45472 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 

1 40 CFR part 51, subpart P. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2016–0413; FRL–9968–63– 

Region 2] 

Approval and Promulgation of 

Implementation Plans; New Jersey; 

Regional Haze Five-Year Progress 

Report State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving New Jersey’s 

regional haze progress report, submitted 

on June 28, 2016, as a revision to its 

State Implementation Plan (SIP). New 

Jersey’s SIP revision addresses 

requirements of the Clean Air Act and 

the EPA’s rules that require each state 

to submit periodic reports describing 

progress towards reasonable progress 

goals established for regional haze and 

a determination of the adequacy of the 

state’s existing regional haze SIP. The 

EPA is approving New Jersey’s 

determination that the State’s regional 

haze SIP is adequate to meet these 

reasonable progress goals for the first 

implementation period which extends 

through 2018. 

DATES: This rule is effective on October 

30, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2016–0413. 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., confidential business information 

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 through 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10278, (212) 637–3381 or 

wieber.kirk@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the Regional Haze Rule,1 each 

state was required to submit its first 

implementation plan addressing 

regional haze visibility impairment to 

the EPA no later than December 17, 

2007. See 40 CFR 51.308(b). New Jersey 

submitted its regional haze plan on July 

28, 2009. On January 3, 2012, the EPA 

approved New Jersey’s regional haze SIP 

submittal addressing the requirements 

of the first implementation period for 

regional haze. 77 FR 19 (Jan.3, 2012). 

Each state is also required to submit 

a progress report in the form of a SIP 

revision that evaluates progress towards 

the reasonable progress goals (RPGs) for 

each mandatory Class I Federal area 

within the state and for each mandatory 

Class I Federal area outside the state 

which may be affected by emissions 

from within the state. See 40 CFR 

51.308(g). Each state is also required to 

submit, at the same time as the progress 

report, a determination of the adequacy 

of its existing regional haze SIP. See 40 

CFR 51.308(h). The progress report SIP 

was due five years after submittal of the 

initial regional haze SIP. 

On June 28, 2016, New Jersey 

submitted to the EPA, as a revision to 

its SIP, a report on progress made 

towards the RPGs for Class I areas in the 

State and for Class I areas outside the 

State that are affected by emissions from 

sources within the State. In its progress 

report SIP, New Jersey concludes the 

elements and strategies relied on in its 

original regional haze SIP are sufficient 

to enable New Jersey and neighboring 

states to meet all established RPGs. In a 

notice of proposed rulemaking (NPRM) 

published on August 1, 2017 (82 FR 

35734), the EPA proposed to approve 

New Jersey’s progress report as 

satisfying the requirements of 40 CFR 

51.308(g) and 51.308(h). No comments 

were received on the August 1, 2017 

proposed rulemaking. 

II. Final Action 

EPA is finalizing approval of New 

Jersey’s Regional Haze Progress Report 

SIP revision, submitted by New Jersey 

on June 28, 2016, as meeting the 

requirements of 40 CFR 51.308(g) and 

51.308(h). 

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 Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• 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, 


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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45473 

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 November 28, 

2017. 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, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 19, 2017. 

Catherine R. McCabe, 

Acting Regional Administrator, Region 2. 

Part 52 chapter I, title 40 of the Code 

of Federal Regulations 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(e), the table titled 

‘‘EPA APPROVED NEW JERSEY 

NONREGULATORY AND QUASIREGULATORY PROVISIONS’’ is 

amended by adding the entry ‘‘Regional 

Haze Five-Year Progress Report’’ 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 

*******

Regional Haze Five-Year Progress Report.State-wide .................. June 28, 2016 ...... September 29, 2017, [Federal Register page citation].

[FR Doc. 2017–20821 Filed 9–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0362; FRL–9968–10– 

Region 4] 

Air Plan Approval; North Carolina 

Miscellaneous Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving several 

changes to the North Carolina State 

Implementation Plan (SIP) submitted by 

the State of North Carolina, through the 

North Carolina Department of 

Environmental Quality (NCDEQ), on 

December 14, 2004, and March 1, 2016. 

The March 1, 2016, submission adds a 

new rule to the ‘‘Exclusionary Rules’’ of 

the North Carolina SIP, and the portion 

of the December 14, 2004, submission 

EPA is approving adds two new rules 

under a new section called ‘‘Permit 

Exemptions.’’ This action is being taken 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: This rule will be effective 

October 30, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0362. 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, i.e., Confidential Business 

Information 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 Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

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

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 14, 2004, and March 1, 

2016, the State of North Carolina, 

through NCDEQ, submitted revisions to 

the North Carolina SIP. The March 1, 

2016, submission which adds a new 

rule—15A NCAC 02Q .0809 Concrete 

Batch Plants—and a portion of the 

December 14, 2004, submission which 

adds two new rules—15A NCAC 02Q 

.0901, Purpose and Scope and .0902 

Portable Crushers. In a proposed 

rulemaking published on July 10, 2017 

(82 FR 31739), EPA proposed to approve 

these SIP revisions. The details of North 

Carolina’s SIP revision and the rationale 

for EPA’s action are explained in the 

proposed rulemaking. Comments on the 

proposed rulemaking were due on or 

before August 9, 2017. EPA did not 

receive any comments on the proposed 

action. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of North Carolina Rules 

15A NCAC 02Q .0809 entitled 

‘‘Concrete Batch Plants’’ effective April 

1, 2004, a new exclusionary rule for 

concrete batch that excludes from Title 

V permitting requirements such 


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