Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; New Jersey; 2015 Ozone Infrastructure Requirements, 25841-25849 [2024-07775]

Download as PDF Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules commercial operations or programs and policies.’’ EPD did not evaluate EJ 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 proposed action. Due to the nature of the action being proposed here, this proposed 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 proposed action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving EJ for people of color, low-income populations, and Indigenous peoples. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: April 5, 2024. Jeaneanne Gettle, Acting Regional Administrator, Region 4. [FR Doc. 2024–07703 Filed 4–11–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2022–0631; FRL–10786– 01–R2] Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; New Jersey; 2015 Ozone Infrastructure Requirements The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove certain elements of a State Implementation Plan (SIP) revision that New Jersey submitted to demonstrate that the State satisfies the infrastructure requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 2015 8-hour Ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components lotter on DSK11XQN23PROD with PROPOSALS1 VerDate Sep<11>2014 16:34 Apr 11, 2024 Jkt 262001 Written comments must be received on or before May 13, 2024. DATES: Submit your comments, identified by Docket ID Number EPA– R02–OAR–2022–0631 at https:// www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: of each State’s air quality management program are adequate to meet the State’s responsibilities under the CAA. Except as noted, this SIP revision satisfies the infrastructure requirements of the CAA for the 2015 ozone NAAQS. Edward Linky, Environmental Protection Agency, Air Programs Branch, Region 2, 290 Broadway, New York, New York 10007–1866, at (212) 637–3764, or by email at Linky.Edward@ epa.gov. SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is arranged as follows: I. What action is the EPA proposing? II. Background III. What infrastructure elements are required under section 110(a)(1) and (2)? IV. What is the EPA approach to review of infrastructure SIP Submissions? V. What did the State of New Jersey submit? PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 25841 VI. How has the State addressed the elements of section 110(a)(1) and (2)? VII. Environmental Justice Considerations VIII. What action is the EPA taking? IX. Statutory and Executive Order Reviews I. What Action is the EPA Proposing? The EPA is proposing to partially approve and partially disapprove elements of a SIP revision submitted by New Jersey on May 13, 2019, that address infrastructure SIP (iSIP) requirements for the 2015 8-hour ozone (2015 ozone) NAAQS. The EPA is proposing to approve the 2015 ozone infrastructure SIP revision for most elements. EPA is proposing to disapprove the portion of the submission that relates to prevention of significant deterioration (PSD). As explained more fully below, the disapproval portion of this action does not begin a new Federal Implementation Plan (FIP) clock, because the FIP is already in place. This action does not address the portion of the submission pertaining to the interstate transport requirements of section 110(a)(2)(D)(i)(I) (otherwise known as the ‘‘good neighbor’’ provision) with respect to the 2008 ozone NAAQS or the 2015 ozone NAAQS, since each was addressed in a previous EPA rulemaking. See 87 FR 55692 (September 12, 2022) (addressing the good neighbor element of the 2008 ozone NAAQS) and 88 FR 9336, (February 13, 2023) (addressing the good neighbor element of the 2015 ozone NAAQS). This action also does not address New Jersey’s negative declaration, demonstrating that no facilities exist in the State that are applicable to the Control Techniques Guidelines (CTG) for the Oil and Natural Gas Industry, which was included in this submittal but was addressed in a separate EPA rulemaking. See 85 FR 29627 (May 18, 2020). As explained below, the EPA is proposing to find that the State has the necessary infrastructure, resources, and general authority to implement the 2015 ozone NAAQS, except where specifically noted. The EPA is proposing to approve the New Jersey infrastructure SIP revision for the 2015 ozone NAAQS for section 110(a)(2) infrastructure elements with the exception of elements, or portions of elements, C, D, and J as explained below. The proposed approval of the other section 110(a)(2) elements of the iSIP is principally based on the New Jersey Department of Environmental Protection (NJDEP) having the authority and resources to develop, enforce and maintain that the elements of an iSIP are in conformance with the requirements E:\FR\FM\12APP1.SGM 12APP1 25842 Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules of the CAA section 110(a)(1) and (2). EPA proposes to disapprove the PSD portions of elements (C), D(i)(II), as well as D(ii), and J since New Jersey, even though it accepted delegation of, and implements, the Federal PSD program, does not have a SIP-approved PSD program and is under a Federal Implementation Plan (FIP). See 40 CFR 52.1603. This determination is explained in Section VI of this document. II. Background On October 1, 2015, the EPA promulgated a revision to the ozone NAAQS.1 section 110(a)(1) of the CAA provides the procedural and timing requirements for SIPs. Section 110(a)(2) of the CAA lists specific elements that States must meet for SIP requirements related to a newly established or revised NAAQS. Sections 110(a)(1) and (2) of the CAA require, in part, that States submit to the EPA plans to implement, maintain and enforce each of the NAAQS promulgated by the EPA. By statute, SIPs meeting the requirements of sections 110(a)(1) and (2) are to be submitted by States within three years after promulgation of a new or revised standard. The EPA refers to this type of SIP submission as the ‘‘infrastructure’’ SIP because the SIP ensures that States can implement, maintain and enforce the air standards. On May 13, 2019, the NJDEP submitted to then Regional Administrator, Peter D. Lopez, a SIP revision that addresses infrastructure SIP requirements for the 2015 ozone NAAQS.2 The submittal was deemed complete by operation of law. We propose to approve all elements of the submittal except a portion of Element (C), Elements (D)(i)(II) and (ii), and a portion of Element (J), which we propose to disapprove. New Jersey does lotter on DSK11XQN23PROD with PROPOSALS1 1 National Ambient Air Quality Standards for Ozone, Final Rule, 80 FR 65292 (October 26, 2015). Although the level of the standard is specified in the units of ppm, ozone concentrations are also described in parts per billion (ppb). For example, 0.070 ppm is equivalent to 70 ppb. 2 As discussed in section I of this document, the May 2019 SIP submittal addressed infrastructure requirements related to section 110(a)(2)(D)(i)(I) (i.e., good neighbor provision for the 2008 and 2015 ozone NAAQS, which EPA acted on separately. EPA finalized disapproval of the good neighbor provision for the 2008 ozone NAAQS. 87 FR 55692 (September 12, 2022). EPA finalized disapproval of the good neighbor provision for the 2015 ozone NAAQS. 88 FR 9336 (February 13, 2023). The May 2019 SIP submittal also included a negative declaration from the State that the Control Techniques Guidelines (CTG) for the Oil and Natural Gas Industry do not pertain to New Jersey since there are no source operations referenced in the CTG that are located in New Jersey. The EPA approved the State’s negative declaration at 85 FR 29627 (May 18, 2020). VerDate Sep<11>2014 16:34 Apr 11, 2024 Jkt 262001 not have a SIP-approved PSD program and therefore has not addressed the PSD permit program requirements of part C if title I of the CAA. The EPA recognizes, however, that New Jersey has elected to comply with the Federal PSD requirements by accepting delegation of the Federal rules and has been successfully implementing this program for many years. New Jersey is already subject to a FIP which incorporates by reference the Federal PSD provisions as codified in 40 CFR 51.21, with the exception of paragraph (a)(1), into the implementation plan for the State. 40 CFR 52.1603. If the proposed disapproval of these aspects of the submittal is finalized, no further action is necessary, beyond the FIP which is in place, until such time as NJDEP submits, and EPA approves, a revision to its SIP regarding the PSD portions of those elements. The 2015 submission states there is no change to the status of these elements, and thus those portions are being disapproved. The EPA does not anticipate any adverse consequences to New Jersey if this proposed disapproval of the PSD related portions of New Jersey’s 2015 ozone infrastructure SIP submittal is finalized. Mandatory sanctions would not apply to New Jersey under CAA section 179 because the failure to submit a PSD SIP is neither required under title I part D of the CAA, nor in response to a SIP call under section 110(k)(5) of the CAA. The EPA would not be subject to any further FIP duty because of the PSD FIP that has already been approved and that addresses the SIP deficiency. III. What infrastructure elements are required under Sections 110(a)(1) and (2)? CAA section 110(a)(1) provides the procedural and timing requirements for SIP submissions after a new or revised NAAQS is promulgated. Section 110(a)(2) lists specific elements the SIP must contain or satisfy. These infrastructure elements include requirements such as modeling, monitoring, and emissions inventories, which are designed to ensure attainment and maintenance of the NAAQS. The elements that are the subject of this action are listed below. • Section 110(a)(2)(A): Emission limits and other control measures. • Section 110(a)(2)(B): Ambient air quality monitoring/data system. • Section 110(a)(2)(C): Program for enforcement of control measures. • Section 110(a)(2)(D): Interstate transport. • Section 110(a)(2)(E): Adequate resources and authority, conflict of PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 interest, and oversight of local governments and regional agencies. • Section 110(a)(2)(F): Stationary source monitoring and reporting. • Section 110(a)(2)(G): Emergency powers. • Section 110(a)(2)(H): Future SIP revisions. • Section 110(a)(2)(J): Consultation with government officials; public notification; and PSD and visibility protection. • Section 110(a)(2)(K): Air quality modeling/data. • Section 110(a)(2)(L): Permitting fees. • Section 110(a)(2)(M): Consultation/ participation by affected local entities. A description of how the State has met the requirements of these elements is more fully described in section VI. IV. What is the EPA approach to review of infrastructure SIP submissions? Due to the ambiguity of some of the language of CAA section 110(a)(2), the EPA believes it is appropriate to interpret these provisions in the specific context of acting on infrastructure SIP submissions. The EPA previously provided comprehensive guidance on the application of these provisions through a guidance document for infrastructure SIP submissions and through regional actions on infrastructure submissions.3 Unless otherwise noted below, we are following that existing approach in acting on this submission. In addition, in the context of acting on such infrastructure submissions, the EPA evaluates the submitting State’s SIP for facial compliance with statutory and regulatory requirements, not for the State’s implementation of its SIP.4 The EPA has other authority to address issues concerning a State’s implementation of its SIP. V. What did the State of New Jersey submit? On May 13, 2019, New Jersey requested EPA review and approve a SIP submittal addressing infrastructure and transport requirements for CAA section 110(a)(1) and (2) for the 2015 ozone NAAQS; transport requirements for CAA section 110(a)(2) for the 2008 ozone NAAQS; and a negative declaration for the Oil and Natural Gas 3 The EPA explains and elaborates on these ambiguities and its approach to address them in its ‘‘Guidance on State Infrastructure Plan (SIP) Elements under Clean Air Act sections 110(a)(1) and 110 (a)(2),’’ Memorandum from Stephen D. Page, September 13, 2013. 