83036 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(606) to read as 

follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(606) The following materials were 

submitted on March 17, 2022, by the 

Governor’s designee as an attachment to 

a letter dated March 16, 2022. 

(i) [Reserved] 

(ii) Additional materials. (A) San 

Joaquin Valley Unified Air Pollution 

Control District. 

(1) San Joaquin Valley Unified Air 

Pollution Control District Resolution 

No. 21–11–7, In the Matter of: State 

Implementation Credit for Residential 

Wood Burning Device Change-Out 

Incentive Measure, adopted on 

November 18, 2021. 

(2) [Reserved] 

(B) [Reserved] 

* * * * * 

[FR Doc. 2023–26013 Filed 11–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2023–0252; FRL–11034– 

02–R2] 

Approval of Air Quality Implementation 

Plans; New Jersey; Exemptions To 

Improve Resiliency, Air Toxics 

Thresholds, PM2.5 and Ammonia 

Emission Statement Reporting, and 

PM2.5 in Air Permitting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving adoptions, 

repeals, and amendments to the New 

Jersey State Implementation Plan (SIP) 

concerning exemptions to improve 

resiliency during emergency situations, 

updates to hazardous air pollutant 

(HAP) reporting thresholds, updates to 

the certification and submission of 

emission statements, and the addition of 

Federal New Source Review (NSR) 

requirements for fine particles (PM2.5). 

The intended effect of New Jersey’s 

revisions are to enable government and 

business entities to be more resilient 

during and following disruptions from 

natural and human-caused disasters; 

update HAP unit risk factors and 

reference concentrations to reflect 

current research, scientific, and 

technological advancements; update 

provisions to require the reporting of 

PM2.5 and ammonia (NH3) emissions at 

the source level and update the 

electronic reporting of emission 

statements to adapt with advancements 

and Federal requirements; and conform 

the State’s rules on air permits to the 

EPA’s NSR requirements for PM2.5 to 

ensure a source does not adversely 

impact the EPA-established National 

Ambient Air Quality Standards 

(NAAQS). Other revisions New Jersey 

made, which the EPA is approving with 

this notice of final rulemaking, will 

conform administrative penalties to the 

approved rules and correct errors and 

inconsistencies throughout the State’s 

SIP. This action is being taken in 

accordance with the requirements of the 

Clean Air Act. The EPA proposed to 

approve this rule on September 28, 

2023, and received no comments. 

DATES: This final rule is effective on 

December 28, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2023–0252. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Controlled Unclassified 

Information (CUI) (formally referred to 

as Confidential Business Information 

(CBI)) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Ferreira, Air Programs Branch, 

Environmental Protection Agency, 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866, (212) 

637–3127, or by email at 

ferreira.nicholas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this action? 

II. Environmental Justice Considerations 

III. What comments were received in 

response to the EPA’s proposed action? 

IV. What action is the EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On September 28, 2023 (88 FR 66733), 

the EPA published a Notice of Proposed 

Rulemaking that proposed to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of New 

Jersey on December 14, 2017, and 

August 23, 2018, for the purpose of 

approving new rules, repeals, and 

amendments to subchapter 8, 

subchapter 16, subchapter 17, 

subchapter 18, subchapter 19, and 

subchapter 21 of New Jersey 

Administrative Code, Title 7, Chapter 27 

(N.J.A.C. 7:27); as well as to subchapter 

3 of N.J.A.C., Title 7, Chapter 27A. 

New Jersey’s revisions to N.J.A.C. 7:27 

implement changes based on the 

experience the State has gained in 

response to disruptions caused by 

natural disasters such as Superstorm 

Sandy and discussions that the State has 

held with representatives of the 

regulated community and 

environmental groups. New Jersey’s 

revisions include exemptions from air 

emission control and permitting 

requirements that will provide 

flexibility for facilities to use lowemitting temporary and portable 

equipment to improve resiliency during 

emergency situations. 

