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Final Rule

Approval and Promulgation of State Implementation Plans; New Jersey; Elements of the 2008 and 2015 Ozone National Ambient Air Quality Standards

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What is this Federal Register notice?

This is a final rule published in the Federal Register by Environmental Protection Agency. Final rules have completed the public comment process and establish legally binding requirements.

Is this rule final?

Yes. This rule has been finalized. It has completed the notice-and-comment process required under the Administrative Procedure Act.

Who does this apply to?

Consult the full text of this document for specific applicability provisions. The affected parties depend on the regulatory scope defined within.

When does it take effect?

This document has been effective since October 4, 2024.

Why it matters: This final rule amends regulations in 40 CFR Part 52.

Document Details

Document Number2024-19581
TypeFinal Rule
PublishedSep 4, 2024
Effective DateOct 4, 2024
RIN-
Docket IDEPA-R02-OAR-2022-0647, FRL-12038-02-R2
Text FetchedYes

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Full Document Text (3,766 words · ~19 min read)

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<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R02-OAR-2022-0647, FRL-12038-02-R2]</DEPDOC> <SUBJECT>Approval and Promulgation of State Implementation Plans; New Jersey; Elements of the 2008 and 2015 Ozone National Ambient Air Quality Standards</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is approving the demonstration portions of the comprehensive State Implementation Plan (SIP) revision submitted by New Jersey that certify that the State has satisfied the requirements for an emission statement program, certify that the State has satisfied the requirements for an ozone nonattainment new source review program, certify that the State has satisfied the requirements for a nonattainment emission inventory, and certify that the State has satisfied the requirements for clean fuels for fleets. The EPA is approving New Jersey's reasonable further progress plans and associated motor vehicle emission budgets for both the Moderate and Serious classifications of the 2008 ozone NAAQS. These actions are being taken in accordance with the requirements of the Clean Air Act. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective on October 4, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this action under Docket ID Number EPA-R02-OAR-2022-0647 at <E T="03">https://www.regulations.gov.</E> All documents in the docket are listed on the <E T="03">https://www.regulations.gov</E> website. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> 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 <E T="03">https://www.regulations.gov.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Fausto Taveras, Environmental Protection Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3378, or by email at <E T="03">Taveras.Fausto@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document, whenever “we,” “us,” or “our” is used, we mean EPA. <HD SOURCE="HD1">Table of Contents:</HD> <EXTRACT> <FP SOURCE="FP-2">I. What is the background for this action?</FP> <FP SOURCE="FP-2">II. What comments were received in responses to the EPA's proposed action?</FP> <FP SOURCE="FP-2">III. What action is the EPA taking?</FP> <FP SOURCE="FP-2">IV. Environmental Justice Considerations</FP> <FP SOURCE="FP-2">V. Statutory and Executive Order Reviews</FP> </EXTRACT> <HD SOURCE="HD1">I. What is the background for this action?</HD> On July 10, 2024, the EPA proposed to approve State Implementation Plan (SIP) revisions submitted by the State of New Jersey on November 23, 2021, for purposes of addressing planning elements for the 2008 and 2015 ozone 8-hour National Ambient Air Quality Standard (NAAQS) for the New Jersey portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT) nonattainment area (also referred to as the New York Metro Area or NYMA) and the New Jersey portion of the Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) nonattainment area (also referred to as the Philadelphia area) (the Proposal). <E T="03">See</E> 89 FR 56683. In the Proposal, the EPA proposed to approve New Jersey's reasonable further progress plan and motor vehicle emission budgets for New Jersey's portion of the NYMA for the 2008 ozone Serious classification, New Jersey's certification that the State has satisfied the requirements for an ozone nonattainment new source review (NNSR) program for the 2015 ozone NAAQS in both nonattainment areas and statewide pursuant to requirements for States located in the Ozone Transport Region (OTR), New Jersey's certification that the statewide NNSR also satisfies the requirements for the State's Serious classification in the NYMA area for the 2008 Ozone NAAQS, New Jersey's certification that the State has satisfied the requirements for a nonattainment emission inventory for the 2015 ozone NAAQS in both nonattainment areas, New Jersey's certification that the State has satisfied the