Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Proposed Rules 49205 

1EPA notes that, when promulgated, the 2006 24- 

hour PM10 NAAQS and the 2011 primary CO 

NAAQS were neither ‘‘new’’ nor ‘‘revised’’ 

NAAQS—they merely retained, without revision, 

prior NAAQS for those pollutants. Accordingly, 

promulgation of these NAAQS did not trigger a new 

obligation for New Jersey to make infrastructure SIP 

submissions. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2016–0389; FRL–9949–66– 

Region 2] 

Partial Approval and Partial 

Disapproval of Air Quality 

Implementation Plans; NJ; 

Infrastructure SIP Requirements for 

2008 Lead, 2008 Ozone, 2010 Nitrogen 

Dioxide, 2010 Sulfur Dioxide, 2011 

Carbon Monoxide, 2006 PM10, and 2012 

PM2.5 NAAQS: Interstate Transport 

Provisions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to partially 

approve and partially disapprove 

elements of New Jersey’s State 

Implementation Plan (SIP) revision 

submitted regarding the infrastructure 

requirements of section 110(a)(1) and (2) 

of the Clean Air Act (CAA) for the 2008 

Lead, 2008 Ozone, 2010 Nitrogen 

Dioxide (NO2), 2010 Sulfur Dioxide 

(SO2), 2011 Carbon Monoxide (CO), 

2006 Particulate Matter of ten microns 

or less (PM10), and 2012 Particulate 

Matter of 2.5 microns or less (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. This 

action pertains specifically to 

infrastructure requirements relating to 

interstate transport provisions 

concerning the Prevention of Significant 

Deterioration of Air Quality (PSD) 

regulations, and visibility protection. 

DATES: Comments must be received on 

or before August 26, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2016–0389 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Fradkin, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, NY 10007–1866, (212) 

637–3702, or by email at 

Fradkin.Kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. EPA’s Review 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

Pursuant to section 110(a)(1) of the 

CAA, states are required to submit SIPs 

that provide for the implementation, 

maintenance and enforcement of a new 

or revised NAAQS within 3 years 

following the promulgation of a new or 

revised NAAQS. Section 110(a)(2) lists 

specific requirements that states must 

meet in these SIP submissions, as 

applicable. The EPA refers to this type 

of SIP submission as the 

‘‘infrastructure’’ SIP because the SIP 

ensures that states can implement, 

maintain and enforce the air standards. 

Within these requirements, section 

110(a)(2)(D)(i) contains requirements to 

address interstate transport of NAAQS 

pollutants. A SIP revision submitted for 

this sub-section is referred to as an 

‘‘interstate transport SIP.’’ Section 

110(a)(2)(D)(i) contains two subsections: 

(D)(i)(I) and (D)(i)(II). Section 

110(a)(2)(D)(i)(I) requires SIPs to contain 

adequate provisions to prohibit 

emissions from the state that will 

contribute significantly to 

nonattainment of the NAAQS in any 

other state (commonly referred to as 

prong 1), or interfere with maintenance 

of the NAAQS in any other state (prong 

2). Section 110(a)(2)(D)(i)(II) requires 

that infrastructure SIPs include 

provisions prohibiting any source or 

other type of emissions activity in one 

state from interfering with measures 

required to prevent significant 

deterioration (PSD) of air quality (prong 

3) and to protect visibility (prong 4) in 

another state. 

On March 12, 2008 (73 FR 16436 

(March 27, 2008)), EPA promulgated a 

revised NAAQS for ozone. EPA revised 

the level of the 8-hour ozone NAAQS 

from 0.08 parts per million (ppm) to 

0.075 ppm. 

On October 15, 2008 (73 FR 66964 

(Nov. 12, 2008)), EPA promulgated a 

new NAAQS, rolling 3-month average 

NAAQS for lead. The 2008 lead NAAQS 

is 0.15 micrograms per cubic meter of 

air (mg/m3) maximum (not-to-beexceeded). On January 22, 2010 (75 FR 

6474 (Feb. 9, 2010)), EPA promulgated 

a new 1-hour primary NAAQS for NO2

at a level of 100 parts per billion (ppb), 

based on a 3-year average of the 98th 

percentile of the yearly distribution of 1- 

hour daily maximum concentrations. 

