[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62741-62748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29818]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[Region II Docket No. 146, NJ23-1-7243(a); FRL-5322-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of New Jersey;
Revised Policy Regarding Applicability of Oxygenated Fuels Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On June 9, 1995, the New Jersey Department of Environmental
Protection (NJDEP) submitted requests to redesignate the Camden County
nonattainment area and nine not-classified areas from nonattainment to
attainment for carbon monoxide (CO). Under the Clean Air Act as amended
in 1990 (CAA), designations can be revised if sufficient data is
available to warrant such revisions. In this action, EPA is approving
the New Jersey requests because they meet the redesignation
requirements set forth in the CAA, which include the submittal of
maintenance plans.
In addition, EPA is approving two related State Implementation Plan
(SIP) submissions by NJDEP. On November 15, 1992, NJDEP submitted a
final 1990 base year emission inventory for CO emissions. This includes
emissions data for the entire State for all sources of CO in New
Jersey's CO nonattainment areas. NJDEP also submitted contingency
measures in the event the State fails to maintain the national ambient
air quality standards for CO or if its vehicle miles travelled forecast
is exceeded. In this action, EPA is approving New Jersey's CO emissions
inventory submission and contingency measures.
EFFECTIVE DATES: This final rule is effective on February 5, 1996
unless adverse or critical comments are received by January 8, 1996. If
the effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: William S. Baker,
Chief, Air Programs Branch,
[[Page 62742]]
Environmental Protection Agency, Region II Office, 290 Broadway, New
York, New York 10007-1866.
Copies of the State submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
290 Broadway, 20th Floor, New York, New York 10007-1866
New Jersey Department of Environmental Protection, Office of Energy,
Bureau of Air Quality Planning, 401 East State Street, CN027, Trenton,
New Jersey 08625.
FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs
Branch, Environmental Protection Agency, Region II Office, 290
Broadway, New York, New York 10007-1866, (212)637-4249.
SUPPLEMENTARY INFORMATION:
I. Background
Camden County was designated nonattainment for CO under the
provisions of sections 186 and 187 of the CAA. Because the area had a
design value of 11.6 parts per million based on 1988 and 1989 data, the
area was classified moderate. [See 56 FR 56694 (Nov. 6, 1991) and 57 FR
56762 (Nov. 30, 1992), codified at 40 CFR part 81, section 81.331.]
This design value was based on ambient CO data recorded in the City of
Philadelphia, which is in the Philadelphia-Wilmington-Trenton
Consolidated Metropolitan Statistical Area (CMSA). For moderate CO
nonattainment areas, the CAA requires that air quality must attain the
National Ambient Air Quality Standard (NAAQS) by December 31, 1995. The
last exceedance of the CO NAAQS in Camden County occurred in 1989.
In addition, nine areas were designated as not-classified
nonattainment under section 107(d)(1)(C) of the CAA. Three of these
not-classified areas, the City of Trenton, the City of Burlington and
the Borough of Penns Grove (part), are located within the Philadelphia-
Wilmington-Trenton CMSA. Five of the not-classified areas, the Borough
of Freehold, the City of Morristown, the City of Perth Amboy, the City
of Toms River and the Borough of Somerville, are located in the New
York-Northern New Jersey-Long Island (NY-NJ-LI) CMSA. The remaining
not-classified area is the City of Atlantic City, which is not
contained within a CMSA. The oxygenated gasoline requirements
applicable to each of these areas depend upon its location in the
State. These requirements are discussed in section III.5 of this
notice.
The nine areas were considered ``not-classified'' because air
quality data collected during the period 1988 and 1989 showed that the
NAAQS were met or because the data were not available. In those
instances where air quality was no longer being monitored,
concentrations measured in prior years had fallen well below the CO
NAAQS.
In an effort to comply with the CAA and to ensure continued
attainment of the NAAQS, on September 28, 1995, the State of New Jersey
submitted CO redesignation requests and maintenance plans for Camden
County and the nine not-classified areas. This submittal contained
evidence that public hearings were held on September 8, 1995.
