21296 Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Proposed Rules 

1EPA issued a revised 8-hour ozone standard on 

March 27, 2008 (73 FR 16436). On September 22, 

2011, EPA clarified that the current ozone standard 

is set at 75 ppb. EPA is not addressing the 2008 

ozone NAAQS in this rulemaking. 

2EPA issued a revised PM2.5 standard on January 

15, 2013 (78 FR 3086). EPA is not addressing the 

2012 PM2.5 NAAQS in this rulemaking. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2013–0130, FRL–9800–4] 

Approval and Promulgation of 

Implementation Plans; New Jersey; 

Infrastructure SIP for the 1997 8-Hour 

Ozone and the 1997 and 2006 Fine 

Particulate Matter Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

most elements of New Jersey’s State 

Implementation Plan (SIP) revisions 

submitted to demonstrate that the State 

meets the requirements of section 

110(a)(1) and (2) of the Clean Air Act 

(CAA) for the 1997 8-hour ozone and 

the 1997 and 2006 fine particulate 

matter (PM2.5) National Ambient Air 

Quality Standards (NAAQS). EPA is 

proposing to conditionally approve 

certain elements of the submittals, as 

well as to find that certain elements of 

New Jersey’s submittals do not meet 

section 110(a)(2) requirements with 

existing State rules. Section 110(a) of 

the CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by the EPA and is 

commonly referred to as an 

infrastructure SIP. 

DATES: Comments must be received on 

or before May 10, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2013–0130, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: Ruvo.Richard@EPA.GOV. 

• Fax: 212–637–3901. 

• Mail: Richard Ruvo, Acting Chief, 

Air Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Richard Ruvo, 

Acting Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2013– 

0130. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Paul 

Truchan, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–4249, or by 

email at truchan.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing? 

II. What is the background information? 

III. What is a section 110(a)(1) and (2) SIP? 

IV. What elements are required under section 

110(a)(1) and (2)? 

V. What did New Jersey submit? 

VI. How has the State addressed the elements 

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

‘‘infrastructure’’ provisions? 

VII. What action is EPA taking? 

VIII. Statutory and Executive Order Reviews 

I. What Action is EPA Proposing? 

EPA is proposing to approve, 

conditionally approve, and disapprove 

elements of the State of New Jersey 

Infrastructure SIP as meeting the section 

110(a) infrastructure requirements of the 

Clean Air Act (CAA) for the 1997 ozone, 

1997 PM2.5 and 2006 PM2.5 National 

Ambient Air Quality Standards 

(NAAQS). As explained below, the State 

has the necessary infrastructure, 

resources, and general authority to 

implement the 1997 8-hour ozone and 

1997 and 2006 PM2.5 standards, except 

where specifically noted. 

II. What is the Background 

Information? 

On July 18, 1997, EPA promulgated 

new and revised NAAQS for 8-hour 

ozone (62 FR 38856) and PM2.5 (62 FR 

38652). The ozone NAAQS are based on 

8-hour average concentrations. The 8- 

hour averaging period replaced the 

previous 1-hour averaging period, and 

the level of the NAAQS was changed 

from 0.12 parts per million (ppm) to 

0.08 ppm.1 The new PM2.5 NAAQS 

established a health-based standard of 

15.0 micrograms per cubic meter (mg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations, and a 24- 

hour standard of 65 mg/m3 based on a 

3-year average of the 98th percentile of 

24-hour concentrations. EPA 

strengthened the 24-hour PM2.5 NAAQS 

from 65 mg/m3 to 35 mg/m3 on October 

17, 2006 (71 FR 61144).2

Section 110(a) of the CAA requires 

states to submit State Implementation 

Plans (SIPs) that provide for the 

implementation, maintenance, and 

enforcement of new or revised NAAQS 

within three years following the 

promulgation of such NAAQS. 

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3 ‘‘Guidance on SIP Elements Required Under 

Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality 

Standards’’ at http://www.epa.gov/ttn/oarpg/t1/ 

memoranda/110a_sip_guid_fin100207.pdf 

‘‘Guidance on SIP Elements Required Under 

Sections 110(a)(l) and (2) for the 2006 24-Hour Fine 

Particle (PM2.5) National Ambient Air Quality 

Standards (NAAQS)’’ http://www.epa.gov/ttn/ 

oarpg/t1/memoranda/ 

20090925_harnett_pm25_sip_110a12.pdf. 

III. What is a section 110(a)(1) and (2) 

SIP? 

Section 110(a)(1) provides the 

procedural and timing requirements for 

SIPs. Section 110(a)(2) lists specific 

elements that states must meet for 

‘‘infrastructure’’ SIP requirements 

related to a newly established or revised 

NAAQS. Sections 110(a)(1) and (2) of 

the CAA requires, in part, that states 

submit to EPA plans to implement, 

maintain and enforce each of the 

NAAQS promulgated by EPA. EPA 

interprets this provision to require states 

to address basic SIP requirements 

including emission inventories, 

monitoring, and modeling to assure 

attainment and maintenance of the 

standards. By statute, SIPs meeting the 

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

are to be submitted by states within 

three years after promulgation of a new 

or revised standard. These SIPs are 

commonly called infrastructure SIPs. In 

1997, EPA promulgated the 8-hour 

ozone primary and secondary NAAQS 

and a new annual and 24-hour PM2.5

NAAQS. Intervening litigation over the 

1997 standards caused a delay in SIP 

submittals. In 2006, EPA promulgated a 

new 24-hour PM2.5 NAAQS. 

