Approval and Promulgation of State Implementation Plans; New Jersey; Elements of the 2008 and 2015 Ozone National Ambient Air Quality Standards, 71826-71830 [2024-19581]

Download as PDF ddrumheller on DSK120RN23PROD with RULES1 71826 Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations Maryland-National Capital Region to act on his or her behalf. (2) Event Patrol Commander or Event PATCOM means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Maryland-National Capital Region Coast Guard Sector Captain of the Port (COTP) to enforce these regulations. (3) Official patrol means any vessel assigned or approved by the COTP with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign, or any State or local law enforcement vessel approved by the COTP in accordance with current local agreements. (c) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply. (2) Vessels may not enter, remain in, or transit through the safety zone during enforcement unless authorized to do so by the COTP or the Event PATCOM. (3) Persons or vessels requiring entry into or passage through the safety zone must first request authorization from the Captain of the Port, Sector MarylandNational Capital Region to seek permission to transit the area. The Captain of the Port, Maryland-National Capital Region can be contacted at telephone number (410) 576–2693. The Coast Guard vessels enforcing this section can be contacted on VHF Marine Band Radio, VHF channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port, Maryland-National Capital Region and proceed at the minimum speed necessary to maintain a safe course while within the zone. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies. (e) Enforcement period. This rule is effective and subject to enforcement from 8 a.m. to 1 p.m. on September 15, 2024. (f) Postponement or cancellation. The COTP or Event PATCOM may order the postponement or cancellation of this event at any time if, in their sole discretion, it is determined that the event cannot be conducted in a safe manner. Patrick C. Burkett, Captain, U.S. Coast Guard, Captain of the Port Sector Maryland/NCR. [FR Doc. 2024–19797 Filed 9–3–24; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 17:03 Sep 03, 2024 Jkt 262001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2022–0647, FRL–12038– 02–R2] Approval and Promulgation of State Implementation Plans; New Jersey; Elements of the 2008 and 2015 Ozone National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving the demonstration portions of the comprehensive State Implementation Plan (SIP) revision submitted by New Jersey that certify that the State has satisfied the requirements for an emission statement program, certify that the State has satisfied the requirements for an ozone nonattainment new source review program, certify that the State has satisfied the requirements for a nonattainment emission inventory, and certify that the State has satisfied the requirements for clean fuels for fleets. The EPA is approving New Jersey’s reasonable further progress plans and associated motor vehicle emission budgets for both the Moderate and Serious classifications of the 2008 ozone NAAQS. These actions are being taken in accordance with the requirements of the Clean Air Act. DATES: This rule is effective on October 4, 2024. ADDRESSES: The EPA has established a docket for this action under Docket ID Number EPA–R02–OAR–2022–0647 at https://www.regulations.gov. 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: Fausto Taveras, Environmental Protection Agency, 290 Broadway, New York, New York 10007–1866, at (212) 637–3378, or by email at Taveras.Fausto@epa.gov. SUMMARY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 SUPPLEMENTARY INFORMATION: Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents: I. What is the background for this action? II. What comments were received in responses to the EPA’s proposed action? III. What action is the EPA taking? IV. Environmental Justice Considerations V. Statutory and Executive Order Reviews I. What is the background for this action? On July 10, 2024, the EPA proposed to approve State Implementation Plan (SIP) revisions submitted by the State of New Jersey on November 23, 2021, for purposes of addressing planning elements for the 2008 and 2015 ozone 8-hour National Ambient Air Quality Standard (NAAQS) for the New Jersey portion of the New York-Northern New Jersey-Long Island (NY–NJ–CT) nonattainment area (also referred to as the New York Metro Area or NYMA) and the New Jersey portion of the Philadelphia-Wilmington-Atlantic City (PA–NJ–MD–DE) nonattainment area (also referred to as the Philadelphia area) (the Proposal). See 89 FR 56683. In the Proposal, the EPA proposed to approve New Jersey’s reasonable further progress plan and motor vehicle emission budgets for New Jersey’s portion of the NYMA for the 2008 ozone Serious classification, New Jersey’s certification that the State has satisfied the requirements for an ozone nonattainment new source review (NNSR) program for the 2015 ozone NAAQS in both nonattainment areas and statewide pursuant to requirements for States located in the Ozone Transport Region (OTR), New Jersey’s certification that the statewide NNSR also satisfies the requirements for the State’s Serious classification in the NYMA area for the 2008 Ozone NAAQS, New Jersey’s certification that the State has satisfied the requirements for a nonattainment emission inventory for the 2015 ozone NAAQS in both nonattainment areas, New Jersey’s certification that the State has satisfied the requirements of an emission statement program for the 2008 ozone Serious classification for the NYMA nonattainment area, and New Jersey’s certification that the State has satisfied the requirements for clean fuels for fleet for the NYMA. In the Proposal, the EPA also proposed to approve portions of a comprehensive SIP revisions submitted by the State on New Jersey on January 2, 2018. And the