Additionally, New Jersey’s revisions 

update HAP reporting thresholds using 

the most recent science-based 

methodologies; amend the rules 

governing emissions statements to 

require each facility to report criteria 

pollutants and precursors (including 

PM2.5 and ammonia) at the source level; 

revise the rules governing certification 

and electronic submittal of emissions 

statements; revise the New Source 

Review (NSR) requirements to 

implement the National Ambient Air 

Quality Standards (NAAQS) for fine 

particles (PM2.5); and modify penalty 

provisions to provide consistency with 

the State’s revisions finalized for 

approval within this notice. For the 

reasons herein stated, the EPA is 

approving the revisions made by New 

Jersey to strengthen the effectiveness of 

the State’s SIP. 

The specific details of New Jersey’s 

SIP submittals and the rationale for the 

EPA’s approval action are explained in 

the EPA’s proposed rulemaking and are 

not restated in this final action. For this 

detailed information, the reader is 

referred to the EPA’s September 28, 

2023, proposed rulemaking (88 FR 

66733). 


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1 62 FR 27968 (May 22, 1997). 

II. Environmental Justice 

Considerations 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to review State choices, 

and approve those choices if they meet 

the minimum criteria of the Act. 

The specific details of New Jersey’s 

Environmental Justice (EJ) 

considerations are explained in the 

EPA’s proposed rulemaking and are not 

restated in this final action. For this 

detailed information, the reader is 

referred to the EPA’s September 28, 

2023, proposed rulemaking (88 FR 

66733). 

Furthermore, as the EPA stated in the 

proposed rulemaking, although New 

Jersey included EJ considerations as part 

of its SIP submittal, the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. New Jersey’s provisions 

being approved by the EPA within this 

notice address statewide matters, and 

since EJ issues are more accurately 

captured when evaluating relatively 

smaller areas or on a community level 

basis, the EPA determined it would not 

have been appropriate to evaluate EJ 

concerns at a statewide level. 

The EPA expects that this final action 

will be neutral or contribute to reduced 

environmental and health impacts on all 

populations in New Jersey, including 

people of color and low-income 

populations in New Jersey. At a 

minimum, this final action is not 

expected to worsen any air quality and 

it is expected this action will ensure the 

State is meeting requirements to attain 

and/or maintain air quality standards. 

The EPA therefore concludes that this 

final action will not have or lead to 

disproportionately high or adverse 

human health or environmental effects 

on communities with EJ concerns. 

III. What comments were received in 

response to the EPA’s proposed action? 

The EPA provided a 30-day review 

and comment period for the September 

28, 2023, proposed rule. The comment 

period ended on October 30, 2023. The 

EPA received no comments on this 

action; therefore, the EPA is finalizing 

action as proposed. 

IV. What action is the EPA taking? 

The EPA is approving New Jersey’s 

revisions to N.J.A.C. 7:27 subchapter 8, 

‘‘Permits and Certificates for Minor 

Facilities (and Major Facilities without 

an Operating Permit),’’ section 8.1, 

‘‘Definitions;’’ and subchapter 21, 

‘‘Emission Statements,’’ submitted to 

EPA on December 14, 2017 (State 

effective November 6, 2017), and as 

further updated in a SIP revision to EPA 

on August 23, 2018 (State effective 

January 16, 2018). 

The EPA is also approving New 

Jersey’s revisions to N.J.A.C. 7:27 

subchapter 18, ‘‘Control and Prohibition 

of Air Pollution from New or Altered 

Sources Affecting Ambient Air Quality 

(Emission Offset Rules),’’ submitted to 

EPA on December 14, 2017 (State 

effective November 6, 2017). 

In addition, the EPA is approving the 

State’s revisions to N.J.A.C. 7:27 

subchapter 16, ‘‘Control and Prohibition 

of Air Pollution by Volatile Organic 

Compounds;’’ subchapter 17, ‘‘Control 

and Prohibition of Air Pollution by 

Toxic Substances;’’ subchapter 19, 

‘‘Control and Prohibition of Air 

Pollution by Oxides of Nitrogen;’’ and 

Chapter 27A, subchapter 3.10, ‘‘Civil 

Administrative Penalties for Violations 

of Rules Adopted Pursuant to the Act,’’ 

submitted to EPA on August 23, 2018 

(State effective January 16, 2018). 

V. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference revisions to 

N.J.A.C. 7:27 subchapter 8, ‘‘Permits and 

Certificates for Minor Facilities (and 

Major Facilities without an Operating 

Permit),’’ section 8.1, ‘‘Definitions;’’ 

subchapter 16, ‘‘Control and Prohibition 

of Air Pollution by Volatile Organic 

Compounds;’’ subchapter 17, ‘‘Control 

and Prohibition of Air Pollution by 

Toxic Substances;’’ subchapter 18, 

‘‘Control and Prohibition of Air 

Pollution from New or Altered Sources 

Affecting Ambient Air Quality 

(Emission Offset Rules);’’ subchapter 19, 

‘‘Control and Prohibition of Air 

Pollution by Oxides of Nitrogen;’’ 

subchapter 21, ‘‘Emission Statements;’’ 

and Chapter 27A, subchapter 3.10, 

‘‘Civil Administrative Penalties for 

Violations of Rules Adopted Pursuant to 

the Act,’’ as discussed in Section I. of 

this preamble. The EPA has made, and 

will continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 2 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the State Implementation Plan, have 

been incorporated by reference by the 

EPA into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP compilation.1

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications and it will not 


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83038 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

impose substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The NJDEP evaluated EJ as part of its 

SIP submittal even though the CAA and 

applicable implementing regulations 

neither prohibit nor require an 

evaluation. The EPA’s evaluation of the 

NJDEP’s EJ considerations is described 

in detail under the section titled, 

‘‘Environmental Justice 

Considerations,’’ within the September 

28, 2023, Notice of Proposed 

Rulemaking (88 FR 66733). The analysis 

was done for the purpose of providing 

additional context and information 

about this rulemaking to the public, not 

as a basis of the action. The EPA is 

taking action under the CAA on bases 

independent of New Jersey’s evaluation 

of EJ. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. In 

addition, there is no information in the 

record upon which this decision is 

based that is inconsistent with the 

stated goal of E.O. 12898 of achieving 

environmental justice for people of 

color, low-income populations, and 

Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 29, 2024. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ammonia, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

Oxides, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

dioxide, Volatile organic compounds. 

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

Lisa Garcia, 

Regional Administrator, Region 2. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 

(c) is amended by: 

■ a. Removing the entry for ‘‘Title 7, 

Chapter 27, Section 8.1 and 8.2’’; 

■ b. Adding entries for ‘‘Title 7, Chapter 

27, Section 8.1’’ and ‘‘Title 7, Chapter 

27, Section 8.2’’ in numerical order after 

the entry Title 7, Chapter 27, 

Subchapter 8; and 

■ c. Revising the entries for ‘‘Title 7, 

Chapter 27, Subchapter 16’’, ‘‘Title 7, 

Chapter 27, Subchapter 17’’, ‘‘Title 7, 

Chapter 27, Subchapter 18’’, ‘‘Title 7, 

Chapter 27, Subchapter 19’’, ‘‘Title 7, 

Chapter 27, Subchapter 21’’, and ‘‘Title 

7, Chapter 27A, Subchapter 3.10’’. 

The revisions and additions read as 

follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW JERSEY STATE REGULATIONS AND LAWS

State citation Title/subject 

State 

effective 

date 

EPA 

approval 

date 

Comments 

*******

Title 7, Chapter 27, Section 8.1.Definitions ....................... January 16, 

2018.

11/28/2023 ..... • EPA approval finalized at [insert Federal Register citation]. 

Title 7, Chapter 27, Section 8.2.Applicability ..................... June 20, 1994 August 7, 

1997, 62 FR 

42412.

*******

Title 7, Chapter 27, Subchapter 16.Control and Prohibition of 

Air Pollution by Volatile 

Organic Compounds.

January 16, 

2018.

11/28/2023 ..... • EPA approval finalized at [insert Federal Register citation]. 

Title 7, Chapter 27, Subchapter 17.Control and Prohibition of 

Air Pollution by Toxic 

Substances.

January 16, 

2018.

11/28/2023 ..... • EPA approval finalized at [insert Federal Register citation]. 


