Approval of Air Quality Implementation Plans; New Jersey, 2011 Periodic Emission Inventory SIP for the Ozone Nonattainment and PM2.5/Regional Haze Areas

Federal RegisterApr 10, 2017

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2017-0044; FRL-9961-00-Region 2]

Approval of Air Quality Implementation Plans; New Jersey, 2011 Periodic Emission Inventory SIP for the Ozone Nonattainment and PM

2.5

/Regional Haze Areas

AGENCY:

Environmental Protection Agency.

ACTION:

Proposed rule.

SUMMARY:

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the New Jersey Department of Environmental Protection. The SIP revision consists of the following: 2011 calendar year ozone precursor emission inventories for volatile organic compounds, oxides of nitrogen and carbon monoxide for the Northern New Jersey-New York-Connecticut area classified as Moderate ozone nonattainment for the 2008 8-hour ozone standard, and Southern New Jersey-Philadelphia ozone nonattainment area classified as Marginal ozone nonattainment for the 2008 8-hour ozone standard. In addition, the SIP revision also consists of the 2011 calendar year statewide periodic emissions inventory for particulate matter with an aerodynamic diameter less than or equal to 2.5 microns (PM

2.5

) and the associated PM

2.5

and/or Regional Haze precursors. The pollutants included in this inventory include volatile organic compounds, oxides of nitrogen, PM

2.5

, particulate matter with an aerodynamic diameter less than or equal to 10 microns, ammonia and sulfur dioxide.

Emission inventories are needed to develop and assess new control strategies that the states may use in attainment demonstration SIPs for the new National Ambient Air Quality Standards for ozone and PM

2.5

. The inventory may also serve as part of statewide inventories for purposes of regional modeling in ozone and Regional Haze transport areas. The inventory plays an important role in modeling demonstrations for areas classified as nonattainment for ozone, carbon monoxide and PM

2.5

.

DATES:

Comments must be received on or before May 10, 2017.

ADDRESSES:

Submit your comments, identified by Docket ID Number EPA-R02-OAR-2017-0044, at

http://www.regulations.gov.

Follow the on-line 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

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT:

Raymond Forde

forde.raymond@epa.gov

for general, point and nonpoint or area source inventory questions, and Matthew Laurita

laurita.matthew@epa.gov

for mobile source inventory related questions at the U.S. Environmental Protection Agency, Air Programs Branch, 290 Broadway, 25th Floor, New York, NY 10007-1866, telephone number (212) 637-4249, fax number (212) 637-3901.

SUPPLEMENTARY INFORMATION:

Throughout this document whenever “we,” “us,” or “our” is used, we mean the EPA.

Table of Contents

I. Background—What is the Periodic Emissions Inventory?

II. What are the criteria for approving the Periodic Inventory?

III. What action is the EPA proposing to take?

IV. Statutory and Executive Order Reviews

I. Background—What is the Periodic Emissions Inventory?

Section 182(a)(3) and 172(c)(3) of the Clean Air Act requires the periodic submission of emissions inventories for the SIP planning process to address the pollutants for the ozone, particulate matter with an aerodynamic diameter less than or equal to 2.5 microns (PM

2.5

) and carbon monoxide (CO) National Ambient Air Quality Standards. Identifying the calendar year gives certainty to states that require submission of the ozone, PM

2.5

and CO emission inventories periodically. These requirements allow the EPA, based on the states' progress in reducing emissions, to periodically reassess its policies and air quality standards and revise them as necessary. Most important, the ozone, PM

2.5

and CO inventories will be used to develop and assess new control strategies that the states may use in attainment demonstration SIPs for the new National Ambient Air Quality Standards for ozone and PM

2.5

. The inventory may also serve as part of statewide inventories for purposes of regional modeling in transport areas. The inventory plays an important role in modeling demonstrations for areas classified as nonattainment and outside transport regions. In addition, 40 CFR 51.308(d)(4)(v) of EPA's Regional Haze Rule (RHR) requires the establishment of a statewide emissions inventory of pollutants that are reasonably anticipated to cause or contribute to visibility impairment in any mandatory Class I area.