4 United States Court of Appeals for the Ninth Circuit decision in Montana Environmental Information Center v. Thomas, 902 F.3d 971 (August 30, 2018). E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules Control Techniques Guidelines (CTG). The EPA is acting on the portion of the New Jersey SIP submittal that addresses infrastructure SIP requirements for the 2015 ozone NAAQS. As noted previously, the portion pertaining to the ‘‘good neighbor’’ provision with respect to the 2008 and 2015 ozone NAAQS and the negative declaration were addressed separately. The New Jersey 2015 ozone NAAQS infrastructure SIP submission demonstrates how the State, where applicable, has plans in place that meet the requirements of section 110 (a)(1) and (2) for the 2015 ozone NAAQS. The SIP submission includes a certification that the existing New Jersey SIP contains adequate provisions to address the requirements of the CAA section 110(a)(1) and (2), with the exception of section 110(a)(2)(D)(i)(I) for the ‘‘good neighbor’’ SIP, as it pertains to the 2015 ozone NAAQS. New Jersey certified in the submission that there has been no change in authority with respect to the infrastructure requirements for the NJDEP to regulate, carry-out and enforce the 2015 ozone NAAQS. In its May 2019 submittal, the State indicated that the contents of the SIP remain the same as those approved for the New Jersey Multi-Pollutant Infrastructure SIP submitted to EPA on October 17, 2014 (2014 Multi-Pollutant iSIP), except for the changes described in ‘‘Table 1: Changes to New Jersey’s Infrastructure SIP’’ of the May 2019 submittal, which include updates of existing rules. New Jersey’s 2014 MultiPollutant iSIP submittal was approved by EPA. 83 FR 24661 (May 30, 2018). The State’s May 13, 2019, submittal is available within the electronic docket for today’s proposed action at www.regulations.gov. lotter on DSK11XQN23PROD with PROPOSALS1 VI. How has the State addressed the elements of section 110(a)(1) and (2)? The EPA’s evaluation and rationale for proposing action on New Jersey’s Infrastructure SIP for the 2015 ozone NAAQS is discussed below. The EPA notes that for the proposed approval of several elements of this action, which were also addressed in New Jersey’s 2014 Multi-Pollutant iSIP and which New Jersey asserts are unchanged, EPA’s rationale for approval is consistent.5 The State’s submission and the EPA’s analysis: 5 See 83 FR 24661 (May 30, 2018). VerDate Sep<11>2014 16:34 Apr 11, 2024 Jkt 262001 Element A—Emissions Limits and Other Control Measures Section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures, means, or techniques, and schedules for compliance. The submittal indicates that New Jersey has the necessary authority under the Air Pollution Control Act (APCA) at New Jersey Statutes Annotated (NJSA) 26:2C–8, 26:2C–9, and 26:2C–19, and has established enforceable limits for all criteria pollutants in its rules at NJAC 7:27. Several times in its submittal New Jersey notes that it has adopted rule amendments that affect NJAC 7:27 and NJAC 7:27A certifies that these changes do not affect the State’s ability to enforce control measures or regulate the modification and construction of any stationary source within the area covered by the SIP as necessary for the 2015 ozone NAAQS.6 The EPA has reviewed the authority identified by New Jersey in its submittal and is proposing to find that New Jersey has met the requirements of section 110(a)(2)(A) of the CAA with respect to the 2015 Ozone NAAQS based on the enforceable emission limits and other control measures identified. Element B—Ambient Air Quality Monitoring Data System Section 110(a)(2)(B) requires SIPs to include provisions to provide for the establishment and operation of ambient air quality monitors, to monitor, compile, and analyze ambient air quality data, and to make these data available to the EPA upon request. New Jersey states that its authority related to Element B remains the same as that approved for the 2014 MultiPollutant iSIP. New Jersey identifies its authority at NJSA 26:2C–9.a, to conduct ambient air quality monitoring and to report the results.7 New Jersey states that its annual air quality reports are 6 New Jersey states that the changes are related to Air Emission Control and Permitting Exceptions, Hazardous Air Pollutant Reporting Thresholds, and the Clean Air Interstate Rule (CAIR) Nitrogen Oxides (NOX) Trading Program and the NOX Budget Trading Program (50 NJR 454(a), January 16, 2018). New Jersey states that these changes are based on New Jersey’s experience with Super Storm Sandy, updated data, and new methodologies to determine hazardous air pollutant (HAP) thresholds, changes in Federal requirements regarding State programs to address emissions of Nitrogen Oxides, and discussions New Jersey has held with community and environmental groups. New Jersey advises that rule amendments have also been adopted related to Tertiary Butyl Acetate (TBAC) emissions reporting, to ensuring consistency between major and minor permits, and for Gasoline Transfer Operations (49 NJR 3590(a), November 20, 2017). 7 See 83 FR 24661. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 25843 posted on New Jersey’s air quality monitoring internet site at https:// www.njaqinow.net. The EPA is proposing to find that New Jersey has met the requirements of section 110(a)(2)(B) of the CAA with respect to the 2015 Ozone NAAQS. Element C—Programs for Enforcement of Control Measures and Construction or Modification of Stationary Sources Section 110(a)(2)(C) requires states to have a plan that includes a program providing for enforcement of all SIP measures, regulation of minor sources and minor modifications, and the regulation of the modification and construction of any stationary source, including a program to meet Prevention of Significant Deterioration (PSD) of Air Quality. The three sub-elements of Element C are addressed below. Enforcement of SIP Measures Statewide enforcement of new and modified sources, minor modifications of minor sources, and major modifications in areas designated as an attainment area or as an unclassifiable area for the 2015 Ozone NAAQS, is required by title I of the Clean Air Act part C (Major Sources of Prevention of Significant Deterioration). New Jersey’s submittal identifies N.J.S.A. 26:2C–9.b and 9.1 and N.J.S.A. 13:1D–9 as its authority for the creation of enforcement and permitting programs that meet CAA requirements. New Jersey’s submittal further explains that the enforcement of all control measures, including the air permitting program for regulating stationary sources, is governed by N.J.S.A. 26:2C–19. New Jersey states that enforcement and permitting programs operate under rules designated in NJAC 7:27 and 7:27A. EPA proposes to find that New Jersey has adequate authority to conduct enforcement programs for the 2015 ozone NAAQS.8 Regulation of Minor Sources and Minor Modifications New Jersey’s submittal asserts that its authority at N.J.S.A. 26:2C–9.b and 9.1 and N.J.S.A. 13:1D–9 provide for the creation and enforcement and permitting programs that meet the CAA requirements. New Jersey’s indicates that enforcement of all control measures, including the air permitting programs for regulation of stationary sources is governed by N.J.S.A. 26:2C– 19. New Jersey’s enforcement and permitting programs are operated under rules designated in NJAC 7:27 and NJAC 7:27A. 8 See E:\FR\FM\12APP1.SGM 83 FR 24661 (May 30, 2018). 12APP1 25844 Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules The minor source permitting aspect of section 110(a)(2)(C) is not governed by the three-year submission deadline of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not due within 3 years after promulgation of a new or revised NAAQS, but rather due at the time that the nonattainment area plan requirements are due pursuant to CAA title I, part D, section 172. See ‘‘Guidance on State Infrastructure Plan (SIP) Elements under Clean Air Act sections 110(a)(1) and 110 (a)(2),’’ Memorandum from Stephen D. Page, September 13, 2013. Therefore, we are not acting on this sub-element. lotter on DSK11XQN23PROD with PROPOSALS1 Preconstruction Permitting Program for Major Sources and Major Modifications The preconstruction permitting program includes State regulations for both nonattainment and attainment or unclassifiable areas. The Permit program for nonattainment areas (known as ‘‘nonattainment new source review’’) is considered by the EPA as outside the scope 9 of infrastructure SIP actions and is not addressed in this action. The preconstruction permitting program known as ‘‘prevention of significant deterioration’’ (PSD) is applicable when a major source located in an attainment area or unclassifiable area, for any criteria pollutant, is constructed or undergoes a major modification. As NJDEP recognizes in the submittal, New Jersey does not have an approved State PSD preconstruction permitting program for major sources and major modifications. as required by part C of the CAA. New Jersey accepted delegation of the administration of the PSD program from EPA. As a result, EPA’s regulations at 40 CFR 52.21 have been incorporated into New Jersey’s applicable State plan. See 40 CFR 52.1603(b). New Jersey implements and enforces the Federal PSD program through the delegation agreement. New Jersey’s delegated PSD program evaluates the impact of new or modified sources to prevent a violation of the NAAQS and meet the Federal PSD permitting requirements. EPA is proposing to approve the portion of section 110(a)(2)(C) addressing enforcement with respect to the 2015 ozone NAAQS. EPA is not acting on the minor source permitting aspect of section 110(a)(2)(C) as is not governed by the three-year submission 9 See Guidance on State Infrastructure Plan (SIP) Elements under Clean Air Act sections 110(a)(1) and 110 (a)(2),’’ Memorandum from Stephen D. Page, September 13, 2013. VerDate Sep<11>2014 16:34 Apr 11, 2024 Jkt 262001 deadline of section 110(a)(1) but is due at the time that the nonattainment area plan requirements are due pursuant to CAA section 172. Because New Jersey does not have a SIP approved PSD program, the EPA is proposing to disapprove the portion of section 110(a)(2)(C) of the CAA addressing PSD. Element D—Interstate Transport CAA section 110(a)(2)(D) is divided into two subsections, section 110(a)(2)(D)(i) and section 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) requires SIPs to address four separate elements. Section 110(a)(2)(D)(i)(I) provides that each State’s SIP must include provisions prohibiting any source or other type of emissions activity in one State from contributing significantly to: (1) Nonattainment, or (2) interfering with maintenance of the NAAQS in another State (referred to as prongs 1 and 2 or ‘‘good neighbor’’ provision). Section 110(a)(2)(D)(i)(II) provides that each State’s SIP must include provisions prohibiting any source or other type of emissions activity in one State emitting any pollutants in amounts which will interfere with measures required to (3) prevent significant deterioration of air quality or to (4) protect visibility in another State (referred to as prongs 3 and 4). CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions ensuring compliance with the applicable requirements of CAA sections 126 and 115 (relating to interstate and international pollution abatement). CAA section 126 requires notification to neighboring states of potential impacts from a new or modified major stationary source and specifies how a State may petition the EPA when a major source or group of stationary sources in a State is thought to contribute to certain pollution problems in another State. CAA section 115 requires a State to revise its SIP to reduce pollution endangering public health and welfare in a foreign country, where EPA had made a finding that the State’s SIP was inadequate. CAA Section 110(a)(2)(D)(i) In this action for New Jersey, with respect to CAA section 110(a)(2)(D)(i), the EPA is only addressing section 110(a)(2)(D)(i)(II), specifically prong 3 (i.e., interference with PSD) and prong 4 (i.e., to protect visibility). The EPA has addressed section 110(a)(2)(D)(i)(I) with respect to the 2015 ozone infrastructure SIP, as noted previously, in another action. See 88 FR 9336 (February 13, 2023). PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 New Jersey has certified that its already approved SIP contains provisions to adequately satisfy CAA section 110(a)(2)(D)(i)(II). New Jersey has indicated that there are no changes to how New Jersey previously addressed CAA section 110(a)(2)(D)(i)(II) as indicated in the State’s 2014 MultiPollutant iSIP. The EPA finalized action on CAA section 110(a)(2)(D)(i)(II), prongs 3 and 4, for New Jersey’s 2014 Multi-Pollutant iSIP at 81 FR 64070 (September 19, 2016). The EPA disapproved the portions of New Jersey’s October 17, 2014, SIP submission addressing prong 3 based on the State not having an approved PSD program. However, the EPA approved the portions addressing prong 4 based on New Jersey’s fully approved regional haze plan from the 1st implementation period, finalized January 3, 2012. The State has not submitted any additional information regarding how it has satisfied section 110(a)(2)(D)(i)(II), prongs 3 and 4 for its 2015 ozone NAAQS infrastructure SIP. Under section 110(a)(2)(D)(i)(II), (prong 3), SIPs are required to have provisions prohibiting emissions that would interfere with measures required to be in another state’s SIP under part C of the CAA to prevent significant deterioration of air quality. As discussed earlier in section VI, New Jersey’s SIP is not approved with respect to the PSD permit program required by part C of the CAA. As a result, EPA’s regulations at 40 CFR 52.21 have been incorporated into New Jersey’s applicable State plan. 40 CFR 52.1603(b). New Jersey has been delegated authority by EPA to implement 40 CFR 52.21. Although New Jersey has been successfully implementing the program, a state’s infrastructure SIP submittal cannot be considered for approvability with respect to prong 3 until EPA has issued final approval of that State’s PSD SIP, or, alternatively, has issued final approval of a SIP that EPA has otherwise found adequate to prohibit interference with other State’s measures to prevent significant deterioration of air quality. Therefore, EPA is proposing to disapprove New Jersey’s 110(a) submission for the 2015 8-hour Ozone NAAQS for prong 3 of section 110(a)(2)(D)(i)(II) because New Jersey is currently subject to a FIP and does not have a PSD SIP. This disapproval will not trigger any sanctions or additional FIP obligation, since the FIP is already in place. This action will have no discernible effect on the current implementation of the PSD program in New Jersey, as the State is already E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 implementing a well-established PSD program through EPA delegation. Regarding prong 4, the 2013 Guidance lays out how a State’s infrastructure SIP may satisfy prong 4. In the 2nd implementation period, confirmation that the State has a fully approved regional haze SIP that fully meets the requirements of 40 CFR 51.308 or 51.309 will satisfy the requirements of prong 4.10 New Jersey addresses its visibility protection requirements for the 2015 Ozone NAAQS through its regional haze SIP submittals. To address regional haze visibility impairment, the EPA promulgated the Regional Haze Rule on July 1, 1999 (64 FR 35714, July 1, 1999), which was then amended in 2017 (82 FR 3078, January 10, 2017). The Regional Haze Rule specifically requires States to periodically submit SIPs to the EPA to ensure that emissions from sources within the State are not interfering with measures to protect visibility in Class I Federal areas both within their State and downwind of their State.11 New Jersey submitted its regional haze SIP for the first implementation period to the EPA on July 28, 2009.12 The EPA published approval of New Jersey’s regional haze first implementation period SIP submission on January 3, 2012 (77 FR 19, January 3, 2012). The first implementation period of the regional haze program ran from 2007 through 2018. On March 26, 2020,13 New Jersey submitted a revision to the SIP to address its regional haze obligations for the second implementation period, which runs through 2028. The EPA 10 The EPA acknowledges that in the 2013 Guidance, we indicate that the EPA may find it appropriate to supplement the guidance regarding the relationship between regional haze SIPs and prong 4 after second implentation period SIPs become due, which occurred on July 31, 2021. After a review of the 2013 guidance and the second implementation period regional haze requirements, the EPA maintains the interpretation that a fully approved regional haze SIP satisfies Prong 4 requirements in the second implentation period. 