Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; New Jersey; 2015 Ozone Infrastructure, 65214-65217 [2024-17335]
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Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Rules and Regulations
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards, in that it does not
alter or create any new technical
standards.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and Executive
Order 14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
The EPA believes that the human
health or environmental conditions that
exist prior to this action result in or
have the potential to result in
disproportionate and adverse human
health or environmental effects on
communities with environmental justice
concerns. The minor sources on the
SUIT Reservation subject to the two
CAA programs partially delegated to the
SUIT were not previously under a
regular compliance monitoring schedule
under the CAA, potentially resulting in
instances of noncompliance from
uncontrolled emissions. Any
uncontrolled emissions could have the
potential to result in disproportionate
and adverse human health or
environmental effects on communities
with environmental justice concerns in
the SUIT Reservation.
The EPA believes that this action is
likely to reduce existing
disproportionate and adverse effects on
communities with environmental justice
concerns. This delegation levels the
playing field, by ensuring that minor
sources on the SUIT Reservation are
inspected for compliance with CAA
regulations similarly to those sources off
the SUIT Reservation. This should
reduce any noncompliance and
unpermitted air pollution emissions that
may exist on the SUIT Reservation, and
therefore reduce any disproportionate
and adverse effects associated with
those emissions that could affect
communities with environmental justice
concerns in the SUIT Reservation.
The EPA identified and addressed
environmental justice concerns by
responding to the Tribe’s identification
of a potential gap in regulatory oversight
of minor source air emissions, and the
Tribe’s willingness to assist the EPA in
administering the two CAA minor
source programs.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
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agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
as discussed in section II. of this
preamble, including the basis for that
finding.
V. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 8, 2024. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 49
Environmental protection,
Administrative practice and procedure,
Air pollution control, Indians,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: August 4, 2024.
KC Becker,
Regional Administrator, Region 8.
PART 49—INDIAN COUNTRY: AIR
QUALITY PLANNING AND
MANAGEMENT
1. The authority citation for part 49
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart C—General Federal
Implementation Plan Provisions
2. Section 49.103 is amended by
adding a note to the end of the section
to read as follows:
■
§ 49.103 Delegation of authority of
administration to Indian tribes.
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Note to § 49.103:
EPA entered into an Agreement for
Delegation of Partial Administrative
Authority with the Southern Ute Indian
Tribe on June 11, 2024 to assist the EPA
in administering (1) the Federal Minor
New Source Review Program in Indian
country, 40 CFR part 49, subpart C,
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§ 49.161 Administration and delegation of
the minor NSR program in Indian country.
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Note to § 49.161:
EPA entered into an Agreement for
Delegation of Partial Administrative
Authority with the Southern Ute Indian
Tribe on June 11, 2024 to assist the EPA
in administering (1) the Federal Minor
New Source Review Program in Indian
country, 40 CFR part 49, subpart C,
§§ 49.151 through 49.164, and (2) the
Federal Implementation Plan for
Managing Air Emissions from True
Minor Sources in Indian Country in the
Oil and Natural Gas Production and Oil
and Natural Gas Processing Segments of
the Oil and Natural Gas Sector, 40 CFR
part 49, subpart C, §§ 49.101 through
49.105.
[FR Doc. 2024–17625 Filed 8–8–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
For the reasons set forth in the
preamble, EPA is amending 40 CFR part
49 as follows:
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§§ 49.151 through 49.164, and (2) the
Federal Implementation Plan for
Managing Air Emissions from True
Minor Sources in Indian Country in the
Oil and Natural Gas Production and Oil
and Natural Gas Processing Segments of
the Oil and Natural Gas Sector, 40 CFR
part 49, subpart C, §§ 49.101 through
49.105.
■ 3. Section 49.161 is amended by
adding a note to the end of the section
to read as follows:
40 CFR Part 52
[EPA–R02–OAR–2022–0631; FRL–10786–
02–R2]
Partial Approval and Partial
Disapproval of Air Quality State
Implementation Plans; New Jersey;
2015 Ozone Infrastructure
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is partially approving and
partially disapproving certain elements
of a State Implementation Plan (SIP)
submission from New Jersey regarding
the infrastructure requirements 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
SUMMARY:
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Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Rules and Regulations
for the 2015 ozone NAAQS. The
disapproval portion of this action does
not begin a new Federal Implementation
Plan (FIP) clock, because the FIPs are
already in place. EPA proposed to
approve this action on Friday, April 12,
2024 and received no adverse
comments.