IV. What elements are required under 

section 110(a)(1) and (2)? 

The infrastructure requirements are 

listed in EPA’s October 2, 2007, 

memorandum entitled ‘‘Guidance on 

SIP Elements Required Under Section 

110(a)(1) and (2) for the 1997 8-Hour 

Ozone and PM2.5 National Ambient Air 

Quality Standards’’ and September 25, 

2009, memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 2006 

24-Hour Fine Particle (PM2.5) National 

Ambient Air Quality Standards.’’ 3 The 

14 elements required to be addressed 

are as follows: (1) Emission limits and 

other control measures; (2) ambient air 

quality monitoring/data system; (3) 

program for enforcement of control 

measures; (4) interstate transport; (5) 

adequate resources; (6) stationary source 

monitoring system; (7) emergency 

power; (8) future SIP revisions; (9) 

consultation with government officials; 

(10) public notification; (11) prevention 

of significant deterioration (PSD) and 

visibility protection; (12) air quality 

modeling/data; (13) permitting fees, and 

(14) consultation/participation by 

affected local entities. 

Two elements identified in section 

110(a)(2) are not governed by the 3 year 

submission deadline of section 110(a)(1) 

because SIPs incorporating necessary 

local nonattainment area controls are 

not due within 3 years after 

promulgation of a new or revised 

NAAQS, but rather due at the time that 

the nonattainment area plan 

requirements are due pursuant to 

section 172. See 77 FR 46354 (August 3, 

2012); 77 FR 60308 (October 3, 2012) 

(footnote 1). These requirements are: (1) 

Submissions required by section 

110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in 

part D Title I of the CAA, and (2) 

submissions required by section 

110(a)(2)(I) which pertain to the 

nonattainment planning requirements of 

part D, Title I of the CAA. As a result, 

this action does not address the above 

infrastructure elements related to 

section 110(a)(2)(C) or 110(a)(2)(I). 

This action also does not address the 

requirements of section 110(a)(2)(D)(i) 

for the 1997 ozone and 1997 PM2.5

NAAQS, since they had been addressed 

in previous rulemakings. See October 1, 

2007 (72 FR 55666). Additionally, this 

action does not address the 

requirements of section 110(a)(2)(D)(i)(I) 

for the 2006 PM2.5 NAAQS, which was 

addressed in a previous EPA 

rulemaking. See July 20, 2011 (76 FR 

43153). 

Scope of Infrastructure SIPs 

This rulemaking will not cover four 

substantive issues that are not integral 

to acting on a state’s infrastructure SIP 

submission: (i) Existing provisions 

related to excess emissions during 

periods of start-up, shutdown, or 

malfunction (‘‘SSM’’) at sources, that 

may be contrary to the CAA and EPA’s 

policies addressing such excess 

emissions; (ii) existing provisions 

related to ‘‘director’s variance’’ or 

‘‘director’s discretion’’ that purport to 

permit revisions to SIP approved 

emissions limits with limited public 

process or without requiring further 

approval by EPA, that may be contrary 

to the CAA (‘‘director’s discretion’’); (iii) 

existing provisions for minor source 

NSR programs that may be inconsistent 

with the requirements of the CAA and 

EPA’s regulations that pertain to such 

programs (‘‘minor source NSR’’); and, 

(iv) existing provisions for PSD 

programs that may be inconsistent with 

current requirements of EPA’s ‘‘Final 

NSR Improvement Rule,’’ 67 FR 80186 

(December 31, 2002), as amended by 72 

FR 32526 (June 13, 2007) (‘‘NSR 

Reform’’). A detailed rationale for why 

these four substantive issues are not part 

of the scope of infrastructure SIP 

rulemakings can be found in EPA’s July 

13, 2011, final rule entitled, ‘‘Approval 

and Promulgation of Air Quality 

Implementation Plans; Illinois; Indiana; 

Michigan; Minnesota; Ohio; Wisconsin; 

Infrastructure SIP Requirements for the 

1997 8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards’’ in the 

section entitled, ‘‘What is the scope of 

this final rulemaking?’’ (76 FR 41075 at 

41076–41079). 

V. What did New Jersey Submit? 

EPA is acting on two New Jersey SIP 

submittals, dated February 25, 2008 and 

January 15, 2010, which address the 

section 110 infrastructure requirements 

for the three NAAQS: The 1997 8-hour 

ozone NAAQS, the 1997 annual and 24- 

hour PM2.5 NAAQS, and the 2006 24- 

hour PM2.5 NAAQS. 