11 Areas designated as mandatory Class I Federal areas consist of national parks exceeding 6,000 acres, wilderness areas and national memorial parks exceeding 5,000 acres, and all international parks that were in existence on August 7, 1977. CAA section 162(a). In accordance with section 169A of the CAA, the EPA, in consultation with the Department of Interior, promulgated a list of 156 areas where visibility is identified as an important value. 44 FR 69122 (November 30, 1979). When we use the term ‘‘Class I area’’ in this action, we mean any one of the 156 ‘‘mandatory Class I Federal areas’’ where visibility has been identified as an important value. 12 New Jersey supplemented its SIP submission on December 9, 2010, March 2, 2011, and December 7, 2011. 13 New Jersey supplemented its SIP submission on September 8, 2020, and April 1, 2021. VerDate Sep<11>2014 16:34 Apr 11, 2024 Jkt 262001 published approval at 88 FR 78650 (November 16, 2023). The regional haze rule requires that a State participating in a regional planning process include all measures necessary to achieve its apportionment of emission reduction obligations agreed upon through that process.14 States are also required to consult with States to develop coordinated emission management strategies that contain the emission reductions necessary for visibility improvement.15 Each State must then include in their regional haze SIP submission all measures agreed to during the state-to-state consultations, or an equivalent regional planning process.16 In the EPA’s approval of New Jersey’s Regional Haze Plans, the EPA has determined that the plans contain both New Jersey’s apportionment of emission reductions that were determined to be reasonable in the first implementation period for the State through the regional planning process, and that New Jersey has demonstrated that it included in its second implementation period measures that were the result of a coordinated emission management strategy that will provide for visibility improvement. Overall, New Jersey’s Regional Haze Plans ensure that emissions from the State would not interfere with the reasonable progress goals for Class I areas that New Jersey’s emissions are expected to impact. Thus, New Jersey’s approved regional haze SIPs from the 1st and 2nd planning periods ensure that emissions from sources within the State are not interfering with measures to protect visibility in other States. Therefore, EPA proposes to find for the 2015 8-hour ozone NAAQS that New Jersey satisfies the section 110(a)(2)(D)(i)(II) requirement for visibility (prong 4). CAA Section 110(a)(2)(D)(ii) New Jersey has certified that its already approved SIP contains provisions to adequately satisfy CAA section 110(a)(2)(D)(ii). New Jersey has indicated that there are no changes to how New Jersey previously addressed CAA section 110(a)(2)(D)(ii) as indicated in the State’s 2014 Multi-Pollutant iSIP that was submitted to the EPA on October 17, 2014. The EPA finalized action on elements of New Jersey’s 2014 Multi-Pollutant iSIP at 83 FR 24661 (May 30, 2018). However, as previously indicated, the EPA did not take action on the PSD portions of section 110(a)(2)(C), 14 40 CFR 51.308(d)(3)(ii), (iii). at (f)(2)(ii). 16 Id. at (f)(2)(ii)(A). 15 Id. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 25845 110(a)(2)(J), and 110(a)(2)(D) in that action. As explained in the EPA’s proposed approval 17 of New Jersey’s 2014 Multi-Pollutant iSIP at 83 FR 8818, the EPA found New Jersey’s October 17, 2014, infrastructure submittal administratively and technically complete in accordance with 40 CFR part 51, appendix V, except for the portions addressing the infrastructure elements in section 110(a)(2)(C), 110(a)(2)(D)(i (II), 110(a)(2)(D)(ii) relating to the permitting program for PSD, and 110(a)(2)(J). As a result of the incompleteness finding,18 the EPA did not take action on the PSD portions of section 110(a)(2)(C), 110(a)(2)(J), and 110(a)(2)(D)(ii) and stated that it would not do so until New Jersey submits a SIP to address the PSD permit program requirements of part C of title I of the CAA. As discussed earlier in this section, the 2015 8-hour ozone infrastructure SIP was determined complete by operation of law. The EPA is therefore taking action on section 110(a)(2)(D)(ii) for the 2015 8-hour ozone infrastructure SIP. Section 110(a)(2)(D)(ii) requires SIPs to include provisions ensuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement). Section 126(a) requires new or modified major sources to notify neighboring States of potential impacts from the source. Sections 126(b) and 126(c) of the CAA address requirements applicable to State petitions to the EPA concerning a major source or group of sources emitting prohibited amounts of air pollutants which will contribute significantly to nonattainment or interfere with maintenance of the NAAQS in another State. Section 115(a) and 115(b) address requirements applicable to State plans requiring revisions to reduce the air pollutants endangering public or welfare in a foreign country. In accordance with NJAC 7:27– 22.11(k), New Jersey sends communications to all nearby States (Maryland, Pennsylvania, New York, and Connecticut) regarding all T itle V operating permit actions, which include all PSD permits and New Source Review (NSR) permits for new or modified sources. New Jersey has no source or sources within the State that are the subject of an active finding under section 126 of the CAA with respect to the 2015 8-hour ozone NAAQS. Additionally, there are no final findings under section 115 of 17 See 83 FR 24661 (May 30, 2018). EPA sent a letter to NJDEP notifying them of the determination on October 28, 2014. 18 The E:\FR\FM\12APP1.SGM 12APP1 25846 Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 the CAA against New Jersey with respect to the 2015 ozone NAAQS. Although New Jersey has no pending obligations under section 115 or 126(b), the State relies on the Federal PSD program requirements of 40 CFR 52.21(q), (which provides for notification of affected State and local air agencies) to satisfy the notification requirements under section 126(a) of the CAA. As such, New Jersey’s program is considered technically deficient and not approvable. Therefore, we are proposing to disapprove New Jersey’s submission for infrastructure element section 110(a)(2)(D)(ii) for the 2015 8-hour ozone NAAQS. This disapproval will not trigger any sanctions or additional FIP obligation, since the FIP is already in place. Element E—Adequate Resources and Authority, Conflict of Interest and Oversight of Local Governments and Regional Agencies Section 110(a)(2)(E) requires each State to provide necessary assurances that the State will: (i) Have adequate personnel, funding, and authority under State law to carry out the SIP (and is not prohibited by any provision of Federal or State law from carrying out the SIP or portion thereof), (ii) will comply with the requirements respecting State boards under CAA section 128, and (iii) where the State has relied on a local or regional government, agency, or instrumentality for the implementation of any SIP provision, the State has responsibility for ensuring adequate implementation of such SIP provision. In its submittal, New Jersey states that this element of the SIP is unchanged from New Jersey’s 2014 Multi-Pollutant iSIP submittal that EPA previously approved.19 New Jersey cites NJSA 13:1D–9 to demonstrate that it meets the requirements of section 110(a)(2)(E)(i). In addition, NJSA 26:2C–9.b(6) enables New Jersey to receive funds from Federal, State and interstate bodies for the study and control of air pollution.20 New Jersey also meets the requirements of section 110(a)(2)(E)(ii). Since NJDEP does not have any State boards to approve permits or enforcement orders, and NJDEP’s Commissioner is responsible for such actions, CAA section 128(a)(1) is not applicable to NJDEP. With respect to CAA section 128(a)(2), New Jersey submitted for approval into the SIP applicable sections of the New Jersey’s Conflicts of Interest Law, specifically NJSA 52:13D–14 and 52:13D–16(a) and (b) and 52:13D–21(n), necessary to 19 See 83 FR 24661 (May 30, 2018). 20 Id. VerDate Sep<11>2014 16:34 Apr 11, 2024 Jkt 262001 substantively meet the requirements of CAA section 128(a)(2) that deal with conflict of interest. To address delegation of authority, section 110(a)(2)(E)(iii), New Jersey identified the specific organizations that will participate in developing, implementing, and enforcing the plan and the responsibilities of such organizations.21 The EPA proposes to approve the New Jersey submittal pursuant to section section 110(a)(2)(E) with respect to the 2015 Ozone NAAQS. Element F—Stationary Source Monitoring and Reporting Section 110(a)(2)(F) requires States to establish a system to monitor emissions from stationary sources and to submit periodic emission reports. New Jersey’s submittal notes that both major and minor sources are required to monitor and report emissions. The NJDEP has authority, pursuant to NJSA 26:2C–9.2, to require emissions testing from stationary sources, pursuant to NJSA 26:2C–9 and specifically NJSA 26:2C–9.b(3) to require emission statement reports from stationary sources, and NJSA 26:2C– 9.b(4) to requires emission information to be made available to the public. Based on the State’s legal authority at NJSA 26:2C–9 and the State’s regulatory requirements for stationary sources to monitor and report emissions at NJAC 7:27–8 (for minor sources) and NJAC 7:27–22 (for major sources) and at NJAC 7:27–21 to require the submission of annual emission statements from major sources), EPA is proposing to find that New Jersey has met the requirements of section 110 (a)(2)(F). Based on New Jersey’s certification that the updated regulations, NJAC 7:27–8 and 7:27–22, do not affect the State’s ability to enforce control measures or regulate the modification and construction of stationary sources within the areas covered by the SIP as necessary for the 2015 ozone NAAQS, and consistent with EPA’s previous approval of Element F,22 the EPA proposes to approve the New Jersey submittal pursuant to section 110(a)(2)(F) with respect to the 2015 Ozone NAAQS. Element G—Emergency Powers Section 110(a)(2)(G) requires States to provide for emergency authority to address activities causing imminent and substantial endangerment to public health and requires States to submit 21 See New Jersey’s County Environmental Health Act (CEHA), N.J.S.A. 26:3A2–21. 22 See 83 FR 24662. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 adequate contingency plans to implement the emergency episode provisions in their SIPs. The EPA requires that Infrastructure SIP submittals meet the applicable contingency plan requirements of 40 CFR part 51, subpart H (40 CFR 51.150 through 51.153) (‘‘Prevention of Air Pollution Emergency Episodes’’). Subpart H requires States that have air quality control regions identified as either Priority I, Priority IA, or Priority II to develop emergency episode contingency plans. New Jersey continues to be required to prepare emergency episode contingency plans for the 2015 ozone NAAQS, which is required 23 for Priority I areas for ozone. EPA’s review of ambient air monitoring data since the previous approval of Element G indicates that since 2018, the 1-hour maximum measured, certified and quality assured values (1-hour varies from 0.070ppm to 0.135ppp ppm) was above the threshold level for ozone (0.10 ppm 1-hour maximum) for Priority I areas. In its submittal, New Jersey certified there is no change to this element. EPA notes that New Jersey’s authority continues to be provided in New Jersey’s Air Pollution Emergency Control Act (NJSA 26:2C–26 et seq.), which is implemented through NJAC 7:27–12, as incorporated into the SIP, and contains New Jersey’s emergency episode contingency plans. The emergency criteria levels are used by the State in announcing air pollution alerts, warnings or emergencies.24 Based on this submittal and consistent with EPA’s previous approval of Element G,25 the EPA proposes to approve the New Jersey submittal pursuant to section 110(a)(2)(G) with respect to the 2015 Ozone NAAQS. Element H—Future SIP Revisions This section requires that a State’s SIP provide for revision as may be necessary to take account of changes in the NAAQS or availability of improved methods for attaining the NAAQS and whenever the EPA finds that the SIP is substantially inadequate. The NJDEP is provided the authority by NJSA 13:1D– 9 to formulate comprehensive policies ‘‘for the conservation of the natural resources of the State.’’ EPA proposes to find that the State has adequate authority to develop and implement plans and programs that fulfill the requirements of this section. 23 See 40 CFR 51.150. New Jersey. 83 FR 24662. 25 See, 83 FR 24662. 