Air Plan Approval; New Jersey; Redesignation of the Warren County 1971 Sulfur Dioxide Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan, 67651-67654 [2023-21700]
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
Bureau of Legislative Affairs, in
coordination with the Assistant Legal
Adviser for Treaty Affairs, shall provide
the text of the instrument, as that term
is defined in § 181.1(c), to the Bureau of
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(c) Publication of information related
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With respect to each international
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to military personnel on a reciprocal
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information described in § 181.8(a)(3)
and (6) relating to such international
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(vi) any international agreements and
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Affairs of the House of Representatives
to the Secretary in accordance with 1
U.S.C. 112b(k)(5)(A)(ii)(II).
(2) Pursuant to 1 U.S.C. 112a(b), any
international agreements and qualifying
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possession of the Department of State,
other than those in paragraph (d)(1)(i) of
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Department of State.
(3) Pursuant to 1 U.S.C. 112b(l)(1),
nothing in the Act may be construed to
authorize the withholding from
disclosure to the public of any record if
such disclosure is required by law.
§ 181.10
Definition of ‘‘text’’.
(a) In accordance with 1 U.S.C.
112b(k)(7), the term ‘‘text’’ with respect
to an international agreement or
qualifying non-binding instrument
includes:
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67651
(1) Any annex, appendix, codicil, side
agreement, side letter, or any document
of similar purpose or function to the
aforementioned, regardless of the title of
the document, that is entered into
contemporaneously and in conjunction
with the international agreement or
qualifying non-binding instrument; and
(2) Any implementing agreement or
arrangement, or any document of
similar purpose or function to the
aforementioned regardless of the title of
the document, that is entered into
contemporaneously and in conjunction
with the international agreement or
qualifying non-binding instrument.
(b) 1 U.S.C. 112b(k)(7) further
provides that, as used in this definition,
the term ‘‘contemporaneously and in
conjunction with’’:
(1) Shall be construed liberally; and
(2) May not be interpreted to require
any action to have occurred
simultaneously or on the same day.
Joshua L. Dorosin,
Deputy Legal Adviser, Department of State.
[FR Doc. 2023–21666 Filed 9–29–23; 8:45 am]
BILLING CODE 4710–08–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R02–OAR–2021–0871; FRL–11226–
02–R2]
Air Plan Approval; New Jersey;
Redesignation of the Warren County
1971 Sulfur Dioxide Nonattainment
Area to Attainment and Approval of the
Area’s Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On November 15, 2021, the
New Jersey Department of
Environmental Protection (NJDEP)
submitted a request for the
Environmental Protection Agency (EPA)
to approve the redesignation of the New
Jersey portion of the Northeast
Pennsylvania-Upper Delaware Valley
Interstate Air Quality Control Region
(Warren County, New Jersey) from
nonattainment to attainment for the
1971 Sulfur Dioxide (SO2) National
Ambient Air Quality Standards
(NAAQS). In conjunction with its
redesignation request, NJDEP submitted
a State Implementation Plan (SIP)
revision containing a limited
maintenance plan and its associated
contingency measures for the Warren
County 1971 SO2 Nonattainment Area
(Warren County SO2 NAA) to ensure
SUMMARY:
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
that attainment of the SO2 NAAQS will
continue to be maintained. The EPA is
taking final action to approve the
requested SIP revision and to
redesignate the Warren County SO2
NAA from nonattainment to attainment
for the 1971 SO2 NAAQS.
DATES: This final rule is effective on
October 2, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2021–0871. 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., Controlled Unclassified
Information (CUI) (formally referred to
as Confidential Business Information
(CBI)) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kenneth Fradkin, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3702, or by email at
Fradkin.Kenneth@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
II. Environmental Justice Considerations
III. What comments were received in
response to the EPA’s proposed action?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
lotter on DSK11XQN23PROD with RULES1
I. What is the background for this
action?
On August 14, 2023, the EPA
proposed to redesignate the Warren
County SO2 NAA to attainment for the
3-hour, 24-hour, and annual 1971 SO2
NAAQS, based on the demonstrated
compliance with the requirements of the
redesignation criteria provided under
CAA section 107(d)(3)(E). The EPA also
proposed to approve the limited
maintenance plan as a revision to the
New Jersey SIP. NJDEP submitted the
redesignation request and SIP revision
on November 15, 2021.
