35764 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2013–0130, FRL–9824–1] 

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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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 

conditionally approving certain 

elements of the submittals, as well as 

determining 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: Effective Date: This rule is 

effective on July 15, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2013–0130. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

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. The Air 

Programs Branch dockets are available 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The Air Programs Branch 

telephone number is 212–637–4249. 

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. Background and Purpose 

Under CAA section 110(a)(1), states 

are required to submit plans called state 

implementation plans (SIPs) that 

provide for the implementation, 

maintenance and enforcement of each 

NAAQS and are referred to as 

infrastructure SIPs. 42 U.S.C. 7410(a)(1). 

On July 18, 1997, EPA promulgated new 

and revised NAAQS for 8-hour ozone 

(62 FR 38856) and PM2.5 (62 FR 38652). 

EPA strengthened the 24-hour PM2.5

NAAQS on October 17, 2006 (71 FR 

61144). The 14 elements required to be 

addressed in infrastructure SIPs 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. 

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. This action does 

not address the requirements of section 

110(a)(2)(D)(i) for the 1997 ozone and 

1997 PM2.5 NAAQS, since they were 

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). Two elements 

identified in section 110(a)(2) are not 

governed by the three year submission 

deadline of section 110(a)(1) because 

SIPs incorporating necessary local 

nonattainment area controls are not due 

within three 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 46352, 46354 

(August 3, 2012) (footnote 3); 77 FR 

60307, 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). 

EPA proposed action on the two SIP 

revisions on April 10, 2013 (78 FR 

21296) and no comments were received 

on the proposal. The reader is referred 

to the April 10, 2013 proposed 

rulemaking for a detailed discussion of 

New Jersey’s submittals and EPA’s 

review and proposed actions. 

In a letter dated May 2, 2013, New 

Jersey committed to address the 

following 110(a)(2) elements and subelements which EPA proposed to 

conditionally approve: E(ii) (conflict of 

interest provisions), E(iii) (delegations), 

and for the 1997 8-hour ozone element 

(G) (emergency powers) with a SIP 

submittal within one year of EPA taking 

final action. 

II. What action is EPA taking? 

EPA is approving 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). With the full approval 

of section 110(a)(2)(F), 40 CFR 52.1574 

and 40 CFR 52.1575 have been satisfied 

and EPA is removing them from the 

CFR. 

EPA is conditionally approving 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 

committed in a May 2, 2013 letter to 

correct the deficiencies and submit 

them to EPA within one year of this 

action. 

New Jersey has elected to comply 

with the Federal PSD requirements by 

accepting delegation of the Federal rules 

and has been successfully implementing 

this program for many years. However, 

EPA does not recognize a delegated PSD 

program as satisfying the Infrastructure 

SIP requirements. Therefore, EPA is 

disapproving New Jersey’s submittals 

for the 1997 8-hour ozone and 1997 and 

2006 PM2.5 NAAQS section 110(a)(2) 

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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations 35765 

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 

Federal Implementation Plan obligation 

since a PSD Federal Implementation 

Plan is already in place. 

III. 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 (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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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 August 13, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 5, 2013. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart FF—New Jersey 

§ 52.1574 [Removed and Reserved] 

■ 2. Section 52.1574 is removed and 

reserved. 

§ 52.1575 [Removed and Reserved] 

■ 3. Section 52.1575 is removed and 

reserved. 

■ 4. Section 52.1586 is added to read as 

follows: 

§ 52.1586 Section 110(a)(2) infrastructure 

requirements. 

(a) 1997 8-hour ozone and the 1997 

and 2006 PM2.5 NAAQS. (1) Approval. 

In a February 25, 2008 submittal and 

supplemented on January 15, 2010, New 

Jersey certified that the State has 

satisfied the Clean Air Act (CAA) 

infrastructure requirements of section 

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

the 1997 and 2006 PM2.5 NAAQS. These 

submittals satisfy the 1997 8-hour ozone 

and the 1997 and 2006 PM2.5 NAAQS 

requirements of CAA sections 

110(a)(2)(A), (B), (C) (enforcement 

program only), (D)(i)(II) prong 4 

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

(consultation and public notification 

only), (K), (L), and (M). 

(2) Disapproval. Submittal from New 

Jersey dated February 25, 2008 and 

supplement dated January 15, 2010 to 

address the CAA infrastructure 

requirements for the 1997 8-hour ozone 

and the 1997 and 2006 PM2.5 NAAQS 

are disapproved for the following 

sections 110(a)(2)(C) (PSD program 

only), (D)(i)(II) (PSD program only), 

(D)(ii), and (J) (PSD program only). 

These requirements are being addressed 

by 40 CFR 52.1603 which has been 

delegated to New Jersey to implement. 

(3) Conditional approval. Submittal 

from New Jersey dated February 25, 

2008 and supplement dated January 15, 

2010 to address the CAA infrastructure 

requirements for the 1997 8-hour ozone 

and the 1997 and 2006 PM2.5 NAAQS 

are conditionally approved for the 

following sections 110(a)(2)(E)(ii) 

(conflict of interest provisions), (E)(iii) 

(delegations), and for the 1997 8-hour 

ozone element section 

110(a)(2)(G)(emergency powers). This 

conditional approval is contingent upon 

New Jersey taking actions to meet 

requirements of these elements within 

one year of conditional approval, as 

committed to in a letter from the State 

to EPA Region 2 dated May 2, 2013. 

(b) [Reserved] 

[FR Doc. 2013–14071 Filed 6–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

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