24 See E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 In its SIP submittal, New Jersey certifies that there is no change to this element. Based on New Jersey’s submittal and, consistent with EPA’s prior approval of Element H,26 the EPA proposes to approve the New Jersey submittal pursuant to section 110(a)(2)(H) with respect to the 2015 Ozone NAAQS. Element J—Consultation With Government Officials, Public Notification, and PSD and Visibility Protection In its SIP submittal, New Jersey certifies that there is no change to this element. Section 121 requires a process for consultation with local governments and Federal Land Managers carrying out NAAQS implementation requirements. NJSA 26:2C–8 provides the NJDEP with the power to formulate and promulgate codes, rules and regulations preventing, controlling and prohibiting air pollution provided that the public has an opportunity to comment during the public participation process. Further, New Jersey has created a Clean Air Council (NJSA 26:2C–3.2–3.3) which includes members from various associations including the New Jersey State League of Municipalities and New Jersey Freeholder’s Association. EPA proposes that New Jersey has adequate authority to meet the requirements of this subsection. The NJDEP has procedures in place to notify the public when air quality standards deteriorate and exceed the NAAQS. It maintains a website which provides information on current air quality status, air quality forecasts, monitoring information, reports and pertinent information related to air quality readings. NJDEP participates with surrounding States in submitting and compiling air quality data and making this information available to press, news outlets, State websites and through the use of EPA’s air notification system, EnviroFlash. EPA is proposing to find that New Jersey has adequate procedures for notifying the public of air quality concerns and disseminating information on ways to avoid health problems and reduce exposure when necessary. EPA proposes to find that New Jersey has adequate authority, under NJSA 13:1D–9, to carry out its SIP obligation. New Jersey is currently subject to a PSD FIP. The approvability of a State’s PSD program in its entirety is essential to the approvability of the PSD subelement of Element J. EPA is therefore proposing to disapprove the PSD subelement of Element J. This disapproval 26 See, 83 FR 24662. VerDate Sep<11>2014 16:34 Apr 11, 2024 Jkt 262001 will not trigger any sanctions or additional FIP obligation, since the FIP is already in place. This action will have no discernible effect on the current implementation of the PSD program in New Jersey, as the State is already implementing a well-established PSD program through EPA delegation. EPA is not addressing the section 110(a)(2)(J) sub-element related to visibility. According to EPA’s interpretation, there are no newly applicable visibility protection obligations pursuant to Element J after the promulgation of a new or revised NAAQS.27 Element K—Air Quality Modeling and Submission of Modeling Data Section 110(a)(2)(K) requires that SIPs provide for air quality modeling for predicting effects on air quality of emissions from any NAAQS pollutants and submission of such data to EPA upon request. In its submittal New Jersey certifies that this element of the SIP is unchanged from New Jersey’s 2014 Multi-Pollutant iSIP previously approved by EPA. EPA proposes to find that New Jersey’s regulations provide for performance of air-quality modeling, including modeling for attainment plans, permits and redesignation requests. NJAC 7:27–8.5 and 7:27–22.8. New Jersey has broad statutory authority under NJSA 13:1D–9 and NJSA 2C–8 and 2C–19. EPA proposes to find that the State has adequate authority to perform air quality modeling that fulfills the requirements of this section. Element L—Permitting Fees This section requires SIPs to require each major stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a permit. New Jersey certifies that this element of the SIP is unchanged from New Jersey’s 2014 Multi-Pollutant iSIP previously approved by EPA. Effective November 30, 2001, EPA granted full approval to New Jersey’s title V Operating Permit Program. 66 FR 63168 (December 5, 2001). New Jersey’s operating permits regulation, at NJSA 7:27–22, contains specific detailed provisions for assessing permit fees (contained in NJAC 7:27–22.31). The authority to require these fees in subchapter 22 is provided by NJSA 26:2C–9.b.(7), NJSA 27 ‘‘Guidance on Infrastructure State Implementation (SIP) Elements Under Clean Air Act sections 110(a)(1) and (110(a)(2, Memorandum from Stephen D. Page, September 13, 2013, available at https://www.epa.gov/sites/default/files/ 2015-12/documents/guidance_on_infrastructure_ sip_elements_multipollutant_final_sept_2013.pdf. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 25847 26:2C–9.5 and NJSA 26:2C–9.6. NJDEP’s infrastructure SIP submittal meets all the requirements of EPA’s October 2013 infrastructure guidance for section 110(a)(2)(L). Element M—Consultation and Participation by Affected Local Entities To satisfy section 110(a)(2)(M), a SIP should provide for consultation and participation by affected local entities. New Jersey’s submittal certifies that the authority for this element of the SIP is unchanged from the New Jersey 2014 Multi-Pollutant iSIP previously approved by the EPA. New Jersey provides the opportunity for consultation and participation to local political subdivisions during the public comment period of a proposed State Implementation Plan. New Jersey’s Air Pollution Control Act, NJSA 26:2C– 8 and NJSA 52:14B–1 et seq. require a public process for any rulemaking. VII. Environmental Justice Considerations 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, the EPA’s role is to review State choices, and approve those choices if they meet the minimum criteria of the Act. On May 16, 2023, New Jersey provided a supplement to the SIP submission being proposed for approval with this rulemaking. The supplemental submission briefed the EPA on Environmental Justice (EJ) considerations within New Jersey by detailing the State’s programs and initiatives addressing the needs of communities with EJ concerns that have been ongoing since 1998. Although New Jersey included environmental justice considerations as part of its SIP submittal, the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. In its supplement, New Jersey discussed how the State has been addressing the needs of communities with EJ concerns since 1998, including assisting in the creation of the Environmental Equity Task Force, which later evolved into the Environmental Justice Advisory Council (EJAC). EJAC and its predecessor have held regular meetings that include EJ advocates and the New Jersey Department of Environmental Protection (NJDEP) to discuss and address environmental justice issues of concern. New Jersey also noted that the State has implemented numerous initiatives, collaborations, Administrative Orders E:\FR\FM\12APP1.SGM 12APP1 lotter on DSK11XQN23PROD with PROPOSALS1 25848 Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules and Executive orders to address the needs and concerns of overburdened communities. A timeline of New Jersey’s implemented EJ actions, including both prior to and after the SIP submittal on May 13, 2019, was provided and is indicative of the State’s continued attention to environmental justice issues. New Jersey’s Administrative Orders (AO) and Executive orders (E.O.) include the State’s first EJ E.O. issued by Governor James E. McGreevey in 2004 (E.O. 96), an EJ E.O. issued by Governor Jon Corzine in 2009 (E.O.131), an EJ AO issued by NJDEP Commissioner Bob Martin in 2016 (AO 2016–08) and an EJ E.O. issued by Governor Phil Murphy in 2018 (E.O. 23). Notably, U.S. Senator for New Jersey, Cory Booker, introduced the first Federal EJ bill in 2017 (S.1996— Environmental Justice Act of 2017). Additionally, New Jersey also created the ‘‘What’s In My Community’’ 3 tool, a GIS-mapping web application that allows a user to see the air permits issued in their community. The tool also identifies overburdened communities, schools, hospitals, and emergency services. The public users can also see measurements from air monitors and generate a report when using the tool. The EPA considered EJ when reviewing provisions contained within New Jersey’s May 13, 2019, submission detailed above. However, the EPA determined that conducting a comprehensive EJ analysis was not necessary, as the CAA and its applicable implementing regulations neither prohibit nor require such an evaluation of EJ. Additionally, there is no evidence suggesting that this action contradicts the goals of E.O. 12898 or that it will disproportionately harm any specific group or have severe health or environmental impacts. Consequently, the EPA expects that this action, which assesses whether New Jersey’s SIP adequately addresses the infrastructure requirements of the CAA regarding the 2015 8-hour Ozone NAAQS, will generally have a neutral impact on all populations, including communities of color and low-income groups. At a minimum, this proposed action will not worsen air quality within the State. In summary, the EPA concludes that this proposed rule will not disproportionately harm communities with EJ concerns. New Jersey voluntarily evaluated EJ considerations in its SIP submission, but the EPA’s assessment of these considerations is provided for context, not as the basis for the action. The EPA is taking action under the CAA and independently of the State’s EJ assessment. VerDate Sep<11>2014 16:34 Apr 11, 2024 Jkt 262001 VIII. What action is the EPA taking? The EPA is proposing to approve New Jersey’s May 13, 2019 SIP revision submittal, as fully meeting the infrastructure requirements for the 2015 8-hour ozone NAAQS for the following section 110(a)(2) elements and subelements: (A), (B), (C) (enforcement program only), (D)(i)(II) prong 4 (visibility), (E), (F), (H), (J) (consultation and public notification only), (K), (L), and (M) of the CAA. The EPA is proposing to disapprove New Jersey’s submittal for the 2015 8hour ozone NAAQS section 110(a)(2) sub-elements: (C), prong 3 of (D)(i)(II), and (J) as they relate to the State’s lack of a State adopted PSD program, as well as (D)(ii), which relates to interstate and international pollution abatement and PSD. However, these disapprovals will not trigger any sanctions or additional FIP obligation since a PSD FIP is already in place. IX. Statutory and Executive Order Reviews Additional information about these statutes and Executive orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review, and Executive Order 14094: Modernizing Regulatory Review This action is not a significant regulatory action as defined in Executive Order 12866, as amended by Executive Order 14094, and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by State law. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by State law. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C.1531–1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by State law. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because 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 and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply in this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by State law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules Authority: 42 U.S.C. 7401 et seq. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Lisa Garcia, Regional Administrator, Region 2. [FR Doc. 2024–07775 Filed 4–11–24; 8:45 am] lotter on DSK11XQN23PROD with PROPOSALS1 Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 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 New Jersey Department of Environmental Protection (NJDEP) did consider environmental justice as part of its SIP submittal even though the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. The EPA’s evaluation of the NJDEP’s EJ 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, and not as a basis of the action. The EPA is taking action under the CAA on bases independent of New Jersey’s evaluation of environmental justice. In addition, there is no information in the record upon which this decision is based that is inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. VerDate Sep<11>2014 16:34 Apr 11, 2024 Jkt 262001 BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2023–0057; FRL–11847– 01–R4] Air Plan Approval; North Carolina; Revision to Approved Motor Vehicle Emissions Budgets Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the North Carolina State Implementation Plan (SIP), submitted by the North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality, on December 19, 2022. The revision seeks to update the 2026 on-road and nonroad emissions inventories and safety margins, allocate a portion of the newly available 2026 safety margins in the 2008 8-hour Ozone Maintenance Plan to the 2026 nitrogen oxides (NOX) and volatile organic compounds (VOC) motor vehicle emissions budgets (‘‘budgets’’) for the North Carolina portion of the Charlotte-Rock Hill, NCSC bi-state Area (hereinafter referred to as the ‘‘North Carolina portion of the Charlotte Maintenance Area’’) to accommodate updates from the EPA Motor Vehicle Emissions Simulator (MOVES3) model. The SIP revision also revises the current 2026 budgets based on the MOVES3 updates and recalculates new available safety margins. NCDEQ’s December 19, 2022, submission supplements the revised 2008 8-hour Ozone Maintenance Plan submitted by NCDEQ on July 16, 2020, and approved by EPA on August 25, 2021. EPA is proposing to approve North Carolina’s December 19, 2022, SIP revision and deem the budgets adequate for transportation conformity purposes because they meet the applicable statutory and regulatory requirements. DATES: Comments must be received on or before May 13, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2023–0057 at www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be SUMMARY: PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 25849 edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit www.epa.gov/dockets/commenting-epadockets. FOR FURTHER INFORMATION CONTACT: Dianna Myers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. The telephone number is (404) 562– 9207. Ms. Myers can also be reached via electronic mail at myers.dianna@ epa.gov. SUPPLEMENTARY INFORMATION: I. Introduction EPA is proposing to approve NCDEQ’s December 19, 2022, SIP revision which updates the 2026 on-road and nonroad emissions inventories with the latest (at the time of NCDEQ’s submission) approved EPA mobile emissions model, MOVES3, allocates a portion of the newly available safety margin, revises the 2026 NOX and VOC budgets, and recalculates the available safety margins for the North Carolina portion of Charlotte 2008 8-hour Ozone Maintenance Area 1 for transportation conformity purposes. If EPA finalizes this proposed approval, the revised 2026 NOX and VOC budgets from NCDEQ’s December 19, 2022, SIP revision will replace the existing budgets in the State’s 2008 8hour Ozone Maintenance Plan approved on August 25, 2021. See 86 FR 47387. If approved, these newly revised 2026 budgets must be used in future 1 The North Carolina portion of the Charlotte Maintenance Area for the 2008 8-hour ozone national ambient air quality standards (NAAQS or standards) is comprised of the following counties: Mecklenburg County in its entirety and portions of Cabarrus, Gaston, Iredell, Lincoln, Rowan, and Union Counties. See section II.B. for more detail. E:\FR\FM\12APP1.SGM 12APP1