New Jersey has areas that are classified as nonattainment for the 2008 8-hour ozone standard. See 77 FR 30088 (May 21, 2012) for the Southern New Jersey-Philadelphia area classified as Marginal ozone nonattainment, and 81 FR 26697 (May 4, 2016) for the Northern New Jersey-New York-Connecticut area classified as Moderate ozone nonattainment. Therefore, an ozone emissions inventory is needed for these areas for air quality program planning purposes. For Regional Haze, New Jersey has a Class I area within its borders: Brigantine Wilderness Area (Brigantine). Emissions from New Jersey's sources were also found to impact visibility at several other Class I areas: Acadia National Park and the Moosehorn Wilderness Area in Maine, the Great Gulf Wilderness Area and Presidential Range/Dry River Wilderness Area in New Hampshire, and the Lye Brook Wilderness Area in Vermont. See 76 FR 49711 (August 11, 2011). Therefore, an emissions inventory is needed for the Regional Haze air quality planning program effort.

The pollutants inventoried by New Jersey include volatile organic compounds (VOC), oxides of nitrogen (NO

X

) and CO summertime daily and annual emissions for the ozone areas; and VOC, NO

X

, PM

2.5

, particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM

10

), ammonia (NH

3

) and sulfur dioxide (SO

2

) annual emissions for the PM

2.5

and/or Regional Haze areas. For the reasons stated above, ideally EPA would therefore emphasize the importance and benefits of developing a comprehensive, current, and accurate ozone and PM

2.5

/Regional Haze emissions inventory (similar to the 1990 base year inventory effort). In this case, the 2011 calendar year has been selected as the inventory that will be used for planning purposes for ozone and PM

2.5

/Regional Haze areas.

II. What are the criteria for approving the Periodic Inventory?

On June 11, 2015, New Jersey submitted the 2011 ozone emissions inventory for the Northern New Jersey-New York-Connecticut and Southern New Jersey-Philadelphia ozone nonattainment areas and the 2011 emissions inventory for the PM

2.5

/Regional Haze areas and requested that EPA approve the emissions inventory SIP revision. This section describes EPA's rationale for proposing to approve the emissions inventory SIP revision. A more detailed discussion of the EPA's review and proposed action is found in the technical support document (TSD) available in the Docket for this action, and by contacting the individuals in the

For Further Information Contact

section.

There are specific components of an acceptable emission inventory. The emission inventory must meet certain minimum requirements for reporting each source category. Specifically, the source requirements are detailed below.

The review process, which is described in the accompanying TSD, is used to determine that all components of the base year inventory are present. This review also evaluates the level of supporting documentation provided by the state, assesses whether the emissions were developed according to current EPA guidance, and evaluates the quality of the data.

The review process is outlined here and consists of eight elements that the inventory must include. For an emissions inventory to be acceptable, it

must pass all of the following acceptance criteria:

1. Evidence that the inventory was quality assured by the state and its implementation documented;

2. The point source inventory was complete;

3. Point source emissions were prepared or calculated according to the current EPA guidance;

4. The area source inventory was complete;

5. The area source emissions were prepared or calculated according to the current EPA guidance;

6. Non-road mobile emissions were prepared according to the current EPA guidance for all of the source categories;

7. The method (

e.g.,

Highway Performance Monitoring System or a network transportation planning model) used to develop vehicle miles travelled (VMT) estimates follows the EPA guidance; and,

8. On-road mobile emissions were prepared according to the current EPA guidance.

Based on the EPA's review, New Jersey satisfies all of the EPA's requirements for purposes of providing a comprehensive, accurate, and current inventory of actual emissions for the ozone nonattainment and PM

2.5

/Regional Haze areas. A summary of the EPA's review is given below:

1. The Quality Assurance (QA) plan was implemented for all portions of the inventory. The QA plan included a QA/Quality control (QC) program for assessing data completeness and standard range checking. Critical data elements relative to the inventory sources were assessed for completeness. QA checks were performed relative to data collection and analysis, and double counting of emissions from point, area and mobile sources. QA/QC checks were conducted to ensure accuracy of units, unit conversions, transposition of figures, and calculations. The inventory is well documented. New Jersey provided documentation detailing the methods used to develop emissions estimates for each category. In addition, New Jersey identified the sources of data used in developing the inventory;