February 25, 2008 SIP submission 

New Jersey’s section 110 

infrastructure submittal was submitted 

by the New Jersey Department of 

Environmental Protection (NJDEP) on 

February 25, 2008 and addressed the 

1997 8-hour ozone and fine particulate 

matter (PM2.5) NAAQS. Effective April 

28, 2008, the submittal was determined 

to be complete for all elements except 

110(a)(2)(C). 73 FR 16205 (March 27, 

2008). New Jersey’s February 2008 

section 110 submittal demonstrates how 

the State, where applicable, has a plan 

in place that meets the requirements of 

section 110 for the 1997 8-hour ozone 

and PM2.5 NAAQS. This plan references 

the current New Jersey Air Quality SIP, 

the New Jersey Statutes Annotated 

(NJSA) and/or the New Jersey 

Administrative Code (NJAC). The NJSA, 

and NJAC (air pollution control 

regulations) referenced in the submittal 

are publicly available. Prior to 

submitting to EPA, NJDEP held a public 

hearing, on January 28, 2008, on New 

Jersey’s 110 infrastructure submittal and 

accepted written comments until 

January 31, 2008. The New Jersey SIP 

was subject to public notice and 

comment and a public hearing when 

adopted. New Jersey air pollution 

control regulations that have been 

previously approved by EPA and 

incorporated into the New Jersey SIP 

can be found at 40 CFR 52.1605 and are 

posted on the Internet at: http:// 

www.epa.gov/region02/air/sip/ 

nj_reg.htm. 

January 15, 2010 SIP submission 

New Jersey’s section 110 

infrastructure submittal for the 2006 

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PM2.5 24-hour NAAQS was submitted 

by the New Jersey Department of 

Environmental Protection (NJDEP) on 

January 15, 2010, and the submittal was 

deemed complete July 15, 2010. 

EPA’s evaluation of both submittals is 

detailed in the ‘‘Technical Support 

Document for EPA’s Proposed 

Rulemaking for the New Jersey State 

Implementation Plan Revision: State 

Implementation Plan Revision For 

Meeting the Infrastructure Requirements 

In the Clean Air Act Dated February 

2008 and January 2010’’ (TSD). As 

explained in the ADDRESSES section of 

this action, the TSD is available in the 

docket (EPA–R02–OAR–2013–0130) for 

this action and at the EPA Region 2 

Office. 

VI. How has the State addressed the 

elements of the section 110(a)(1) and (2) 

‘‘infrastructure’’ provisions? 

A. Emission limits and other control 

measures: Section 110(a)(2)(A) requires 

SIPs to include enforceable emission 

limits and other control measures, 

means, or techniques, and schedules for 

compliance. EPA notes that the specific 

nonattainment area plan requirements 

of section 110(a)(2)(I) are subject to the 

timing requirement of section 172, not 

the timing requirement of section 

110(a)(1). New Jersey’s Air Pollution 

Control Act (Pub. L.1954), codified at 

NJSA 26:2C, provides the NJDEP with 

power to formulate and promulgate, 

amend and repeal codes and rules and 

regulations, preventing, controlling and 

prohibiting air pollution throughout the 

State at NJSA 26:2C–8. The federally 

enforceable New Jersey SIP contains 

enforceable emission limits and other 

control measures. EPA is proposing to 

determine that New Jersey has met the 

requirements of section 110(a)(2)(A) of 

the Act with respect to the 1997 8-hour 

ozone and the 1997 and 2006 

PM2.5 NAAQS. 

B. Ambient air quality monitoring/ 

data system: Section 110(a)(2)(B) 

requires SIPs to include provisions to 

provide for establishment and operation 

of ambient air quality monitors, to 

monitor, compile and analyze ambient 

air quality data, and to make these data 

available to EPA upon request. New 

Jersey, under its authority provided in 

NJSA 26:2C–9.a, operates and maintains 

a network of ambient air quality 

monitors and submits the data collected 

to EPA. New Jersey has submitted 

annual air monitoring network plans 

which have been approved by EPA. The 

most recent was approved by EPA on 

March 29, 2013. EPA is proposing to 

determine that the New Jersey SIP meets 

the requirements of section 110(a)(2)(B) 

of the Act with respect to the 1997 8- 

hour ozone and the 1997 and 2006 PM2.5

NAAQS. 

C. Program for enforcement of control 

measures: Section 110(a)(2)(C) requires 

states to have a plan that includes a 

program providing for enforcement of 

all SIP measures and the regulation of 

the modification and construction of 

any stationary source, including a 

program to meet Prevention of 

Significant Deterioration (PSD) and 

minor source new source review. 

The NJDEP is authorized by NJSA 

26:2C–19 to enforce its control measures 

and the air permitting program for 

stationary sources. The minor source 

permitting and enforcement programs 

operate under NJAC 7:27 and 7:27A, 

respectively. EPA proposes to find that 

the State has adequate authority and 

regulations to insure that SIP approved 

control measures are enforced for the 

1997 8-hour ozone and 1997 and 2006 

PM2.5 NAAQS. 

New Jersey’s is currently subject to 40 

CFR 52.1603 with respect to the PSD 

permit program required by Part C of the 

Act. As a result, a Federal 

Implementation Plan (FIP) includes 40 

CFR 52.21 as part of the New Jersey 

applicable State plan. New Jersey has 

been delegated authority to implement 

40 CFR 52.21 and has been successfully 

implementing the program. Because 

New Jersey does not have its own State 

adopted rule, its infrastructure 

submissions are not approvable with 

respect to this element. However, the 

State is not subject to mandatory 

sanctions solely as a result of this type 

of infrastructure SIP deficiency, since 

the SIP deficiency is neither with 

respect to a submittal that is required 

under part D nor in response to a SIP 

call under section 110(k)(5) of the CAA. 