Agencies

[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Proposed Rules]
[Pages 25841-25849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07775]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0631; FRL-10786-01-R2]


Partial Approval and Partial Disapproval of Air Quality State 
Implementation Plans; New Jersey; 2015 Ozone Infrastructure 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
partially approve and partially disapprove certain elements of a State 
Implementation Plan (SIP) revision that New Jersey submitted to 
demonstrate that the State satisfies the infrastructure requirements of 
section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 2015 8-
hour Ozone National Ambient Air Quality Standards (NAAQS). The 
infrastructure requirements are designed to ensure that the structural 
components of each State's air quality management program are adequate 
to meet the State's responsibilities under the CAA. Except as noted, 
this SIP revision satisfies the infrastructure requirements of the CAA 
for the 2015 ozone NAAQS.

DATES: Written comments must be received on or before May 13, 2024.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0631 at https://www.regulations.gov. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Edward Linky, Environmental Protection 
Agency, Air Programs Branch, Region 2, 290 Broadway, New York, New York 
10007-1866, at (212) 637-3764, or by email at [email protected].

SUPPLEMENTARY INFORMATION: The Supplementary Information section is 
arranged as follows:

I. What action is the EPA proposing?
II. Background
III. What infrastructure elements are required under section 
110(a)(1) and (2)?
IV. What is the EPA approach to review of infrastructure SIP 
Submissions?
V. What did the State of New Jersey submit?
VI. How has the State addressed the elements of section 110(a)(1) 
and (2)?
VII. Environmental Justice Considerations
VIII. What action is the EPA taking?
IX. Statutory and Executive Order Reviews

I. What Action is the EPA Proposing?

    The EPA is proposing to partially approve and partially disapprove 
elements of a SIP revision submitted by New Jersey on May 13, 2019, 
that address infrastructure SIP (iSIP) requirements for the 2015 8-hour 
ozone (2015 ozone) NAAQS. The EPA is proposing to approve the 2015 
ozone infrastructure SIP revision for most elements. EPA is proposing 
to disapprove the portion of the submission that relates to prevention 
of significant deterioration (PSD). As explained more fully below, the 
disapproval portion of this action does not begin a new Federal 
Implementation Plan (FIP) clock, because the FIP is already in place.
    This action does not address the portion of the submission 
pertaining to the interstate transport requirements of section 
110(a)(2)(D)(i)(I) (otherwise known as the ``good neighbor'' provision) 
with respect to the 2008 ozone NAAQS or the 2015 ozone NAAQS, since 
each was addressed in a previous EPA rulemaking. See 87 FR 55692 
(September 12, 2022) (addressing the good neighbor element of the 2008 
ozone NAAQS) and 88 FR 9336, (February 13, 2023) (addressing the good 
neighbor element of the 2015 ozone NAAQS).
    This action also does not address New Jersey's negative 
declaration, demonstrating that no facilities exist in the State that 
are applicable to the Control Techniques Guidelines (CTG) for the Oil 
and Natural Gas Industry, which was included in this submittal but was 
addressed in a separate EPA rulemaking. See 85 FR 29627 (May 18, 2020). 
As explained below, the EPA is proposing to find that the State has the 
necessary infrastructure, resources, and general authority to implement 
the 2015 ozone NAAQS, except where specifically noted.
    The EPA is proposing to approve the New Jersey infrastructure SIP 
revision for the 2015 ozone NAAQS for section 110(a)(2) infrastructure 
elements with the exception of elements, or portions of elements, C, D, 
and J as explained below. The proposed approval of the other section 
110(a)(2) elements of the iSIP is principally based on the New Jersey 
Department of Environmental Protection (NJDEP) having the authority and 
resources to develop, enforce and maintain that the elements of an iSIP 
are in conformance with the requirements

[[Page 25842]]

of the CAA section 110(a)(1) and (2). EPA proposes to disapprove the 
PSD portions of elements (C), D(i)(II), as well as D(ii), and J since 
New Jersey, even though it accepted delegation of, and implements, the 
Federal PSD program, does not have a SIP-approved PSD program and is 
under a Federal Implementation Plan (FIP). See 40 CFR 52.1603. This 
determination is explained in Section VI of this document.

II. Background

    On October 1, 2015, the EPA promulgated a revision to the ozone 
NAAQS.\1\ section 110(a)(1) of the CAA provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) of the CAA lists 
specific elements that States must meet for SIP requirements related to 
a newly established or revised NAAQS. Sections 110(a)(1) and (2) of the 
CAA require, in part, that States submit to the EPA plans to implement, 
maintain and enforce each of the NAAQS promulgated by the EPA. By 
statute, SIPs meeting the requirements of sections 110(a)(1) and (2) 
are to be submitted by States within three years after promulgation of 
a new or revised standard. The EPA refers to this type of SIP 
submission as the ``infrastructure'' SIP because the SIP ensures that 
States can implement, maintain and enforce the air standards.
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    \1\ National Ambient Air Quality Standards for Ozone, Final 
Rule, 80 FR 65292 (October 26, 2015). Although the level of the 
standard is specified in the units of ppm, ozone concentrations are 
also described in parts per billion (ppb). For example, 0.070 ppm is 
equivalent to 70 ppb.
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    On May 13, 2019, the NJDEP submitted to then Regional 
Administrator, Peter D. Lopez, a SIP revision that addresses 
infrastructure SIP requirements for the 2015 ozone NAAQS.\2\ The 
submittal was deemed complete by operation of law. We propose to 
approve all elements of the submittal except a portion of Element (C), 
Elements (D)(i)(II) and (ii), and a portion of Element (J), which we 
propose to disapprove. New Jersey does not have a SIP-approved PSD 
program and therefore has not addressed the PSD permit program 
requirements of part C if title I of the CAA. The EPA recognizes, 
however, that New Jersey has elected to comply with the Federal PSD 
requirements by accepting delegation of the Federal rules and has been 
successfully implementing this program for many years. New Jersey is 
already subject to a FIP which incorporates by reference the Federal 
PSD provisions as codified in 40 CFR 51.21, with the exception of 
paragraph (a)(1), into the implementation plan for the State. 40 CFR 
52.1603. If the proposed disapproval of these aspects of the submittal 
is finalized, no further action is necessary, beyond the FIP which is 
in place, until such time as NJDEP submits, and EPA approves, a 
revision to its SIP regarding the PSD portions of those elements. The 
2015 submission states there is no change to the status of these 
elements, and thus those portions are being disapproved.
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    \2\ As discussed in section I of this document, the May 2019 SIP 
submittal addressed infrastructure requirements related to section 
110(a)(2)(D)(i)(I) (i.e., good neighbor provision for the 2008 and 
2015 ozone NAAQS, which EPA acted on separately. EPA finalized 
disapproval of the good neighbor provision for the 2008 ozone NAAQS. 
87 FR 55692 (September 12, 2022). EPA finalized disapproval of the 
good neighbor provision for the 2015 ozone NAAQS. 88 FR 9336 
(February 13, 2023). The May 2019 SIP submittal also included a 
negative declaration from the State that the Control Techniques 
Guidelines (CTG) for the Oil and Natural Gas Industry do not pertain 
to New Jersey since there are no source operations referenced in the 
CTG that are located in New Jersey. The EPA approved the State's 
negative declaration at 85 FR 29627 (May 18, 2020).
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    The EPA does not anticipate any adverse consequences to New Jersey 
if this proposed disapproval of the PSD related portions of New 
Jersey's 2015 ozone infrastructure SIP submittal is finalized. 
Mandatory sanctions would not apply to New Jersey under CAA section 179 
because the failure to submit a PSD SIP is neither required under title 
I part D of the CAA, nor in response to a SIP call under section 
110(k)(5) of the CAA. The EPA would not be subject to any further FIP 
duty because of the PSD FIP that has already been approved and that 
addresses the SIP deficiency.

III. What infrastructure elements are required under Sections 110(a)(1) 
and (2)?

    CAA section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions after a new or revised NAAQS is 
promulgated. Section 110(a)(2) lists specific elements the SIP must 
contain or satisfy. These infrastructure elements include requirements 
such as modeling, monitoring, and emissions inventories, which are 
designed to ensure attainment and maintenance of the NAAQS. The 
elements that are the subject of this action are listed below.
     Section 110(a)(2)(A): Emission limits and other control 
measures.
     Section 110(a)(2)(B): Ambient air quality monitoring/data 
system.
     Section 110(a)(2)(C): Program for enforcement of control 
measures.
     Section 110(a)(2)(D): Interstate transport.
     Section 110(a)(2)(E): Adequate resources and authority, 
conflict of interest, and oversight of local governments and regional 
agencies.
     Section 110(a)(2)(F): Stationary source monitoring and 
reporting.
     Section 110(a)(2)(G): Emergency powers.
     Section 110(a)(2)(H): Future SIP revisions.
     Section 110(a)(2)(J): Consultation with government 
officials; public notification; and PSD and visibility protection.
     Section 110(a)(2)(K): Air quality modeling/data.
     Section 110(a)(2)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by 
affected local entities.
    A description of how the State has met the requirements of these 
elements is more fully described in section VI.

IV. What is the EPA approach to review of infrastructure SIP 
submissions?

    Due to the ambiguity of some of the language of CAA section 
110(a)(2), the EPA believes it is appropriate to interpret these 
provisions in the specific context of acting on infrastructure SIP 
submissions. The EPA previously provided comprehensive guidance on the 
application of these provisions through a guidance document for 
infrastructure SIP submissions and through regional actions on 
infrastructure submissions.\3\ Unless otherwise noted below, we are 
following that existing approach in acting on this submission. In 
addition, in the context of acting on such infrastructure submissions, 
the EPA evaluates the submitting State's SIP for facial compliance with 
statutory and regulatory requirements, not for the State's 
implementation of its SIP.\4\ The EPA has other authority to address 
issues concerning a State's implementation of its SIP.
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    \3\ The EPA explains and elaborates on these ambiguities and its 
approach to address them in its ``Guidance on State Infrastructure 
Plan (SIP) Elements under Clean Air Act sections 110(a)(1) and 110 
(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013.
    \4\ United States Court of Appeals for the Ninth Circuit 
decision in Montana Environmental Information Center v. Thomas, 902 
F.3d 971 (August 30, 2018).
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V. What did the State of New Jersey submit?

    On May 13, 2019, New Jersey requested EPA review and approve a SIP 
submittal addressing infrastructure and transport requirements for CAA 
section 110(a)(1) and (2) for the 2015 ozone NAAQS; transport 
requirements for CAA section 110(a)(2) for the 2008 ozone NAAQS; and a 
negative declaration for the Oil and Natural Gas

[[Page 25843]]

Control Techniques Guidelines (CTG). The EPA is acting on the portion 
of the New Jersey SIP submittal that addresses infrastructure SIP 
requirements for the 2015 ozone NAAQS. As noted previously, the portion 
pertaining to the ``good neighbor'' provision with respect to the 2008 
and 2015 ozone NAAQS and the negative declaration were addressed 
separately.
    The New Jersey 2015 ozone NAAQS infrastructure SIP submission 
demonstrates how the State, where applicable, has plans in place that 
meet the requirements of section 110 (a)(1) and (2) for the 2015 ozone 
NAAQS.
    The SIP submission includes a certification that the existing New 
Jersey SIP contains adequate provisions to address the requirements of 
the CAA section 110(a)(1) and (2), with the exception of section 
110(a)(2)(D)(i)(I) for the ``good neighbor'' SIP, as it pertains to the 
2015 ozone NAAQS. New Jersey certified in the submission that there has 
been no change in authority with respect to the infrastructure 
requirements for the NJDEP to regulate, carry-out and enforce the 2015 
ozone NAAQS.
    In its May 2019 submittal, the State indicated that the contents of 
the SIP remain the same as those approved for the New Jersey Multi-
Pollutant Infrastructure SIP submitted to EPA on October 17, 2014 (2014 
Multi-Pollutant iSIP), except for the changes described in ``Table 1: 
Changes to New Jersey's Infrastructure SIP'' of the May 2019 submittal, 
which include updates of existing rules. New Jersey's 2014 Multi-
Pollutant iSIP submittal was approved by EPA. 83 FR 24661 (May 30, 
2018).
    The State's May 13, 2019, submittal is available within the 
electronic docket for today's proposed action at www.regulations.gov.

