
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83036-83039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26022]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2023-0252; FRL-11034-02-R2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
adoptions, repeals, and amendments to the New Jersey State 
Implementation Plan (SIP) concerning exemptions to improve resiliency 
during emergency situations, updates to hazardous air pollutant (HAP) 
reporting thresholds, updates to the certification and submission of 
emission statements, and the addition of Federal New Source Review 
(NSR) requirements for fine particles (PM2.5). The intended 
effect of New Jersey's revisions are to enable government and business 
entities to be more resilient during and following disruptions from 
natural and human-caused disasters; update HAP unit risk factors and 
reference concentrations to reflect current research, scientific, and 
technological advancements; update provisions to require the reporting 
of PM2.5 and ammonia (NH3) emissions at the source level and 
update the electronic reporting of emission statements to adapt with 
advancements and Federal requirements; and conform the State's rules on 
air permits to the EPA's NSR requirements for PM2.5 to 
ensure a source does not adversely impact the EPA-established National 
Ambient Air Quality Standards (NAAQS). Other revisions New Jersey made, 
which the EPA is approving with this notice of final rulemaking, will 
conform administrative penalties to the approved rules and correct 
errors and inconsistencies throughout the State's SIP. This action is 
being taken in accordance with the requirements of the Clean Air Act. 
The EPA proposed to approve this rule on September 28, 2023, and 
received no comments.

DATES: This final rule is effective on December 28, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2023-0252. 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: Nicholas Ferreira, Air Programs 
Branch, Environmental Protection Agency, Region 2, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3127, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. What is the background for this action?

    On September 28, 2023 (88 FR 66733), the EPA published a Notice of 
Proposed Rulemaking that proposed to approve State Implementation Plan 
(SIP) revisions submitted by the State of New Jersey on December 14, 
2017, and August 23, 2018, for the purpose of approving new rules, 
repeals, and amendments to subchapter 8, subchapter 16, subchapter 17, 
subchapter 18, subchapter 19, and subchapter 21 of New Jersey 
Administrative Code, Title 7, Chapter 27 (N.J.A.C. 7:27); as well as to 
subchapter 3 of N.J.A.C., Title 7, Chapter 27A.
    New Jersey's revisions to N.J.A.C. 7:27 implement changes based on 
the experience the State has gained in response to disruptions caused 
by natural disasters such as Superstorm Sandy and discussions that the 
State has held with representatives of the regulated community and 
environmental groups. New Jersey's revisions include exemptions from 
air emission control and permitting requirements that will provide 
flexibility for facilities to use low-emitting temporary and portable 
equipment to improve resiliency during emergency situations.
    Additionally, New Jersey's revisions update HAP reporting 
thresholds using the most recent science-based methodologies; amend the 
rules governing emissions statements to require each facility to report 
criteria pollutants and precursors (including PM2.5 and 
ammonia) at the source level; revise the rules governing certification 
and electronic submittal of emissions statements; revise the New Source 
Review (NSR) requirements to implement the National Ambient Air Quality 
Standards (NAAQS) for fine particles (PM2.5); and modify 
penalty provisions to provide consistency with the State's revisions 
finalized for approval within this notice. For the reasons herein 
stated, the EPA is approving the revisions made by New Jersey to 
strengthen the effectiveness of the State's SIP.
    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 EPA's September 28, 
2023, proposed rulemaking (88 FR 66733).

[[Page 83037]]

II. Environmental Justice Considerations

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to review State choices, 
and approve those choices if they meet the minimum criteria of the Act.
    The specific details of New Jersey's Environmental Justice (EJ) 
considerations 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 EPA's September 28, 2023, proposed rulemaking 
(88 FR 66733).
    Furthermore, as the EPA stated in the proposed rulemaking, although 
New Jersey included EJ considerations as part of its SIP submittal, the 
CAA and applicable implementing regulations neither prohibit nor 
require such an evaluation. New Jersey's provisions being approved by 
the EPA within this notice address statewide matters, and since EJ 
issues are more accurately captured when evaluating relatively smaller 
areas or on a community level basis, the EPA determined it would not 
have been appropriate to evaluate EJ concerns at a statewide level.
    The EPA expects that this final action will be neutral or 
contribute to reduced environmental and health impacts on all 
populations in New Jersey, including people of color and low-income 
populations in New Jersey. At a minimum, this final action is not 
expected to worsen any air quality and it is expected this action will 
ensure the State is meeting requirements to attain and/or maintain air 
quality standards. The EPA therefore concludes that this final action 
will not have or lead to disproportionately high or adverse human 
health or environmental effects on communities with EJ concerns.