EPA proposed to approve New Jersey’s reasonable further E:\FR\FM\04SER1.SGM 04SER1 Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations progress plan and motor vehicle emission budgets for the 2008 ozone Moderate classification of the State’s portion of the NYMA. Planning elements addressed in this final action from New Jersey’s comprehensive January 2, 2018, and November 23, 2021, SIP submissions along with the respective ozone NAAQS classification and nonattainment areas are outlined in Table 1. The specific details of New Jersey’s SIP submittals and the rationale for the EPA’s approval action are explained in 71827 the EPA’s proposed rulemaking and are not restated in this final action. For this detailed information, the reader is referred to the Proposal. TABLE 1—SIP ELEMENTS THAT THE EPA IS APPROVING THAT ARE ADDRESSED IN NEW JERSEY’S COMPREHENSIVE SIP REVISION SUBMITTED ON JANUARY 2, 2018, AND NOVEMBER 23, 2021 Ozone NAAQS & classification SIP element 2008 Ozone NAAQS—Moderate Classification. Reasonable Further Progress plan and Motor Vehicle Emission Budgets. Reasonable Further Progress plan and Motor Vehicle Emission Budgets. New Source Review Program (NNSR) certification. Certification of the State’s Emission Statement Program. Clean Fuels for Fleets ................ 2008 Ozone NAAQS—Serious Classification. 2008 Ozone NAAQS—Serious Classifications. 2008 Ozone NAAQS—Serious Classification. 2008 Ozone NAAQS—Serious Classification. 2015 Ozone NAAQS—Marginal & Moderate Classifications. New Source Review Program (NNSR). 2015 Ozone NAAQS—OTR ........ 2015 Ozone NAAQS—Marginal & Moderate Classifications. Nonattainment areas New Source Review Program (NNSR). Nonattainment emission inventory under CAA section 182(a)(1). II. What comments were received in response to the EPA’s proposed action? In response to the Proposal, the EPA received no comments during the 30day public comment period. As a result, no changes have been made to this final rule. III. What action is the EPA taking? In this rule, the EPA is approving portions of a comprehensive SIP revision submitted by the State of New Jersey on November 23, 2021, certifying that the State has satisfied the requirements for an ozone NNSR program for the Serious classification of the 2008 Ozone NAAQS, both Marginal and Moderate classifications and OTR requirements for the 2015 Ozone NAAQS, certifying that the State has SIP submission date New Jersey’s portion of the New York-Northern New Jersey-Long Island (NY–NJ–CT). January 2, 2018 New Jersey’s portion of the New York-Northern New Jersey-Long Island (NY–NJ–CT). November 23, 2021 New Jersey’s portion of the New York-Northern New Jersey-Long Island (NY–NJ–CT). New Jersey’s portion of the New York-Northern New Jersey-Long Island (NY–NJ–CT). New Jersey’s portion of the New York-Northern New Jersey-Long Island (NY–NJ–CT). New Jersey’s portion of the Philadelphia-Wilmington-Atlantic City (PA–NJ–MD–DE) & New Jersey’s portion of the New York-Northern New Jersey-Long Island (NY–NJ–CT). Statewide .............................................................. November 23, 2021 New Jersey’s portion of the Philadelphia-Wilmington-Atlantic City (PA–NJ–MD–DE) & New Jersey’s portion of the New York-Northern New Jersey-Long Island (NY–NJ–CT). November 23, 2021 satisfied the requirements for a nonattainment emission inventory for the 2015 Ozone NAAQS, certifying that the State has satisfied the requirements of an emission statement program for the 2008 Ozone Serious classification for the NYMA, and certifying that the State has satisfied the requirements for clean fuels for fleets for the 2008 Ozone NAAQS Serious classification for its portion of the NYMA. The EPA is also approving New Jersey’s reasonable further progress plans for both the Moderate and Serious classifications of the 2008 Ozone NAAQS in the NYMA. In this rulemaking, the EPA is finalizing approval of New Jersey’s 2017 motor vehicle emissions budgets established for the New Jersey portion of the NY–NJ–CT nonattainment area in November 23, 2021 November 23, 2021 November 23, 2021 November 23, 2021 the State’s comprehensive January 2, 2018, SIP submittal. The EPA is approving these budgets because the EPA has completed its review of the State’s overall 2008 Moderate RFP plan which demonstrates the required VOC/ NOx emission reduction from the 2011 baseline year under CAA section 172(c)(2), 182(b)(1), and 40 CFR 51.1110. Table 2 lists New Jersey’s 2017 motor vehicle emission budgets for the New Jersey portion of the NY–NJ–CT nonattainment area being approved into New Jersey’s SIP. Additional details of New Jersey’s 2017 motor vehicle emission budgets and the rationale for the EPA’s approval are outlined in the EPA’s proposed rulemaking. See 89 FR 56683. ddrumheller on DSK120RN23PROD with RULES1 TABLE 2—MOTOR VEHICLE EMISSION BUDGETS IN NEW JERSEY’S 2008 OZONE MODERATE RFP PLANS Description NOX (tons/summer day) VOC (tons/summer day) 2017 8-Hour Ozone Motor Vehicle Emission Budgets: NJ portion of NY–NJ–CT area ......................................... 103.22 48.69 In this rulemaking, the EPA is also finalizing approval of New Jersey’s 2020 motor vehicle emission budgets established for the New Jersey portion of VerDate Sep<11>2014 17:03 Sep 03, 2024 Jkt 262001 the NY–NJ–CT nonattainment area in the State’s comprehensive November 23, 2021, SIP submittal. The EPA is approving these budgets because the PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 EPA has completed its review of the State’s overall 2008 Serious RFP plan which demonstrates the required VOC/ NOX emission reduction from the 2011 E:\FR\FM\04SER1.SGM 04SER1 71828 Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations baseline year under CAA section 182(b)(2)(B) and 40 CFR 51.1110. Table 3 lists New Jersey’s 2020 motor vehicle emission budgets for the New Jersey portion of the NY–NJ–CT nonattainment area being approved into New Jersey’s SIP. Additional details of New Jersey’s 2020 motor vehicle emission budgets and the rationale for the EPA’s approval are outlined in the EPA’s proposed rulemaking. See 89 FR 56683. ddrumheller on DSK120RN23PROD with RULES1 TABLE 3—MOTOR VEHICLE EMISSION BUDGETS IN NEW JERSEY’S 2008 OZONE SERIOUS RFP PLANS Description NOX (tons/summer day) VOC (tons/summer day) 2020 8-Hour Ozone Motor Vehicle Emission Budgets: NJ portion of NY–NJ–CT area ......................................... 