The specific details of New Jersey’s
redesignation request and SIP revision,
and the rationale for the EPA’s approval
action are explained in the EPA’s
proposed rulemaking and are not
restated in this final action. For this
detailed information, the reader is
referred to the EPA’s August 14, 2023,
proposed rulemaking (88 FR 54983).
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II. Environmental Justice
Considerations
NJDEP provided a supplement to its
SIP submission on March 16, 2023,
which described New Jersey’s programs
and initiatives addressing the needs of
communities with Environmental
Justice (EJ) concerns.
The EPA performed an EJ analysis for
the Warren County SO2 NAA for the
purpose of providing additional context
and information about this rulemaking
to the public and not as a basis for the
action.
On August 14, 2023, we proposed to
find that action would not have or lead
to disproportionately high or adverse
human health or environmental effects
on communities with EJ concerns. For
the specific details regarding the EPA’s
evaluation of EJ considerations, the
reader is referred to the August 14,
2023, proposed rulemaking (88 FR
54983, 54994–54995).
III. What comments were received in
response to the EPA’s proposed action?
The EPA provided a 30-day review
and comment period for the August 14,
2023, proposed rule. The comment
period ended on September 13, 2023.
The EPA received no comments on the
proposed action.
IV. What action is the EPA taking?
The EPA has evaluated New Jersey’s
redesignation request and determined
that it meets the redesignation criteria
provided under CAA section
107(d)(3)(E) and is consistent with
Agency regulations and policy. The EPA
is approving New Jersey’s request to
redesignate the Warren County SO2
NAA to attainment for the 3-hour, 24hour, and annual 1971 SO2 NAAQS.
Additionally, the EPA is approving the
maintenance plan for the Warren
County SO2 NAA pursuant to section
175A of the CAA.
In accordance with 5 U.S.C. 553(d) of
the Administrative Procedure Act
(APA), the EPA finds there is good
cause for this action to become effective
immediately upon publication. The
immediate effective date for this action
is authorized under 5 U.S.C. 553(d)(1).
Section 553(d)(1) of the APA provides
that final rules shall not become
effective until 30 days after publication
in the Federal Register ‘‘except . . . a
substantive rule which grants or
recognizes an exemption or relieves a
restriction.’’ The purpose of this
provision is to ‘‘give affected parties a
reasonable time to adjust their behavior
before the final rule takes effect.’’
Omnipoint Corp. v. Fed. Commc’n
Comm’n, 78 F.3d 620, 630 (D.C. Cir.
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1996); see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir.
1977) (quoting legislative history).
However, when the agency grants or
recognizes an exemption or relieves a
restriction, affected parties do not need
a reasonable time to adjust because the
effect is not adverse. The EPA has
determined that this rule relieves a
restriction because this rule relieves
sources in the area of Nonattainment
New Source Review (NNSR) permitting
requirements; instead, upon the
effective date of this action, sources will
be subject to less restrictive Prevention
of Significant Deterioration (PSD)
permitting requirements. For this
reason, the EPA finds good cause under
5 U.S.C. 553(d)(1) for this action to
become effective on the date of
publication of this action.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, 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 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
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
• 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.
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. The 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.’’ The 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.’’
NJDEP evaluated EJ considerations as
part of its SIP submittal even though the
CAA and applicable implementing
regulations neither prohibit nor require
an evaluation. The EPA’s evaluation of
the NJDEP’s environmental justice
considerations is described above in the
section titled, ‘‘Environmental Justice
Considerations.’’ The analysis was done
for the purpose of providing additional
context and information about this
rulemaking to the public, not as a basis
of the action. The EPA is taking action
under the CAA on reasoning
independent of the NJDEP’s evaluation
of environmental justice. Due to the
nature of this action, it is expected to
have a neutral to positive impact on the
air quality of the affected area.
