
[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Rules and Regulations]
[Pages 55576-55578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17563]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0459; FRL-10785-02-R2]


Approval of Air Quality Implementation Plans; New Jersey; New 
Jersey 2017 Periodic Emission Inventory SIP for the Ozone Nonattainment 
Area and PM2.5/Regional Haze Areas, New Jersey Nonattainment Emission 
Inventory for 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the New Jersey 
Department of Environmental Protection (NJDEP). The SIP revision 
consists of the following: 2017 calendar year ozone precursor emission 
inventory for volatile organic compounds (VOCs), oxides of nitrogen 
(NOX), and carbon monoxide (CO) for the Northern New Jersey 
portion of the New York-Northern New Jersey-Long Island NY-NJ-CT ozone 
nonattainment area (Northern New Jersey) and the Southern New Jersey 
portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE ozone 
nonattainment area (Southern New Jersey). The SIP revision also 
consists of the 2017 calendar year statewide periodic emissions 
inventory for New Jersey. The pollutants included in this inventory 
include VOC, NOX, CO, particulate matter with an aerodynamic 
diameter less than or equal to 2.5 microns (PM2.5), 
particulate matter with an aerodynamic diameter less than or equal to 
10 microns (PM10), ammonia (NH3) and sulfur 
dioxide (SO2). Additionally, EPA is approving a minor update 
to the 2011 nonattainment base year emission inventory. This action is 
being taken in accordance with the Clean Air Act (CAA).

DATES: This final rule is effective on September 15, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R02-OAR-2022-0459. 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.

FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3382, or by email at 
[email protected].

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

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On May 19, 2023 (88 FR 32167), the EPA published a Notice of 
Proposed Rulemaking (NPRM) that proposed to approve a State 
Implementation Plan (SIP) revision submitted by NJDEP on November 23, 
2021. The NPRM proposed approval of three elements of the SIP 
submittal: the 2017 calendar year ozone season daily and annual ozone 
precursor emission inventory for CO, NOX and VOCs for the 
Northern New Jersey and Southern New Jersey ozone nonattainment areas, 
the statewide 2017 emission inventory, and a revision for the 2011 base 
year emission inventory. In addition, the SIP revision submittal 
consisted of the 2017 calendar year PM2.5/Regional Haze 
emissions inventory that was developed statewide for New Jersey. The 
pollutants included in the inventory are annual emissions for VOC, 
NOX, PM2.5, PM10, NH3 and 
SO2.
    These submittals were made, in part to meet requirements for 
serious areas for the 2008 ozone National Ambient Air Quality Standard 
(NAAQS). Other specific requirements of New Jersey's SIP revisions for 
the 2008 ozone NAAQS and the rationale for the EPA's proposed action 
are explained in the NPRM and will not be restated here.

II. Response to Comments

    EPA provided a 30-day review and comment period for the May 19, 
2023, proposed rule. The comment period ended on Jun 20, 2023. In 
response to EPA's May 19, 2023, proposed rulemaking on New Jersey's SIP 
revision, EPA received one comment during the 30-day public comment 
period. The specific comment may be reviewed under Docket ID Number 
EPA-R02-OAR-2022-0459 on the https://regulations.gov website.

Comment

    NJDEP submitted a comment on June 19, 2023. NJDEP noted that they 
submitted, on November 18, 2021, a SIP revision for the 2008 8-hour 
Ozone Attainment, Demonstration, and 2015 8-hr ozone Reasonable 
Available Control Technology (RACT) Determinations and Nonattainment 
New Source Review (NNSR) Program Compliance Certification and 2017 
Periodic Emission Inventory. The EPA proposed to approve the New 
Jersey's 2017 Emission inventory for the 2008 NAAQS, PM2.5, 
and Regional Haze, but did not propose to approve it for the 2015 Ozone 
NAAQS for either of New Jersey's ozone nonattainment areas.

Response

    The EPA acknowledges the commenter's concern about New Jersey's 
2017 periodic emission inventory statewide, for both New Jersey 
nonattainment areas for the 2008 and 2015 ozone standards. The EPA is 
approving the 2017 emission inventory that could be used for any 
relevant SIP planning requirements, including for the 2015 ozone NAAQS. 
The EPA inadvertently did not indicate in the NPRM that the 2017 
periodic emission inventory was submitted by New Jersey to address 2015 
ozone planning requirements. The EPA acknowledges that the NJDEP 
November 18, 2021, SIP revision submittal included the 2017 Emission 
Inventory for the 2015 Ozone NAAQS. The other elements of that 
submittal, New Jersey's statewide RACT certification and NNSR 
certification for the 2015 Ozone NAAQS, will be addressed under a 
separate future rulemaking and is not addressed within this action.