76.77 42.46 IV. Environmental Justice Considerations New Jersey provided a supplement to the SIP submission being proposed for approval with this rulemaking on June 6, 2024. 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. For more information on New Jersey’s EJ initiatives, the EPA refers the reader to the proposal published on July 10, 2024. See 89 FR 56683. Although New Jersey considered EJ as part of its submittal, the EPA has determined that conducting its own comprehensive EJ analysis is not necessary in the context of this SIP submission for addressing planning elements for the 2008 and 2015 ozone 8-hour NAAQS, as the CAA and its applicable implementing regulations neither prohibit nor require such an evaluation of EJ in relation to the relevant requirements. 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. Instead, the EPA expects that this action, which assesses whether New Jersey’s SIP adequately addresses planning elements for the 2008 and 2015 ozone 8-hour NAAQS, will generally have a neutral impact on all populations, including communities of color and low-income groups, and will not worsen existing air quality standards. The EPA concludes, for informational purposes only, that this final rule will not disproportionately harm communities with environmental justice concerns. New Jersey did evaluate EJ considerations voluntarily 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 independently of the State’s EJ assessment. VerDate Sep<11>2014 17:03 Sep 03, 2024 Jkt 262001 V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this final action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program; • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act. In addition, this final rulemaking action, pertaining to New Jersey’s submissions, is not approved to apply PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on communities with environmental justice (EJ) concerns to the greatest extent practicable and permitted by law. EPA defines environmental justice EJ as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The NJDEP evaluated environmental justice as part of its SIP submittal even though the CAA and applicable implementing regulations neither prohibit nor require an evaluation. The EPA’s evaluation of the NJDEP’s environmental justice considerations is described above in the section titled, ‘‘Environmental Justice Considerations.’’ The analysis was done for the purpose of providing additional context and information about this rulemaking to the public, not as a basis of the action. The EPA is taking action under the CAA on bases independent of New Jersey’s evaluation of environmental justice. In addition, there E:\FR\FM\04SER1.SGM 04SER1 71829 Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations 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. This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 4, 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 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Lisa Garcia, Regional Administrator, Region 2. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. Amend § 52.1570, in the table in paragraph (e), by adding entries for ‘‘2008 8-hour Ozone Reasonable Further Progress Plan (RFP) for milestone year 2017; 2017 motor vehicle emission budgets used for planning purposes.’’, ‘‘2008 8-hour Ozone Reasonable Further Progress Plan (RFP) for milestone year 2020; 2020 motor vehicle emission budgets used for planning purposes.’’, ‘‘2008 8-hour Ozone Serious Nonattainment New Source Review Requirements Certification’’, ‘‘2008 8hour Ozone Serious Emission Statement Program Certification’’, ‘‘2008 8-hour Ozone Clean Fuel for Fleets’’, ‘‘2015 8hour Ozone Marginal Nonattainment New Source Review Requirements Certification’’, ‘‘2015 8-hour Ozone Moderate Nonattainment New Source Review Requirements Certification’’, ‘‘2015 8-hour Ozone Nonattainment New Source Review Requirements OTR Certification’’, ‘‘2015 8-hour Ozone Marginal nonattainment emission inventory’’, and ‘‘2015 8-hour Ozone Moderate nonattainment emission inventory’’ to the end of the table to read as follows: ■ § 52.1570 * Identification of plan. * * (e) * * * * * EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS Applicable geographic or nonattainment area SIP element * * 2008 8-hour Ozone Reasonable Further Progress Plan (RFP) for milestone year 2017; 2017 motor vehicle emission budgets used for planning purposes. 2008 8-hour Ozone Reasonable Further Progress Plan (RFP) for milestone year 2020; 2020 motor vehicle emission budgets used for planning purposes. 2008 8-hour Ozone Serious Nonattainment New Source Review Requirements Certification. 2008 8-hour Ozone Serious Emission Statement Program Certification. 2008 8-hour Ozone Clean Fuel for Fleets. ddrumheller on DSK120RN23PROD with RULES1 2015 8-hour Ozone Marginal Nonattainment New Source Review Requirements Certification. 