This final rule is effective on
September 9, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2022–0631. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Controlled Unclassified
Information (CUI) (formally referred to
as Confidential Business Information
(CBI)) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ysabel Banon, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3382, or by email at
banon.ysabel@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Contents
I. What is the background for this action?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews
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I. What is the background for this
action?
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II. What comments were received in
response to the EPA’s proposed action?
In response to the EPA’s April 12,
2024, proposed rulemaking on New
Jersey’s SIP revisions, the EPA received
three comments during the 30-day
public comment period that ended on
May 13, 2024. The specific comments
may be viewed under Docket ID Number
EPA–R02–OAR–2022–0631 on the
https://regulations.gov website.
Comments 1 & 2
Two public comments were submitted
that support the EPA’s action.
Response 1 & 2
The EPA acknowledges the
commenters’ support of the EPA’s
proposed rule.
Comment 3
A third comment asked about the
establishment of infrastructure
requirements for cannabis dispensaries.
Specifically, the commenter believes
that these requirements should be
imposed on dispensaries and their
owners rather than on taxpayers.
Response 3
Under sections 110(a)(1) and (2) of the
Clean Air Act (CAA), each State is
required to submit a SIP that provides
for the implementation, maintenance,
and enforcement of a revised primary or
secondary NAAQS or standard. CAA
sections 110(a)(1) and (2) require each
State to make a new SIP submission
within three years after the EPA
promulgates a new or revised NAAQS
for approval into the existing federally
approved SIP to assure that the SIP
meets the applicable requirements for
such new and revised NAAQS.
On April 12, 2024 (89 FR 25841), the
EPA proposed to approve most elements
of a submission from the New Jersey
Department of Environmental Protection
(NJDEP) submitted on May 13, 2019, as
fully meeting the infrastructure
requirements for the 2015 8-hour ozone
NAAQS (89 FR 25841) for the following
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section 110(a)(2) elements and subelements: (A), (B), (C) (enforcement
program only), (D)(i)(II) prong 4
(visibility), (E), (F), (G), (H), (J)
(consultation and public notification
only), (K), (L), and (M) of the CAA. EPA
is proposing to disapprove the portion
of the submission that relates to
prevention of significant deterioration
(PSD). An explanation of the CAA
requirements, a detailed analysis of the
revisions, and EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking
(NPRM) and will not be restated here.
After reviewing the comment, EPA
has determined that the comment is
outside the scope of our proposed action
or fails to identify any material issue
necessitating a response. The comment
does not raise issues germane or
relevant to the EPA’s proposed action.
The comment lacks the required
specificity to the proposed SIP revision
and the relevant requirements of CAA
section 110. Moreover, the comment
does not address a specific regulation or
provision in question or recommend a
different action on the SIP submission
from what EPA proposed, and therefore
is not adverse to this action. For this
reason, the EPA will not provide a
specific response to the comment.
III. What action is the EPA taking?
The EPA is approving NJDEP’s SIP
revision submitted on May 13, 2019, for
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the 2015 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), (G), (H), (J)
(consultation and public notification
only), (K), (L), and (M).
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. However,
EPA does not recognize a delegated PSD
program as satisfying the Infrastructure
SIP requirements. Therefore, as
discussed in the proposed approval, 89
FR 2584, EPA is disapproving New
Jersey’s submittal for the 2015 8-hour
ozone NAAQS section 110(a)(2) subelements: (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
Federal Implementation Plan obligation
since a PSD Federal Implementation
Plan is already in place.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/
lawsregulations/laws-and-executiveorders.
A. Executive Order 12866: Regulatory
Planning and Review, Executive Order
13563: Improving Regulation and
Regulatory 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.
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Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Rules and Regulations
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 to 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.
