SIP revisions for
the 2008 ozone NAAQS and the rationale for the EPA's proposed action
are explained in the NPRM and will not be restated here.
II. Response to Comments
EPA provided a 30-day review and comment period for the May 19,
2023, proposed rule. The comment period ended on Jun 20, 2023. In
response to EPA's May 19, 2023, proposed rulemaking on New Jersey's SIP
revision, EPA received one comment during the 30-day public comment
period. The specific comment may be reviewed under Docket ID Number
EPA-R02-OAR-2022-0459 on the https://regulations.gov website.
Comment
NJDEP submitted a comment on June 19, 2023. NJDEP noted that they
submitted, on November 18, 2021, a SIP revision for the 2008 8-hour
Ozone Attainment, Demonstration, and 2015 8-hr ozone Reasonable
Available Control Technology (RACT) Determinations and Nonattainment
New Source Review (NNSR) Program Compliance Certification and 2017
Periodic Emission Inventory. The EPA proposed to approve the New
Jersey's 2017 Emission inventory for the 2008 NAAQS, PM2.5,
and Regional Haze, but did not propose to approve it for the 2015 Ozone
NAAQS for either of New Jersey's ozone nonattainment areas.
Response
The EPA acknowledges the commenter's concern about New Jersey's
2017 periodic emission inventory statewide, for both New Jersey
nonattainment areas for the 2008 and 2015 ozone standards. The EPA is
approving the 2017 emission inventory that could be used for any
relevant SIP planning requirements, including for the 2015 ozone NAAQS.
The EPA inadvertently did not indicate in the NPRM that the 2017
periodic emission inventory was submitted by New Jersey to address 2015
ozone planning requirements. The EPA acknowledges that the NJDEP
November 18, 2021, SIP revision submittal included the 2017 Emission
Inventory for the 2015 Ozone NAAQS. The other elements of that
submittal, New Jersey's statewide RACT certification and NNSR
certification for the 2015 Ozone NAAQS, will be addressed under a
separate future rulemaking and is not addressed within this action.
III. Final Action
The EPA is approving revisions to the New Jersey SIP which pertains
to the following: 2017 calendar year ozone season daily and annual
ozone precursor emission inventories for CO, NOX, and VOC
for the Northern New Jersey and Southern New Jersey ozone nonattainment
areas, which is relevant to both the 2008 and 2015 ozone standards. In
addition, the SIP revision submittal that EPA is approving also
[[Page 55577]]
consists of the 2017 calendar year PM2.5/Regional Haze
emissions inventory that was developed statewide for New Jersey. The
pollutants included in the inventory are annual emissions for VOC,
NOX, PM2.5, PM10, NH3 and
SO2. EPA is also approving a revision to the New Jersey 2011
base year emission inventory.
IV. 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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 CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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 it 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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The NJDEP did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 16, 2023. 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.
Lisa Garcia,
Regional Administrator, Region 2.
Part 52 of 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. Section 52.1570 is amended by adding entries to the end of the table
in paragraph (e) to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(e) * * *
[[Page 55578]]
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or EPA approval
SIP element nonattainment New Jersey submittal date date Explanation
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2011 VOC, NOX and CO ozone Northern New November 23, 2021........ August 16, 2023, Full
summer season and annual Jersey portion [insert Federal approval.
emission inventory. of the New York- Register The
Northern New citation]. inventory
Jersey-Long contains point,
Island NY-NJ-CT nonpoint,
8-hour ozone nonroad and on-
nonattainment road.
area.
2011 base year emissions State-wide....... November 23, 2021........ August 16, 2023, Full
inventory. [insert Federal approval.
Register The
citation]. inventory
contains point,
nonpoint,
nonroad, on-
road and
biogenic source
data.
2017 VOC, NOX and CO ozone Northern New November 23, 2021........ August 16, 2023, Full
summer season daily and Jersey portion [insert Federal approval.
annual emission inventory. of the New York- Register The
Northern New citation]. inventory
Jersey-Long contains point,
Island NY-NJ-CT nonpoint,
8-hour ozone nonroad, on-
nonattainment road and
area. biogenic source
data.
2017 VOC, NOX and CO ozone Southern New November 23, 2021........ August 16, 2023, Full
summer season daily and Jersey portion [insert Federal approval.
annual emission inventory. of the Register The
Philadelphia- citation]. inventory
Wilmington- contains point,
Atlantic City, nonpoint,
PA-NJ-MD-DE 8- nonroad, on-
hour ozone road and
nonattainment biogenic source
area. data.
2017 base year emissions State-wide....... November 23, 2021........ August 16, 2023, Full
inventory. [insert Federal approval.
Register The
citation]. inventory
contains point,
nonpoint,
nonroad, on-
road and
biogenic source
data.
2017 PM2.5/Regional Haze State-wide....... November 23, 2021........ August 16, 2023, Full
associated precursor annual [insert Federal approval.
emission inventory. Register The
citation]. inventory
contains point,
nonpoint,
nonroad, on-
road and
biogenic source
data.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-17563 Filed 8-15-23; 8:45 am]
BILLING CODE 6560-50-P