II. Evaluation Criteria
Section 107(d)(3)(E) of the CAA provides five specific requirements
that an area must meet in order to be redesignated from nonattainment
to attainment.
1. The area must have attained the applicable NAAQS.
2. The area must have a fully approved SIP under section 110(k) of
the CAA.
3. The air quality improvement must be permanent and enforceable.
4. The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA.
5. The area must meet all applicable requirements under section 110
and Part D of the CAA.
III. Review of State Submittal
EPA has determined that the information received from the NJDEP
constitutes complete redesignation requests under the general
completeness criteria of 40 CFR part 51, appendix V, sections 2.1 and
2.2.
Additionally, the New Jersey redesignation requests for Camden
County and the nine not-classified areas meet the five requirements of
section 107(d)(3)(E), noted earlier. The following is a brief
description of how the State has fulfilled each of these requirements.
1. Attainment of the CO NAAQS
New Jersey has quality-assured CO ambient air monitoring data
showing that Camden County and the nine not-classified areas have met
the CO NAAQS. These requests are based on an analysis of quality-
assured CO air monitoring data which is relevant to the maintenance
plan and to the redesignation request. To attain the CO NAAQS, an area
must have complete quality-assured data showing no more than one
exceedance of the standard per year over at least two consecutive
years. CO monitoring data from calendar year 1990 through calendar year
1994 shows that no violations of the CO NAAQS have occurred. Camden
County and the nine not-classified areas have complete quality assured
data showing no more than one exceedance of the NAAQS per year over the
most recent two complete years of data (1993 and 1994). In fact, the
nine not-classified areas have not violated the NAAQS since 1987. In
addition, the most recent ambient CO data for calendar year 1995 shows
no exceedances of the NAAQS to date in Camden County or in the nine
not-classified areas. EPA finds that all of these areas have met the
first statutory criterion for attainment of the CO NAAQS (40 CFR 50.9
and appendix C).
Furthermore, air quality data for the Philadelphia portion of the
Philadelphia-Wilmington-Trenton CMSA shows that the remainder of the
nonattainment area has met the CO NAAQS since 1990. Therefore, air
quality in the entire CMSA has been meeting the CO standards since
1990.
2. Fully Approved SIP Under Section 110(k) of the CAA
New Jersey's September 28, 1995 CO SIP revision is fully approved
by EPA as meeting all the requirements of section 110(a)(2)(I) of the
CAA, including the requirements of Part D (relating to nonattainment),
which were due prior to the date of New Jersey's redesignation request.
The 1990 CAA required that nonattainment areas meet specific new
requirements depending on the severity of the nonattainment
classification. Requirements for Camden County and the nine not-
classified areas include the preparation of a 1990 emission inventory
with periodic updates and the development of contingency measures. Each
of these requirements added by the 1990 CAA are discussed in greater
detail below.
A. Part D New Source Review Requirements
Consistent with the October 14, 1994 EPA guidance from Mary D.
Nichols entitled ``Part D New Source Review (Part D NSR) Requirements
for Areas Requesting Redesignation to Attainment,'' EPA is not
requiring full approval of a Part D NSR program by New Jersey as a
prerequisite to redesignation to attainment. Under this guidance,
nonattainment areas may be redesignated to attainment notwithstanding
the lack of a fully approved Part D NSR program so long as the program
is not relied upon for maintenance. New Jersey has not relied on a NSR
program for CO sources to maintain attainment. Because Camden
[[Page 62743]]
County and nine not-classified areas are being redesignated to
attainment by this action, New Jersey's Prevention of Significant
Deterioration requirements will be applicable to new or modified
sources in Camden County and the nine not-classified areas.