VI. How has the State addressed the elements of section 110(a)(1) and 
(2)?

    The EPA's evaluation and rationale for proposing action on New 
Jersey's Infrastructure SIP for the 2015 ozone NAAQS is discussed 
below. The EPA notes that for the proposed approval of several elements 
of this action, which were also addressed in New Jersey's 2014 Multi-
Pollutant iSIP and which New Jersey asserts are unchanged, EPA's 
rationale for approval is consistent.\5\
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    \5\ See 83 FR 24661 (May 30, 2018).
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    The State's submission and the EPA's analysis:

Element A--Emissions Limits and Other Control Measures

    Section 110(a)(2)(A) requires SIPs to include enforceable emission 
limits and other control measures, means, or techniques, and schedules 
for compliance. The submittal indicates that New Jersey has the 
necessary authority under the Air Pollution Control Act (APCA) at New 
Jersey Statutes Annotated (NJSA) 26:2C-8, 26:2C-9, and 26:2C-19, and 
has established enforceable limits for all criteria pollutants in its 
rules at NJAC 7:27.
    Several times in its submittal New Jersey notes that it has adopted 
rule amendments that affect NJAC 7:27 and NJAC 7:27A certifies that 
these changes do not affect the State's ability to enforce control 
measures or regulate the modification and construction of any 
stationary source within the area covered by the SIP as necessary for 
the 2015 ozone NAAQS.\6\
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    \6\ New Jersey states that the changes are related to Air 
Emission Control and Permitting Exceptions, Hazardous Air Pollutant 
Reporting Thresholds, and the Clean Air Interstate Rule (CAIR) 
Nitrogen Oxides (NOX) Trading Program and the 
NOX Budget Trading Program (50 NJR 454(a), January 16, 
2018). New Jersey states that these changes are based on New 
Jersey's experience with Super Storm Sandy, updated data, and new 
methodologies to determine hazardous air pollutant (HAP) thresholds, 
changes in Federal requirements regarding State programs to address 
emissions of Nitrogen Oxides, and discussions New Jersey has held 
with community and environmental groups. New Jersey advises that 
rule amendments have also been adopted related to Tertiary Butyl 
Acetate (TBAC) emissions reporting, to ensuring consistency between 
major and minor permits, and for Gasoline Transfer Operations (49 
NJR 3590(a), November 20, 2017).
---------------------------------------------------------------------------

    The EPA has reviewed the authority identified by New Jersey in its 
submittal and is proposing to find that New Jersey has met the 
requirements of section 110(a)(2)(A) of the CAA with respect to the 
2015 Ozone NAAQS based on the enforceable emission limits and other 
control measures identified.

Element B--Ambient Air Quality Monitoring Data System

    Section 110(a)(2)(B) requires SIPs to include provisions to provide 
for the establishment and operation of ambient air quality monitors, to 
monitor, compile, and analyze ambient air quality data, and to make 
these data available to the EPA upon request.
    New Jersey states that its authority related to Element B remains 
the same as that approved for the 2014 Multi-Pollutant iSIP. New Jersey 
identifies its authority at NJSA 26:2C-9.a, to conduct ambient air 
quality monitoring and to report the results.\7\ New Jersey states that 
its annual air quality reports are posted on New Jersey's air quality 
monitoring internet site at https://www.njaqinow.net.
---------------------------------------------------------------------------

    \7\ See 83 FR 24661.
---------------------------------------------------------------------------

    The EPA is proposing to find that New Jersey has met the 
requirements of section 110(a)(2)(B) of the CAA with respect to the 
2015 Ozone NAAQS.

Element C--Programs for Enforcement of Control Measures and 
Construction or Modification of Stationary Sources

    Section 110(a)(2)(C) requires states to have a plan that includes a 
program providing for enforcement of all SIP measures, regulation of 
minor sources and minor modifications, and the regulation of the 
modification and construction of any stationary source, including a 
program to meet Prevention of Significant Deterioration (PSD) of Air 
Quality. The three sub-elements of Element C are addressed below.
Enforcement of SIP Measures
    Statewide enforcement of new and modified sources, minor 
modifications of minor sources, and major modifications in areas 
designated as an attainment area or as an unclassifiable area for the 
2015 Ozone NAAQS, is required by title I of the Clean Air Act part C 
(Major Sources of Prevention of Significant Deterioration). New 
Jersey's submittal identifies N.J.S.A. 26:2C-9.b and 9.1 and N.J.S.A. 
13:1D-9 as its authority for the creation of enforcement and permitting 
programs that meet CAA requirements. New Jersey's submittal further 
explains that the enforcement of all control measures, including the 
air permitting program for regulating stationary sources, is governed 
by N.J.S.A. 26:2C-19. New Jersey states that enforcement and permitting 
programs operate under rules designated in NJAC 7:27 and 7:27A. EPA 
proposes to find that New Jersey has adequate authority to conduct 
enforcement programs for the 2015 ozone NAAQS.\8\
---------------------------------------------------------------------------

    \8\ See 83 FR 24661 (May 30, 2018).
---------------------------------------------------------------------------

Regulation of Minor Sources and Minor Modifications
    New Jersey's submittal asserts that its authority at N.J.S.A. 
26:2C-9.b and 9.1 and N.J.S.A. 13:1D-9 provide for the creation and 
enforcement and permitting programs that meet the CAA requirements. New 
Jersey's indicates that enforcement of all control measures, including 
the air permitting programs for regulation of stationary sources is 
governed by N.J.S.A. 26:2C-19. New Jersey's enforcement and permitting 
programs are operated under rules designated in NJAC 7:27 and NJAC 
7:27A.

[[Page 25844]]

    The minor source permitting aspect of section 110(a)(2)(C) is not 
governed by the three-year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area controls 
are not due within 3 years after promulgation of a new or revised 
NAAQS, but rather due at the time that the nonattainment area plan 
requirements are due pursuant to CAA title I, part D, section 172. See 
``Guidance on State Infrastructure Plan (SIP) Elements under Clean Air 
Act sections 110(a)(1) and 110 (a)(2),'' Memorandum from Stephen D. 
Page, September 13, 2013. Therefore, we are not acting on this sub-
element.
Preconstruction Permitting Program for Major Sources and Major 
Modifications
    The preconstruction permitting program includes State regulations 
for both nonattainment and attainment or unclassifiable areas. The 
Permit program for nonattainment areas (known as ``nonattainment new 
source review'') is considered by the EPA as outside the scope \9\ of 
infrastructure SIP actions and is not addressed in this action.
---------------------------------------------------------------------------

    \9\ See Guidance on State Infrastructure Plan (SIP) Elements 
under Clean Air Act sections 110(a)(1) and 110 (a)(2),'' Memorandum 
from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------

    The preconstruction permitting program known as ``prevention of 
significant deterioration'' (PSD) is applicable when a major source 
located in an attainment area or unclassifiable area, for any criteria 
pollutant, is constructed or undergoes a major modification.
    As NJDEP recognizes in the submittal, New Jersey does not have an 
approved State PSD preconstruction permitting program for major sources 
and major modifications. as required by part C of the CAA. New Jersey 
accepted delegation of the administration of the PSD program from EPA. 
As a result, EPA's regulations at 40 CFR 52.21 have been incorporated 
into New Jersey's applicable State plan. See 40 CFR 52.1603(b). New 
Jersey implements and enforces the Federal PSD program through the 
delegation agreement. New Jersey's delegated PSD program evaluates the 
impact of new or modified sources to prevent a violation of the NAAQS 
and meet the Federal PSD permitting requirements.
    EPA is proposing to approve the portion of section 110(a)(2)(C) 
addressing enforcement with respect to the 2015 ozone NAAQS. EPA is not 
acting on the minor source permitting aspect of section 110(a)(2)(C) as 
is not governed by the three-year submission deadline of section 
110(a)(1) but is due at the time that the nonattainment area plan 
requirements are due pursuant to CAA section 172. Because New Jersey 
does not have a SIP approved PSD program, the EPA is proposing to 
disapprove the portion of section 110(a)(2)(C) of the CAA addressing 
PSD.

Element D--Interstate Transport

    CAA section 110(a)(2)(D) is divided into two subsections, section 
110(a)(2)(D)(i) and section 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) 
requires SIPs to address four separate elements. Section 
110(a)(2)(D)(i)(I) provides that each State's SIP must include 
provisions prohibiting any source or other type of emissions activity 
in one State from contributing significantly to: (1) Nonattainment, or 
(2) interfering with maintenance of the NAAQS in another State 
(referred to as prongs 1 and 2 or ``good neighbor'' provision). Section 
110(a)(2)(D)(i)(II) provides that each State's SIP must include 
provisions prohibiting any source or other type of emissions activity 
in one State emitting any pollutants in amounts which will interfere 
with measures required to (3) prevent significant deterioration of air 
quality or to (4) protect visibility in another State (referred to as 
prongs 3 and 4).
    CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions 
ensuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). CAA section 126 requires notification to neighboring states 
of potential impacts from a new or modified major stationary source and 
specifies how a State may petition the EPA when a major source or group 
of stationary sources in a State is thought to contribute to certain 
pollution problems in another State. CAA section 115 requires a State 
to revise its SIP to reduce pollution endangering public health and 
welfare in a foreign country, where EPA had made a finding that the 
State's SIP was inadequate.
CAA Section 110(a)(2)(D)(i)
    In this action for New Jersey, with respect to CAA section 
110(a)(2)(D)(i), the EPA is only addressing section 
110(a)(2)(D)(i)(II), specifically prong 3 (i.e., interference with PSD) 
and prong 4 (i.e., to protect visibility). The EPA has addressed 
section 110(a)(2)(D)(i)(I) with respect to the 2015 ozone 
infrastructure SIP, as noted previously, in another action. See 88 FR 
9336 (February 13, 2023).
    New Jersey has certified that its already approved SIP contains 
provisions to adequately satisfy CAA section 110(a)(2)(D)(i)(II). New 
Jersey has indicated that there are no changes to how New Jersey 
previously addressed CAA section 110(a)(2)(D)(i)(II) as indicated in 
the State's 2014 Multi-Pollutant iSIP. The EPA finalized action on CAA 
section 110(a)(2)(D)(i)(II), prongs 3 and 4, for New Jersey's 2014 
Multi-Pollutant iSIP at 81 FR 64070 (September 19, 2016). The EPA 
disapproved the portions of New Jersey's October 17, 2014, SIP 
submission addressing prong 3 based on the State not having an approved 
PSD program. However, the EPA approved the portions addressing prong 4 
based on New Jersey's fully approved regional haze plan from the 1st 
implementation period, finalized January 3, 2012.
    The State has not submitted any additional information regarding 
how it has satisfied section 110(a)(2)(D)(i)(II), prongs 3 and 4 for 
its 2015 ozone NAAQS infrastructure SIP.
    Under section 110(a)(2)(D)(i)(II), (prong 3), SIPs are required to 
have provisions prohibiting emissions that would interfere with 
measures required to be in another state's SIP under part C of the CAA 
to prevent significant deterioration of air quality.
    As discussed earlier in section VI, New Jersey's SIP is not 
approved with respect to the PSD permit program required by part C of 
the CAA. As a result, EPA's regulations at 40 CFR 52.21 have been 
incorporated into New Jersey's applicable State plan. 40 CFR 
52.1603(b). New Jersey has been delegated authority by EPA to implement 
40 CFR 52.21. Although New Jersey has been successfully implementing 
the program, a state's infrastructure SIP submittal cannot be 
considered for approvability with respect to prong 3 until EPA has 
issued final approval of that State's PSD SIP, or, alternatively, has 
issued final approval of a SIP that EPA has otherwise found adequate to 
prohibit interference with other State's measures to prevent 
significant deterioration of air quality. Therefore, EPA is proposing 
to disapprove New Jersey's 110(a) submission for the 2015 8-hour Ozone 
NAAQS for prong 3 of section 110(a)(2)(D)(i)(II) because New Jersey is 
currently subject to a FIP and does not have a PSD SIP. This 
disapproval will not trigger any sanctions or additional FIP 
obligation, since the FIP is already in place. This action will have no 
discernible effect on the current implementation of the PSD program in 
New Jersey, as the State is already