III. Final Action

    The EPA is approving revisions to the New Jersey SIP which pertains 
to the following: 2017 calendar year ozone season daily and annual 
ozone precursor emission inventories for CO, NOX, and VOC 
for the Northern New Jersey and Southern New Jersey ozone nonattainment 
areas, which is relevant to both the 2008 and 2015 ozone standards. In 
addition, the SIP revision submittal that EPA is approving also

[[Page 55577]]

consists of the 2017 calendar year PM2.5/Regional Haze 
emissions inventory that was developed statewide for New Jersey. The 
pollutants included in the inventory are annual emissions for VOC, 
NOX, PM2.5, PM10, NH3 and 
SO2. EPA is also approving a revision to the New Jersey 2011 
base year emission inventory.

IV. Statutory and Executive Order Reviews

    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, 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 action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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 CAA.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and it will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
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 did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. EPA did 
not perform an EJ analysis and did not consider EJ in this 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.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 16, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects 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.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart FF--New Jersey

0
2. Section 52.1570 is amended by adding entries to the end of the table 
in paragraph (e) to read as follows:


Sec.  52.1570   Identification of plan.

* * * * *
    (e) * * *

[[Page 55578]]



                      EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
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                                    Applicable
                                  geographic or                                 EPA approval
          SIP element             nonattainment    New Jersey submittal date        date           Explanation
                                       area
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                                                  * * * * * * *
2011 VOC, NOX and CO ozone      Northern New       November 23, 2021........  August 16, 2023,   Full
 summer season and annual        Jersey portion                                [insert Federal   approval.
 emission inventory.             of the New York-                              Register          The
                                 Northern New                                  citation].        inventory
                                 Jersey-Long                                                     contains point,
                                 Island NY-NJ-CT                                                 nonpoint,
                                 8-hour ozone                                                    nonroad and on-
                                 nonattainment                                                   road.
                                 area.
2011 base year emissions        State-wide.......  November 23, 2021........  August 16, 2023,   Full
 inventory.                                                                    [insert Federal   approval.
                                                                               Register          The
                                                                               citation].        inventory
                                                                                                 contains point,
                                                                                                 nonpoint,
                                                                                                 nonroad, on-
                                                                                                 road and
                                                                                                 biogenic source
                                                                                                 data.
2017 VOC, NOX and CO ozone      Northern New       November 23, 2021........  August 16, 2023,   Full
 summer season daily and         Jersey portion                                [insert Federal   approval.
 annual emission inventory.      of the New York-                              Register          The
                                 Northern New                                  citation].        inventory
                                 Jersey-Long                                                     contains point,
                                 Island NY-NJ-CT                                                 nonpoint,
                                 8-hour ozone                                                    nonroad, on-
                                 nonattainment                                                   road and
                                 area.                                                           biogenic source
                                                                                                 data.
2017 VOC, NOX and CO ozone      Southern New       November 23, 2021........  August 16, 2023,   Full
 summer season daily and         Jersey portion                                [insert Federal   approval.
 annual emission inventory.      of the                                        Register          The
                                 Philadelphia-                                 citation].        inventory
                                 Wilmington-                                                     contains point,
                                 Atlantic City,                                                  nonpoint,
                                 PA-NJ-MD-DE 8-                                                  nonroad, on-
                                 hour ozone                                                      road and
                                 nonattainment                                                   biogenic source
                                 area.                                                           data.
2017 base year emissions        State-wide.......  November 23, 2021........  August 16, 2023,   Full
 inventory.                                                                    [insert Federal   approval.
                                                                               Register          The
                                                                               citation].        inventory
                                                                                                 contains point,
                                                                                                 nonpoint,
                                                                                                 nonroad, on-
                                                                                                 road and
                                                                                                 biogenic source
                                                                                                 data.
2017 PM2.5/Regional Haze        State-wide.......  November 23, 2021........  August 16, 2023,   Full
 associated precursor annual                                                   [insert Federal   approval.
 emission inventory.                                                           Register          The
                                                                               citation].        inventory
                                                                                                 contains point,
                                                                                                 nonpoint,
                                                                                                 nonroad, on-
                                                                                                 road and
                                                                                                 biogenic source
                                                                                                 data.
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[FR Doc. 2023-17563 Filed 8-15-23; 8:45 am]
BILLING CODE 6560-50-P