B. Emission Inventory
New Jersey submitted a CO base year inventory for the entire State
to EPA on November 15, 1992. On November 21, 1994, New Jersey submitted
a technical update to the CO emission inventory for Bergen, Essex,
Hudson, Passaic, and Union Counties. On September 28, 1995, New Jersey
updated the CO emission inventory for the Camden County moderate
nonattainment area and nine not classified nonattainment areas. These
inventories are required under section 187(a)(1) of the CAA.
New Jersey's base year inventory used a three month CO season of
November 1990 through February 1991. The inventory included emissions
estimates from stationary point, stationary area, on-road mobile, and
nonroad mobile sources of CO. These emission estimates were prepared in
accordance with EPA guidance.
Table A presents a summary of the CO peak season daily emissions
estimates in tons per winter day for Camden County and the nine not
classified areas. Table B presents a summary of the CO peak season
daily emissions estimates in tons per winter day for the remaining
nonattainment areas in the State.
Table A.--Summary of CO Peak Season Daily Emissions Estimates
------------------------------------------------------------------------
2007
1990 Base Projected
year CO CO
Nonattainment Area emission emission
inventory inventory
(tons per (tons per
day) day)
------------------------------------------------------------------------
City of Atlantic City............................. 98 80
City of Burlington................................ 225 200
Borough of Freehold............................... 245 205
City of Morristown................................ 251 192
Borough of Penns Grove (part)..................... 47 37
City of Perth Amboy............................... 320 279
Borough of Somerville............................. 135 113
City of Toms River................................ 145 142
City of Trenton................................... 154 135
Total for Not Classified Areas.................... 1620 1383
Camden County..................................... 252 218
Total for Camden County........................... 252 218
------------------------------------------------------------------------
Table B.--Summary of CO Peak Season Daily Emissions Estimates
------------------------------------------------------------------------
1990 Base
year CO
emission
Nonattainment area inventory
(tons per
day)
------------------------------------------------------------------------
Bergen County................................................ 506
Essex County................................................. 377
Hudson County................................................ 222
Passaic County............................................... 303
Union County................................................. 273
----------
Total for Northern Nonattainment Counties.................... 1681
------------------------------------------------------------------------
Section 110(k) of the CAA contains provisions regarding emission
inventory submittals. The EPA has determined that New Jersey's 1990
base year CO emissions inventory submitted on November 15, 1992 and
updated on November 21, 1994 and September 28, 1995, meets these
requirements. For further details, the reader is referred to the
Technical Support Document, which is available for review at the
addresses provided previously.
C. Contingency Measures
Under section 187(a)(3) of the CAA, the State is required to
include adopted contingency measures in the event the State fails to
attain the national ambient air quality standards by the required date
or if the vehicle miles travelled forecast is exceeded beyond the
allowable limit as defined in the January, 1992 guidance document,
``Section 187 VMT Forecasting and Tracking Guidance.''
EPA is approving New Jersey's transportation control measures
(TCMs) with these redesignation requests. These TCMs cover three major
program areas: Traffic flow improvements, park & ride lots, and
increased ridesharing. The State included its employee commute options
(ECO) program as an additional contingency measure. EPA will be taking
action on New Jersey's ECO program submittal as a requirement of the
State's ozone SIP in a separate Federal Register notice since there are
specific requirements an ECO program must meet in order to be approved
as part of an ozone SIP, but not as a contingency measure in a CO SIP.
3. Improvement in Air Quality Due to Permanent and Enforceable Measures
New Jersey has implemented a number of measures to control motor
vehicle CO emissions. Emission reductions achieved through the
implementation of these control measures are enforceable. These
measures include the Federal Motor Vehicle Control Program, Federal
reformulated gasoline, New Jersey's pre-1990 modifications to its
inspection and maintenance (I/M) program, and local transportation
control measures.
The State of New Jersey has demonstrated that actual enforceable
emission reductions are responsible for the air quality improvement and
that the CO emissions in the base year are not artificially low due to
local economic downturn. EPA finds that the combination of existing
EPA-approved SIP and federal measures contribute to the permanence and
enforceability of reduction in ambient CO levels that have allowed
Camden County to attain the NAAQS since 1990 and the nine not-
classified areas to attain since 1986.