Moreover, the requirements for which 

the State is subject to the FIP are already 

satisfied by the incorporation by 

reference of the provisions of 40 CFR 

52.21 into a FIP for New Jersey, and so 

EPA has no additional FIP obligations 

under section 110(c). 

EPA proposes to find that the State 

has adequate authority and regulations 

to ensure that SIP-approved control 

measures are enforced. EPA also finds 

that, based on the delegation of 40 CFR 

52.21, New Jersey has the delegated 

authority to regulate the construction of 

new or modified stationary sources to 

meet the PSD program requirements. 

Though New Jersey satisfies the 

requirement to regulate the construction 

of new or modified sources through PSD 

delegation, since New Jersey’s PSD 

program is a federally delegated 

program, New Jersey has not satisfied 

the requirements of sections 110(a)(2)(C) 

and (J) for all three NAAQS to have a 

state adopted program and the currently 

existing FIP remains in place. 

D. Interstate transport: Section 

110(a)(2)(D) is divided into two 

subsections, 110(a)(2)(D)(i) and 

110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) 

consists of two subsections (I) and (II), 

each of which has two ‘‘prongs.’’ The 

two prongs under 110(a)(2)(D)(i)(I) 

prohibit any source or other type of 

emissions activity within the State from 

emitting any air pollutants in amounts 

which will (prong 1) contribute 

significantly to nonattainment in any 

other state with respect to any primary 

or secondary NAAQS, and (prong 2) 

interfere with maintenance by any other 

state with respect to any primary or 

secondary NAAQS. The two prongs 

under 110(a)(2)(D)(i)(II) prohibit any 

source or other type of emissions 

activity within the state from emitting 

any air pollutants in amounts which 

will interfere with measures required to 

be included in the applicable 

implementation plan for any other state 

under part C (prong 3) to prevent 

significant deterioration of air quality or 

(prong 4) to protect visibility. 

Section 110(a)(2)(D)(ii) addresses 

interstate and international pollution 

abatement, and requires SIPs to include 

provisions insuring compliance with 

sections 115 and 126 of the Act, relating 

to interstate and international pollution 

abatement. 

In this action for New Jersey, with 

respect to section 110(a)(2)(D)(i), we are 

only addressing prong 3 (i.e., 

interference with PSD) and prong 4 (i.e., 

to protect visibility) of 110(a)(2)(D)(i)(II). 

EPA previously took rulemaking action 

on prong 1 and prong 2 on October 1, 

2007 (72 FR 55666) and July 20, 2011 

(76 FR 43153), respectively. For prong 3, 

as discussed previously under (C) 

(Program for enforcement of control 

measures), New Jersey is currently 

subject to a PSD FIP. 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 1997 8-hour ozone 

and 1997 and 2006 PM2.5NAAQS for 

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

New Jersey is currently subject to a PSD 

FIP and does not have a PSD SIP. This 

disapproval will not trigger any 

sanctions or additional FIP obligation, 

since a FIP is already in place. This 

action will have no discernible effect on 

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the implementation of the PSD program 

in New Jersey, as the State is 

implementing a well-established PSD 

program through EPA delegation. 

For prong 4, New Jersey has met its 

obligations pursuant to section 

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

protection for all three NAAQS through 

its Regional Haze SIP submittals, which 

were approved by EPA on January 3, 

2012, Federal Register (77 FR 19). The 

regional haze rule specifically 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. Thus, New 

Jersey’s approved regional haze SIP will 

ensure that emissions from sources 

within the State are not interfering with 

measures to protect visibility in other 

states. Therefore, EPA proposes to find 

for the 1997 8-hour ozone and 1997 and 

2006 PM2.5 NAAQS that NJDEP satisfies 

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

requirement for visibility. 

Regarding section 110(a)(2)(D)(ii), 

which relates to interstate and 

international pollution abatement, as 

noted above, New Jersey is subject to a 

PSD FIP. States relying on the Federal 

PSD program requirements of 40 CFR 

52.21(q), (which provide for notification 

of affected state and local air agencies) 

to satisfy this requirement have 

programs that are considered 

technically deficient and not 

approvable. Therefore, we are proposing 

to disapprove New Jersey’s submissions 

for infrastructure element 

110(a)(2)(D)(ii) for the 1997 8-hour 

ozone and 1997 and 2006 PM2.5

NAAQS. This disapproval will not 

trigger any sanctions or additional FIP 

obligation. It should be noted, that New 

Jersey has no pending obligations under 

section 115 or 126(b) of the Act and 

satisfies these requirements of section 

110(a)(2)(D)(ii) for the 1997 8-hour 

ozone and 1997 and 2006 PM2.5

NAAQS. 

E. Adequate resources: Section 

110(a)(2)(E) requires each state to 

provide (i) necessary assurances that the 

state will have adequate personnel, 

funding, and authority under state law 

to carry out the SIP (and is not 

prohibited by any provision of federal or 

state law from carrying out the SIP or 

portion thereof), (ii) requires that the 

state comply with the requirements 

respecting state boards under section 

128, and (iii) necessary assurances that, 

where the state has relied on a local or 

regional government, agency, or 

instrumentality for the implementation 

of any SIP provision, the state has 

responsibility for ensuring adequate 

implementation of such SIP provision. 