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 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 1,
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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air
pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. In § 52.1570, the table in paragraph
(e) is amended by adding the entry for
‘‘1971 Sulfur Dioxide Redesignation
Request and Maintenance Plan for the
Warren County Area’’, at the end of the
table to read as follows:
■
§ 52.1570
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS
SIP element
Applicable geographic or
nonattainment area
New Jersey
submittal date
EPA approval date
*
1971 Sulfur Dioxide Redesignation Request and
Maintenance Plan for the
Warren County Area.
*
*
New Jersey portion of the Northeast Pennsylvania-Upper Delaware Valley Interstate Air Quality Control Region (Warren
County, New Jersey).
*
*
November 15, 2021 .......................
*
October 2, 2023,
[insert Federal
Register citation].
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PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
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Authority: 42 U.S.C. 7401, et seq.
4. In § 81.331 the table entitled ‘‘New
Jersey—1971 Sulfur Dioxide NAAQS’’ is
amended by revising the entries under
‘‘Northeast Pennsylvania-Upper
■
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Explanation
*
• Full approval.
Delaware Valley Interstate AQCR’’ to
read as follows:
§ 81.331
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New Jersey.
02OCR1
67654
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
NEW JERSEY—1971 SULFUR DIOXIDE NAAQS
[Primary and secondary]
Does not
meet primary
standards
Designated area
*
*
*
*
Northeast Pennsylvania-Upper Delaware Valley Interstate AQCR:
The Township of Harmony ..................................................................
The Township of White .......................................................................
The Township of Oxford .....................................................................
The Township of Belvidere .................................................................
Portions of Liberty Township ..............................................................
Portions of Mansfield Township ..........................................................
Remainder of AQCR ...........................................................................
*
*
*
*
Does not
meet secondary
standards
*
..........................
..........................
..........................
..........................
..........................
..........................
..........................
BILLING CODE 6560–50–P
[FR Doc. 2023–21292 Filed 9–29–23; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
DEPARTMENT OF COMMERCE
47 CFR Part 54
National Oceanic and Atmospheric
Administration
[WC Docket No. 21–450; FCC 23–62; FR
ID 173798]
50 CFR Part 635
Affordable Connectivity Program
[Docket No. 220523–0193; RTID 0648–
XD386]
Federal Communications
Commission.
AGENCY:
ACTION:
Final rule; correction.
The Federal Communications
Commission (FCC) is correcting a final
rule that appeared in the Federal
Register on September 1, 2023. The
document issued a final rule to establish
the enhanced discounts available for
monthly broadband services provided in
high-cost areas by participants in the
Affordable Connectivity Program (ACP).
SUMMARY:
DATES:
Effective October 2, 2023.
For
further information, please contact,
Travis Hahn, Attorney Advisor,
Telecommunications Access Policy
Division, Wireline Competition Bureau,
at Travis.Hahn@fcc.gov or 202–418–
7400.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
Correction
In FR Doc. 2023–18621, appearing on
page 60347 in the Federal Register of
Friday, September 1, 2023, the
following corrections are made:
§ 54.1814
[Corrected]
1. On Page 60355, in the third column,
in part 54, in paragraph (b), ‘‘(2)’’ is
corrected to read as ‘‘(3)’’.
■
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Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
General Category October Through
November Time Period Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS is transferring 25
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the General category October through
November time period resulting in an
adjusted October through November
time period subquota of 117.4 mt and a
Reserve category quota of 87.2 mt. This
action would affect Atlantic Tunas
General category (commercial)
permitted vessels and Highly Migratory
Species (HMS) Charter/Headboat
permitted vessels with a commercial
sale endorsement when fishing
commercially for BFT.
DATES: The transfer is effective
September 28, 2023, through November
30, 2023.
FOR FURTHER INFORMATION CONTACT: Lisa
Crawford, lisa.crawford@noaa.gov, 301–
427–8503; or Larry Redd, Jr.,
larry.redd@noaa.gov, 301–427–8503.
SUMMARY:
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*
............................
............................
............................
............................
............................
............................
............................
Federal Communications Commission.
Marlene Dortch,
Secretary.
*
[FR Doc. 2023–21700 Filed 9–29–23; 8:45 am]
Cannot be
classified
........................
........................
........................
........................
........................
........................
........................
Better than
national
standards
*
X
X
X
X
X
X
X
Atlantic
HMS fisheries, including BFT fisheries,
are managed under the authority of the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (FMP)
and its amendments are implemented
by regulations at 50 CFR part 635.