2. The point source emissions are complete and in accordance with the EPA guidance;

3. The point source emissions were prepared/calculated in accordance with the EPA guidance;

4. The area source emissions are complete and in accordance with the EPA guidance;

5. Area source emissions were prepared/calculated in accordance with the EPA guidance;

6. Emission estimates for the non-road mobile source categories are correctly based on the latest non-road mobile model or other appropriate guidance and prepared in accordance with the EPA guidance;

7. The method used to develop VMT estimates is in accordance with the EPA guidance and was adequately described and documented in the inventory report; and,

8. The latest Motor Vehicle Emission Simulator (MOVES) model was used in accordance with the EPA's guidance.

New Jersey's 2011 ozone and PM

2.5

/Regional Haze emission inventories have been developed in accordance with EPA guidance. Therefore, EPA is proposing to approve the emission inventories. A more detailed discussion of how the emission inventory was reviewed and the results of the review are presented in the TSD. Detailed emission inventory development procedures can be found in the following document:

Emission Inventory Guidance for Implementation of Ozone and Particulate Matter NAAQS and Regional Haze Regulation,

dated August 2005;

Using MOVES to Prepare Emission Inventories in State Implementation Plans and Transportation Conformity: Technical Guidance for MOVES2010, 2010a and 2010b,

April 2012.

Tables A-H below show the 2011 VOC, NO

X

and CO summertime daily and annual emission inventories for the ozone nonattainment areas. Tables F, G and I-L, show the VOC, NO

X

, PM

2.5

, PM

10

, SO

2

, and NH

3

annual emissions for the PM

2.5

/Regional Haze areas.

