Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations 40151 

coordination and review of proposed 

Federal financial assistance. 

This document provides notification 

of our specific plans and actions for this 

program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., Braille, large 

print, audiotape, or compact disc) by 

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations via the 

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fdsys. At this site you can view this 

document, as well as all other 

documents of this Department 

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You may also access documents of the 

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the Department. 

Dated: August 9, 2018. 

Frank T. Brogan, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2018–17470 Filed 8–13–18; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2018–0237; FRL–9981– 

83—Region 2] 

Approval of Air Quality Implementation 

Plans; New Jersey; Infrastructure 

Requirements for the 2012 PM2.5

NAAQS; Interstate Transport 

Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

the State Implementation Plan (SIP) 

submission from New Jersey regarding 

the infrastructure requirements of 

section 110 of the Clean Air Act (CAA) 

for the 2012 annual fine particulate 

matter (PM2.5) National Ambient Air 

Quality Standard (NAAQS or standard). 

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 concerning interstate 

transport provisions. 

DATES: This final rule is effective on 

September 13, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2018–0237. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Fradkin, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3702, or by email at 

fradkin.kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

SUPPLEMENTARY INFORMATION section is 

arranged as follows: 

Table of Contents 

I. What is the background for this action? 

II. What comments were received in response 

to the EPA’s proposed action? 

III. What action is the EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

Under sections 110(a)(1) and (2) of the 

Clean Air Act (CAA), each state is 

required to submit a State 

Implementation Plan (SIP) that provides 

for the implementation, maintenance, 

and enforcement of a revised primary or 

secondary National Ambient Air Quality 

Standards (NAAQS or standard). CAA 

sections 110(a)(1) and (2) require each 

state to make a new SIP submission 

within three years after the EPA 

promulgates a new or revised NAAQS 

for approval into the existing federallyapproved SIP to assure that the SIP 

meets the applicable requirements for 

such new and revised NAAQS. 

On May 21, 2018 (83 FR 23402), EPA 

published a Notice of Proposed 

Rulemaking (NPR) in the Federal 

Register for the State of New Jersey. The 

NPR proposed to approve elements of 

the State of New Jersey’s Infrastructure 

SIP submission, dated October 17, 2014, 

which were submitted to address CAA 

section 110(a) infrastructure 

requirements for the following NAAQS: 

2008 ozone, 2008 lead, 2010 nitrogen 

dioxide (NO2), 2010 sulfur dioxide 

(SO2), 2011 carbon monoxide (CO), 2006 

particulate matter of 10 microns or less 

(PM10), and 2012 particulate matter of 

2.5 microns or less (PM2.5). Specifically, 

EPA proposed in the May 21, 2018 

action to approve the portion of the 

submission addressing the interstate 

transport provisions for the 2012 PM2.5

NAAQS under CAA section 

110(a)(2)(D)(i)(I), otherwise known as 

the ‘‘good neighbor’’ provision. 

Other detailed information relevant to 

this action on New Jersey’s 

infrastructure SIP submission, including 

infrastructure requirements concerning 

interstate transport provisions, and the 

rationale for EPA’s proposed action are 

explained in the NPR and the associated 

Technical Support Document (TSD) in 

the docket and are not restated here. 

II. What comments were received in 

response to the EPA’s proposed action? 

In response to the EPA’s May 21, 2018 

proposed rulemaking to approve the 

portion of the New Jersey’s 

infrastructure SIP submission, dated 

October 17, 2014, addressing the 

interstate transport provisions for the 

2012 PM2.5 NAAQS, EPA received two 

comments from the public during the 

30-day public comment period. After 

reviewing the comments, EPA has 

determined that the comments are 

outside the scope of our proposed action 

or fail to identify any material issue 

necessitating a response. None of the 

comments raise issues germane to the 

EPA’s proposed action. For this reason, 

the EPA will not provide a specific 

response to the comments. The 

comments may be viewed under Docket 

ID Number EPA–R02–OAR–2018–0237 

on the http://www.regulations.gov 

website. 