Section 635.27 divides the U.S. BFT
quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens
Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest
quotas under relevant international
fishery agreements such as the ICCAT
Convention, which is implemented
domestically pursuant to ATCA.
As described in § 635.27(a), the
current baseline U.S. BFT quota is
1,316.14 metric tons (mt) (not including
the 25 mt ICCAT allocated to the United
States to account for bycatch of BFT in
pelagic longline fisheries in the
Northeast Distant Gear Restricted Area).
The baseline quotas for the General and
Reserve categories are 710.7 mt and 38.2
mt, respectively. The General category
baseline quota is suballocated to
different time periods. Relevant to this
action, the baseline subquota for the
October to November time period is 92.4
mt. To date, NMFS has published
several actions that resulted in
adjustments to the Reserve category
quota, including the allowable carryover
of underharvest from 2022 to 2023,
resulting in an adjusted Reserve
category quota of 112.2 mt (88 FR
48136, July 26, 2023; 88 FR 64385,
SUPPLEMENTARY INFORMATION:
E:\FR\FM\02OCR1.SGM
02OCR1
]]>Agencies
[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67651-67654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21700]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R02-OAR-2021-0871; FRL-11226-02-R2]
Air Plan Approval; New Jersey; Redesignation of the Warren County
1971 Sulfur Dioxide Nonattainment Area to Attainment and Approval of
the Area's Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On November 15, 2021, the New Jersey Department of
Environmental Protection (NJDEP) submitted a request for the
Environmental Protection Agency (EPA) to approve the redesignation of
the New Jersey portion of the Northeast Pennsylvania-Upper Delaware
Valley Interstate Air Quality Control Region (Warren County, New
Jersey) from nonattainment to attainment for the 1971 Sulfur Dioxide
(SO2) National Ambient Air Quality Standards (NAAQS). In
conjunction with its redesignation request, NJDEP submitted a State
Implementation Plan (SIP) revision containing a limited maintenance
plan and its associated contingency measures for the Warren County 1971
SO2 Nonattainment Area (Warren County SO2 NAA) to
ensure
[[Page 67652]]
that attainment of the SO2 NAAQS will continue to be
maintained. The EPA is taking final action to approve the requested SIP
revision and to redesignate the Warren County SO2 NAA from
nonattainment to attainment for the 1971 SO2 NAAQS.
DATES: This final rule is effective on October 2, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2021-0871. 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., Controlled
Unclassified Information (CUI) (formally referred to as Confidential
Business Information (CBI)) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, New York, New York
10007-1866, at (212) 637-3702, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
II. Environmental Justice Considerations
III. What comments were received in response to the EPA's proposed
action?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On August 14, 2023, the EPA proposed to redesignate the Warren
County SO2 NAA to attainment for the 3-hour, 24-hour, and
annual 1971 SO2 NAAQS, based on the demonstrated compliance
with the requirements of the redesignation criteria provided under CAA
section 107(d)(3)(E). The EPA also proposed to approve the limited
maintenance plan as a revision to the New Jersey SIP. NJDEP submitted
the redesignation request and SIP revision on November 15, 2021.
The specific details of New Jersey's redesignation request and SIP
revision, and the rationale for the EPA's approval action are explained
in the EPA's proposed rulemaking and are not restated in this final
action. For this detailed information, the reader is referred to the
EPA's August 14, 2023, proposed rulemaking (88 FR 54983).
II. Environmental Justice Considerations
NJDEP provided a supplement to its SIP submission on March 16,
2023, which described New Jersey's programs and initiatives addressing
the needs of communities with Environmental Justice (EJ) concerns.
The EPA performed an EJ analysis for the Warren County
SO2 NAA for the purpose of providing additional context and
information about this rulemaking to the public and not as a basis for
the action.
On August 14, 2023, we proposed to find that action would not have
or lead to disproportionately high or adverse human health or
environmental effects on communities with EJ concerns. For the specific
details regarding the EPA's evaluation of EJ considerations, the reader
is referred to the August 14, 2023, proposed rulemaking (88 FR 54983,
54994-54995).
