[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Proposed Rules]
[Pages 68097-68099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26922]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2018-0681, FRL-10003-11-Region 2]
Approval of Air Quality Implementation Plans; New Jersey;
Infrastructure SIP for Interstate Transport Requirements for the 2006
PM10, 2008 Lead, 2010 Nitrogen Dioxide, and 2011 Carbon Monoxide
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the portions of New Jersey's State Implementation Plan (SIP)
revision submittal regarding infrastructure requirements for interstate
transport of pollution with respect to the 2006 particulate matter of
10 microns ([mu]m) or less (PM10), 2008 lead, 2010 nitrogen
dioxide (NO2), and 2011 carbon monoxide (CO) National
Ambient Air Quality Standards (NAAQS).
DATES: Written comments must be received on or before January 13, 2020.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2018-0681 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information or
other information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-3702, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Background
II. Summary of SIP Revision and EPA Analysis
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. General
The EPA is proposing to approve the portions of the State of New
Jersey's Infrastructure SIP submission, dated October 17, 2014, which
address the Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) requirements
pertaining to interstate transport of pollution with respect to the
2006 PM10, 2008 lead, 2010 NO2, and 2011 CO
National Ambient Air Quality Standards (NAAQS).
On September 21, 2006 (71 FR 61144 (October 17, 2006)), the EPA
retained \1\ the primary and secondary 24-hour PM10 standard
of 150 micrograms per cubic meter of air ([micro]g/m\3\), as an average
over a 24-hour period, not to be exceeded more than once per year on
average over a 3-year period, that was initially promulgated on June 2,
1987 (52 FR 24634 (July 1, 1987)).
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\1\ The PM10 standard was also retained on December
14, 2012 (78 FR 3086 (January 15, 2013)), but that is not being
addressed in this action.
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On October 15, 2008 (73 FR 66964 (November 12, 2008)), the EPA
promulgated a revised primary and secondary NAAQS for lead. The 2008
lead NAAQS level is 0.15 [micro]g/m\3\, and the averaging time is a
rolling 3-month period with a maximum (not-to-be-exceeded) form to be
evaluated over a 3-year period.
On January 22, 2010 (75 FR 6474 (February 9, 2010)), the EPA
promulgated a new 1-hour primary NAAQS for NO2 at a level of
100 parts per billion (ppb), based on a 3-year average of the 98th
percentile of the yearly distribution of 1-hour daily maximum
concentrations.
On August 12, 2011 (76 FR 54294 (August 31, 2011)), the EPA
retained the existing primary standard for CO of 9 ppm as an 8-hour
average, and 35 ppm as a 1-hour standard average, neither to be
exceeded more than once per year. The EPA initially established a NAAQS
for CO on April 30, 1971 (36 FR 8186).
B. EPA's Infrastructure Requirements
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This
particular type of SIP submission is commonly referred to as an
``infrastructure SIP.'' These submissions must meet the various
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity
in some of the language of CAA section 110(a)(2), the EPA believes that
it is appropriate to interpret these provisions in the specific context
of acting on infrastructure SIP submissions. The EPA has previously
provided comprehensive guidance on the application of these provisions
through a guidance document for infrastructure SIP submissions and
through regional actions on infrastructure submissions.\2\
[[Page 68098]]
Unless otherwise noted below, we are following that existing approach
in acting on this submission. In addition, in the context of acting on
such infrastructure submissions, EPA evaluates the submitting state's
SIP for facial compliance with statutory and regulatory requirements,
not for the state's implementation of its SIP.\3\ The EPA has other
authority to address any issues concerning a state's implementation of
the rules, regulations, consent orders, etc. that comprise its SIP.
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\2\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on New Jersey's infrastructure SIP submitted on October 17,
2014 that addressed the portion of the submission not germane to
transport to address 2008 Lead, 2008 Ozone, 2010 NO2,
2010 SO2, 2012 PM2.5 NAAQS, 2006
PM10 and 2011 CO NAAQS (83 FR 24661(May 30, 2018)).
\3\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. Thomas, 902 F.3d 971
(Aug. 30, 2018).
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C. Interstate Pollution Transport Requirements
Section 110(a)(2)(D)(i)(I) of the CAA requires a state's SIP to
include adequate provisions prohibiting any emissions activity in one
state that contributes significantly to nonattainment, or interferes
with maintenance, of the NAAQS in any downwind state. The EPA sometimes
refers to these requirements as prong 1 (significant contribution to
nonattainment) and prong 2 (interference with maintenance), or jointly
as the ``good neighbor'' provision of the CAA. Further information can
be found in the Technical Support Document (TSD) for this rulemaking
action, which is available online at www.regulations.gov, Docket number
EPA-R02-OAR-2018-0681.
II. Summary of SIP Revision and EPA Analysis
On October 17, 2014 New Jersey submitted, through the New Jersey
Department of Environmental Protection (NJDEP), a revision to its SIP
to address requirements under section 110(a)(2) of the CAA (the
infrastructure requirements) related to the 2008 Lead, 2008 Ozone, 2010
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.
Although not specifically required by 110(a)(1), since neither NAAQS
was new or revised, the October 17, 2014 SIP submittal also included
infrastructure requirements for the 2006 PM10 and 2011 CO
NAAQS.