4. Fully Approved Maintenance Plan Under Section 175A
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan must demonstrate continued attainment of the applicable NAAQS
for at least ten years after the Administrator approves a redesignation
to attainment. Eight years after the redesignation, the state must
submit a revised maintenance plan which demonstrates attainment for the
ten years following the initial ten-year period. To provide for the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, with a schedule for implementation
adequate to assure prompt correction of any air quality problems. In
this notice, EPA is approving the State of New Jersey's maintenance
plans for Camden County and the nine not-classified areas because EPA
finds that New Jersey's submittal meets the requirements of section
175A.
A. Attainment Emission Inventory
As previously noted, on November 15, 1992, the State of New Jersey
submitted a comprehensive inventory of CO emissions for Camden County
and the nine not-classified areas. The inventory includes emissions
from area, stationary, and mobile sources using 1990 as the base year
for calculations. Although the 1990 inventory can be considered
representative of attainment conditions because the NAAQS were not
violated during 1990, New Jersey established CO emissions for the
redesignation year, 1995, as well as a forecast for the year 2007 in
its redesignation request. These estimates were derived from the
State's 1990 emissions inventory and assumptions
[[Page 62744]]
about economic and vehicle miles travelled growth.
B. Demonstration of Maintenance-Projected Inventories
Total CO emissions were projected from 1990 base year out to 2007.
These projected inventories were prepared in accordance with EPA
guidance. The projections in Table A show that future CO emissions are
not expected to exceed the level of emissions in the base year after
the benefits of the Federal Motor Vehicle Control Program, reformulated
gasoline and pre-1990 basic I/M program are taken into consideration.
It should be noted that the NJDEP demonstrated that Camden County and
the nine not-classified areas will maintain the CO standard without the
need for an oxygenated fuels program.
As a result of this projection, New Jersey took into account the
effects of growth due to economic activities and population on
stationary and off-highway sources.
C. Monitoring Network
New Jersey has committed to continue to operate its existing air
monitoring network and quality assurance program in accordance with 40
CFR part 58 to ensure the development of complete and accurate emission
inventory and air monitoring data.
D. Verification of Continued Attainment
Continued attainment of the CO NAAQS in Camden County and the nine
not-classified areas depends, in part, on the State's efforts toward
tracking indicators of continued attainment during the maintenance
period. The State has also committed to submit periodic inventories of
CO emissions every three years beginning in 1996 and continuing at
least through 2007.
E. Contingency Plan
The level of CO emissions in Camden County and the nine not-
classified areas will largely determine their ability to stay in
compliance with the CO NAAQS in the future. Despite the State's best
efforts to demonstrate continued compliance with the NAAQS, the ambient
air pollutant concentrations may exceed or violate the NAAQS based upon
some unforeseeable condition. In order to meet this challenge, the CAA
requires states to develop contingency measures to offset these
conditions.
New Jersey will be using an enhanced I/M program as its contingency
measure. New Jersey is implementing enhanced I/M to meet other
requirements of the CAA and it has the additional benefit of reducing
CO emissions. However, New Jersey will not wait for a triggering
mechanism before implementing this measure. Instead, the State will
implement this program as quickly as is practicable. Operation of this
program is expected to begin in 1996.
5. Meeting Applicable Requirements of Section 110 and Part D
In section III.2. of this notice EPA sets forth the basis for its
conclusion that New Jersey has a fully approved SIP which meets the
applicable requirements of section 110 and Part D of the CAA. EPA notes
that section 110 also requires that states include in their SIPs, where
applicable, oxygenated gasoline programs. EPA has concluded that Camden
County is no longer required to have an oxygenated gasoline program in
the applicable SIP because the entire Philadelphia-Wilmington-Trenton
CMSA is in fact attaining the CO NAAQS. In addition, for redesignation
purposes, an oxygenated gasoline program does not have to be a part of
the applicable SIP for the nine not classified nonattainment areas.