requirements of an emission statement program for the 2008 ozone Serious classification for the NYMA nonattainment area, and New Jersey's certification that the State has satisfied the requirements for clean fuels for fleet for the NYMA. In the Proposal, the EPA also proposed to approve portions of a comprehensive SIP revisions submitted by the State on New Jersey on January 2, 2018. And the EPA proposed to approve New Jersey's reasonable further progress plan and motor vehicle emission budgets for the 2008 ozone Moderate classification of the State's portion of the NYMA. Planning elements addressed in this final action from New Jersey's comprehensive January 2, 2018, and November 23, 2021, SIP submissions along with the respective ozone NAAQS classification and nonattainment areas are outlined in Table 1. 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 Proposal. <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s50,r50,r75,xs80"> <TTITLE>Table 1—SIP Elements That the EPA Is Approving That Are Addressed in New Jersey's Comprehensive SIP Revision Submitted on January 2, 2018, and November 23, 2021</TTITLE> <CHED H="1">Ozone NAAQS & classification</CHED> <CHED H="1">SIP element</CHED> <CHED H="1">Nonattainment areas</CHED> <CHED H="1">SIP submission date</CHED> <ROW> <ENT I="01">2008 Ozone NAAQS—Moderate Classification</ENT> <ENT>Reasonable Further Progress plan and Motor Vehicle Emission Budgets</ENT> <ENT>New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT> <ENT>January 2, 2018</ENT> </ROW> <ROW> <ENT I="01">2008 Ozone NAAQS—Serious Classification</ENT> <ENT>Reasonable Further Progress plan and Motor Vehicle Emission Budgets</ENT> <ENT>New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT> <ENT>November 23, 2021</ENT> </ROW> <ROW> <ENT I="01">2008 Ozone NAAQS—Serious Classifications</ENT> <ENT>New Source Review Program (NNSR) certification</ENT> <ENT>New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT> <ENT>November 23, 2021</ENT> </ROW> <ROW> <ENT I="01">2008 Ozone NAAQS—Serious Classification</ENT> <ENT>Certification of the State's Emission Statement Program</ENT> <ENT>New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT> <ENT>November 23, 2021</ENT> </ROW> <ROW> <ENT I="01">2008 Ozone NAAQS—Serious Classification</ENT> <ENT>Clean Fuels for Fleets</ENT> <ENT>New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT> <ENT>November 23, 2021</ENT> </ROW> <ROW> <ENT I="01">2015 Ozone NAAQS—Marginal & Moderate Classifications</ENT> <ENT>New Source Review Program (NNSR)</ENT> <ENT>New Jersey's portion of the Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) & New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT> <ENT>November 23, 2021</ENT> </ROW> <ROW> <ENT I="01">2015 Ozone NAAQS—OTR</ENT> <ENT>New Source Review Program (NNSR)</ENT> <ENT>Statewide</ENT> <ENT>November 23, 2021</ENT> </ROW> <ROW> <ENT I="01">2015 Ozone NAAQS—Marginal & Moderate Classifications</ENT> <ENT>Nonattainment emission inventory under CAA section 182(a)(1)</ENT> <ENT>New Jersey's portion of the Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) & New Jersey's portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)</ENT> <ENT>November 23, 2021</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">II. What comments were received in response to the EPA's proposed action?</HD> In response to the Proposal, the EPA received no comments during the 30-day public comment period. As a result, no changes have been made to this final rule. <HD SOURCE="HD1">III. What action is the EPA taking?</HD> In this rule, the EPA is approving portions of a comprehensive SIP revision submitted by the State of New Jersey on November 23, 2021, certifying that the State has satisfied the requirements for an ozone NNSR program for the Serious classification of the 2008 Ozone NAAQS, both Marginal and Moderate classifications and OTR requirements for the 2015 Ozone NAAQS, certifying that the State has satisfied the requirements for a nonattainment emission inventory for the 2015 Ozone NAAQS, certifying that the State has satisfied the requirements of an emission statement program for the 2008 Ozone Serious classification for the NYMA, and certifying that the State has satisfied the requirements for clean fuels for fleets for the 2008 Ozone NAAQS Serious classification for its portion of the NYMA. The EPA is also approving New Jersey's reasonable further progress plans for both the Moderate and Serious classifications of the 2008 Ozone NAAQS in the NYMA. In this rulemaking, the EPA is finalizing approval of New Jersey's 2017 motor vehicle emissions budgets established for the New Jersey portion of the NY-NJ-CT nonattainment area in the State's comprehensive January 2, 2018, SIP submittal. The EPA is approving these budgets because the EPA has completed its review of the State's overall 2008 Moderate RFP plan which demonstrates the required VOC/NOx emission reduction from the 2011 baseline year under CAA sect ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 28k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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