2015 8-hour Ozone Moderate Nonattainment New Source Review Requirements Certification. VerDate Sep<11>2014 17:03 Sep 03, 2024 * * New Jersey portion of the New York-Northern New Jersey-Long Island NY–NJ–CT 8-hour ozone nonattainment area. New Jersey submittal date 01/02/2018 EPA approval date Explanation * 9/4/2024, [insert Federal Register citation]. * • Full approval. * New Jersey portion of the New York-Northern New Jersey-Long Island NY–NJ–CT 8-hour ozone nonattainment area. 11/23/2021 9/4/2024, [insert Federal Register citation]. • Full approval. New Jersey portion of the New York-Northern New Jersey-Long Island NY–NJ–CT 8-hour ozone nonattainment area. New Jersey portion of the New York-Northern New Jersey-Long Island NY–NJ–CT 8-hour ozone nonattainment area. New Jersey portion of the New York-Northern New Jersey-Long Island NY–NJ–CT 8-hour ozone nonattainment area. New Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA–NJ–MD–DE, 8-hour ozone nonattainment area. New Jersey portion of the New York-Northern New Jersey-Long Island NY–NJ–CT 8-hour ozone nonattainment area. 11/23/2021 9/4/2024, [insert Federal Register citation]. • Full approval. 11/23/2021 9/4/2024, [insert Federal Register citation]. • Full approval. 11/23/2021 9/4/2024, [insert Federal Register citation]. • Full approval. 11/23/2021 9/4/2024, [insert Federal Register citation]. • Full approval. 11/23/2021 9/4/2024, [insert Federal Register citation]. • Full approval. • Certifies New Jersey’s commitment to implement NNSR requirements statewide within the Ozone Transport Region (OTR) for the 2015 Ozone NAAQS. Jkt 262001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 71830 Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued Applicable geographic or nonattainment area SIP element EPA approval date Explanation • Full approval. • Certifies New Jersey’s commitment to implement NNSR requirements statewide within the Ozone Transport Region (OTR) for the 2015 Ozone NAAQS. • Full approval. 2015 8-hour Ozone Nonattainment New Source Review Requirements OTR Certification. State-wide ..................................... 11/23/2021 9/4/2024, [insert Federal Register citation]. 2015 8-hour Ozone Marginal nonattainment emission inventory. New Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA–NJ–MD–DE, 8-hour ozone nonattainment area. New Jersey portion of the New York-Northern New Jersey-Long Island NY–NJ–CT 8-hour ozone nonattainment area. 11/23/2021 9/4/2024, [insert Federal Register citation]. 11/23/2021 9/4/2024, [insert Federal Register citation]. 2015 8-hour Ozone Moderate nonattainment emission inventory. 3. Amend § 52.1582 by adding paragraph (s) to read as follows: ■ § 52.1582 Control strategy and regulations: Ozone. * ddrumheller on DSK120RN23PROD with RULES1 New Jersey submittal date * * * * (s)(1) The Reasonable Further Progress Plans for milestone years 2017 and 2020 pursuant to the 2008 8-hour Ozone NAAQS, included in New York’s January 2, 2018, and November 23, 2021, State Implementation Plan submittals for the New Jersey portion of the New York-Northern New JerseyLong Island NY–NJ–CT 8-hour ozone nonattainment area are approved. (2) The November 23, 2021, New Jersey plan submittal providing a certification that the State has satisfied the requirements for an ozone nonattainment new source review program as sufficient for purposes of the state-wide 2008 8-hour ozone NAAQS Serious classification, including the New Jersey portion of the NY–NJ–CT nonattainment area, is approved. (3) New Jersey’s certification that the State has satisfied the requirements for Emission Statement Program under the Clean Air Act for the 2008 8-hour Ozone NAAQS Serious classification, included in the State’s November 23, 2021, SIP submittal for the New Jersey portion of the New York-Northern New JerseyLong Island nonattainment area is approved. (4) New Jersey’s certification that the State has satisfied the requirements for Clean Fuel for Fleets under the Clean Air Act for the 2008 8-hour Ozone NAAQS, included in the State’s November 23, 2021, SIP submittal for the New Jersey portion of the New YorkNorthern New Jersey-Long Island nonattainment area is approved. (5) The November 23, 2021, New Jersey plan submittal providing a certification that the State has satisfied the requirements for an ozone VerDate Sep<11>2014 17:03 Sep 03, 2024 Jkt 262001 nonattainment new source review program as sufficient for purposes of the 2015 8-hour ozone NAAQS Marginal classification for the New Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA–NJ–MD–DE, 8-hour ozone nonattainment area, is approved. (6) The November 23, 2021, New Jersey plan submittal providing a certification that the State has satisfied the requirements for an ozone nonattainment new source review program as sufficient for purposes of the state-wide 2015 8-hour ozone NAAQS Moderate classification, including the New Jersey portion of the NY–NJ–CT nonattainment area, is approved. [FR Doc. 2024–19581 Filed 9–3–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R09–OAR–2022–0326; FRL–9693–02– R9] Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; 2015 Ozone Infrastructure Requirements Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving in part and disapproving in part State implementation plan (SIP) revisions submitted by the State of Arizona pursuant to the Clean Air Act (CAA) for the implementation, maintenance, and enforcement of the 2015 ozone national ambient air quality standards (NAAQS or ‘‘standard’’). In addition to our partial approval and partial disapproval of Arizona’s SIP revision, the EPA is SUMMARY: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 • Full approval. approving rules in the Arizona Revised Statutes and Pima County Code related to public availability of emissions reports into the Arizona SIP and reclassifying regions in Arizona with respect to emergency episode plans for ozone. Additionally, this final action includes an error correction to amend regulatory text related to the nonattainment designation of the Phoenix-Mesa, Arizona area for the 2015 ozone NAAQS. DATES: This rule is effective October 4, 2024. The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2022–0326. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. ADDRESSES: Ben Leers, Planning and Analysis Branch (AIR–2), Air and Radiation Division, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947– 4279, or by email at leers.ben@epa.gov. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\04SER1.SGM 04SER1