Camden County
The Camden County low moderate nonattainment area had a CO design
value greater than 9.5 parts per million at the time of the enactment
of the Clean Air Act Amendments of 1990 and thus was originally
required to have an oxygenated gasoline program by November 1, 1992 as
a part of the SIP for this area. In this notice, however, EPA is
finding that the entire Philadelphia-Camden nonattainment area is
currently attaining the CO NAAQS (See section III.1). Under a new
interpretation of section 211(m)(6) discussed in this section, once EPA
determines that a CO nonattainment area is actually attaining the CO
NAAQS and that the area demonstrates it does not need oxygenated
gasoline to maintain the NAAQS, section 211(m) no longer requires the
submittal of a SIP revision for the area embodying an oxygenated
gasoline program so long as the area continues to maintain the
standard. Thus, because EPA finds that the Philadelphia-Camden
nonattainment area is actually attaining the NAAQS and that Camden
County has demonstrated that it does not need oxygenated gasoline for
maintenance, Camden County is no longer required to have an oxygenated
gasoline program in the applicable SIP. As a consequence, Camden County
may be redesignated notwithstanding the lack of a section 211(m)
oxygenated gasoline program since such a program is not an applicable
requirement for purposes of evaluating the redesignation request for
Camden County pursuant to section 107(d)(3)(E).
In this notice, EPA is refining its previous interpretation of when
section 211(m) requires a state to include an oxygenated gasoline
program in its SIP. Section 211(m)(1) requires states with
nonattainment areas with a design value of at least 9.5 ppm to submit a
SIP revision containing oxygenated gasoline requirements. Section
211(m)(6), however, states: ``Nothing in this subsection shall be
interpreted as requiring an oxygenated gasoline program in an area
which is in attainment for CO, except that in a CO area which is
redesignated as attainment for CO, the requirements of this subsection
shall remain in effect to the extent such program is necessary to
maintain such standard * * *'' (emphasis added).
Previously, EPA has looked to an area's designation as
nonattainment to determine whether oxygenated gasoline is required.
However, section 211(m)(6) refers specifically to an area ``which is in
attainment,'' not to one which is designated attainment. EPA interprets
this language to mean that as soon as EPA determines that an entire
nonattainment area is actually in attainment, even prior to
redesignation, section 211(m) no longer requires an oxygenated gasoline
program for that area.
This interpretation is based on the plain language of the statute
and is supported by the general CAA structure for applying provisions
for SIP requirements to nonattainment areas. Section 211(m)(6) provides
that nothing in section 211(m) is to be interpreted as requiring an
oxygenated gasoline program in an area that is ``in attainment;'' it
does not state that nothing in section 211(m) is to be interpreted as
requiring an oxygenated gasoline program in an area ``designated
attainment.'' The two issues are distinct, however. Whether an area is
``in attainment'' depends solely on a determination of whether an area
is attaining the NAAQS (a determination based on the air quality of the
area), whereas an area's designation as attainment or nonattainment
depends on other factors as well as its own air quality. [See section
107(d)(1) and (d)(3)(E).] Congress has drawn distinctions between the
issue of whether an area has attained the standard and its designation
as attainment. [See, e.g., section 107(d)(3)(E) (attainment of the
standard is one of several criteria for being redesignated attainment);
section 182(f) (NOX RACT requirements may be waived for
nonattainment areas if it is
[[Page 62745]]
determined that NOX reductions would not contribute to attainment
of the standard).]
Moreover, this interpretation is a reasonable reading that gives
section 211(m)(6) legal effect. Section 175A states that nonattainment
area requirements continue in force and effect until an area is
redesignated to attainment; by implication, once the area is
redesignated, the requirements no longer apply except as needed for
maintenance or as contingency measures. Section 211(m)(6) would be a
redundant restatement of this principle if it meant only that
redesignated areas were no longer subject to oxygenated gasoline
requirements. Furthermore, EPA notes that provisions such as section
211(m)(6) are not reflected in other nonattainment area provisions,
such as the inspection/maintenance requirements, further supporting
EPA's interpretation.