On May 30, 2018 the EPA addressed the portion of New Jersey's
October 17, 2014 submission not germane to transport, including:
110(a)(2)(A), 110(a)(2)(B), 110(a)(2)(C), 110(a)(2)(E), 110(a)(2)(F),
110(a)(2)(G), 110(a)(2)(H), 110(a)(2)(J), 110(a)(2)(K), 110(a)(2)(L),
and 110(a)(2)(M) for all submitted NAAQS (i.e., 2008 Lead, 2008 Ozone,
2010 NO2, 2010 SO2, 2012 PM2.5 NAAQS,
2006 PM10 and 2011 CO NAAQS).\4\ In the same action, the EPA
addressed CAA element 110(a)(2)(D)(ii), Interstate and International
Pollution Abatement, for all NAAQS addressed in the SIP submittal.
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\4\ 83 FR 24661(May 30, 2018).
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The EPA acted on CAA element 110(a)(2)(D)(i)(II) prong 3
(interstate transport provisions for the Prevention of Significant
Deterioration) and prong 4 (interstate provisions for visibility) on
September 19, 2016 for all NAAQS addressed in the SIP submittal. In the
September 19, 2016 rulemaking, the EPA disapproved prong 3 and approved
prong 4.\5\
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\5\ 81 FR 64070 (September 19, 2016).
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The EPA acted on 110(a)(2)(D)(i)(I) for the interstate transport
pollution requirements portion of the New Jersey October 17, 2014
submittal with respect to the 2012 PM2.5 NAAQS, finalizing
approval on August 14, 2018.\6\
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\6\ 83 FR 40151 (August 14, 2018).
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With respect to the 2008 ozone NAAQS, New Jersey withdrew the
110(a)(2)(D)(i)(I) for the interstate transport pollution requirements
portion of the October 17, 2014 submission in a letter to the EPA on
March 30, 2016. New Jersey subsequently submitted a SIP revision
addressing 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS (as well as the
2015 ozone NAAQS) on May 13, 2019. The EPA will address New Jersey's
May 13, 2019 SIP submittal in a separate action at a later date.
The EPA is not acting on 110(a)(2)(D)(i)(I) for interstate
transport pollution with respect to the 2010 SO2 NAAQS and
will address it in another action.
This proposed rulemaking action addresses the portions of New
Jersey's infrastructure submittal for the 2006 PM10, 2008
lead, 2010 NO2, and 2011 CO NAAQS that pertain to transport
requirements of CAA section 110(a)(2(D)(i)(I).
The portions of New Jersey's October 17, 2014 SIP submittal
addressing section 110(a)(2)(D)(i)(I) set forth New Jersey's position
that it does not significantly contribute to nonattainment in, or
interfere with maintenance by, any other state with respect to the 2006
PM10, 2008 lead, 2010 NO2, and 2011 CO NAAQS.
Additionally, New Jersey described in its submittal its existing SIP-
approved control measures, and other federally enforceable control
measures, such as consent decrees and federal rules that apply to 2006
PM10, 2008 lead, 2010 NO2, and 2011 CO sources
within the State.
In our analysis of New Jersey's SIP submission with respect to the
2006 PM10, 2008 lead, 2010 NO2, and 2011 CO
NAAQS, the EPA considered ambient air quality data, the proximity of
nearby nonattainment and maintenance areas, and emission trends.
With respect to the 2008 lead NAAQS, the EPA's evaluation indicates
that there are no violating air quality monitors near New Jersey
borders, or in New Jersey. Ambient air quality data is well below the
NAAQS. There are no nearby nonattainment or maintenance areas in nearby
states. Additionally, there are no significant lead sources in New
Jersey near the State borders.
Regarding the 2006 PM10 NAAQS, the EPA's evaluation
indicates that there are also no violating air quality monitors near
New Jersey borders, or in New Jersey. Ambient air quality data is well
below the NAAQS. There are no nearby nonattainment and maintenance
areas for the 24-hour PM10 NAAQS, and emissions continue to
trend downward.
With respect to the 2010 NO2 NAAQS, the EPA's evaluation
indicates that there are also no violating air quality monitors near
New Jersey borders, or in New Jersey. Ambient air quality data is well
below the NAAQS. There are no nearby nonattainment and maintenance
areas. New Jersey NO2 emissions continue to trend downward
and are projected by the EPA to further decrease by 2023.
For the 2011 CO NAAQS, the EPA's evaluation indicates that there
are also no violating air quality monitors near New Jersey borders, or
in New Jersey. Ambient air quality data is well below the NAAQS. There
are no nearby CO nonattainment areas. Nearby maintenance areas in
neighboring states have maintained the NAAQS for close to two decades.
CO emissions continue to trend downward, and additional mobile
emissions reductions are projected by 2030 as a result of Federal Tier
3 standards.
The EPA therefore proposes to approve New Jersey's infrastructure
SIP submittal for CAA section 110(a)(2)(D)(i)(I) for the 2006
PM10, 2008 lead, 2010 NO2, and 2011 CO NAAQS.
A detailed summary and explanation of EPA's review and rationale
for the proposed approval of this SIP revision as meeting the CAA
section 110(a)(2)(D)(i)(I) requirements for the 2006 PM10,
2008 lead, 2010 NO2, and 2011 CO NAAQS may be found in the
TSD.
[[Page 68099]]
III. Proposed Action
The EPA is proposing to approve New Jersey's infrastructure
submittal dated October 17, 2014, addressing interstate transport for
the 2006 PM10, 2008 lead, 2010 NO2, and 2011 CO
NAAQS as these portions meet the requirements in section
110(a)(2)(D)(i)(I) of the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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) 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 CAA; 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 proposed rulemaking action, pertaining to New
Jersey's section 110(a)(2) infrastructure requirements for the 2006
PM10, 2008 lead, 2010 NO2, and 2011 CO NAAQS 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 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Lead, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 25, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2019-26922 Filed 12-12-19; 8:45 am]
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