Agencies

[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Rules and Regulations]
[Pages 71826-71830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19581]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0647, FRL-12038-02-R2]


Approval and Promulgation of State Implementation Plans; New 
Jersey; Elements of the 2008 and 2015 Ozone National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
demonstration portions of the comprehensive State Implementation Plan 
(SIP) revision submitted by New Jersey that certify that the State has 
satisfied the requirements for an emission statement program, certify 
that the State has satisfied the requirements for an ozone 
nonattainment new source review program, certify that the State has 
satisfied the requirements for a nonattainment emission inventory, and 
certify that the State has satisfied the requirements for clean fuels 
for fleets. The EPA is approving New Jersey's reasonable further 
progress plans and associated motor vehicle emission budgets for both 
the Moderate and Serious classifications of the 2008 ozone NAAQS. These 
actions are being taken in accordance with the requirements of the 
Clean Air Act.

DATES: This rule is effective on October 4, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2022-0647 at https://www.regulations.gov. 
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: Fausto Taveras, Environmental 
Protection Agency, 290 Broadway, New York, New York 10007-1866, at 
(212) 637-3378, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents:

I. What is the background for this action?
II. What comments were received in responses to the EPA's proposed 
action?
III. What action is the EPA taking?
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On July 10, 2024, the EPA proposed to approve State Implementation 
Plan (SIP) revisions submitted by the State of New Jersey on November 
23, 2021, for purposes of addressing planning elements for the 2008 and 
2015 ozone 8-hour National Ambient Air Quality Standard (NAAQS) for the 
New Jersey portion of the New York-Northern New Jersey-Long Island (NY-
NJ-CT) nonattainment area (also referred to as the New York Metro Area 
or NYMA) and the New Jersey portion of the Philadelphia-Wilmington-
Atlantic City (PA-NJ-MD-DE) nonattainment area (also referred to as the 
Philadelphia area) (the Proposal). See 89 FR 56683. In the Proposal, 
the EPA proposed to approve New Jersey's reasonable further progress 
plan and motor vehicle emission budgets for New Jersey's portion of the 
NYMA for the 2008 ozone Serious classification, New Jersey's 
certification that the State has satisfied the requirements for an 
ozone nonattainment new source review (NNSR) program for the 2015 ozone 
NAAQS in both nonattainment areas and statewide pursuant to 
requirements for States located in the Ozone Transport Region (OTR), 
New Jersey's certification that the statewide NNSR also satisfies the 
requirements for the State's Serious classification in the NYMA area 
for the 2008 Ozone NAAQS, New Jersey's certification that the State has 
satisfied the requirements for a nonattainment emission inventory for 
the 2015 ozone NAAQS in both nonattainment areas, New Jersey's 
certification that the State has satisfied the requirements of an 
emission statement program for the 2008 ozone Serious classification 
for the NYMA nonattainment area, and New Jersey's certification that 
the State has satisfied the requirements for clean fuels for fleet for 
the NYMA.
    In the Proposal, the EPA also proposed to approve portions of a 
comprehensive SIP revisions submitted by the State on New Jersey on 
January 2, 2018. And the EPA proposed to approve New Jersey's 
reasonable further

[[Page 71827]]

progress plan and motor vehicle emission budgets for the 2008 ozone 
Moderate classification of the State's portion of the NYMA. Planning 
elements addressed in this final action from New Jersey's comprehensive 
January 2, 2018, and November 23, 2021, SIP submissions along with the 
respective ozone NAAQS classification and nonattainment areas are 
outlined in Table 1.
    The specific details of New Jersey's SIP submittals and the 
rationale for the EPA's approval action are explained in the EPA's 
proposed rulemaking and are not restated in this final action. For this 
detailed information, the reader is referred to the Proposal.