The effects of this interpretation of section 211(m) are limited in
several respects. Where a state that is in fact attaining the CO NAAQS
has an oxygenated gasoline program as part of an approved SIP, the
program would remain in the SIP; section 211(m)(6) only would allow the
state to submit a SIP revision to remove the program, and then only if
it is not needed for maintenance and its removal complied with section
110(l). Also, the entire nonattainment area must be actually achieving
the CO NAAQS before oxygenated gasoline would not be required for any
portion of the MSA or CMSA in which an area is located. Furthermore,
unless the area is redesignated to attainment, the oxygenated gasoline
program requirement would again become effective upon a subsequent
violation of the standard. In addition, as this interpretation is based
on the language of section 211(m)(6), it does not extend beyond the
oxygenated gasoline requirements to other CAA SIP requirements.
The Nine Not Classified Areas
For various reasons, none of the nine not-classified nonattainment
areas being redesignated to attainment in today's notice are required
to have an oxygenated gasoline program in their approved SIP in order
to be redesignated. None of the areas had a CO design value of 9.5
parts per million or greater and, therefore, none of the nine areas
would have been required to have an oxygenated gasoline program.
However, oxygenated gasoline programs had been required in eight of
these nine areas because they are located in a CMSA containing a
moderate CO nonattainment area in which section 211(m) required a
program. The ninth area, Atlantic City, was and is not required to have
an oxygenated fuel program in its SIP nor is it a part of a CMSA where
the program is required.
Three of the not-classified areas, the City of Trenton, the City of
Burlington and the Borough of Penns Grove (part), are located within
the Philadelphia-Wilmington-Trenton CMSA. While these areas had once
been required to have an oxygenated gasoline program due to their
location in the same CMSA as the Camden Area, as the Camden Area is no
longer required to have a program, they are also no longer required to
have a program.
EPA is proceeding with the redesignation of the remaining five not-
classified nonattainment areas in the NY-NJ-LI CMSA notwithstanding the
lack of an approved SIP requiring the sale of oxygenated fuels in these
five areas. These areas are, the Borough of Freehold, the City of
Morristown, the City of Perth Amboy, the City of Toms River and the
Borough of Somerville. EPA believes that these five areas satisfy the
requirement of section 107(d)(3)(E) of the CAA in that they have a
fully-approved SIP meeting all of the section 110 and Part D
requirements applicable to the area. The reasons for this view are
based on a combination of factors.
The requirements of section 211(m) concerning the sale of
oxygenated gasoline in the NY-NJ-LI CMSA do not apply to the five not-
classified areas by virtue of their own classification, designation or
design value. Rather, oxygenated fuel is required to be sold in these
areas because they are located within a CMSA containing a moderate CO
nonattainment area with a design value of greater than 9.5 parts per
million.
The requirements concerning the sale of oxygenated fuels in areas
that are located within a CMSA in which a CO nonattainment area with a
design value of 9.5 parts per million or greater exist regardless of
the designation or classification of those areas as attainment,
nonattainment or not-classified. Thus, the applicability of the
requirements concerning the sale of oxygenated fuels in the five not-
classified areas will not be affected by the redesignation of those
areas to attainment. Furthermore, the State of New Jersey remains
subject to a requirement to submit a SIP revision requiring the sale of
oxygenated fuel in the New Jersey portion of the NY-NJ-LI CMSA because
nonattaining areas of the CMSA remain subject to the section 211(m)
requirements.
For purposes of applying the provisions of section 107(d)(3)(E)
concerning requirements applicable to an area seeking redesignation,
EPA believes it reasonable and appropriate to view the oxygenated fuel
requirements of section 211(m) as applying only to an area within a
CMSA whose design value triggered the applicability of the program, but
not to the peripheral areas within the same CMSA that are subjected to
the program by virtue of their location within that CMSA. Nonetheless,
the redesignation to attainment of the five not-classified areas
located in the NY-NJ-LI CMSA will not remove the mandate that the State
is required to submit a SIP revision to implement an oxygenated fuel
program throughout the CMSA.