On June 2, 2010 (75 FR 35520 (June 22, 

2010)), EPA promulgated a revised 

primary NAAQS for SO2 at a level of 75 

ppb, based on a 3-year average of the 

annual 99th percentile of 1-hour daily 

maximum concentrations. On December 

14, 2012 (78 FR 3086 (Jan. 15, 2013)), 

EPA promulgated a revised primary 

NAAQS for PM2.5 for the annual 

standard. The revised standard was set 

at the level of 12mg/m3 calculated as an 

annual average, which is averaged over 

a three year period. 

On September 21, 2006 (71 FR 61144 

(Oct. 17, 2006)), EPA retained the 

primary and secondary 24-hour PM10

standard of 150 mg/m3, not to be 

exceeded more than once per year on 

average over a 3-year period. The 

standard was initially promulgated on 

June 2, 1987 (52 FR 24634 (July 1, 

2006)). The PM10 standard was also 

retained on December 14, 2012 (78 FR 

3086 (Jan. 15, 2013)). On August 31, 

2011, EPA retained the existing primary 

and secondary standards for CO of 9 

ppm as an 8-hour average, and 35 ppm 

as a 1-hour standard average, neither to 

be exceeded more than once per year. 

The standards were initially established 

on April 30, 1971 (36 FR 8186). 

On October 17, 2014 the New Jersey 

Department of Environmental Protection 

(NJDEP) submitted a revision to its SIP 

to address requirements under section 

110(a)(2) of the CAA (the infrastructure 

requirements) related to the 2008 Lead, 

2008 Ozone, 2010 NO2, 2010 SO2, and 

2012 PM2.5 NAAQS. Although not 

specifically required by 110(a)(1) since 

neither NAAQS was new or revised1, 

the SIP revision also included 

infrastructure requirements for the 2006 

PM10 and 2011 CO NAAQS. 

The submittal addressed all four 

prongs of the interstate transport 


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49206 Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Proposed Rules 

2 81 FR 38963 (June 15, 2016). 

requirements. On March 30, 2016, New 

Jersey withdrew the portion of their 

submittal addressing 110(a)(2)(D)(i)(I) 

(prongs 1 and 2) for the 2008 Ozone 

NAAQS. EPA subsequently issued a 

Finding of Failure to Submit to New 

Jersey.2

This proposed action pertains only to 

the portion of the SIP submittal 

addressing section 

110(a)(2)(D)(i)(II)(prongs 3 and 4). EPA 

will address the other portions of the 

October 17, 2014 infrastructure SIP 

submittal in a separate action. 

II. EPA’s Review 

Under 110(a)(2)(D)(i)(II) (prong 3) SIPs 

are required to have provisions 

prohibiting emissions that would 

interfere with measures required to be 

in another state’s SIP under part C of the 

CAA to prevent significant deterioration 

of air quality. 

New Jersey’s SIP is not approved with 

respect to the PSD permit program 

required by Part C of the CAA. As a 

result, EPA’s regulations at 40 CFR 

52.21 have been incorporated into New 

Jersey’s applicable state plan. New 

Jersey has been delegated authority by 

EPA to implement 40 CFR 52.21. 