  Table 1--SIP Elements That the EPA Is Approving That Are Addressed in New Jersey's Comprehensive SIP Revision
                               Submitted on January 2, 2018, and November 23, 2021
----------------------------------------------------------------------------------------------------------------
   Ozone NAAQS & classification          SIP element        Nonattainment areas        SIP submission date
----------------------------------------------------------------------------------------------------------------
2008 Ozone NAAQS--Moderate          Reasonable Further     New Jersey's portion  January 2, 2018
 Classification.                     Progress plan and      of the New York-
                                     Motor Vehicle          Northern New Jersey-
                                     Emission Budgets.      Long Island (NY-NJ-
                                                            CT).
2008 Ozone NAAQS--Serious           Reasonable Further     New Jersey's portion  November 23, 2021
 Classification.                     Progress plan and      of the New York-
                                     Motor Vehicle          Northern New Jersey-
                                     Emission Budgets.      Long Island (NY-NJ-
                                                            CT).
2008 Ozone NAAQS--Serious           New Source Review      New Jersey's portion  November 23, 2021
 Classifications.                    Program (NNSR)         of the New York-
                                     certification.         Northern New Jersey-
                                                            Long Island (NY-NJ-
                                                            CT).
2008 Ozone NAAQS--Serious           Certification of the   New Jersey's portion  November 23, 2021
 Classification.                     State's Emission       of the New York-
                                     Statement Program.     Northern New Jersey-
                                                            Long Island (NY-NJ-
                                                            CT).
2008 Ozone NAAQS--Serious           Clean Fuels for        New Jersey's portion  November 23, 2021
 Classification.                     Fleets.                of the New York-
                                                            Northern New Jersey-
                                                            Long Island (NY-NJ-
                                                            CT).
2015 Ozone NAAQS--Marginal &        New Source Review      New Jersey's portion  November 23, 2021
 Moderate Classifications.           Program (NNSR).        of the Philadelphia-
                                                            Wilmington-Atlantic
                                                            City (PA-NJ-MD-DE)
                                                            & New Jersey's
                                                            portion of the New
                                                            York-Northern New
                                                            Jersey-Long Island
                                                            (NY-NJ-CT).
2015 Ozone NAAQS--OTR.............  New Source Review      Statewide...........  November 23, 2021
                                     Program (NNSR).
2015 Ozone NAAQS--Marginal &        Nonattainment          New Jersey's portion  November 23, 2021
 Moderate Classifications.           emission inventory     of the Philadelphia-
                                     under CAA section      Wilmington-Atlantic
                                     182(a)(1).             City (PA-NJ-MD-DE)
                                                            & New Jersey's
                                                            portion of the New
                                                            York-Northern New
                                                            Jersey-Long Island
                                                            (NY-NJ-CT).
----------------------------------------------------------------------------------------------------------------

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

    In response to the Proposal, the EPA received no comments during 
the 30-day public comment period. As a result, no changes have been 
made to this final rule.

III. What action is the EPA taking?

    In this rule, the EPA is approving portions of a comprehensive SIP 
revision submitted by the State of New Jersey on November 23, 2021, 
certifying that the State has satisfied the requirements for an ozone 
NNSR program for the Serious classification of the 2008 Ozone NAAQS, 
both Marginal and Moderate classifications and OTR requirements for the 
2015 Ozone NAAQS, certifying that the State has satisfied the 
requirements for a nonattainment emission inventory for the 2015 Ozone 
NAAQS, certifying that the State has satisfied the requirements of an 
emission statement program for the 2008 Ozone Serious classification 
for the NYMA, and certifying that the State has satisfied the 
requirements for clean fuels for fleets for the 2008 Ozone NAAQS 
Serious classification for its portion of the NYMA. The EPA is also 
approving New Jersey's reasonable further progress plans for both the 
Moderate and Serious classifications of the 2008 Ozone NAAQS in the 
NYMA.
    In this rulemaking, the EPA is finalizing approval of New Jersey's 
2017 motor vehicle emissions budgets established for the New Jersey 
portion of the NY-NJ-CT nonattainment area in the State's comprehensive 
January 2, 2018, SIP submittal. The EPA is approving these budgets 
because the EPA has completed its review of the State's overall 2008 
Moderate RFP plan which demonstrates the required VOC/NOx emission 
reduction from the 2011 baseline year under CAA section 172(c)(2), 
182(b)(1), and 40 CFR 51.1110. Table 2 lists New Jersey's 2017 motor 
vehicle emission budgets for the New Jersey portion of the NY-NJ-CT 
nonattainment area being approved into New Jersey's SIP. Additional 
details of New Jersey's 2017 motor vehicle emission budgets and the 
rationale for the EPA's approval are outlined in the EPA's proposed 
rulemaking. See 89 FR 56683.

   Table 2--Motor Vehicle Emission Budgets in New Jersey's 2008 Ozone
                           Moderate RFP Plans
------------------------------------------------------------------------
                                           NOX (tons/       VOC (tons/
              Description                 summer day)      summer day)
------------------------------------------------------------------------
2017 8-Hour Ozone Motor Vehicle                 103.22            48.69
 Emission Budgets: NJ portion of NY-NJ-
 CT area..............................
------------------------------------------------------------------------

    In this rulemaking, the EPA is also finalizing approval of New 
Jersey's 2020 motor vehicle emission budgets established for the New 
Jersey portion of the NY-NJ-CT nonattainment area in the State's 
comprehensive November 23, 2021, SIP submittal. The EPA is approving 
these budgets because the EPA has completed its review of the State's 
overall 2008 Serious RFP plan which demonstrates the required VOC/
NOX emission reduction from the 2011

[[Page 71828]]

baseline year under CAA section 182(b)(2)(B) and 40 CFR 51.1110. Table 
3 lists New Jersey's 2020 motor vehicle emission budgets for the New 
Jersey portion of the NY-NJ-CT nonattainment area being approved into 
New Jersey's SIP. Additional details of New Jersey's 2020 motor vehicle 
emission budgets and the rationale for the EPA's approval are outlined 
in the EPA's proposed rulemaking. See 89 FR 56683.