IV. Final Action
EPA is approving the Camden County and nine not-classified CO
maintenance plans because they meet the requirements set forth in
section 175A of the CAA. In addition, the Agency is approving the
requests for redesignating Camden County and the nine not-classified
areas to attainment, because the State has demonstrated compliance with
the requirements of section 107(d)(3)(E) for redesignation. EPA is also
approving New Jersey's 1990 base year CO emissions inventory and
contingency measures.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the SIP revision should
adverse or critical comments be filed. Thus, this direct final action
will be effective February 5, 1996 unless, by January 8, 1996, adverse
or critical comments are received.
If the EPA receives such comments, this rule will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this rule should
do so at this time. If no
[[Page 62746]]
adverse comments are received, the public is advised that this rule
will be effective in 60 days. [See 47 FR 27073 and 59 FR 24059.]
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and Subchapter I, Part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moveover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. US EPA, 427 US 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a federal mandate that may result in
estimated annual costs of $100 million or more to the private sector,
or to state, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the state and any affected local or tribal governments have
elected to adopt the program provided for under sections 110 and 187 of
the CAA. These rules may bind state, local and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. To the extent that the rules being approved by this
action would impose any mandate upon the state, local or tribal
governments either as the owner or operator of a source or as a
regulator, or would impose any mandate upon the private sector, EPA's
action will impose no new requirements; such sources are already
subject to these regulations under state law. Accordingly, no
additional costs to state, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this direct final action does not include a mandate that may result in
estimated annual costs of $100 million or more to state, local, or
tribal governments in the aggregate or to the private sector.
Under 5 U.S.C. 605(b), I certify that redesignations do not have a
significant economic impact on a substantial number of small entities.
[See 46 FR 8709.]
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Under section 307(b)(l) of the CAA, petitions for judicial review
of this rule must be filed in the United States Court of Appeals for
the appropriate circuit within 60 days from date of publication. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed and shall not postpone the effectiveness of such
rule or action. This rule may not be challenged later in proceedings to
enforce its requirements. [See 307(b)(2).]
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations.
40 CFR Part 81
Air pollution control, National parks, and Wilderness areas.
Dated: October 24, 1995.
William J. Muszynski,
Deputy Regional Administrator.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart FF--New Jersey
2. Section 52.1570 is amended by adding paragraph (c)(57) to read
as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(57) The redesignation and maintenance plan for Camden County and
the Nine not-classified areas (the City of Trenton, the City of
Burlington, the Borough of Penns Grove (part), the Borough of Freehold,
the City of Morristown, the City of Perth Amboy, the City of Toms
River, the Borough of Somerville, and the City of Atlantic City)
submitted by the New Jersey Department of Environmental Protection on
September 28, 1995, as part of the New Jersey SIP. The 1990 Baseline CO
Emission Inventory for the State of New Jersey was submitted on
November 15, 1992 and a Technical Update was submitted on November 21,
1994.
(i) Incorporation by reference.
(A) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation And Maintenance Plan For Camden County,'' section 5.f,
effective date September 28, 1995.
(B) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation and Maintenance Plan for the Nine Not-Classified
Nonattainment Areas,'' section 5.f, effective date September 28, 1995.
(ii) Additional material.
(A) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation And Maintenance Plan For Camden County'' with appendices,
September 28, 1995.
(B) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation and Maintenance Plan for the Nine Not-Classified
Nonattainment Areas'' with appendices, September 28, 1995.
3. Section 52.1582 is amended by redesignating paragraph (d) to
(d)(1) and adding new paragraph (d)(2) to read as follows:
Sec. 52.1582 Control strategy and regulations: Ozone (volatile organic
substances) and carbon monoxide.
