Environmental Protection Agency December 20, 2023 – Federal Register Recent Federal Regulation Documents
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Approval of Air Quality Implementation Plans; New Jersey; Exemptions To Improve Resiliency, Air Toxics Thresholds, PM2.5 and Ammonia Emission Statement Reporting, and PM2.5 in Air Permitting; Correction
The Environmental Protection Agency (EPA) is correcting a final rule that appeared in the Federal Register on November 28, 2023. The document issues a final rule approving adoptions, repeals, and amendments to the New Jersey State Implementation Plan (SIP), submitted by the New Jersey Department of Environmental Protection (NJDEP) on December 17, 2017, and August 23, 2018, that concern exemptions to improve resiliency during emergency situations, updates to hazardous air pollutant (HAP) reporting thresholds, updates to the certification and submission of emission statements, the addition of Federal New Source Review (NSR) requirements for fine particles (PM2.5), and conform administrative penalties to the approved rules and correct inconsistencies throughout the State's SIP. This correction addresses errors in the amendatory instructions published on November 28, 2023.
Air Plan Revisions; California; Vehicle Inspection and Maintenance Contingency Measure
Under the Clean Air Act (CAA or ``Act''), the Environmental Protection Agency (EPA) is proposing to approve revisions to the California State Implementation Plan (SIP). These revisions concern an amendment to the California motor vehicle inspection and maintenance (I/M) program (also referred to as ``Smog Check'') to include a contingency measure that, if triggered, would narrow the Smog Check inspection exemption for newer model year vehicles in certain California nonattainment areas. The EPA is proposing to approve, as part of the California SIP, the contingency measure and a related statutory provision that authorizes the contingency measure because they meet all the applicable requirements. We are taking comments on this proposal and plan to follow with a final action.
Interim Final Determination To Stay or Defer Sanctions; California; San Joaquin Valley Unified Air Pollution Control District
The Environmental Protection Agency (EPA) is making an interim final determination that the State of California has submitted revisions to the California State Implementation Plan (SIP) that satisfy the requirements under the Clean Air Act (CAA or ``Act'') for nonattainment areas classified as ``Serious'' for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS), and for contingency measures for the 2006 24-hour PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS, in the San Joaquin Valley (SJV) nonattainment area. This determination is based on a proposed approval, published on July 14, 2023, of SIP revisions addressing the Serious area requirements for the 1997 annual PM2.5 NAAQS (except contingency measures) and on proposed approvals, published elsewhere in this issue of the Federal Register, of SIP revisions addressing the contingency measure requirements for the 1997 annual PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, and the 2012 annual PM2.5 NAAQS. The effect of this interim final determination is to stay the application of the offset sanction and to defer the application of the highway sanction that were triggered by previous EPA actions that included disapproval of the certain Serious area SIP elements submitted for the San Joaquin Valley for the 1997 annual PM2.5 NAAQS (including the contingency measure element), and disapproval of the contingency measure SIP elements for the 2006 24-hour PM2.5 NAAQS and the 2012 annual PM2.5 NAAQS.
Clean Air Plans; Contingency Measures for the Fine Particulate Matter Standards; San Joaquin Valley, California
The Environmental Protection Agency (EPA) is proposing to approve two state implementation plan (SIP) submissions under the Clean Air Act (CAA) that address the contingency measures requirements for the 1997 annual, 2006 24-hour, and 2012 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ``standards'') for the San Joaquin Valley PM2.5 nonattainment area. The two SIP submissions include the area's contingency measure plan element and two specific contingency measures that would apply to residential wood burning heaters and fireplaces and non-agricultural, rural open areas. A third contingency measure, applicable to light-duty on-road motor vehicles, is the subject of a separate action by the EPA, but the related emissions reductions from the third measure are accounted for in this proposed rule. The EPA is proposing approval of the SIP submissions because the Agency has determined that they are in accordance with the applicable requirements for such SIP submissions under the CAA and EPA implementation regulations for the PM2.5 NAAQS. The proposed approval, if finalized, would incorporate the two contingency measures into the federally enforceable SIP. The EPA will accept comments on this proposed rule during a 30-day public comment period.
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