[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Proposed Rules]
[Pages 54396-54398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14268]
[[Page 54396]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2023-0468; FRL-12057-01-R2]
Air Plan Approval; New Jersey; Interstate Transport Requirements
for the 2010 1-Hour Sulfur Dioxide Standard
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 a State Implementation Plan (SIP) submittal
from the State of New Jersey demonstrating that the State satisfies the
infrastructure requirements of the Clean Air Act (CAA) addressing
interstate transport of pollution with respect to the 2010 1-hour
Sulfur Dioxide (SO2) primary National Ambient Air Quality
Standard (NAAQS). This action is being taken in accordance with the
requirements of the CAA.
DATES: Written comments must be received on or before July 31, 2024.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2023-0468 at https://www.regulations.gov. 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 https://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 (CBI) 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 https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Robert Rutherford, Environmental
Protection Agency, Air Programs Branch, Region 2, 290 Broadway, New
York, New York 10007-1866, at (212) 637-3712, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Summary of the SIP Revision and the EPA's Analysis
III. Environmental Justice Considerations
IV. The EPA's Proposed Action
V. Statutory and Executive Order Reviews
I. Background
On June 2, 2010, the EPA signed a revised primary NAAQS for
SO2 at a level of 75 parts per billion (ppb), based on a 3-
year average of the annual 99th percentile of daily maximum 1-hour
concentrations (hereafter ``the 2010 1-hour SO2 NAAQS'').\1\
At the same time, the EPA also revoked the previous 24-hour and annual
primary SO2 standards. The previous SO2 air
quality standards were set in 1971, including a 24-hour average primary
standard at 140 ppb and an annual average primary standard at 30 ppb.
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\1\ See 75 FR 35520 (June 22, 2010). See 40 CFR 50.11.
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Current scientific evidence links short-term exposures to
SO2, ranging from five minutes to 24 hours, with an array of
adverse respiratory effects including bronchoconstriction and increased
asthma symptoms. These effects are particularly important for
asthmatics at elevated ventilation rates (e.g., while exercising or
playing). Studies also show a connection between short-term exposure
and increased visits to emergency departments and hospital admissions
for respiratory illnesses, particularly in at-risk populations
including children, the elderly, and asthmatics.
Pursuant to section 110(a)(1) of the CAA, States are required to
submit SIPs to meet the applicable requirements of section 110(a)(2)
within three years after promulgation of a new or revised NAAQS or
within such shorter period as EPA may prescribe. The EPA has
historically referred to these SIPs as ``infrastructure SIPs.'' Section
110(a)(2) requires States to address basic SIP elements in their
infrastructure SIPs to assure attainment and maintenance of the NAAQS--
such as requirements for monitoring, basic program requirements, and
legal authority. Section 110(a) imposes the obligation upon States to
make a SIP submission to the EPA for a new or revised NAAQS, but the
contents of that submission may vary depending upon the facts and
circumstances of each NAAQS and what is in each State's existing SIP.
In particular, the data and analytical tools available at the time the
State develops and submits the SIP revision for a new or revised NAAQS
affect the content of the submission.
Section 110(a)(2)(D)(i)(I) of the CAA requires a State's SIP to
include adequate provisions prohibiting any emissions activity in the
State that contributes significantly to nonattainment, or interferes
with maintenance, of the NAAQS in any other 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.
II. Summary of the SIP Revision and the EPA's Analysis
On October 17, 2014, the New Jersey Department of Environmental
Protection (NJDEP) submitted 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, 2006 PM10, 2011 CO, and
2012 PM2.5 NAAQS.
The EPA finalized actions on all applicable section 110(a)(2)
elements of the October 17, 2014 submittal with the exception of
110(a)(2)(D)(i)(I) for the 2010 1-hour SO2 NAAQS.\2\ Further
information regarding those actions can be found in the Technical
Support Document (TSD) for this action, which is included in the docket
for this rulemaking.
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\2\ See 81 FR 64070 (September 19, 2016), 83 FR 24661 (May 30,
2018), 83 FR 40151 (August 14, 2018), and 85 FR 28883 (May 14,
2020).
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This proposed rulemaking action is addressing the portions of New
Jersey's infrastructure submittal for the 2010 1-hour SO2
NAAQS that pertain to the ``good neighbor'' provision of the CAA.
In their SIP submission to the EPA, NJDEP discussed how they have
addressed the interstate transport requirements of CAA
110(a)(2)(D)(i)(I) through their state-adopted rules and enforceable
consent decrees, which control sources that impact air quality in
neighboring States. NJDEP emphasized that their rules do not hinder
other States' air quality standards, and their emissions regulations
are stricter than Federal and nearby State rules. New Jersey
[[Page 54397]]
highlighted its existing SIP-approved regulations and other federally
enforceable control measures, including power plant consent decrees and
low sulfur fuel requirements for distillate and residual fuels
(N.J.A.C. 7:27-9) that have reduced SO2 emissions that may
be transported to other States.