III. What comments were received in response to the EPA's proposed
action?
The EPA provided a 30-day review and comment period for the August
14, 2023, proposed rule. The comment period ended on September 13,
2023. The EPA received no comments on the proposed action.
IV. What action is the EPA taking?
The EPA has evaluated New Jersey's redesignation request and
determined that it meets the redesignation criteria provided under CAA
section 107(d)(3)(E) and is consistent with Agency regulations and
policy. The EPA is approving New Jersey's request to redesignate the
Warren County SO2 NAA to attainment for the 3-hour, 24-hour,
and annual 1971 SO2 NAAQS. Additionally, the EPA is
approving the maintenance plan for the Warren County SO2 NAA
pursuant to section 175A of the CAA.
In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), the EPA finds there is good cause for this action to become
effective immediately upon publication. The immediate effective date
for this action is authorized under 5 U.S.C. 553(d)(1). Section
553(d)(1) of the APA provides that final rules shall not become
effective until 30 days after publication in the Federal Register
``except . . . a substantive rule which grants or recognizes an
exemption or relieves a restriction.'' The purpose of this provision is
to ``give affected parties a reasonable time to adjust their behavior
before the final rule takes effect.'' Omnipoint Corp. v. Fed. Commc'n
Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative
history). However, when the agency grants or recognizes an exemption or
relieves a restriction, affected parties do not need a reasonable time
to adjust because the effect is not adverse. The EPA has determined
that this rule relieves a restriction because this rule relieves
sources in the area of Nonattainment New Source Review (NNSR)
permitting requirements; instead, upon the effective date of this
action, sources will be subject to less restrictive Prevention of
Significant Deterioration (PSD) permitting requirements. For this
reason, the EPA finds good cause under 5 U.S.C. 553(d)(1) for this
action to become effective on the date of publication of this action.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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 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
[[Page 67653]]
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.
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.
The 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.'' The 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.''
NJDEP evaluated EJ considerations as part of its SIP submittal even
though the CAA and applicable implementing regulations neither prohibit
nor require an evaluation. The EPA's evaluation of the NJDEP's
environmental justice considerations is described above in the section
titled, ``Environmental Justice Considerations.'' The analysis was done
for the purpose of providing additional context and information about
this rulemaking to the public, not as a basis of the action. The EPA is
taking action under the CAA on reasoning independent of the NJDEP's
evaluation of environmental justice. Due to the nature of this action,
it is expected to have a neutral to positive impact on the air quality
of the affected area.
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 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 1, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. In Sec. 52.1570, the table in paragraph (e) is amended by adding
the entry for ``1971 Sulfur Dioxide Redesignation Request and
Maintenance Plan for the Warren County Area'', at the end of the table
to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or New Jersey
SIP element nonattainment submittal date EPA approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1971 Sulfur Dioxide New Jersey November 15, October 2, 2023, [insert Full
Redesignation Request and portion of the 2021. Federal Register approval.
Maintenance Plan for the Northeast citation].
Warren County Area. Pennsylvania-
Upper Delaware
Valley
Interstate Air
Quality Control
Region (Warren
County, New
Jersey).
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In Sec. 81.331 the table entitled ``New Jersey--1971 Sulfur Dioxide
NAAQS'' is amended by revising the entries under ``Northeast
Pennsylvania-Upper Delaware Valley Interstate AQCR'' to read as
follows:
Sec. 81.331 New Jersey.
[[Page 67654]]
New Jersey--1971 Sulfur Dioxide NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Does not meet Does not meet Better than
Designated area primary secondary Cannot be national
standards standards classified standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Northeast Pennsylvania-Upper Delaware Valley
Interstate AQCR:
The Township of Harmony................. ............... ................ .............. X
The Township of White................... ............... ................ .............. X
The Township of Oxford.................. ............... ................ .............. X
The Township of Belvidere............... ............... ................ .............. X
Portions of Liberty Township............ ............... ................ .............. X
Portions of Mansfield Township.......... ............... ................ .............. X
Remainder of AQCR....................... ............... ................ .............. X
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* * * * *
[FR Doc. 2023-21700 Filed 9-29-23; 8:45 am]
BILLING CODE 6560-50-P