New Jersey has adequate authority, 

under NJSA 13:1D–9, to carry out its SIP 

obligations with respect to the 1997 

ozone and 1997 and 2006 PM2.5

NAAQS. New Jersey receives sections 

103 and 105 grant funds through its 

Performance Partnership Grant along 

with required State-matching funds to 

provide funding necessary to carry out 

its SIP requirements. Therefore, EPA 

proposes to find New Jersey has 

sufficient resources to meet the 

requirements of section 110(a)(2)(E)(i) 

for the 1997 8-hour ozone and 1997 and 

2006 PM2.5 NAAQS. 

Congress added section 128 in the 

1977 amendments. Titled ‘‘State 

boards,’’ section 128 provides in 

relevant part: ‘‘(a) Not later than the date 

one year after August 7, 1977, each 

applicable implementation plan shall 

contain requirements that: (1) Any 

board or body which approves permits 

or enforcement orders under this 

chapter shall have at least a majority of 

members who represent the public 

interest and do not derive any 

significant portion of their income from 

persons subject to permits or 

enforcement orders under this chapter, 

and (2) any potential conflicts of interest 

by members of such board or body or 

the head of an executive agency with 

similar powers be adequately 

disclosed.’’ New Jersey does not have a 

state board that approves permits or 

enforcement orders under the CAA. 

Instead, permits and enforcement orders 

are approved by the State’s 

Commissioner of Environmental 

Protection. Thus, the requirements of 

subsection 128(a)(1) are not applicable 

to New Jersey. New Jersey is subject to 

the requirements of section 128(a)(2). In 

its SIP submission New Jersey cited 

NJSA 52:13D–12 et seq. which 

addresses the conflict of interest 

requirement. EPA proposes to 

conditionally approve the infrastructure 

SIP in fulfilling the requirements of 

section 110(a)(2)(E)(ii) for the 1997 

8-hour ozone and 1997 and 2006 PM2.5

NAAQS provided the State submits, for 

approval into the SIP, those statutes or 

regulations necessary to substantively 

meet the requirements of CAA section 

128(a)(2). 

Section 110(a)(2)(E)(iii) requires states 

to provide necessary assurances that, 

where the state has relied on a local or 

regional government, agency or 

instrumentality for the implementation 

of any provision of the SIP, the state has 

responsibility for ensuring adequate 

implementation of the SIP provision. 

The NJDEP has the authority to delegate 

inspection and enforcement efforts for 

various regulations under the County 

Environmental Health Act (NJSA 

26:3A2–21 et seq.). EPA in the past 

identified a deficiency in meeting this 

requirement. See 40 CFR 52.1579 

Intergovernmental cooperation. 

While New Jersey has the authority to 

delegate responsibilities to county or 

local governments to implement certain 

SIP responsibilities, the information 

provided in both infrastructure SIP 

submittals does not identify the specific 

organizations that will participate in 

developing, implementing, and 

enforcing the plan and the 

responsibilities of such organizations. 

EPA proposes to conditionally approve 

the infrastructure SIP with regard to the 

requirements of section 110(a)(2)(E)(iii). 

The State must identify the county or 

local governments or entities such as 

metropolitan planning organizations 

(MPOs) that participate in the SIP 

planning efforts, identify the county or 

local governments or entities that have 

been delegated responsibilities to 

implement or enforce portions of the 

SIP, and provide copies of the 

agreements or memoranda of 

understanding (MOUs) between the 

State and the county or local 

governments or entities. Since it is 

EPA’s understanding that this 

deficiency involves information that 

exists but was not provided in the SIP 

submittal, EPA proposes to 

conditionally approve section 

110(a)(2)(E)(iii) for the 1997 8-hour 

ozone and 1997 and 2006 PM2.5

NAAQS. In the alternative, should New 

Jersey provide this information before 

we take final rulemaking, EPA will fully 

approve section 110(a)(2)(E)(iii) and 

remove 40 CFR 52.1579. 

F. Stationary source monitoring 

system: Section 110(a)(2)(F) requires 

states to establish a system to monitor 

emissions from stationary sources and 

to submit periodic emission reports. The 

NJDEP has the authority pursuant to 

NJSA 26:2C–9.2 to require emissions 

monitoring of stationary sources before 

an operating permit is issued or 

renewed. NJDEP has adopted 

regulations to implement the federal 

requirements for stationary source 

emissions monitoring and reporting in 

NJAC 7:27–8 and 7:27–22. 

The NJDEP has the authority pursuant 

to NJSA 26:2C–9 to require emissions 

reports from stationary sources and to 

allow emission information to be made 

available to the public. 