[[Page 25845]]

implementing a well-established PSD program through EPA delegation.
    Regarding prong 4, the 2013 Guidance lays out how a State's 
infrastructure SIP may satisfy prong 4. In the 2nd implementation 
period, confirmation that the State has a fully approved regional haze 
SIP that fully meets the requirements of 40 CFR 51.308 or 51.309 will 
satisfy the requirements of prong 4.\10\ New Jersey addresses its 
visibility protection requirements for the 2015 Ozone NAAQS through its 
regional haze SIP submittals. To address regional haze visibility 
impairment, the EPA promulgated the Regional Haze Rule on July 1, 1999 
(64 FR 35714, July 1, 1999), which was then amended in 2017 (82 FR 
3078, January 10, 2017). The Regional Haze Rule specifically requires 
States to periodically submit SIPs to the EPA to ensure that emissions 
from sources within the State are not interfering with measures to 
protect visibility in Class I Federal areas both within their State and 
downwind of their State.\11\
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    \10\ The EPA acknowledges that in the 2013 Guidance, we indicate 
that the EPA may find it appropriate to supplement the guidance 
regarding the relationship between regional haze SIPs and prong 4 
after second implentation period SIPs become due, which occurred on 
July 31, 2021. After a review of the 2013 guidance and the second 
implementation period regional haze requirements, the EPA maintains 
the interpretation that a fully approved regional haze SIP satisfies 
Prong 4 requirements in the second implentation period.
    \11\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6,000 acres, wilderness areas and 
national memorial parks exceeding 5,000 acres, and all international 
parks that were in existence on August 7, 1977. CAA section 162(a). 
In accordance with section 169A of the CAA, the EPA, in consultation 
with the Department of Interior, promulgated a list of 156 areas 
where visibility is identified as an important value. 44 FR 69122 
(November 30, 1979). When we use the term ``Class I area'' in this 
action, we mean any one of the 156 ``mandatory Class I Federal 
areas'' where visibility has been identified as an important value.
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    New Jersey submitted its regional haze SIP for the first 
implementation period to the EPA on July 28, 2009.\12\ The EPA 
published approval of New Jersey's regional haze first implementation 
period SIP submission on January 3, 2012 (77 FR 19, January 3, 2012). 
The first implementation period of the regional haze program ran from 
2007 through 2018.
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    \12\ New Jersey supplemented its SIP submission on December 9, 
2010, March 2, 2011, and December 7, 2011.
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    On March 26, 2020,\13\ New Jersey submitted a revision to the SIP 
to address its regional haze obligations for the second implementation 
period, which runs through 2028. The EPA published approval at 88 FR 
78650 (November 16, 2023).
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    \13\ New Jersey supplemented its SIP submission on September 8, 
2020, and April 1, 2021.
---------------------------------------------------------------------------

    The regional haze rule requires that a State participating in a 
regional planning process include all measures necessary to achieve its 
apportionment of emission reduction obligations agreed upon through 
that process.\14\ States are also required to consult with States to 
develop coordinated emission management strategies that contain the 
emission reductions necessary for visibility improvement.\15\ Each 
State must then include in their regional haze SIP submission all 
measures agreed to during the state-to-state consultations, or an 
equivalent regional planning process.\16\ In the EPA's approval of New 
Jersey's Regional Haze Plans, the EPA has determined that the plans 
contain both New Jersey's apportionment of emission reductions that 
were determined to be reasonable in the first implementation period for 
the State through the regional planning process, and that New Jersey 
has demonstrated that it included in its second implementation period 
measures that were the result of a coordinated emission management 
strategy that will provide for visibility improvement. Overall, New 
Jersey's Regional Haze Plans ensure that emissions from the State would 
not interfere with the reasonable progress goals for Class I areas that 
New Jersey's emissions are expected to impact. Thus, New Jersey's 
approved regional haze SIPs from the 1st and 2nd planning periods 
ensure that emissions from sources within the State are not interfering 
with measures to protect visibility in other States. Therefore, EPA 
proposes to find for the 2015 8-hour ozone NAAQS that New Jersey 
satisfies the section 110(a)(2)(D)(i)(II) requirement for visibility 
(prong 4).
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    \14\ 40 CFR 51.308(d)(3)(ii), (iii).
    \15\ Id. at (f)(2)(ii).
    \16\ Id. at (f)(2)(ii)(A).
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CAA Section 110(a)(2)(D)(ii)
    New Jersey has certified that its already approved SIP contains 
provisions to adequately satisfy CAA section 110(a)(2)(D)(ii). New 
Jersey has indicated that there are no changes to how New Jersey 
previously addressed CAA section 110(a)(2)(D)(ii) as indicated in the 
State's 2014 Multi-Pollutant iSIP that was submitted to the EPA on 
October 17, 2014.
    The EPA finalized action on elements of New Jersey's 2014 Multi-
Pollutant iSIP at 83 FR 24661 (May 30, 2018). However, as previously 
indicated, the EPA did not take action on the PSD portions of section 
110(a)(2)(C), 110(a)(2)(J), and 110(a)(2)(D) in that action. As 
explained in the EPA's proposed approval \17\ of New Jersey's 2014 
Multi-Pollutant iSIP at 83 FR 8818, the EPA found New Jersey's October 
17, 2014, infrastructure submittal administratively and technically 
complete in accordance with 40 CFR part 51, appendix V, except for the 
portions addressing the infrastructure elements in section 
110(a)(2)(C), 110(a)(2)(D)(i (II), 110(a)(2)(D)(ii) relating to the 
permitting program for PSD, and 110(a)(2)(J). As a result of the 
incompleteness finding,\18\ the EPA did not take action on the PSD 
portions of section 110(a)(2)(C), 110(a)(2)(J), and 110(a)(2)(D)(ii) 
and stated that it would not do so until New Jersey submits a SIP to 
address the PSD permit program requirements of part C of title I of the 
CAA.
---------------------------------------------------------------------------

    \17\ See 83 FR 24661 (May 30, 2018).
    \18\ The EPA sent a letter to NJDEP notifying them of the 
determination on October 28, 2014.
---------------------------------------------------------------------------

    As discussed earlier in this section, the 2015 8-hour ozone 
infrastructure SIP was determined complete by operation of law. The EPA 
is therefore taking action on section 110(a)(2)(D)(ii) for the 2015 8-
hour ozone infrastructure SIP.
    Section 110(a)(2)(D)(ii) requires SIPs to include provisions 
ensuring compliance with the applicable requirements of sections 126 
and 115 (relating to interstate and international pollution abatement). 
Section 126(a) requires new or modified major sources to notify 
neighboring States of potential impacts from the source. Sections 
126(b) and 126(c) of the CAA address requirements applicable to State 
petitions to the EPA concerning a major source or group of sources 
emitting prohibited amounts of air pollutants which will contribute 
significantly to nonattainment or interfere with maintenance of the 
NAAQS in another State. Section 115(a) and 115(b) address requirements 
applicable to State plans requiring revisions to reduce the air 
pollutants endangering public or welfare in a foreign country.
    In accordance with NJAC 7:27-22.11(k), New Jersey sends 
communications to all nearby States (Maryland, Pennsylvania, New York, 
and Connecticut) regarding all T itle V operating permit actions, which 
include all PSD permits and New Source Review (NSR) permits for new or 
modified sources.
    New Jersey has no source or sources within the State that are the 
subject of an active finding under section 126 of the CAA with respect 
to the 2015 8-hour ozone NAAQS. Additionally, there are no final 
findings under section 115 of

[[Page 25846]]

the CAA against New Jersey with respect to the 2015 ozone NAAQS.
    Although New Jersey has no pending obligations under section 115 or 
126(b), the State relies on the Federal PSD program requirements of 40 
CFR 52.21(q), (which provides for notification of affected State and 
local air agencies) to satisfy the notification requirements under 
section 126(a) of the CAA. As such, New Jersey's program is considered 
technically deficient and not approvable. Therefore, we are proposing 
to disapprove New Jersey's submission for infrastructure element 
section 110(a)(2)(D)(ii) for the 2015 8-hour ozone NAAQS. This 
disapproval will not trigger any sanctions or additional FIP 
obligation, since the FIP is already in place.

Element E--Adequate Resources and Authority, Conflict of Interest and 
Oversight of Local Governments and Regional Agencies

    Section 110(a)(2)(E) requires each State to provide necessary 
assurances that the State will: (i) Have adequate personnel, funding, 
and authority under State law to carry out the SIP (and is not 
prohibited by any provision of Federal or State law from carrying out 
the SIP or portion thereof), (ii) will comply with the requirements 
respecting State boards under CAA section 128, and (iii) where the 
State has relied on a local or regional government, agency, or 
instrumentality for the implementation of any SIP provision, the State 
has responsibility for ensuring adequate implementation of such SIP 
provision.
    In its submittal, New Jersey states that this element of the SIP is 
unchanged from New Jersey's 2014 Multi-Pollutant iSIP submittal that 
EPA previously approved.\19\ New Jersey cites NJSA 13:1D-9 to 
demonstrate that it meets the requirements of section 110(a)(2)(E)(i). 
In addition, NJSA 26:2C-9.b(6) enables New Jersey to receive funds from 
Federal, State and interstate bodies for the study and control of air 
pollution.\20\
---------------------------------------------------------------------------

    \19\ See 83 FR 24661 (May 30, 2018).
    \20\ Id.
---------------------------------------------------------------------------

    New Jersey also meets the requirements of section 110(a)(2)(E)(ii). 
Since NJDEP does not have any State boards to approve permits or 
enforcement orders, and NJDEP's Commissioner is responsible for such 
actions, CAA section 128(a)(1) is not applicable to NJDEP. With respect 
to CAA section 128(a)(2), New Jersey submitted for approval into the 
SIP applicable sections of the New Jersey's Conflicts of Interest Law, 
specifically NJSA 52:13D-14 and 52:13D-16(a) and (b) and 52:13D-21(n), 
necessary to substantively meet the requirements of CAA section 
128(a)(2) that deal with conflict of interest.
    To address delegation of authority, section 110(a)(2)(E)(iii), New 
Jersey identified the specific organizations that will participate in 
developing, implementing, and enforcing the plan and the 
responsibilities of such organizations.\21\
---------------------------------------------------------------------------

    \21\ See New Jersey's County Environmental Health Act (CEHA), 
N.J.S.A. 26:3A2-21.
---------------------------------------------------------------------------

    The EPA proposes to approve the New Jersey submittal pursuant to 
section section 110(a)(2)(E) with respect to the 2015 Ozone NAAQS.

Element F--Stationary Source Monitoring and Reporting

    Section 110(a)(2)(F) requires States to establish a system to 
monitor emissions from stationary sources and to submit periodic 
emission reports. New Jersey's submittal notes that both major and 
minor sources are required to monitor and report emissions.
    The NJDEP has authority, pursuant to NJSA 26:2C-9.2, to require 
emissions testing from stationary sources, pursuant to NJSA 26:2C-9 and 
specifically NJSA 26:2C-9.b(3) to require emission statement reports 
from stationary sources, and NJSA 26:2C-9.b(4) to requires emission 
information to be made available to the public. Based on the State's 
legal authority at NJSA 26:2C-9 and the State's regulatory requirements 
for stationary sources to monitor and report emissions at NJAC 7:27-8 
(for minor sources) and NJAC 7:27-22 (for major sources) and at NJAC 
7:27-21 to require the submission of annual emission statements from 
major sources), EPA is proposing to find that New Jersey has met the 
requirements of section 110 (a)(2)(F).
    Based on New Jersey's certification that the updated regulations, 
NJAC 7:27-8 and 7:27-22, do not affect the State's ability to enforce 
control measures or regulate the modification and construction of 
stationary sources within the areas covered by the SIP as necessary for 
the 2015 ozone NAAQS, and consistent with EPA's previous approval of 
Element F,\22\ the EPA proposes to approve the New Jersey submittal 
pursuant to section 110(a)(2)(F) with respect to the 2015 Ozone NAAQS.
---------------------------------------------------------------------------

    \22\ See 83 FR 24662.
---------------------------------------------------------------------------

Element G--Emergency Powers

    Section 110(a)(2)(G) requires States to provide for emergency 
authority to address activities causing imminent and substantial 
endangerment to public health and requires States to submit adequate 
contingency plans to implement the emergency episode provisions in 
their SIPs. The EPA requires that Infrastructure SIP submittals meet 
the applicable contingency plan requirements of 40 CFR part 51, subpart 
H (40 CFR 51.150 through 51.153) (``Prevention of Air Pollution 
Emergency Episodes''). Subpart H requires States that have air quality 
control regions identified as either Priority I, Priority IA, or 
Priority II to develop emergency episode contingency plans.
    New Jersey continues to be required to prepare emergency episode 
contingency plans for the 2015 ozone NAAQS, which is required \23\ for 
Priority I areas for ozone. EPA's review of ambient air monitoring data 
since the previous approval of Element G indicates that since 2018, the 
1-hour maximum measured, certified and quality assured values (1-hour 
varies from 0.070ppm to 0.135ppp ppm) was above the threshold level for 
ozone (0.10 ppm 1-hour maximum) for Priority I areas.
---------------------------------------------------------------------------