   Table 3--Motor Vehicle Emission Budgets in New Jersey's 2008 Ozone
                            Serious RFP Plans
------------------------------------------------------------------------
                                           NOX (tons/       VOC (tons/
              Description                 summer day)      summer day)
------------------------------------------------------------------------
2020 8-Hour Ozone Motor Vehicle                  76.77            42.46
 Emission Budgets: NJ portion of NY-NJ-
 CT area..............................
------------------------------------------------------------------------

IV. Environmental Justice Considerations

    New Jersey provided a supplement to the SIP submission being 
proposed for approval with this rulemaking on June 6, 2024. 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. For more information on New Jersey's EJ 
initiatives, the EPA refers the reader to the proposal published on 
July 10, 2024. See 89 FR 56683.
    Although New Jersey considered EJ as part of its submittal, the EPA 
has determined that conducting its own comprehensive EJ analysis is not 
necessary in the context of this SIP submission for addressing planning 
elements for the 2008 and 2015 ozone 8-hour NAAQS, as the CAA and its 
applicable implementing regulations neither prohibit nor require such 
an evaluation of EJ in relation to the relevant requirements. 
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. 
Instead, the EPA expects that this action, which assesses whether New 
Jersey's SIP adequately addresses planning elements for the 2008 and 
2015 ozone 8-hour NAAQS, will generally have a neutral impact on all 
populations, including communities of color and low-income groups, and 
will not worsen existing air quality standards.
    The EPA concludes, for informational purposes only, that this final 
rule will not disproportionately harm communities with environmental 
justice concerns. New Jersey did evaluate EJ considerations voluntarily 
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 independently of the State's EJ assessment.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 
2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act.
    In addition, this final rulemaking action, pertaining to New 
Jersey's submissions, is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian Tribe 
has demonstrated that a Tribe has jurisdiction. In those areas of 
Indian country, the rule does not have Tribal implications and will not 
impose substantial direct costs on Tribal governments or preempt Tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
EPA defines environmental justice EJ as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The NJDEP evaluated environmental justice as part of its SIP 
submittal even though the CAA and applicable implementing regulations 
neither prohibit nor require an evaluation. The EPA's evaluation of the 
NJDEP's environmental justice considerations is described above in the 
section titled, ``Environmental Justice Considerations.'' The analysis 
was done for the purpose of providing additional context and 
information about this rulemaking to the public, not as a basis of the 
action. The EPA is taking action under the CAA on bases independent of 
New Jersey's evaluation of environmental justice. In addition, there

[[Page 71829]]

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.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 4, 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 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.
    Authority: 42 U.S.C. 7401 et seq.

Lisa Garcia,
Regional Administrator, Region 2.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. Amend Sec.  52.1570, in the table in paragraph (e), by adding 
entries for ``2008 8-hour Ozone Reasonable Further Progress Plan (RFP) 
for milestone year 2017; 2017 motor vehicle emission budgets used for 
planning purposes.'', ``2008 8-hour Ozone Reasonable Further Progress 
Plan (RFP) for milestone year 2020; 2020 motor vehicle emission budgets 
used for planning purposes.'', ``2008 8-hour Ozone Serious 
Nonattainment New Source Review Requirements Certification'', ``2008 8-
hour Ozone Serious Emission Statement Program Certification'', ``2008 
8-hour Ozone Clean Fuel for Fleets'', ``2015 8-hour Ozone Marginal 
Nonattainment New Source Review Requirements Certification'', ``2015 8-
hour Ozone Moderate Nonattainment New Source Review Requirements 
Certification'', ``2015 8-hour Ozone Nonattainment New Source Review 
Requirements OTR Certification'', ``2015 8-hour Ozone Marginal 
nonattainment emission inventory'', and ``2015 8-hour Ozone Moderate 
nonattainment emission inventory'' to the end of the table to read as 
follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (e) * * *