EPA previously disapproved 

inclusion of NJSA 26:2C–9 into the SIP 

finding that, in some circumstances, it 

could prohibit the disclosure of 

emission data to the public. See 40 CFR 

52.1575. In 1995 New Jersey revised 

NJSA 26:2C–9, specifically NJSA 26:2C– 

9b.(4) to limit what information could 

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4See Guidance on SIP Elements Required Under 

Sections 110(a)(l) and (2) for the 2006 24-Hour Fine 

Particle (PM2.5) National Ambient Air Quality 

Standards (NAAQS), from William T. Harnett, 

Director, Air Quality Policy Division, Office of Air 

Quality Planning and Standards, dated September 

25, 2009. 

be considered confidential and 

specifically added the phrase ‘‘other 

than actual or allowable air contaminant 

emissions’’ to clarify what cannot be 

considered confidential. N.J. ALS 188. 

The same legislation, established 

authority for New Jersey to require 

individuals responsible for operations 

that emit air pollution, to file emission 

statements. The NJDEP has adopted and 

EPA has approved NJAC 7:27, 

Subchapter 21—‘‘Emission Statements’’ 

as part of the applicable SIP. See 69 FR 

46104 (August 2, 2004). 

Based on the revisions to the New 

Jersey Air Pollution Control Act and the 

adoption of the Subchapter 21— 

‘‘Emission Statements,’’ EPA is 

proposing to find that New Jersey has 

met the requirements of section 

110(a)(2)(F) for the 1997 8-hour ozone 

and 1997 and 2006 PM2.5 NAAQS and 

is proposing to revoke 40 CFR 52.1575. 

G. Emergency power: Section 

110(a)(2)(G) requires states to provide 

for authority to address activities 

causing imminent and substantial 

endangerment to public health, 

including contingency plans to 

implement the emergency episode 

provisions in their SIPs. 

For PM2.5, EPA’s guidance dated 

September 25, 2009 4 provides 

clarification that states that have air 

quality control regions identified as 

either Priority I, Priority IA or Priority 

II by the ‘‘Prevention of Air Pollution 

Emergency Episodes’’ rules at 40 CFR 

51.150 must develop emergency episode 

contingency plans. States are required to 

develop emergency episode plans for 

any area that has monitored and 

recorded 24-hour PM2.5 levels greater 

than 140.4 mg/m3 since 2006. A state 

that has never exceeded this level since 

2006 is considered to be Priority III. See 

40 CFR 51.150(f). In accordance with 

the guidance, for a Priority III area a 

state may certify that it has appropriate 

general emergency powers to address 

PM2.5-related episodes, and is not 

required to adopt specific emergency 

episode plans at this time, given the 

existing monitored levels. 

Since 2006 air-quality monitors in 

New Jersey show that PM2.5 levels have 

been below the 140.5 mg/m3 threshold. 

New Jersey certified in its infrastructure 

submittals that it should be classified as 

a Priority III region and, therefore, 

emergency episode plans for PM2.5 are 

not required. Therefore, New Jersey has 

met the requirements of section 

110(a)(2)(G) for both the 1997 and 2006 

PM2.5 NAAQS. 

In general and for the 1997 ozone 

standard, the section 110(a)(2)(G) 

requirements are addressed by New 

Jersey’s Air Pollution Emergency 

Control Act (NJSA 26:2C–26 et seq.), 

which is implemented through NJAC 

7:27–12 ‘‘Prevention and Control of Air 

Pollution Emergencies.’’ While the New 

Jersey SIP contains Subchapter 12, it is 

not the current version of the State rule. 

In addition, Subchapter 12 requires that 

the NJDEP publish in the New Jersey 

Register the emergency criteria that will 

be used in making alerts, warnings or 

emergencies. NJDEP has not provided 

the criteria. Therefore, EPA is proposing 

to condition its approval based on 

NJDEP submitting, for approval into the 

SIP, the current version of Subchapter 

12 and the emergency criteria levels that 

will be used. 

H. Future SIP revisions: Section 

110(a)(2)(H) requires states to have the 

authority to revise their SIPs in response 

to changes in the NAAQS, availability of 

improved methods for attaining 

NAAQS, and in response to an EPA 

finding that the SIP is substantially 

inadequate. 

The NJDEP is given the authority by 

NJSA 13:1D–9 to formulate 

comprehensive policies ‘‘for the 

conservation of the natural resources of 

the State, the promotion of 

environmental protection and the 

prevention of pollution of the 

environment of the State.’’ EPA 

proposes to find that the State has 

adequate authority to develop and 

implement plans and programs that 

fulfills the requirements of section 

110(a)(2)(H) for the 1997 8-hour ozone 

and 1997 and 2006 PM2.5 NAAQS. 

I. Nonattainment Area Plans Under 

Part D: Section 110(a)(2)(I) of the CAA 

requires that each such plan shall ‘‘in 

the case of a plan or plan revision for 

an area designated as a nonattainment 

area, meet the applicable requirements 

of part D of this subchapter (relating to 

nonattainment areas).’’ EPA is not 

evaluating nonattainment-related 

provisions, the NSR program required 

by part D in section 110(a)(2)(C) and 

measures for attainment required by 

section 110(a)(2)(I), as part of the 

infrastructure SIPs because, as 

discussed elsewhere in this proposal, 

these submittals have been addressed by 

other SIP revisions which EPA has or 

will be acting on in other rulemakings. 