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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 83039 

EPA-APPROVED NEW JERSEY STATE REGULATIONS AND LAWS—Continued 

State citation Title/subject 

State 

effective 

date 

EPA 

approval 

date 

Comments 

Title 7, Chapter 27, Subchapter 18.Control and Prohibition of 

Air Pollution from New 

or Altered Sources Affecting Ambient Air 

Quality (Emission Offset Rules).

November 6, 

2017.

11/28/2023 ..... • EPA approval finalized at [insert Federal Register citation]. 

Title 7, Chapter 27, Subchapter 19.Control and Prohibition of 

Air Pollution by Oxides 

of Nitrogen.

January 16, 

2018.

11/28/2023 ..... • EPA approval finalized at [insert Federal Register citation]. 

• Subchapter 19 is approved into the SIP except 

for the following provisions: (1) Phased compliance plan through repowering in Section 19.21 

that allows for implementation beyond May 1, 

1999; and (2) phased compliance plan through 

the use of innovative control technology in Section 19.23 that allows for implementation beyond 

May 1, 1999. 

Title 7, Chapter 27, Subchapter 21.Emission Statements ...... January 16, 

2018.

11/28/2023 ..... • EPA approval finalized at [insert Federal Register citation]. 

• Section 7:27–21.3(b)(1) and 7:27–21.3(b)(2) of 

New Jersey’s Emission Statement rule requires 

facilities to report on the following pollutants to 

assist the State in air quality planning needs: Hydrochloric acid, hydrazine, methylene chloride, 

tetrachloroethylene, 1, 1, 1 trichloroethane, carbon dioxide and methane. EPA will not take SIPrelated enforcement action on these pollutants. 

* * * * * * * 

Title 7, Chapter 27A, Subchapter 3.10.Civil Administrative Penalties for Violations of 

Rules Adopted Pursuant to the Act.

January 16, 

2018.

11/28/2023 ..... • EPA approval finalized at [insert Federal Register citation]. 

*******

* * * * * 

[FR Doc. 2023–26022 Filed 11–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 4, 9, 13, 39, and 52 

[FAR Case 2020–011; Docket No. FAR– 

2020–011; Sequence No. 1] 

RIN 9000–AO13 

Federal Acquisition Regulation: 

Implementation of Federal Acquisition 

Supply Chain Security Act (FASCSA) 

Orders 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule; extension of 

comment period. 

SUMMARY: DoD, GSA, and NASA issued 

an interim rule on October 5, 2023, 

amending the Federal Acquisition 

Regulation (FAR) to implement supply 

chain risk information sharing and 

exclusion or removal orders consistent 

with the Federal Acquisition Supply 

Chain Security Act of 2018 and a final 

rule issued by the Federal Acquisition 

Security Council. The deadline for 

submitting comments is being extended 

from December 4, 2023, to February 2, 

2024, to provide additional time for 

interested parties to provide comments 

on the proposed rule. The effective date 

of this rule is not being changed and 

remains December 4, 2023. 

DATES: For the interim rule published 

on October 5, 2023 (88 FR 69503), the 

deadline to submit comments is 

extended. Submit comments by 

February 2, 2024. 

ADDRESSES: Submit comments in 

response to FAR Case 2020–011 via the 

Federal eRulemaking portal at https://

www.regulations.gov by searching for 

‘‘FAR Case 2020–011’’. Select the link 

‘‘Comment Now’’ that corresponds with 

FAR Case 2020–011. Follow the 

instructions provided at the ‘‘Comment 

Now’’ screen. Please include your name, 

company name (if any), and ‘‘FAR Case 

2020–011’’ on your attached document. 

If your comment cannot be submitted 

using https://www.regulations.gov, call 

or email the points of contact in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

Instructions: Please submit comments 

only and cite ‘‘FAR Case 2020–011’’ in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. Public comments 

may be submitted as an individual, as 

an organization, or anonymously (see 

frequently asked questions at https://

www.regulations.gov/faq). To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Marissa Ryba, Procurement Analyst, at 

314–586–1280 or marissa.ryba@gsa.gov. 

For information pertaining to status, 


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