III. What action is EPA taking? 

EPA is approving the portion of New 

Jersey’s October 17, 2014 infrastructure 

SIP submission addressing the interstate 

transport provisions for the 2012 PM2.5

NAAQS under CAA section 

110(a)(2)(D)(i)(I). 

EPA will address the requirements of 

CAA sections 110(a)(2)(D)(i)(I) for the 

2008 lead, 2010 NO2, 2010 SO2, 2011 

CO, and the 2006 PM10 NAAQS in a 

separate action at a later date. As noted 

in the NPR, New Jersey withdrew the 

portion of its October 17, 2014 SIP 

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


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40152 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations 

1 81 FR 64070 (September 19, 2016). 

with respect to the 2008 8-hour ozone 

NAAQS. 

EPA addressed interstate transport 

provisions concerning the Prevention of 

Significant Deterioration (PSD) 

regulations and visibility protection 

(i.e., section 110(a)(2)(D)(i)(II)) for 2012 

PM2.5, 2008 ozone, 2008 lead, 2010 NO2, 

2010 SO2, 2011 CO, and the 2006 PM10

NAAQS) on September 19, 2016.1

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where 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 will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 October 15, 2018. 

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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: July 25, 2018. 

Peter D. Lopez, 

Regional Administrator, Region 2. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart FF—New Jersey 

■ 2. In § 52.1570, the table in paragraph 

(e) is amended by adding the entry ‘‘NJ 

Infrastructure SIP for the 2012 PM2.5

NAAQS; Interstate Transport 

Provisions’’ at the end of the table to 

read as follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS

SIP element 

Applicable 

geographic or 

nonattainment area 

New Jersey 

submittal date EPA approval date Explanation 

*******

NJ Infrastructure SIP for 

the 2012 PM2.5 NAAQS; 

Interstate Transport Provisions.

State-wide ............. October 17, 2014 .. August 14, 2018, [insert 

Federal Register citation].

This action addresses the following CAA 

elements: 110(a)(2)(D)(i)(I) prongs 1 

and 2. 


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Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations 40153 

1Section 302(d) of the CAA includes the United 

States Virgin Islands in the definition of the term 

‘‘State.’’ 

■ 3. In § 52.1586, paragraph (b)(1) is 

amended by adding a sentence at the 

end of the paragraph to read as follows: 

§ 52.1586 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(b) * * * 

(1) * * * Submittal from New Jersey 

dated October 17, 2014 to address the 

CAA infrastructure requirements of 

section 110(a)(2) for the 2012 PM2.5 is 

approved for (D)(i)(I). 

* * * * * 

[FR Doc. 2018–17361 Filed 8–13–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2018–0197; 

FRL–9981–63—Region 2] 

Adequacy Status of Motor Vehicle 

Emissions Budgets for the New York 

Portion of the New York-Northern New 

Jersey-Long Island, NY-NJ-CT, 2008 8- 

Hour Ozone Nonattainment Area; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of adequacy; 

correction. 

SUMMARY: This document corrects an 

error in the table posted in the June 8, 

2018, notification of adequacy of the 

motor vehicle emission budgets (MVEB) 

for the New York portions of the New 

York-Northern New Jersey-Long Island, 

NY-NJ-CT 8-hour ozone nonattainment 

area. The MVEBs were submitted by 

New York State Department of 

Environmental Conservation as part of 

the SIP revision for the area’s 2008 8- 

hour ozone nonattainment area. The 

MVEB budget table in the original post 

listed incorrect units for the actual 

MVEBs. The Environmental Protection 

Agency (EPA), therefore, is correcting 

the table to show the correct units. 