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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
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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.
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.’’
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.
Accordingly, this final action is
approving in part, and disapproving in
part a State implementation plan as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law.
The State evaluated environmental
justice considerations as part of its SIP
submittal even though the CAA and
applicable implementing regulations
neither prohibit nor require an
evaluation. EPA reviewed and
considered the air agency’s evaluation
of environmental justice considerations
of this action. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
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area. Consideration of EJ is not required
as part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 8, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrador, Region 2.
For the reasons set forth in the
preamble, EPA is amending 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. In § 52.1570 paragraph (e), the table
is amended by adding the entry for ‘‘NJ
Infrastructure SIP for the 2015 ozone
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.1570
*
Identification of plan.
*
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(e) * * *
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Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Rules and Regulations
65217
EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS
SIP element
*
NJ Infrastructure
SIP for the 2015
ozone NAAQS.
Applicable
geographic or
nonattainment
area
New Jersey
submittal
date
*
Statewide ..........
*
05/13/2019 .......
3. Section 52.1586 is amended by
revising paragraphs (c)(1) and (2) to read
as follows:
■
§ 52.1586 Section 110(a)(2) Infrastructure
requirements.
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*
*
(c) * * *
(1) Approval. New Jersey SIP revision
submitted on May 13, 2019 to address
CAA infrastructure requirements of
110(a)(2) for the 2015 8-hour ozone
NAAQS is approved for (A), (B),
(C)(enforcement program only), (D)(i)(II)
prong 4 (visibility), (E), (F), (G),(H),
(J)(consultation and public notification
only),(K), (L), and (M).
(2) Disapproval. New Jersey SIP
revision submitted on May 13, 2019, to
address the CAA infrastructure
requirements of 110(a)(2) for the 2015 8hour ozone NAAQS, is disapproved for
(C)(Preconstruction PSD program only),
(D)(i)(I) (prongs 1 and 2), (D)(i)(II) prong
3, (D)(ii), and (J)(PSD program only).
PSD program requirements are being
addressed by § 52.1603 which has been
delegated to New Jersey to implement.
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[FR Doc. 2024–17335 Filed 8–8–24; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 5, 25, and 97
[IB Docket Nos. 18–313, 22–271; FCC 20–
54, FCC 22–74, FCC 24–6; FR ID 235363]
Space Innovation; Mitigation of Orbital
Debris in the New Space Age
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
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AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
new information collection as a result of
SUMMARY:
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16:41 Aug 08, 2024
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EPA
approval
date
Explanation
*
8/9/2024, [insert
Federal Register citation].
*
*
*
• Full approval.
• This action addresses the following CAA elements:
110(a)(2)(A), (B), (C) (enforcement program only), (D)(i)(II)
prong 4 (visibility), (E), (F), (G), (H), (J) (consultation and
public notification only), (K), (L), and (M).
changes adopted in a Report and Order
titled ‘‘Mitigation of Orbital Debris in
the New Space Age’’ (Orbital Debris
Report and Order) and a Second Report
and Order titled ‘‘Space Innovation;
Mitigation of Orbital Debris in the New
Space Age’’ (Orbital Debris Second
Report and Order), and affirmed and
further clarified in an Order on
Reconsideration titled ‘‘Mitigation of
Orbital Debris in the New Space Age’’
(Orbital Debris Reconsideration Order).
This document announces the effective
date of rules adopted in those orders
that contained new or modified
information collection requirements that
required review and approval by OMB
and that had not already been
announced as effective. This document
also summarizes and makes effective the
rules adopted in the Orbital Debris
Second Report and Order, which
required space stations ending their
mission in, or passing through, the lowEarth orbit region below 2000 km
altitude and planning disposal through
uncontrolled atmospheric re-entry to
complete disposal as soon as practicable
following end of mission, and no later
than five years after the end of the
mission.
DATES:
Effective date: The amendments to 47
CFR 25.114(d)(14), 25.121(f), 25.122(c)
and (d), and 25.123(b) published at 85
FR 52422 on August 25, 2020, and the
amendments to 47 CFR 5.64(b)(7)(iv)(A),
25.114(d)(14)(vii)(D)(1), 25.283(b), (d),
and (e), and 97.207(g)(1)(vii)(D)(1) in
this final rule are effective September 9,
2024.