    \23\ See 40 CFR 51.150. New Jersey.
---------------------------------------------------------------------------

    In its submittal, New Jersey certified there is no change to this 
element. EPA notes that New Jersey's authority continues to be provided 
in New Jersey's Air Pollution Emergency Control Act (NJSA 26:2C-26 et 
seq.), which is implemented through NJAC 7:27-12, as incorporated into 
the SIP, and contains New Jersey's emergency episode contingency plans. 
The emergency criteria levels are used by the State in announcing air 
pollution alerts, warnings or emergencies.\24\
---------------------------------------------------------------------------

    \24\ See 83 FR 24662.
---------------------------------------------------------------------------

    Based on this submittal and consistent with EPA's previous approval 
of Element G,\25\ the EPA proposes to approve the New Jersey submittal 
pursuant to section 110(a)(2)(G) with respect to the 2015 Ozone NAAQS.
---------------------------------------------------------------------------

    \25\ See, 83 FR 24662.
---------------------------------------------------------------------------

Element H--Future SIP Revisions

    This section requires that a State's SIP provide for revision as 
may be necessary to take account of changes in the NAAQS or 
availability of improved methods for attaining the NAAQS and whenever 
the EPA finds that the SIP is substantially inadequate. The NJDEP is 
provided the authority by NJSA 13:1D-9 to formulate comprehensive 
policies ``for the conservation of the natural resources of the 
State.'' EPA proposes to find that the State has adequate authority to 
develop and implement plans and programs that fulfill the requirements 
of this section.

[[Page 25847]]

    In its SIP submittal, New Jersey certifies that there is no change 
to this element. Based on New Jersey's submittal and, consistent with 
EPA's prior approval of Element H,\26\ the EPA proposes to approve the 
New Jersey submittal pursuant to section 110(a)(2)(H) with respect to 
the 2015 Ozone NAAQS.
---------------------------------------------------------------------------

    \26\ See, 83 FR 24662.
---------------------------------------------------------------------------

Element J--Consultation With Government Officials, Public Notification, 
and PSD and Visibility Protection

    In its SIP submittal, New Jersey certifies that there is no change 
to this element. Section 121 requires a process for consultation with 
local governments and Federal Land Managers carrying out NAAQS 
implementation requirements. NJSA 26:2C-8 provides the NJDEP with the 
power to formulate and promulgate codes, rules and regulations 
preventing, controlling and prohibiting air pollution provided that the 
public has an opportunity to comment during the public participation 
process. Further, New Jersey has created a Clean Air Council (NJSA 
26:2C-3.2-3.3) which includes members from various associations 
including the New Jersey State League of Municipalities and New Jersey 
Freeholder's Association. EPA proposes that New Jersey has adequate 
authority to meet the requirements of this subsection.
    The NJDEP has procedures in place to notify the public when air 
quality standards deteriorate and exceed the NAAQS. It maintains a 
website which provides information on current air quality status, air 
quality forecasts, monitoring information, reports and pertinent 
information related to air quality readings. NJDEP participates with 
surrounding States in submitting and compiling air quality data and 
making this information available to press, news outlets, State 
websites and through the use of EPA's air notification system, 
EnviroFlash. EPA is proposing to find that New Jersey has adequate 
procedures for notifying the public of air quality concerns and 
disseminating information on ways to avoid health problems and reduce 
exposure when necessary. EPA proposes to find that New Jersey has 
adequate authority, under NJSA 13:1D-9, to carry out its SIP 
obligation.
    New Jersey is currently subject to a PSD FIP. The approvability of 
a State's PSD program in its entirety is essential to the approvability 
of the PSD sub-element of Element J. EPA is therefore proposing to 
disapprove the PSD sub-element of Element J. This disapproval will not 
trigger any sanctions or additional FIP obligation, since the FIP is 
already in place. This action will have no discernible effect on the 
current implementation of the PSD program in New Jersey, as the State 
is already implementing a well-established PSD program through EPA 
delegation.
    EPA is not addressing the section 110(a)(2)(J) sub-element related 
to visibility. According to EPA's interpretation, there are no newly 
applicable visibility protection obligations pursuant to Element J 
after the promulgation of a new or revised NAAQS.\27\
---------------------------------------------------------------------------

    \27\ ``Guidance on Infrastructure State Implementation (SIP) 
Elements Under Clean Air Act sections 110(a)(1) and (110(a)(2, 
Memorandum from Stephen D. Page, September 13, 2013, available at 
https://www.epa.gov/sites/default/files/2015-12/documents/guidance_on_infrastructure_sip_elements_multipollutant_final_sept_2013.pdf.
---------------------------------------------------------------------------

Element K--Air Quality Modeling and Submission of Modeling Data

    Section 110(a)(2)(K) requires that SIPs provide for air quality 
modeling for predicting effects on air quality of emissions from any 
NAAQS pollutants and submission of such data to EPA upon request. In 
its submittal New Jersey certifies that this element of the SIP is 
unchanged from New Jersey's 2014 Multi-Pollutant iSIP previously 
approved by EPA.
    EPA proposes to find that New Jersey's regulations provide for 
performance of air-quality modeling, including modeling for attainment 
plans, permits and redesignation requests. NJAC 7:27-8.5 and 7:27-22.8. 
New Jersey has broad statutory authority under NJSA 13:1D-9 and NJSA 
2C-8 and 2C-19. EPA proposes to find that the State has adequate 
authority to perform air quality modeling that fulfills the 
requirements of this section.

Element L--Permitting Fees

    This section requires SIPs to require each major stationary source 
to pay permitting fees to cover the cost of reviewing, approving, 
implementing and enforcing a permit. New Jersey certifies that this 
element of the SIP is unchanged from New Jersey's 2014 Multi-Pollutant 
iSIP previously approved by EPA. Effective November 30, 2001, EPA 
granted full approval to New Jersey's title V Operating Permit Program. 
66 FR 63168 (December 5, 2001). New Jersey's operating permits 
regulation, at NJSA 7:27-22, contains specific detailed provisions for 
assessing permit fees (contained in NJAC 7:27-22.31). The authority to 
require these fees in subchapter 22 is provided by NJSA 26:2C-9.b.(7), 
NJSA 26:2C-9.5 and NJSA 26:2C-9.6. NJDEP's infrastructure SIP submittal 
meets all the requirements of EPA's October 2013 infrastructure 
guidance for section 110(a)(2)(L).

Element M--Consultation and Participation by Affected Local Entities

    To satisfy section 110(a)(2)(M), a SIP should provide for 
consultation and participation by affected local entities. New Jersey's 
submittal certifies that the authority for this element of the SIP is 
unchanged from the New Jersey 2014 Multi-Pollutant iSIP previously 
approved by the EPA.
    New Jersey provides the opportunity for consultation and 
participation to local political subdivisions during the public comment 
period of a proposed State Implementation Plan. New Jersey's Air 
Pollution Control Act, NJSA 26:2C-8 and NJSA 52:14B-1 et seq. require a 
public process for any rulemaking.

VII. Environmental Justice Considerations

    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, the EPA's role is to review State choices, 
and approve those choices if they meet the minimum criteria of the Act.
    On May 16, 2023, New Jersey provided a supplement to the SIP 
submission being proposed for approval with this rulemaking. The 
supplemental submission briefed the EPA on Environmental Justice (EJ) 
considerations within New Jersey by detailing the State's programs and 
initiatives addressing the needs of communities with EJ concerns that 
have been ongoing since 1998. Although New Jersey included 
environmental justice considerations as part of its SIP submittal, the 
CAA and applicable implementing regulations neither prohibit nor 
require such an evaluation.
    In its supplement, New Jersey discussed how the State has been 
addressing the needs of communities with EJ concerns since 1998, 
including assisting in the creation of the Environmental Equity Task 
Force, which later evolved into the Environmental Justice Advisory 
Council (EJAC). EJAC and its predecessor have held regular meetings 
that include EJ advocates and the New Jersey Department of 
Environmental Protection (NJDEP) to discuss and address environmental 
justice issues of concern.
    New Jersey also noted that the State has implemented numerous 
initiatives, collaborations, Administrative Orders

[[Page 25848]]

and Executive orders to address the needs and concerns of overburdened 
communities. A timeline of New Jersey's implemented EJ actions, 
including both prior to and after the SIP submittal on May 13, 2019, 
was provided and is indicative of the State's continued attention to 
environmental justice issues.
    New Jersey's Administrative Orders (AO) and Executive orders (E.O.) 
include the State's first EJ E.O. issued by Governor James E. McGreevey 
in 2004 (E.O. 96), an EJ E.O. issued by Governor Jon Corzine in 2009 
(E.O.131), an EJ AO issued by NJDEP Commissioner Bob Martin in 2016 (AO 
2016-08) and an EJ E.O. issued by Governor Phil Murphy in 2018 (E.O. 
23). Notably, U.S. Senator for New Jersey, Cory Booker, introduced the 
first Federal EJ bill in 2017 (S.1996--Environmental Justice Act of 
2017).
    Additionally, New Jersey also created the ``What's In My 
Community'' \3\ tool, a GIS-mapping web application that allows a user 
to see the air permits issued in their community. The tool also 
identifies overburdened communities, schools, hospitals, and emergency 
services. The public users can also see measurements from air monitors 
and generate a report when using the tool.
    The EPA considered EJ when reviewing provisions contained within 
New Jersey's May 13, 2019, submission detailed above. However, the EPA 
determined that conducting a comprehensive EJ analysis was not 
necessary, as the CAA and its applicable implementing regulations 
neither prohibit nor require such an evaluation of EJ. Additionally, 
there is no evidence suggesting that this action contradicts the goals 
of E.O. 12898 or that it will disproportionately harm any specific 
group or have severe health or environmental impacts.
    Consequently, the EPA expects that this action, which assesses 
whether New Jersey's SIP adequately addresses the infrastructure 
requirements of the CAA regarding the 2015 8-hour Ozone NAAQS, will 
generally have a neutral impact on all populations, including 
communities of color and low-income groups. At a minimum, this proposed 
action will not worsen air quality within the State.
    In summary, the EPA concludes that this proposed rule will not 
disproportionately harm communities with EJ concerns. New Jersey 
voluntarily evaluated EJ considerations in its SIP submission, but the 
EPA's assessment of these considerations is provided for context, not 
as the basis for the action. The EPA is taking action under the CAA and 
independently of the State's EJ assessment.

VIII. What action is the EPA taking?

    The EPA is proposing to approve New Jersey's May 13, 2019 SIP 
revision submittal, as fully meeting the infrastructure requirements 
for the 2015 8-hour ozone NAAQS for the following section 110(a)(2) 
elements and sub-elements: (A), (B), (C) (enforcement program only), 
(D)(i)(II) prong 4 (visibility), (E), (F), (H), (J) (consultation and 
public notification only), (K), (L), and (M) of the CAA.
    The EPA is proposing to disapprove New Jersey's submittal for the 
2015 8-hour ozone NAAQS section 110(a)(2) sub-elements: (C), prong 3 of 
(D)(i)(II), and (J) as they relate to the State's lack of a State 
adopted PSD program, as well as (D)(ii), which relates to interstate 
and international pollution abatement and PSD. However, these 
disapprovals will not trigger any sanctions or additional FIP 
obligation since a PSD FIP is already in place.

IX. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866, as amended by Executive Order 14094, and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by State law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by State law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C.1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by State law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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 and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply in this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by State law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

[[Page 25849]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 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 New Jersey Department of Environmental Protection (NJDEP) did 
consider environmental justice as part of its SIP submittal even though 
the CAA and applicable implementing regulations neither prohibit nor 
require such an evaluation. The EPA's evaluation of the NJDEP's EJ 
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, and not as a basis of the action. The EPA is 
taking action under the CAA on bases independent of New Jersey's 
evaluation of environmental justice. In addition, there is no 
information in the record upon which this decision is based that is 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.

List of Subjects in 40 CFR Part 52

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

    Authority: 42 U.S.C. 7401 et seq.

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024-07775 Filed 4-11-24; 8:45 am]
BILLING CODE 6560-50-P
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