For the reasons explained in the accompanying TSD in the docket,
EPA proposes to determine that New Jersey's SIP is adequate to prevent
sources in New Jersey from significantly contributing to nonattainment
or interfering with maintenance in another State with respect to the
2010 1-hour SO2 NAAQS. This determination is based on a
weight of evidence analysis that takes into account the following
considerations: SO2 emissions statewide have declined
significantly from 2014 to 2022; the absence of nearby SO2
nonattainment areas in neighboring States or uncharacterized air
quality near New Jersey point sources; SO2 ambient air
quality data far below the SO2 NAAQS and exhibiting downward
trends or remaining stable; EPA's impact assessment that shows that New
Jersey sources within 50 kilometers of New Jersey's borders are
unlikely to significantly contribute to nonattainment or interfere with
maintenance in any nearby States based on emission trends, wind
patterns, air monitoring, and modeling data; and New Jersey's existing
control measures, which ensure that SO2 emissions will
continue to be effectively controlled for existing and new sources or
modifications.
A detailed summary of EPA's review and rationale for the proposed
approval of this SIP revision as meeting CAA section 110(a)(2)(D)(i)(I)
for the 2010 1-hour SO2 may be found in the TSD.
III. Environmental Justice Considerations
New Jersey provided a supplement to the SIP submission being
proposed for approval with this rulemaking on May 16, 2023. The
supplemental submission briefed the EPA on Environmental Justice (EJ)
considerations within New Jersey by detailing the State's programs and
initiatives addressing the needs of communities with EJ concerns that
have been ongoing since 1998. Although New Jersey included
environmental justice considerations as part of its SIP submittal, the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation.
In its supplement, New Jersey discussed how the State has been
addressing the needs of communities with EJ concerns since 1998,
including assisting in the creation of the Environmental Equity Task
Force, which later evolved into the Environmental Justice Advisory
Council (EJAC). EJAC and its predecessor have held regular meetings
that include EJ advocates and the New Jersey Department of
Environmental Protection (NJDEP) to discuss and address issues of
concern.
New Jersey has also noted that the State has implemented numerous
initiatives, collaborations, Administrative Orders and Executive Orders
to address the needs and concerns of overburdened communities. New
Jersey provided a timeline of the EJ actions implemented by the State,
both prior to the SIP submittal on October 17, 2014, and subsequent to
it, to note its continued attention to environmental justice in the
state.
New Jersey's Administrative Orders (AO) and Executive Orders (E.O.)
include the State's first EJ E.O. issued by Governor James E. McGreevey
in 2004 (E.O. No. 96), an EJ E.O. issued by Governor Jon Corzine in
2009 (E.O. No. 131), an EJ AO issued by NJDEP Commissioner Bob Martin
in 2016 (AO 2016-08) and an EJ E.O. issued by Governor Phil Murphy in
2018 (E.O. No. 23). Notably, U.S. Senator for New Jersey, Cory Booker,
introduced the first Federal EJ bill in 2017 (S.1996--Environmental
Justice Act of 2017).
Additionally, New Jersey also created the ``What's In My
Community?'' \3\ tool, a GIS-mapping web application that allows a user
to see the air permits issued in their community. The tool also
identifies overburdened communities, schools, hospitals, and emergency
services. The public users can also see measurements from air monitors
and generate a report when using the tool.
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\3\ Access the mapping application for locating facilities with
an air permit registered with NJDEP's Division of Air Quality from
their website at https://njdep.maps.arcgis.com/app4s/webappviewer/index.html?id=76194937cbbe46b1ab9a9ec37c7d709b.
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The EPA has reviewed this material but has determined that
conducting a comprehensive EJ analysis is not necessary in the context
of this SIP submission for interstate transport for the 2010 1-hour
SO2 NAAQS, as the CAA and its applicable implementing
regulations neither prohibit nor require such an evaluation of EJ in
relation to the relevant requirements. Additionally, there is no
evidence suggesting that this action contradicts the goals of E.O.
12898 or that it will disproportionately harm any specific group or
have severe health or environmental impacts.
However, the EPA expects that this action, which assesses whether
New Jersey's SIP adequately addresses the interstate transport of air
pollution that affects downwind States' ability to attain and maintain
the 2010 1-hour SO2 NAAQS, will generally have a neutral
impact on all populations, including communities of color and low-
income groups. At the very least, it will not worsen existing air
quality standards.
In summary, the EPA concludes, for informational purposes only,
that this proposed rule will not disproportionately harm communities
with environmental justice concerns. New Jersey did evaluate EJ
considerations voluntarily in its SIP submission, but the EPA's
assessment of these considerations is provided for context, not as the
basis for the action. The EPA is taking action under the CAA
independently of the State's EJ assessment.
IV. The EPA's Proposed Action
The EPA is proposing to approve the portions of New Jersey's SIP
submittal addressing interstate transport for the 2010 1-hour
SO2 NAAQS as meeting the requirements in section
110(a)(2)(D)(i)(I) of the CAA. The EPA is soliciting public comment on
the issues discussed in this document. These comments will be
considered before taking final action.
V. 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 approves 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 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);
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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 proposing 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 rulemaking does not have Tribal implications and it
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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February16, 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 environmental justice 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 environmental justice considerations is described above in the
section titled, ``Environmental Justice Considerations.'' 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 environmental justice. 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Sulfur dioxide, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024-14268 Filed 6-28-24; 8:45 am]
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