Compliance date: Compliance with
the amendments to 47 CFR
5.64(b)(7)(iv)(A),
25.114(d)(14)(vii)(D)(1), and
97.207(g)(1)(vii)(D)(1) is not required
until September 29, 2024.
FOR FURTHER INFORMATION CONTACT:
Scott Mackoul, Space Bureau, at (202)
418–7498 or Scott.Mackoul@fcc.gov. For
information regarding the Paperwork
Reduction Act (PRA) information
collection requirements contained in the
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PRA, contact Cathy Williams, Office of
Managing Director, at (202) 418–2918 or
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on July 2,
2024, OMB approved the information
collection requirements in 47 CFR
25.114(d)(14), 25.121(f), 25.122(c) and
(d), and 25.123(b). These rules were
modified in the Orbital Debris Report
and Order (FCC 20–54, IB Docket No.
18–313) (85 FR 52422, August 25, 2020)
and the Orbital Debris Second Report
and Order (FCC 22–74, IB Docket Nos.
18–313 and 22–271), and affirmed and
clarified in the Orbital Debris
Reconsideration Order (FCC 24–6, IB
Docket No. 18–313) (89 FR 13276,
February 22, 2024). This document also
provides a summary of the Orbital
Debris Second Report and Order, the
full text of which is available at https://
www.fcc.gov/document/fcc-adopts-new5-year-rule-deorbiting-satellites-0.
If you have any comments on the
burden estimates listed below, or how
the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Cathy.Williams@fcc.gov,
regarding OMB Control Number 3060–
1327. Please include the applicable
OMB Control Number(s) in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Final Regulatory Flexibility Analysis.
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission prepared a Final
Regulatory Flexibility Analysis (FRFA)
of the possible significant economic
impact on small entities of the policies
and rules adopted in the Orbital Debris
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]]>Agencies
[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Rules and Regulations]
[Pages 65214-65217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17335]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2022-0631; FRL-10786-02-R2]
Partial Approval and Partial Disapproval of Air Quality State
Implementation Plans; New Jersey; 2015 Ozone Infrastructure
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving certain elements of a State
Implementation Plan (SIP) submission from New Jersey regarding the
infrastructure requirements 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
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for the 2015 ozone NAAQS. The disapproval portion of this action does
not begin a new Federal Implementation Plan (FIP) clock, because the
FIPs are already in place. EPA proposed to approve this action on
Friday, April 12, 2024 and received no adverse comments.
DATES: This final rule is effective on September 9, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2022-0631. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., Controlled
Unclassified Information (CUI) (formally referred to as Confidential
Business Information (CBI)) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, New York, New York
10007-1866, at (212) 637-3382, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
Under sections 110(a)(1) and (2) of the Clean Air Act (CAA), each
State is required to submit a SIP that provides for the implementation,
maintenance, and enforcement of a revised primary or secondary NAAQS or
standard. CAA sections 110(a)(1) and (2) require each State to make a
new SIP submission within three years after the EPA promulgates a new
or revised NAAQS for approval into the existing federally approved SIP
to assure that the SIP meets the applicable requirements for such new
and revised NAAQS.
On April 12, 2024 (89 FR 25841), the EPA proposed to approve most
elements of a submission from the New Jersey Department of
Environmental Protection (NJDEP) submitted on May 13, 2019, as fully
meeting the infrastructure requirements for the 2015 8-hour ozone NAAQS
(89 FR 25841) 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), (G), (H), (J) (consultation and public
notification only), (K), (L), and (M) of the CAA. EPA is proposing to
disapprove the portion of the submission that relates to prevention of
significant deterioration (PSD). An explanation of the CAA
requirements, a detailed analysis of the revisions, and EPA's reasons
for proposing approval were provided in the notice of proposed
rulemaking (NPRM) and will not be restated here.
II. What comments were received in response to the EPA's proposed
action?