J. Consultation With Government 

Official, Public Notification, PSD, and 

Visibility Protection: Section 110(a)(2)(J) 

requires states to meet the applicable 

requirements of CAA section 121, 

relating to consultation, CAA section 

127, relating to public notification, and 

CAA title I, part C, relating to the 

prevention of significant deterioration of 

air quality and visibility protection. 

Consultation With Government Officials 

Section 121 requires a process for 

consultation with local governments 

and Federal Land Managers carrying out 

NAAQS implementation requirements. 

EPA finds that the 110(a) submittals 

from New Jersey, and the cited authority 

of NJSA 26:2C–8 and 9, meet the 

requirements of section 110(a)(2)(J) for 

consultation with government officials. 

Public Notification 

Section 127 requires that the state 

plan include measures to effectively 

notify the public of any NAAQS 

exceedances, advise the public of health 

hazards associated with such pollution, 

and include measures to enhance public 

awareness of measures that can be taken 

to prevent exceedances. 

New Jersey is a partner participating 

in EPA’s AIRNOW and EnviroFlash Air 

Quality Alert programs. (See 

www.airnow.gov.) EPA is proposing to 

find that New Jersey’s SIP submittal has 

met the public notification requirements 

of section 110(a)(2)(J) for the 1997 

8-hour ozone and 1997 and 2006 PM2.5

NAAQS. See NJSA 26:2C–9. 

PSD 

Section 110(a)(2)(J) also requires 

states to meet applicable requirements 

of Part C related to prevention of 

significant deterioration and visibility 

protection. EPA evaluated this 

requirement in the context of section 

110(a)(2)(C) with respect to permitting 

(see discussion under (C) (program for 

enforcement of control measures)). EPA 

interprets this section 110 provision 

relating to visibility as not being 

‘‘triggered’’ by a new NAAQS because 

the visibility requirements in part C are 

not changed by a new NAAQS. 

New Jersey is currently subject to a 

PSD FIP, as discussed under (C) 

(Program for enforcement of control 

measures). The approvability of a state’s 

PSD program in its entirety is essential 

to the approvability of the infrastructure 

SIP with respect to section 110(a)(2)(J). 

Until the State provides such a program, 

the New Jersey infrastructure SIP is not 

approvable with respect to section 

110(a)(2)(J). Therefore, EPA proposes to 

disapprove New Jerseys’ infrastructure 

SIP with respect to the PSD sub-element 

of 110(a)(2)(J) for the 1997 8-hour ozone 

and 1997 and 2006 PM2.5 NAAQS. 

However, as noted in sections C and D, 

above, this disapproval does not impose 

any sanctions or new FIP obligations. 

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Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Proposed Rules 21301 

K. Air quality and modeling/data: 

Section 110(a)(2)(K) requires that SIPs 

provide for air quality modeling for 

predicting effects on air quality of 

emissions from any NAAQS pollutant 

and submission of such data to EPA 

upon request. 

The infrastructure submittals from 

New Jersey reference regulations that 

have provisions for performing airquality modeling, including modeling 

for attainment plans, permits, and 

redesignation requests. NJAC 7:27–8.5 

and 22.8. EPA proposes to find that the 

State has adequate authority to perform 

air quality modeling that fulfills the 

requirements of section 110(a)(2)(K). 

L. Permitting fees: Section 110(a)(2)(L) 

requires SIPs to require each major 

stationary source to pay permitting fees 

to cover the cost of reviewing, 

approving, implementing and enforcing 

a permit, until such time as the SIP fee 

requirement is superseded by EPA’s 

approval of the State’s Title V operating 

permit program. EPA’s full approval of 

the title V program for New Jersey 

became effective on November 30, 2001. 

66 FR 63168 (December 5, 2001). Before 

EPA can grant full approval, a state 

must demonstrate the ability to collect 

adequate fees. New Jersey’s title V 

program included a demonstration that 

the State will collect a fee from title V 

sources above the presumptive 

minimum in accordance with 40 CFR 

70.9(b)(2)(i). The State collects sufficient 

fees to administer its title V permit 

program. EPA proposes to find that the 

State has meet the requirements for 

section 110(a)(2)(L). 

M. Consultation/participation by 

affected local entities: Section 

110(a)(2)(M) requires states to provide 

for consultation and participation in SIP 

development by local political 

subdivisions affected by the SIP. EPA 

proposes to find that the State has 

adequate authority and procedures that 

fulfills the requirements of section 

110(a)(2)(M). See NJSA 26:2C–8 and 

52:14B. 

VII. What action is EPA taking? 

EPA is proposing to approve New 

Jersey’s submittals as fully meeting the 

infrastructure requirements for the 1997 

8-hour ozone and the 1997 and 2006 

PM2.5 NAAQS for the following section 

110(a)(2) elements and sub-elements: 

(A), (B), (C) (as it relates to the 

enforcement of SIPs), (D)(i)(II) prong 4 

(visibility), (E)(i), (F), (H), (J) 

(consultation), (J) (public notification), 

(K), (L), and (M). EPA is also proposing 

to find that New Jersey has met the 

confidentiality requirements of section 

110(a)(2)(F) and is proposing to remove 

40 CFR 52.1574 and 40 CFR 52.1575. 

EPA is proposing to disapprove New 

Jersey’s submittals for the 1997 8-hour 

ozone and 1997 and 2006 PM2.5 NAAQS 

section 110(a)(2) sub-elements: (C), 

prong 3 of (D)(i)(II), and (J) as they relate 

to the State’s lack of a state adopted PSD 

program, as well as (D)(ii), which relates 

to interstate and international pollution 

abatement and PSD. However, these 

disapprovals will not trigger any 

sanctions or additional FIP obligation 

since a PSD FIP is already in place. 