* * * * *
(d) * * *
(d)(2) The base year carbon monoxide emission inventory requirement
of section 187(a)(1) of the 1990 Clean Air Act Amendments has been
satisfied for the entire State. The inventory was submitted on November
15, 1992 and amended on September 28, 1995 by the New Jersey Department
of Environmental Protection as a revision to the carbon monoxide State
Implementation Plan.
[[Page 62747]]
PART 81--[AMENDED]
Subpart C--Section 107 Attainment Status Designations
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.331, the table for ``New Jersey-Carbon Monoxide'' is
amended by revising the entry for Camden County to read as follows:
Sec. 81.331 New Jersey.
* * * * *
New Jersey--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
Atlantic City Area:
Atlantic County (part) February 5, 1996...... Attainment. ........... .....................
The City of Atlantic
City.
Burlington Area:
Burlington County (part) February 5, 1996...... Attainment. ........... .....................
City of Burlington.
Freehold Area:
Monmouth County (part) February 5, 1996...... Attainment. ........... .....................
Borough of Freehold.
Morristown Area:
Morris County (part) City February 5, 1996...... Attainment. ........... .....................
of Morristown.
New York-N. New Jersey-Long
Island Area:
Bergen County............ ...................... Nonattainment ........... Moderate > 12.7ppm.
Essex County............. ...................... Nonattainment ........... Moderate > 12.7ppm.
Hudson County............ ...................... Nonattainment ........... Moderate > 12.7ppm.
Passaic County (part):
City of Clifton...... ...................... Nonattainment ........... Moderate > 12.7ppm.
City of Patterson.... ...................... Nonattainment ........... Moderate > 12.7ppm.
City of Passaic...... ...................... Nonattainment ........... Moderate > 12.7ppm.
Union County......... ...................... Nonattainment ........... Moderate > 12.7ppm.
Penns Grove Area:
Salem County (part) February 5, 1996...... Attainment. ........... .....................
Borough of Penns Grove.
Those portions within
100 yards of the
intersections of U.S.
Route 130 and County
Roads 675 & 607.
Perth Amboy Area:
Middlesex County (part) February 5, 1996...... Attainment. ........... .....................
City of Perth Amboy.
Philadelphia-Camden County
Area:
Camden County............ February 5, 1996...... Attainment. ........... .....................
Somerville Area:
Somerset County (part) February 5, 1996...... Attainment. ........... .....................
Borough of Somerville.
Toms River Area:
Ocean County (part) City February 5, 1996...... Attainment. ........... .....................
of Toms River.
Trenton Area:
Mercer County (part) City February 5, 1996...... Attainment. ........... .....................
of Trenton.
AQCR 043 NJ NY Connecticut ...................... Unclassifiable/ ........... .....................
Interstate (Remainder of). Attainment..
Middlesex County (part)
area outside of Perth
Amboy.
Monmouth County (part)
area outside of Freehold.
Morris County (part) area
outside of Morristown.
Passaic County (part)
area outside Clifton,
Patterson, and Passaic.
Somerset County (part)
area outside of
Somerville.
AQCR 045 Metro. Philadelphia ...................... Unclassifiable/ ........... .....................
Interstate (Remainder of). Attainment.
Burlington County (part)
Area outside Burlington.
Gloucester County........
Mercer County (part) Area
outside Trenton.
Salem County (part) Area
outside Penns Grove Area.
AQCR 150 New Jersey ...................... Unclassifiable/ ........... .....................
Intrastate. Attainment.
Atlantic County (part)
Area outside Atlantic
City.
Cape May County..........
Cumberland County........
Ocean County (part) Area
outside Toms River.
AQCR 151 NE PA--Upper ...................... Unclassifiable/ ........... .....................
Delaware Valley. Attainment.
Hunterdon County.........
Sussex County ...........
[[Page 62748]]
Warren County ...........
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.
[FR Doc. 95-29818 Filed 12-6-95; 8:45 am]
BILLING CODE 6560-50-P