Table A—New Jersey Portion of the Northern New Jersey Ozone Nonattainment Area

County

VOC

tons per summer day

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Bergen

1.46

25.45

11.17

14.41

52.49

Essex

2.65

21.95

6.48

6.43

37.51

Hudson

3.11

15.87

3.82

3.96

26.76

Hunterdon

0.16

4.37

2.04

3.09

9.66

Middlesex

16.86

25.45

9.03

9.19

60.53

Monmouth

0.43

19.33

7.79

9.6

37.15

Morris

0.58

15.94

6.22

9.08

31.82

Passaic

0.9

14.55

4.71

5.07

25.23

Somerset

0.96

10.52

3.87

6.21

21.56

Sussex

0.14

4.52

1.93

4.07

10.66

Union

3.7

17.15

5.99

5.96

32.8

Warren

0.41

4.04

1.6

2.32

8.37

Total in Northern NAA Area

31.36

179.14

64.65

79.39

354.54

Table B—New Jersey Portion of the Northern New Jersey Ozone Nonattainment Area

County

NO

X

tons per summer day

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Bergen

3.64

3.48

27.43

14.54

49.09

Essex

12.07

2.81

15.74

15.28

45.9

Hudson

16.98

2.07

8.4

14.29

41.74

Hunterdon

6.23

0.49

7

3.52

17.24

Middlesex

19.08

3.03

23.95

12.65

58.71

Monmouth

0.58

2.15

14.64

11.54

28.91

Morris

0.98

2.2

15.86

7.27

26.31

Passaic

0.27

1.62

9.55

4.89

16.33

Somerset

1.45

1.36

10.8

5.85

19.46

Sussex

0.15

0.54

3.12

2.19

6

Union

9.01

1.91

16.01

11.77

38.7

Warren

1.78

0.41

6.09

1.56

9.84

Total in Northern NAA Area

72.22

22.07

158.59

105.35

358.23

Table C—New Jersey Portion of the Northern New Jersey Ozone Nonattainment Area

County

VOC

tons per summer day

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Atlantic

0.16

9.12

3.73

8.04

21.05

Burlington

0.92

14.32

6.52

7.48

29.24

Camden

0.74

14.27

6.53

5.12

26.66

Cape May

0.26

3.71

1.5

10.4

15.87

Cumberland

0.33

7.29

1.68

2.9

12.2

Gloucester

4.29

16.12

3.86

4.54

28.81

Mercer

0.54

11.32

5.06

4.54

21.46

Ocean

0.31

15.9

6.46

14.29

36.96

Salem

0.78

3.09

1.13

1.84

6.84

Total in Southern NAA Area

8.33

95.14

36.47

59.15

199.09

Table D—New Jersey Portion of the Northern New Jersey Ozone Nonattainment Area

County

NO

X

tons per summer day

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Atlantic

0.95

1.05

14.2

5.91

22.11

Burlington

8.92

1.79

17.78

8.79

37.28

Camden

1.53

1.79

16.89

6.84

27.05

Cape May

13.77

0.37

5.66

5.88

25.68

Cumberland

4.57

0.57

5.07

4.4

14.61

Gloucester

6.83

0.93

10.57

7.21

25.54

Mercer

6.49

1.64

14.2

5.62

27.95

Ocean

3.15

1.59

11.41

8.62

24.77

Salem

10.36

0.25

5.89

1.61

18.11

Total in Southern NAA Area

56.57

9.98

101.67

54.88

223.1

Table E—2011 New Jersey Statewide Emissions Inventory by County and Source Sector

County

CO

tons per year

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Atlantic

0.92

1.91

47.16

47.81

97.80

Bergen

1.49

3.47

128.03

198.37

331.36

Burlington

2.67

6.88

68.9

79.73

158.18

Camden

0.47

3.17

64.63

62.04

130.31

Cape May

1.14

0.66

18.15

45.18

65.13

Cumberland

2.25

1.42

15.97

20.16

39.80

Essex

12.05

2.96

70.99

84.87

170.87

Gloucester

2.14

1.34

41.11

51.26

95.85

Hudson

6.64

2.21

38.46

41.16

88.47

Hunterdon

2.18

1

22.08

37.27

62.53

Mercer

1.22

2.2

52.97

58.14

114.53

Middlesex

22.29

3.59

108.77

132.73

267.38

Monmouth

0.8

2.45

83.9

114.31

201.46

Morris

0.42

2.28

72.86

121.29

196.85

Ocean

2.48

3.95

63.68

88.62

158.73

Passaic

0.17

1.74

52.36

62.2

116.47

Salem

3.08

0.6

15.16

11.73

30.57

Somerset

0.79

1.46

42.25

90.37

134.87

Sussex

0.4

0.85

17.85

28.7

47.80

Union

2.85

2.05

67.43

81.39

153.72

Warren

0.74

1.04

16.55

19.42

37.75

Total in State

67.20

47.23

1,109.26

1476.75

2,700.44

Table F—2011 New Jersey Statewide Emissions Inventory by County and Source Sector

County

VOC

tons per year

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Atlantic

58

3,437

1,278

2,472

7,245

Bergen

321

8,408

4,512

4,209

17,450

Burlington

226

4,995

2,382

2,174

9,777

Camden

218

5,134

2,349

1,484

9,185

Cape May

16

1,397

505

3,142

5,060

Cumberland

64

2,627

621

928

4,240

Essex

483

7,341

2,686

1,982

12,492

Gloucester

1,008

5,261

1,424

1,308

9,001

Hudson

722

5,504

1,585

1,244

9,055

Hunterdon

31

1,463

854

876

3,224

Mercer

126

4,343

1,877

1,286

7,632

Middlesex

1,891

8,539

3,711

2,617

16,758

Monmouth

117

6,442

3,241

2,790

12,590

Morris

133

5,257

2,561

2,570

10,521

Ocean

68

5,576

2,708

4,507

12,859

Passaic

113

4,708

1,952

1,488

8,261

Salem

197

1,036

414

565

2,212

Somerset

236

3,533

1,589

1,701

7,059

Sussex

48

1,517

835

1,197

3,597

Union

1,143

5,666

2,450

1,723

10,982

Warren

102

1,541

672

673

2,988

Total in State

7,320

93,726

40,206

40,938

182,190

Table G—2011 New Jersey Statewide Emissions Inventory by County and Source Sector