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

    The EPA provided a 30-day review and comment period for the 
September 28, 2023, proposed rule. The comment period ended on October 
30, 2023. The EPA received no comments on this action; therefore, the 
EPA is finalizing action as proposed.

IV. What action is the EPA taking?

    The EPA is approving New Jersey's revisions to N.J.A.C. 7:27 
subchapter 8, ``Permits and Certificates for Minor Facilities (and 
Major Facilities without an Operating Permit),'' section 8.1, 
``Definitions;'' and subchapter 21, ``Emission Statements,'' submitted 
to EPA on December 14, 2017 (State effective November 6, 2017), and as 
further updated in a SIP revision to EPA on August 23, 2018 (State 
effective January 16, 2018).
    The EPA is also approving New Jersey's revisions to N.J.A.C. 7:27 
subchapter 18, ``Control and Prohibition of Air Pollution from New or 
Altered Sources Affecting Ambient Air Quality (Emission Offset 
Rules),'' submitted to EPA on December 14, 2017 (State effective 
November 6, 2017).
    In addition, the EPA is approving the State's revisions to N.J.A.C. 
7:27 subchapter 16, ``Control and Prohibition of Air Pollution by 
Volatile Organic Compounds;'' subchapter 17, ``Control and Prohibition 
of Air Pollution by Toxic Substances;'' subchapter 19, ``Control and 
Prohibition of Air Pollution by Oxides of Nitrogen;'' and Chapter 27A, 
subchapter 3.10, ``Civil Administrative Penalties for Violations of 
Rules Adopted Pursuant to the Act,'' submitted to EPA on August 23, 
2018 (State effective January 16, 2018).

V. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference 
revisions to N.J.A.C. 7:27 subchapter 8, ``Permits and Certificates for 
Minor Facilities (and Major Facilities without an Operating Permit),'' 
section 8.1, ``Definitions;'' subchapter 16, ``Control and Prohibition 
of Air Pollution by Volatile Organic Compounds;'' subchapter 17, 
``Control and Prohibition of Air Pollution by Toxic Substances;'' 
subchapter 18, ``Control and Prohibition of Air Pollution from New or 
Altered Sources Affecting Ambient Air Quality (Emission Offset 
Rules);'' subchapter 19, ``Control and Prohibition of Air Pollution by 
Oxides of Nitrogen;'' subchapter 21, ``Emission Statements;'' and 
Chapter 27A, subchapter 3.10, ``Civil Administrative Penalties for 
Violations of Rules Adopted Pursuant to the Act,'' as discussed in 
Section I. of this preamble. The EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and at the EPA Region 2 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by the EPA 
for inclusion in the State Implementation Plan, have been incorporated 
by reference by the EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of the EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
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 Clean Air Act.
    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

[[Page 83038]]

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 evaluated EJ 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 EJ 
considerations is described in detail under the section titled, 
``Environmental Justice Considerations,'' within the September 28, 
2023, Notice of Proposed Rulemaking (88 FR 66733). 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 EJ. 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. In addition, there is no information in 
the record upon which this decision is based that is inconsistent with 
the stated goal of E.O. 12898 of achieving environmental justice for 
people of color, low-income populations, and Indigenous peoples.
    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 January 29, 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, Ammonia, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
Oxides, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur dioxide, 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.