In response to the EPA's April 12, 2024, proposed rulemaking on New
Jersey's SIP revisions, the EPA received three comments during the 30-
day public comment period that ended on May 13, 2024. The specific
comments may be viewed under Docket ID Number EPA-R02-OAR-2022-0631 on
the https://regulations.gov website.
Comments 1 & 2
Two public comments were submitted that support the EPA's action.
Response 1 & 2
The EPA acknowledges the commenters' support of the EPA's proposed
rule.
Comment 3
A third comment asked about the establishment of infrastructure
requirements for cannabis dispensaries. Specifically, the commenter
believes that these requirements should be imposed on dispensaries and
their owners rather than on taxpayers.
Response 3
After reviewing the comment, EPA has determined that the comment is
outside the scope of our proposed action or fails to identify any
material issue necessitating a response. The comment does not raise
issues germane or relevant to the EPA's proposed action. The comment
lacks the required specificity to the proposed SIP revision and the
relevant requirements of CAA section 110. Moreover, the comment does
not address a specific regulation or provision in question or recommend
a different action on the SIP submission from what EPA proposed, and
therefore is not adverse to this action. For this reason, the EPA will
not provide a specific response to the comment.
III. What action is the EPA taking?
The EPA is approving NJDEP's SIP revision submitted on May 13,
2019, for the 2015 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), (G), (H), (J) (consultation
and public notification only), (K), (L), and (M).
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. However, EPA does not
recognize a delegated PSD program as satisfying the Infrastructure SIP
requirements. Therefore, as discussed in the proposed approval, 89 FR
2584, EPA is disapproving 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 Federal Implementation
Plan obligation since a PSD Federal Implementation Plan is already in
place.
IV. 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, Executive
Order 13563: Improving Regulation and Regulatory 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.
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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 to 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.
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.''
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.
Accordingly, this final action is approving in part, and disapproving
in part a State implementation plan as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law.
The State evaluated environmental justice considerations as part of
its SIP submittal even though the CAA and applicable implementing
regulations neither prohibit nor require an evaluation. EPA reviewed
and considered the air agency's evaluation of environmental justice
considerations of this action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 8, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrador, Region 2.
For the reasons set forth in the preamble, EPA is amending 40 CFR
part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. In Sec. 52.1570 paragraph (e), the table is amended by adding the
entry for ``NJ Infrastructure SIP for the 2015 ozone NAAQS'' at the end
of the table to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(e) * * *
[[Page 65217]]
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
SIP element geographic or New Jersey submittal EPA approval Explanation
nonattainment area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
NJ Infrastructure SIP for the Statewide........... 05/13/2019.......... 8/9/2024, Full
2015 ozone NAAQS. [insert approval.
Federal This action
Register addresses the
citation]. following CAA
elements:
110(a)(2)(A), (B),
(C) (enforcement
program only),
(D)(i)(II) prong 4
(visibility), (E),
(F), (G), (H), (J)
(consultation and
public notification
only), (K), (L),
and (M).
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1586 is amended by revising paragraphs (c)(1) and (2) to
read as follows:
Sec. 52.1586 Section 110(a)(2) Infrastructure requirements.
* * * * *
(c) * * *
(1) Approval. New Jersey SIP revision submitted on May 13, 2019 to
address CAA infrastructure requirements of 110(a)(2) for the 2015 8-
hour ozone NAAQS is approved for (A), (B), (C)(enforcement program
only), (D)(i)(II) prong 4 (visibility), (E), (F), (G),(H),
(J)(consultation and public notification only),(K), (L), and (M).
(2) Disapproval. New Jersey SIP revision submitted on May 13, 2019,
to address the CAA infrastructure requirements of 110(a)(2) for the
2015 8-hour ozone NAAQS, is disapproved for (C)(Preconstruction PSD
program only), (D)(i)(I) (prongs 1 and 2), (D)(i)(II) prong 3, (D)(ii),
and (J)(PSD program only). PSD program requirements are being addressed
by Sec. 52.1603 which has been delegated to New Jersey to implement.
* * * * *
[FR Doc. 2024-17335 Filed 8-8-24; 8:45 am]
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