EPA is proposing to conditionally 

approve New Jersey’s submittals for the 

1997 8-hour ozone and 1997 and 2006 

PM2.5 NAAQS for the following 

110(a)(2) elements and sub-elements: 

E(ii) (conflict of interest provisions), 

E(iii) (delegations), and for the 1997 

8-hour ozone element (G) (emergency 

powers). New Jersey must commit in 

writing on or before May 10, 2013 to 

correct the deficiencies discussed above. 

New Jersey must then correct the 

deficiencies and submit them to EPA 

within one year of EPA’s final action on 

this SIP action. Some of the deficiencies 

involve providing information that EPA 

is familiar with and believes currently 

exists, but was not included in the 

State’s submittal. Should New Jersey 

provide this information before we take 

final rulemaking, EPA is also proposing 

in the alternative to fully approve: 

Section 110(a)(2)(E)(ii), section 

110(a)(2)(E)(iii) and remove 40 CFR 

52.1579, and section 110(a)(2)(G). 

Under section 110(k)(4) of the Act, 

EPA may conditionally approve a plan 

based on a commitment from a State to 

adopt specific enforceable measures by 

a date certain, but not later than one 

year from the date of approval. If EPA 

conditionally approves the commitment 

in a final rulemaking action, the State 

must meet its commitment to complete 

requirements of each section 110(a)(2) 

element listed above. If New Jersey fails 

to do so for any section 110(a)(2) 

element, our conditional approval of 

that element will, by operation of law, 

become a disapproval for New Jersey 

one year from the date of final approval. 

EPA will notify the State by letter that 

this action has occurred. At that time, 

this commitment will no longer be a 

part of the approved SIP for New Jersey. 

EPA subsequently will publish a 

document in the Federal Register 

notifying the public that the conditional 

approval automatically converted to a 

disapproval. If New Jersey meets its 

commitments within the applicable 

time frame, the conditionally approved 

submission will remain a part of the SIP 

or SIPs until EPA takes final action 

approving or disapproving the element 

in question. 

If EPA disapproves a State’s new 

submittal, the conditionally approved 

section 110(a)(2) element will also be 

disapproved at that time. If EPA 

approves the submittal, the section 

110(a)(2) element will be fully approved 

in its entirety and replace the 

conditionally approved 110(a)(2) 

element in the SIP. Finally, if, based on 

information received before EPA takes 

final action on this proposal, EPA 

determines that it cannot issue a final 

conditional approval for one or more 

elements for which EPA has proposed a 

conditional approval, then EPA will 

instead issue a disapproval for such 

elements. 

As discussed in section I, above, EPA 

is not acting on New Jersey’s submittal 

as it relates to nonattainment 

provisions, the NSR program required 

by part D in section 110(a)(2)(C) and the 

measures for attainment required by 

section 110(a)(2)(I), as part of the 

infrastructure SIPs because these 

submittals have been addressed by other 

SIP revisions which EPA has or will be 

acting on in other rulemakings. 

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 submitting 

written comments to the EPA Regional 

Office listed in the ADDRESSES section of 

this Federal Register, or by submitting 

comments electronically, by mail, or 

through hand delivery or courier 

following the directions in the 

ADDRESSES section of this Federal 

Register. 

VIII. 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.); 

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21302 Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Proposed Rules 

• 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 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 (65 FR 67249, 

November 9, 2000), 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: April 1, 2013. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2013–08238 Filed 4–9–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2013–0180, FRL–9800–3] 

Approval and Promulgation of 

Implementation Plans; New York State 

Ozone Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the New York State 

Implementation Plan (SIP) for ozone 

concerning the control of oxides of 

nitrogen. The proposed SIP revision 

consists of amendments to Title 6 of the 

New York Codes, Rules and Regulations 

Part 200, ‘‘General Provisions,’’ Part 

212, ‘‘General Process Emission 

Sources,’’ Part 220, ‘‘Portland Cement 

Plants and Glass Plants,’’ and Subpart 

227–2, ‘‘Reasonably Available Control 

Technology (RACT) For Major Facilities 

of Oxides of Nitrogen (NOx).’’ The 

intended effect of this action is to 

approve control strategies, required by 

the Clean Air Act, which will result in 

emission reductions that will help attain 

and maintain the national ambient air 

quality standards for ozone. 

DATES: Comments must be received on 

or before May 10, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket Number EPA–R02– 

OAR–2013–0180, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: Ruvo.Richard@epa.gov. 

• Fax: 212–637–3901. 

• Mail: Richard Ruvo, Acting Chief, 

Air Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Richard Ruvo, 

acting Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

Instructions: Direct your comments to 

Docket No. EPA–R02–OAR–2013–0180. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters or any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber (wieber.kirk@epa.gov), Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–3381. 

SUPPLEMENTARY INFORMATION: 

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