Air Plan Approval; New Jersey; Update to Materials Incorporated by Reference

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R02-OAR-2024-0256; FRL-12021-01-R2]</DEPDOC> <SUBJECT>Air Plan Approval; New Jersey; Update to Materials Incorporated by Reference</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule; administrative change. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is updating the regulatory materials incorporated by reference into the New Jersey State Implementation Plan (SIP). The regulations affected by this action have been previously submitted by the New Jersey Department of Environmental Protection (NJDEP) and approved by the EPA in prior rulemakings. The EPA is also notifying the public of corrections to the Code of Federal Regulations (CFR) tables that identify material incorporated by reference into the New Jersey SIP. This update affects the materials that are available for public inspection at the EPA Regional Office. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This action is effective July 16, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> SIP materials whose incorporated by reference into 40 CFR part 52 is finalized through this action are available for inspection at the following locations: online at <E T="03">https://www.regulations.gov</E> in the docket for this action, by appointment at the Environmental Protection Agency, Region 2, 290 Broadway, New York, New York 10007-1866. For information on the availability of this material at the EPA Regional Office, please contact the person in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section of this document. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Linda Longo, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007-1866, telephone number: (212) 637-3565, email address: <E T="03">longo.linda@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to the EPA. Once these control measures and strategies are approved by the EPA, and after notice and comment, they are incorporated into the federally approved SIP and are identified in part 55, “Approval and Promulgation of Implementation Plans,” Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by the EPA is not reproduced in its entirety in 40 CFR part 52 but is “incorporated by reference.” This means that EPA has approved a given state regulation or specified changes to a given regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in each SIP. The information provided allows the EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the NAAQS and to take enforcement action for violations of the SIP. The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, the EPA from time to time must take action on proposed revisions containing new and/or revised regulations. A submission from a state can revise one or more rules in their entirety or portions of rules. The state indicates the changes in the submission (such as by using redline/strikethrough text) and the EPA then takes action on the requested changes. The EPA establishes a docket for its actions using a unique Docket Identification Number, which is listed in each action. These dockets and the complete submission are available for viewing on <E T="03">https://www.regulations.gov.</E> On May 22, 1997 (62 FR 27968), the EPA revised the procedures for incorporating by reference, into the CFR, materials approved by the EPA into each state SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing the EPA approval of revisions to a SIP, and streamlined the mechanisms for the EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for the EPA to maintain “SIP Compilations” that contain the federally approved regulations and source-specific permits submitted by each state agency. The EPA generally updates these SIP Compilations on an annual basis. Under the revised procedures, the EPA must periodically publish an informational document in the rules section of the <E T="04">Federal Register</E> notifying the public that updates have been made to a SIP Compilation for a particular state. The EPA began applying the 1997 revised procedures to New Jersey on July 3, 2017, and is providing this notice in accordance with such procedures. <E T="03">See</E> 82 FR 30758 (July 3, 2017). <HD SOURCE="HD1">II. EPA Action</HD> In this action, the EPA is providing notice of an update