County

NO

X

tons per year

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Atlantic

110

807

3,926

1,909

6,752

Bergen

714

2,570

9,852

4,539

17,675

Burlington

266

1,309

5,952

2,765

10,292

Camden

433

1,408

5,463

2,216

9,520

Cape May

600

288

1,500

1,988

4,376

Cumberland

721

437

1,418

1,460

4,036

Essex

1,470

2,107

5,934

5,138

14,649

Gloucester

1,765

732

3,618

2,364

8,479

Hudson

1,087

1,605

3,152

4,731

10,575

Hunterdon

181

366

2,663

1,026

4,236

Mercer

634

1,194

4,661

1,593

8,082

Middlesex

1,647

2,217

9,045

3,826

16,735

Monmouth

151

1,665

5,570

3,586

10,972

Morris

122

1,556

6,046

2,160

9,884

Ocean

252

1,413

4,430

2,778

8,873

Passaic

48

1,210

3,566

1,500

6,324

Salem

1,540

182

1,952

476

4,150

Somerset

168

969

4,102

1,721

6,960

Sussex

39

395

1,203

634

2,271

Union

2,532

1,405

5,984

3,979

13,900

Warren

314

322

2,317

443

3,396

Total in State

14,793

24,157

92,356

50,834

182,140

Table H—2011 New Jersey Statewide Emissions Inventory by County and Source Sector

County

CO

tons per year

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Atlantic

179

4,493

13,740

13,553

31,965

Bergen

278

4,861

53,500

53,631

112,270

Burlington

356

6,734

27,653

21,635

56,378

Camden

140

6,243

23,922

16,981

47,286

Cape May

61

1,607

6,039

13,250

20,957

Cumberland

234

3,198

6,729

5,989

16,150

Essex

630

4,616

32,647

25,006

62,899

Gloucester

510

2,436

16,487

13,377

32,810

Hudson

334

4,083

18,606

12,513

35,536

Hunterdon

50

1,209

9,367

9,523

20,149

Mercer

183

5,374

21,211

15,090

41,858

Middlesex

1,753

4,707

45,777

35,120

87,357

Monmouth

239

4,351

36,065

30,219

70,874

Morris

84

3,194

31,289

31,670

66,237

Ocean

534

7,500

26,667

26,043

60,744

Passaic

32

2,343

21,629

17,169

41,173

Salem

554

774

4,001

3,378

8,707

Somerset

104

1,976

17,650

22,599

42,329

Sussex

74

1,216

7,745

8,038

17,073

Union

576

3,318

27,597

21,827

53,318

Warren

150

2,110

7,362

5,369

14,991

Total in State

7,055

76,341

455,683

401,977

941,056

Table I—2011 New Jersey Statewide Emissions Inventory by County and Source Sector

County

PM

2.5

tons per year

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Atlantic

13

694

144

133

984

Bergen

143

992

416

362

1,913

Burlington

39

1,166

230

176

1,611

Camden

41

976

211

144

1,372

Cape May

139

307

52

154

652

Cumberland

200

542

52

82

876

Essex

185

898

231

227

1,541

Gloucester

330

542

138

142

1,152

Hudson

100

765

127

239

1,231

Hunterdon

16

319

98

87

520

Mercer

102

856

189

152

1,299

Middlesex

411

1,010

356

305

2,082

Monmouth

37

972

194

271

1,474

Morris

18

641

221

209

1,089

Ocean

45

1,230

155

214

1,644

Passaic

2

499

143

124

768

Salem

219

199

80

36

534

Somerset

18

428

152

160

758

Sussex

13

300

44

70

427

Union

600

688

240

236

1,764

Warren

39

398

83

45

565

Total in State

2,710

14,420

3,557

3,567

24,254

Table J—2011 New Jersey Statewide Emissions Inventory by County and Source Sector

County

PM

10

tons per year

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Atlantic

22

929

189

140

1,280

Bergen

152

1,328

647

381

2,508

Burlington

78

1,573

352

185

2,188

Camden

571

1,111

325

152

2,159

Cape May

156

586

69

164

975

Cumberland

226

1,055

70

86

1,437

Essex

191

1,158

339

236

1,924

Gloucester

332

1,109

210

149

1,801

Hudson

103

965

189

250

1,507

Hunterdon

16

829

137

92

1,074

Mercer

113

1,091

291

159

1,654

Middlesex

486

1,585

522

321

2,913

Monmouth

42

1,763

321

286

2,412

Morris

47

935

330

221

1,533

Ocean

50

2,023

260

226

2,559

Passaic

3

633

219

130

985

Salem

241

436

98

39

814

Somerset

40

705

226

170

1,140

Sussex

23

599

75

75

772

Union

667

926

349

248

2,191

Warren

53

733

111

47

944

Total in State

3,611

22,072

5,328

3,757

34,768

Table K—2011 New Jersey Statewide Emissions Inventory by County and Source Sector