Subpart FF--New Jersey

0
2. In Sec.  52.1570, the table in paragraph (c) is amended by:
0
a. Removing the entry for ``Title 7, Chapter 27, Section 8.1 and 8.2'';
0
b. Adding entries for ``Title 7, Chapter 27, Section 8.1'' and ``Title 
7, Chapter 27, Section 8.2'' in numerical order after the entry Title 
7, Chapter 27, Subchapter 8; and
0
c. Revising the entries for ``Title 7, Chapter 27, Subchapter 16'', 
``Title 7, Chapter 27, Subchapter 17'', ``Title 7, Chapter 27, 
Subchapter 18'', ``Title 7, Chapter 27, Subchapter 19'', ``Title 7, 
Chapter 27, Subchapter 21'', and ``Title 7, Chapter 27A, Subchapter 
3.10''.
    The revisions and additions read as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *

                               EPA-Approved New Jersey State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
                                                     State effective
         State citation            Title/subject           date        EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Title 7, Chapter 27, Section     Definitions......  January 16, 2018.  11/28/2023.......   EPA approval
 8.1.                                                                                      finalized at [insert
                                                                                           Federal Register
                                                                                           citation].
Title 7, Chapter 27, Section     Applicability....  June 20, 1994....  August 7, 1997,    ......................
 8.2.                                                                   62 FR 42412.
 
                                                  * * * * * * *
Title 7, Chapter 27, Subchapter  Control and        January 16, 2018.  11/28/2023.......   EPA approval
 16.                              Prohibition of                                           finalized at [insert
                                  Air Pollution by                                         Federal Register
                                  Volatile Organic                                         citation].
                                  Compounds.
Title 7, Chapter 27, Subchapter  Control and        January 16, 2018.  11/28/2023.......   EPA approval
 17.                              Prohibition of                                           finalized at [insert
                                  Air Pollution by                                         Federal Register
                                  Toxic Substances.                                        citation].

[[Page 83039]]

 
Title 7, Chapter 27, Subchapter  Control and        November 6, 2017.  11/28/2023.......   EPA approval
 18.                              Prohibition of                                           finalized at [insert
                                  Air Pollution                                            Federal Register
                                  from New or                                              citation].
                                  Altered Sources
                                  Affecting
                                  Ambient Air
                                  Quality
                                  (Emission Offset
                                  Rules).
Title 7, Chapter 27, Subchapter  Control and        January 16, 2018.  11/28/2023.......   EPA approval
 19.                              Prohibition of                                           finalized at [insert
                                  Air Pollution by                                         Federal Register
                                  Oxides of                                                citation].
                                  Nitrogen.                                                Subchapter 19
                                                                                           is approved into the
                                                                                           SIP except for the
                                                                                           following provisions:
                                                                                           (1) Phased compliance
                                                                                           plan through
                                                                                           repowering in Section
                                                                                           19.21 that allows for
                                                                                           implementation beyond
                                                                                           May 1, 1999; and (2)
                                                                                           phased compliance
                                                                                           plan through the use
                                                                                           of innovative control
                                                                                           technology in Section
                                                                                           19.23 that allows for
                                                                                           implementation beyond
                                                                                           May 1, 1999.
Title 7, Chapter 27, Subchapter  Emission           January 16, 2018.  11/28/2023.......   EPA approval
 21.                              Statements.                                              finalized at [insert
                                                                                           Federal Register
                                                                                           citation].
                                                                                           Section 7:27-
                                                                                           21.3(b)(1) and 7:27-
                                                                                           21.3(b)(2) of New
                                                                                           Jersey's Emission
                                                                                           Statement rule
                                                                                           requires facilities
                                                                                           to report on the
                                                                                           following pollutants
                                                                                           to assist the State
                                                                                           in air quality
                                                                                           planning needs:
                                                                                           Hydrochloric acid,
                                                                                           hydrazine, methylene
                                                                                           chloride,
                                                                                           tetrachloroethylene,
                                                                                           1, 1, 1
                                                                                           trichloroethane,
                                                                                           carbon dioxide and
                                                                                           methane. EPA will not
                                                                                           take SIP-related
                                                                                           enforcement action on
                                                                                           these pollutants.
 
                                                  * * * * * * *
Title 7, Chapter 27A,            Civil              January 16, 2018.  11/28/2023.......   EPA approval
 Subchapter 3.10.                 Administrative                                           finalized at [insert
                                  Penalties for                                            Federal Register
                                  Violations of                                            citation].
                                  Rules Adopted
                                  Pursuant to the
                                  Act.
 
                                                  * * * * * * *
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[FR Doc. 2023-26022 Filed 11-27-23; 8:45 am]
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