                      EPA-Approved New Jersey Nonregulatory And Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                 Applicable geographic    New Jersey
          SIP element            or nonattainment area  submittal date  EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 8-hour Ozone Reasonable    New Jersey portion of       01/02/2018  9/4/2024, [insert   Full
 Further Progress Plan (RFP)     the New York-Northern                   Federal Register   approval.
 for milestone year 2017; 2017   New Jersey-Long                         citation].
 motor vehicle emission          Island NY-NJ-CT 8-
 budgets used for planning       hour ozone
 purposes.                       nonattainment area.
2008 8-hour Ozone Reasonable    New Jersey portion of       11/23/2021  9/4/2024, [insert   Full
 Further Progress Plan (RFP)     the New York-Northern                   Federal Register   approval.
 for milestone year 2020; 2020   New Jersey-Long                         citation].
 motor vehicle emission          Island NY-NJ-CT 8-
 budgets used for planning       hour ozone
 purposes.                       nonattainment area.
2008 8-hour Ozone Serious       New Jersey portion of       11/23/2021  9/4/2024, [insert   Full
 Nonattainment New Source        the New York-Northern                   Federal Register   approval.
 Review Requirements             New Jersey-Long                         citation].
 Certification.                  Island NY-NJ-CT 8-
                                 hour ozone
                                 nonattainment area.
2008 8-hour Ozone Serious       New Jersey portion of       11/23/2021  9/4/2024, [insert   Full
 Emission Statement Program      the New York-Northern                   Federal Register   approval.
 Certification.                  New Jersey-Long                         citation].
                                 Island NY-NJ-CT 8-
                                 hour ozone
                                 nonattainment area.
2008 8-hour Ozone Clean Fuel    New Jersey portion of       11/23/2021  9/4/2024, [insert   Full
 for Fleets.                     the New York-Northern                   Federal Register   approval.
                                 New Jersey-Long                         citation].
                                 Island NY-NJ-CT 8-
                                 hour ozone
                                 nonattainment area.
2015 8-hour Ozone Marginal      New Jersey portion of       11/23/2021  9/4/2024, [insert   Full
 Nonattainment New Source        the Philadelphia-                       Federal Register   approval.
 Review Requirements             Wilmington-Atlantic                     citation].
 Certification.                  City, PA-NJ-MD-DE, 8-
                                 hour ozone
                                 nonattainment area.
2015 8-hour Ozone Moderate      New Jersey portion of       11/23/2021  9/4/2024, [insert   Full
 Nonattainment New Source        the New York-Northern                   Federal Register   approval.
 Review Requirements             New Jersey-Long                         citation].         Certifies
 Certification.                  Island NY-NJ-CT 8-                                         New Jersey's
                                 hour ozone                                                 commitment to
                                 nonattainment area.                                        implement NNSR
                                                                                            requirements
                                                                                            statewide within the
                                                                                            Ozone Transport
                                                                                            Region (OTR) for the
                                                                                            2015 Ozone NAAQS.

[[Page 71830]]

 
2015 8-hour Ozone               State-wide............      11/23/2021  9/4/2024, [insert   Full
 Nonattainment New Source                                                Federal Register   approval.
 Review Requirements OTR                                                 citation].         Certifies
 Certification.                                                                             New Jersey's
                                                                                            commitment to
                                                                                            implement NNSR
                                                                                            requirements
                                                                                            statewide within the
                                                                                            Ozone Transport
                                                                                            Region (OTR) for the
                                                                                            2015 Ozone NAAQS.
2015 8-hour Ozone Marginal      New Jersey portion of       11/23/2021  9/4/2024, [insert   Full
 nonattainment emission          the Philadelphia-                       Federal Register   approval.
 inventory.                      Wilmington-Atlantic                     citation].
                                 City, PA-NJ-MD-DE, 8-
                                 hour ozone
                                 nonattainment area.
2015 8-hour Ozone Moderate      New Jersey portion of       11/23/2021  9/4/2024, [insert   Full
 nonattainment emission          the New York-Northern                   Federal Register   approval.
 inventory.                      New Jersey-Long                         citation].
                                 Island NY-NJ-CT 8-
                                 hour ozone
                                 nonattainment area.
----------------------------------------------------------------------------------------------------------------


0
3. Amend Sec.  52.1582 by adding paragraph (s) to read as follows:


Sec.  52.1582  Control strategy and regulations: Ozone.

* * * * *
    (s)(1) The Reasonable Further Progress Plans for milestone years 
2017 and 2020 pursuant to the 2008 8-hour Ozone NAAQS, included in New 
York's January 2, 2018, and November 23, 2021, State Implementation 
Plan submittals for the New Jersey portion of the New York-Northern New 
Jersey-Long Island NY-NJ-CT 8-hour ozone nonattainment area are 
approved.
    (2) The November 23, 2021, New Jersey plan submittal providing a 
certification that the State has satisfied the requirements for an 
ozone nonattainment new source review program as sufficient for 
purposes of the state-wide 2008 8-hour ozone NAAQS Serious 
classification, including the New Jersey portion of the NY-NJ-CT 
nonattainment area, is approved.
    (3) New Jersey's certification that the State has satisfied the 
requirements for Emission Statement Program under the Clean Air Act for 
the 2008 8-hour Ozone NAAQS Serious classification, included in the 
State's November 23, 2021, SIP submittal for the New Jersey portion of 
the New York-Northern New Jersey-Long Island nonattainment area is 
approved.
    (4) New Jersey's certification that the State has satisfied the 
requirements for Clean Fuel for Fleets under the Clean Air Act for the 
2008 8-hour Ozone NAAQS, included in the State's November 23, 2021, SIP 
submittal for the New Jersey portion of the New York-Northern New 
Jersey-Long Island nonattainment area is approved.
    (5) The November 23, 2021, New Jersey plan submittal providing a 
certification that the State has satisfied the requirements for an 
ozone nonattainment new source review program as sufficient for 
purposes of the 2015 8-hour ozone NAAQS Marginal classification for the 
New Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE, 8-hour ozone nonattainment area, is approved.
    (6) The November 23, 2021, New Jersey plan submittal providing a 
certification that the State has satisfied the requirements for an 
ozone nonattainment new source review program as sufficient for 
purposes of the state-wide 2015 8-hour ozone NAAQS Moderate 
classification, including the New Jersey portion of the NY-NJ-CT 
nonattainment area, is approved.

[FR Doc. 2024-19581 Filed 9-3-24; 8:45 am]
BILLING CODE 6560-50-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.