Although New Jersey has been 

successfully implementing the program, 

a state’s infrastructure SIP submittal 

cannot be considered for approvability 

with respect to prong 3 until EPA has 

issued final approval of that state’s PSD 

SIP, or, alternatively, has issued final 

approval of a SIP that EPA has 

otherwise found adequate to prohibit 

interference with other state’s measures 

to prevent significant deterioration of air 

quality. Therefore, we are proposing to 

disapprove New Jersey’s 110(a) 

submissions for the 2008 Lead, 2008 

Ozone, 2010 NO2, 2010 SO2, 2011 CO, 

2006 PM10, and 2012 PM2.5 NAAQS for 

prong 3 of 110(a)(2)(D)(i)(II) because 

New Jersey is currently subject to a 

Federal Implementation Plan (FIP) and 

does not have a PSD SIP. This 

disapproval will not trigger any 

sanctions or additional FIP obligation, 

since the FIP is already in place. This 

action will have no discernible effect on 

the current implementation of the PSD 

program in New Jersey, as the State is 

already implementing a well-established 

PSD program through EPA delegation. 

In this action, EPA is proposing that, 

for the 2008 Lead, 2008 Ozone, 2010 

NO2, 2010 SO2, 2011 CO, 2006 PM10, 

and 2012 PM2.5 NAAQS, New Jersey 

satisfies the 110(a)(2)(D)(i)(II) 

requirement for visibility (prong 4). New 

Jersey addresses visibility protection 

requirements for the 2008 Lead, 2008 

Ozone, 2010 NO2, 2010 SO2, 2011 CO, 

2006 PM10, and 2012 PM2.5 NAAQS 

through its Regional Haze SIP. EPA 

approved New Jersey’s Regional Haze 

SIP submittal (77 FR 19 (Jan. 3, 2012)) 

as part of New Jersey’s SIP. The regional 

haze rule requires that a state 

participating in a regional planning 

process include all measures needed to 

achieve its apportionment of emission 

reduction obligations agreed upon 

through that process. 

In EPA’s approval of New Jersey’s 

Regional Haze Plan, EPA has 

determined that the plan contains 

emission reductions needed to achieve 

New Jersey’s share of emission 

reductions that were determined to be 

reasonable through the regional 

planning process. Further, New Jersey’s 

Regional Haze Plan ensures that 

emissions from the State will not 

interfere with the Reasonable Progress 

Goals for neighboring States’ Class I 

areas. 

Thus, New Jersey’s approved Regional 

Haze SIP ensures that emissions from 

sources within the State are not 

interfering with measures to protect 

visibility in other states. 

III. What action is EPA taking? 

EPA is proposing to disapprove the 

portion of the October 17, 2014 New 

Jersey SIP submittal for 2008 Lead, 2008 

Ozone, 2010 NO2, 2010 SO2, 2011 CO, 

2006 PM10, and 2012 PM2.5 NAAQS 

pertaining to prong 3 CAA section 

110(a)(2)(D)(i)(II) regarding interstate 

transport of air pollution to prevent 

significant deterioration (PSD) of air 

quality in other states due to the State’s 

lack of a state adopted PSD program. 

However, the disapproval will not 

trigger any sanctions or an additional 

FIP obligation since a PSD FIP is already 

in place. 

EPA is proposing approval of the 

portion of the October 17, 2014 New 

Jersey SIP submittal for 2008 Lead, 2008 

Ozone, 2010 NO2, 2010 SO2, 2011 CO, 

2006 PM10, and 2012 PM2.5 NAAQS 

pertaining to the CAA section 

110(a)(2)(D)(i)(II) requirement for 

visibility (or prong 4). 

EPA is soliciting public comments on 

the issues discussed in this proposal. 

These comments will be considered 

before EPA takes final action. Interested 

parties may participate in the Federal 

rulemaking procedure by following the 

directions in the ADDRESSES section of 

this Federal Register. 

IV. 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 (Public Law 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• 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; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175, because the SIP 

is not approved to apply in Indian 

country located in the state, and EPA 

notes that it will not impose substantial 

direct costs on tribal governments or 

preempt tribal law. Thus, Executive 

Order 13175 does not apply to this 

action. 


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Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Proposed Rules 49207 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Incorporation by reference, 

Carbon monoxide, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Sulfur Dioxide, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: July 18, 2016. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2016–17710 Filed 7–26–16; 8:45 am] 

BILLING CODE 6560–50–P 


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