County

SO

2

tons per year

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Atlantic

107

276

29

61

473

Bergen

67

503

103

50

723

Burlington

87

318

55

143

603

Camden

48

299

50

219

616

Cape May

1,295

89

10

40

1,434

Cumberland

348

287

9

31

675

Essex

248

498

57

386

1,189

Gloucester

742

206

33

391

1,372

Hudson

1,083

300

28

435

1,846

Hunterdon

3

304

21

6

334

Mercer

624

280

43

10

957

Middlesex

235

406

88

73

802

Monmouth

31

334

71

264

700

Morris

4

579

62

77

722

Ocean

26

374

53

42

495

Passaic

13

257

37

5

312

Salem

1,256

106

10

8

1,380

Somerset

12

189

38

9

248

Sussex

11

474

14

3

502

Union

123

332

54

577

1,086

Warren

52

259

16

3

330

Total in State

6,415

6,669

879

2,836

16,799

Table L—2011 New Jersey Statewide Emissions Inventory by County and Source Sector

County

NH

3

tons per year

Point sources

Area sources

Onroad sources

Nonroad sources

Total

anthropogenic

Atlantic

14

194

90

1.70

299.70

Bergen

372

380

282

4.81

1,038.81

Burlington

39

471

141

2.15

653.15

Camden

20

246

127

1.66

394.66

Cape May

3

75

31

1.80

110.80

Cumberland

30

404

26

0.88

460.88

Essex

41

322

170

2.43

535.43

Gloucester

16

324

86

1.30

427.30

Hudson

26

230

80

2.10

338.10

Hunterdon

2

417

61

1.02

481.02

Mercer

10

216

108

1.92

335.92

Middlesex

162

370

262

3.90

797.90

Monmouth

47

616

213

3.45

879.45

Morris

3

230

185

2.78

420.78

Ocean

41

209

155

3.29

408.29

Passaic

1

182

105

1.75

289.75

Salem

59

644

29

0.41

732.41

Somerset

2

228

111

1.99

342.99

Sussex

0

321

38

0.89

359.89

Union

127

226

161

1.89

515.89

Warren

6

694

46

0.53

746.53

Total in State

1,021

6,997

2,506

42.66

10,569.65

III. What action is the EPA proposing to take?

The New Jersey emission inventory SIP revision will ensure that the requirements for emission inventory measures and reporting are adequately met. To comply with the emission inventory requirements, New Jersey submitted a complete inventory containing point, area, on-road, and non-road mobile source data, and accompanying documentation. EPA is proposing to approve the SIP revision submittal as meeting the essential reporting requirements for emissions inventories. EPA has also determined that the SIP revision meets the requirements for emission inventories in accordance with EPA guidance.

Therefore, EPA is proposing to approve a revision to the New Jersey SIP which pertains to the following: 2011 calendar year summer season daily and annual ozone precursor emissions emission inventories for VOC, NO

X

and CO for the Northern New Jersey-New York-Connecticut and the Southern New Jersey-Philadelphia ozone nonattainment areas. In addition, the EPA is proposing to approve the 2011 calendar year PM

2.5

/Regional Haze emissions inventory that was developed statewide for New Jersey. The pollutants included in the inventory are annual emissions for VOC, NO

X

, PM

2.5

, PM

10

, NH

3

and SO

2

. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to the EPA Region 2 Office by the method discussed in the

ADDRESSES

section of this action.

IV. 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 Order 12866 (58 FR 51735, October 4, 1993);

• 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 the 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 the EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Authority:

42 U.S.C. 7401

et seq.

Dated: March 16, 2017.

Catherine R. McCabe,

Acting Regional Administrator, Region 2.

[FR Doc. 2017-07137 Filed 4-7-17; 8:45 am]

BILLING CODE 6560-50-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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