to the materials incorporated by reference into the New Jersey SIP as of March 31, 2025, and identified in 40 CFR 52.1570(c) and (d). This update includes SIP materials approved by the EPA since the last IBR update. <E T="03">See,</E> 82 FR 30758 (July 3, 2017). The EPA is providing notice of the following corrections to 40 CFR 52.1570(c) and (d): <HD SOURCE="HD2">Changes Applicable to Paragraph (c), EPA-Approved New Jersey State Regulations and Laws</HD> A. Revising the following: <FP SOURCE="FP-1">(a) Title 7, Chapter 27, Subchapter 7, Sulfur</FP> <FP SOURCE="FP-1">(b) Title 7, Chapter 27, Subchapter 7.2(k), Commercial fuel exemption</FP> <FP SOURCE="FP-1">(c) Title 7, Chapter 27, Subchapter 8, Permits and Certificates for minor facilities (and major facilities without an operating permit)</FP> <FP SOURCE="FP-1">(d) Title 7, Chapter 27, Subchapter 12, Prevention and Control of Air Pollution Emergencies</FP> <FP SOURCE="FP-1">(e) Title 7, Chapter 27, Subchapter 14, section 14.1, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles/Definitions</FP> <FP SOURCE="FP-1">(f) Title 7, Chapter 27, Subchapter 14, section 14.2, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles/Applicability</FP> <FP SOURCE="FP-1">(g) Title 7, Chapter 27, Subchapter 14, section 14.3, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles/General prohibitions</FP> <FP SOURCE="FP-1">(h) Title 7, Chapter 27, Subchapter 14, section 14.4, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles/General public highway standards</FP> <FP SOURCE="FP-1">(i) Title 7, Chapter 27, Subchapter 14, section 14.5, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles/Motor vehicle inspections</FP> <FP SOURCE="FP-1">(j) Title 7, Chapter 27, Subchapter 14, section 14.6, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles/Motor vehicle standards</FP> <FP SOURCE="FP-1">(k) Title 7, Chapter 27, Subchapter 14, section 14.7, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles/Licensed emissions inspectors</FP> <FP SOURCE="FP-1">(l) Title 7, Chapter 27, Subchapter 14, section 14.10, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles/Penalties</FP> <FP SOURCE="FP-1">(m) Title 7, Chapter 27, Subchapter 14, appendix, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles/appendix</FP> <FP SOURCE="FP-1">(n) Title 7, Chapter 27, Subchapter 15, Control and Prohibition of Air Pollution from Gasoline-Fueled Motor Vehicles/Definition</FP> <FP SOURCE="FP-1">(o) Title 7, Chapter 27, Subchapter 16, Control and Prohibition of Air Pollution by Volatile Organic Compounds</FP> <FP SOURCE="FP-1">(p) Title 7, Chapter 27, Subchapter 17, Control and Prohibition of Air Pollution by Toxic Substances</FP> <FP SOURCE="FP-1">(q) Title 7, Chapter 27, Subchapter 18, Control and Prohibition of Air Pollution from New or Altered Sources Affecting Ambient Air Quality (Emission Offset Rules)</FP> <FP SOURCE="FP-1">(r) Title 7, Chapter 27, Subchapter 19 Control and Prohibition of Air Pollution from Oxides of Nitrogen</FP> <FP SOURCE="FP-1">(s) Title 7, Chapter 27, Subchapter 21, Emission Statements</FP> <FP SOURCE="FP-1">(t) Title 7, Chapter 27A, Subchapter 3, section 3.10, Civil Administrative Penalties for Violations of Rules Adopted Pursuant to the Act</FP> <FP SOURCE="FP-1">(u) Title 7, Chapter 27B, Subchapter 4, sections 4.1-4.3 and sections 4.6-4.8, Air Test Method 4: Testing Procedures for Diesel-Powered Motor Vehicles</FP> <FP SOURCE="FP-1">(v) Title 7, Chapter 27B, Subchapter 5, Air Test Method 5: Testing Procedures for Gasoline-Fueled Motor Vehicles</FP> <FP SOURCE="FP-1">(w) Title 13, Chapter 20, Subchapters 7.1-7.6, Vehicle Inspections</FP> <FP SOURCE="FP-1">(x) Title 13, Chapter 20, Subchapter 26, sections 26.2 and 26.11-12 and 26.16-17, Compliance with Diesel Emission Standards and Equipment, Periodic Inspection Program for Diesel Emissions, and Self-Inspection of Certain Classes of Motor Vehicles</FP> <FP SOURCE="FP-1">(y) Title 13, Chapter 20, Subchapter 32, Inspection Standards and Test Procedures to be Used by Official Inspection Facilities</FP> <FP SOURCE="FP-1">(z) Title 13, Chapter 20, Subchapter 33, Inspection Standards and Test Procedures to be Used by Licensed Private Inspection Facilitie ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 49k characters. 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