DATES: This correction is effective on 

August 14, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Hannah Greenberg, Environmental 

Protection Agency Region 2, Air 

Programs Branch, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866; (212) 637–3829, 

greenberg.hannah@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published a notification of adequacy on 

June 8, 2018, (83 FR 26597) which 

found that the 2017 MVEBs for volatile 

organic compounds (VOCs) and 

nitrogen oxides (NOX) submitted by the 

New York State Department of 

Environmental Conservation for the 

2008 NAAQS for ozone are adequate for 

transportation conformity purposes for 

the New York portions of the New YorkNorthern New Jersey-Long Island, NYNJ-CT 8-hour ozone nonattainment area. 

In this document, EPA erroneously 

listed the 2017 MVEB units as tons per 

year. The actual 2017 MVEB units are 

tons per day. Therefore, the table is 

being corrected to list the correct units. 

Correction 

In the notification of adequacy 

published in the Federal Register on 

June 8, 2018 (83 FR 26597), on page 

26598, in the second column, the table: 

TABLE 1—2017 MOTOR VEHICLE

EMISSIONS BUDGETS FOR NYMTC 

[Tons per year] 

Year VOC NOX

2017 .................. 65.69 117.21 

is corrected to read: 

TABLE 1—2017 MOTOR VEHICLE

EMISSIONS BUDGETS FOR NYMTC 

[Tons per day] 

Year VOC NOX

2017 .................. 65.69 117.21 

Authority: 42 U.S.C. 7401–7671 q. 

Dated: July 20, 2018. 

Peter D. Lopez, 

Regional Administrator, Region 2. 

[FR Doc. 2018–17369 Filed 8–13–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2018–0712; FRL–9981– 

99—Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; United States Virgin 

Islands; Commercial and Industrial 

Solid Waste Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a Clean Air 

Act (CAA) section 111(d)/129 negative 

declaration for the United States Virgin 

Islands, for Commercial and industrial 

solid waste incineration (CISWI) units. 

This negative declaration certifies that 

CISWI units subject to sections 111(d) 

and 129 of the CAA do not exist within 

the jurisdiction of the United States 

Virgin Islands. The EPA is accepting the 

negative declaration in accordance with 

the requirements of the CAA. 

DATES: This final rule is effective on 

September 13, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Linky, Environmental 

Protection Agency, Air Programs 

Branch, 290 Broadway, New York, New 

York 10007–1866 at 212–637–3764 or 

by email at Linky.Edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to the EPA. This section 

provides additional information by 

addressing the following: 

I. Background 

II. What comments were received in response 

to the EPA’s proposed rule? 

III. What action is EPA taking today? 

IV. Statutory and Executive Order Reviews 

I. Background 

The Clean Air Act (CAA) requires that 

state 1 regulatory agencies implement 

the emission guidelines and compliance 

times using a state plan developed 

under sections 111(d) and 129 of the 

CAA. 

The general provisions for the 

submittal and approval of state plans are 

codified in 40 CFR part 60, subpart B 

and 40 CFR part 62, subpart A. Section 

111(d) establishes general requirements 

and procedures on state plan submittals 

for the control of designated pollutants. 

Section 129 requires emission 

guidelines to be promulgated for all 

categories of solid waste incineration 

units, including commercial and 

industrial solid waste incineration 

(CISWI) units. A CISWI unit is defined, 

in general, as ‘‘any distinct operating 

unit of any commercial or industrial 

facility that combusts, or has combusted 

in the preceding 6 months, any solid 

waste as that term is defined at 40 CFR 

241.’’ See 40 CFR 60.2875. Section 129 

mandates that all plan requirements be 

at least as protective as the promulgated 

emission guidelines. This includes fixed 

final compliance dates, fixed 

compliance schedules, and Title V 

permitting requirements for all affected 

sources. Section 129 also requires that 

state plans be submitted to EPA within 

one year after EPA’s promulgation of the 

emission guidelines and compliance 

times. 

States have options other than 

submitting a state plan in order to fulfill 


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