[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Rules and Regulations]
[Pages 38591-38594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18642]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[Region II Docket No. 142; SIPTRAX NJ15-2-6920, FRL-5524-3]


Approval and Promulgation of Implementation Plans; Revision to 
the New Jersey State Implementation Plan for Carbon Monoxide

AGENCY: Environmental Protection Agency (EPA).


[[Page 38592]]


ACTION: Final rule.

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SUMMARY: This document takes final EPA action on certain elements of a 
request by the State of New Jersey to revise its State Implementation 
Plan (SIP) for carbon monoxide. EPA is approving New Jersey's vehicle 
miles travelled forecast and multi-state coordination commitment and is 
giving a limited approval to New Jersey's new source review regulation, 
which covers all nonattainment pollutants. EPA will be taking future 
action on New Jersey's attainment demonstration and enhanced inspection 
and maintenance program in a separate Federal Register document. In a 
December 7, 1995 document EPA approved New Jersey's contingency 
measures and statewide emissions inventory. The contingency measures 
include transportation control measures which cover traffic flow 
improvements, park & ride lots, and increased ridesharing. In a 
February 12, 1996 document EPA approved New Jersey's oxygenated fuels 
rule. These revisions were required by the Clean Air Act as amended in 
1990 and will contribute towards attaining the carbon monoxide 
standard.

EFFECTIVE DATE: This action is effective August 26, 1996.

ADDRESSES: Copies of New Jersey's submittals are available at the 
following addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Library, 16th Floor, 
290 Broadway, New York, New York 10007-1866.
New Jersey Department of Environmental Protection, Bureau of Air 
Quality Planning, 401 East State Street, CN027, Trenton, New Jersey 
08625.
Environmental Protection Agency, Air and Radiation Docket and 
Information Center (Air Docket 6102), 401 M Street, SW., Washington, DC 
20460.

FOR FURTHER INFORMATION CONTACT: Henry Feingersh, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, New York, New York 
10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Background

    The Clean Air Act, as amended in 1990, sets forth a number of 
requirements that states had to submit as revisions to their State 
Implementation Plans (SIPs) by November 15, 1992 for areas designated 
as moderate nonattainment for carbon monoxide. These requirements are: 
an attainment demonstration, an enhanced vehicle inspection and 
maintenance  (I/M) program, an oxygenated fuels rule, a vehicle miles 
travelled forecast, contingency measures, a carbon monoxide emission 
inventory, a revised new source review program, and a multi-state 
coordination letter.
    EPA has issued a ``General Preamble'' describing its preliminary 
views on how it intends to review SIPs and SIP revisions submitted in 
order to meet Title I requirements [see generally 57 FR 13498 (April 
16, 1992) and 57 FR 18070 (April 28, 1992)]. The reader should refer to 
the General Preamble for a more detailed discussion of the Title I 
requirements and what EPA views as necessary to adequately comply with 
Title I provisions.
    On November 15, 1992, New Jersey submitted to EPA proposed 
revisions to its carbon monoxide SIP that addressed each of the above 
requirements for its two moderate carbon monoxide nonattainment areas. 
In addition, in a submittal dated October 4, 1993, New Jersey submitted 
to EPA information on transportation control measures which New Jersey 
will use as a contingency measure.
    The New Jersey portion of the New York-Northern New Jersey-Long 
Island carbon monoxide nonattainment area is classified as a Moderate 2 
area (an area that has a design value of 12.8-16.4 ppm). The New York-
Northern New Jersey-Long Island carbon monoxide nonattainment area is 
part of the New York-Northern New Jersey-Long Island Consolidated 
Metropolitan Statistical Area and includes the counties of Bergen, 
Essex, Hudson, Union, and parts of Passaic County. The nonattainment 
area in Passaic County includes the cities of Clifton, Paterson, and 
Passaic. The remainder of the State is in attainment for carbon 
monoxide.
    EPA published its proposed action on those parts of the New Jersey 
submittal covered by this document on November 10, 1994 (59 FR 56019). 
The reader is referred to that proposal for a detailed discussion of 
EPA's action. Comments were due by December 10, 1994. The State of New 
Jersey was the only commenter.

Public Comment

    All of New Jersey's comments concerned EPA's proposed action on the 
State's Subchapter 18, ``Control and Prohibition of Air Pollution From 
New or Altered Sources Affecting Ambient Air Quality (Emission Offset 
Rules)'' (new source review regulation). In its November 10, 1994 
Federal Register document EPA noted that New Jersey's Subchapter 18 
lacked certain elements which are summarized as follows:
    1. A provision that requires changes in existing permits providing 
offsets to be in effect by the time of permit issuance;
    2. A process that provides information from nonattainment new 
source review permits to EPA's control technology clearinghouse;
    3. A definition of ``stationary source'' which excludes the new 
category of ``nonroad engines;''
    4. Provisions for modifications in serious and severe ozone 
nonattainment areas required under sections 182(c)(6), (7) and (8) of 
the Clean Air Act;
    5. A net air quality benefit test;
    6. A methodology for calculating net emissions increase that 
adheres to EPA guidance and policy; and
    7. Definitions for ``initiation of construction'' and ``initiation 
of operation.''
    The November 10, 1994 Federal Register proposal contains detailed 
information on each of the aforementioned items.
    The State commented that it will revise its regulations to address 
Items 1, 2, 5, and 7 on an expedited schedule and is currently doing 
so. However, the State has requested guidance from EPA on issues 
associated with Items 3, 4 and 6. As a result, there are still 
deficiencies in the rule that need to be corrected before it can be 
fully approved. It is EPA's position that these deficiencies must be 
addressed expeditiously. Until they are, the requirements related to 
the afore-referenced elements are currently in effect under the 
authority of the Clean Air Act, even in the absence of an applicable 
implementation plan addressing these requirements.
    In the interim, EPA is moving forward by finalizing its proposed 
limited approval of New Jersey's new source review rule because it 
strengthens the existing New Jersey SIP by incorporating Clean Air Act 
requirements. Such requirements include, but are not limited to, new 
offset ratios, new applicability thresholds, and the NOX 
requirements of section 182(f) for most ozone nonattainment areas.

Vehicle Miles Travelled Forecast

    The New Jersey SIP is required under section 187(a)(2)(A) of the 
Clean Air Act to include a forecast of vehicle miles travelled through 
the year 1995. In addition, annual reports and annual updates are 
required of the State; the first of these was required by September 30, 
1994. EPA finds that New Jersey has submitted documentation satisfying 
these requirements, and therefore, is approving New Jersey's vehicle 
miles travelled forecast SIP revision.

[[Page 38593]]

Multi-State Coordination

    The New Jersey SIP is required under section 187(e) of the Clean 
Air Act to include a joint workplan to demonstrate early cooperation 
and integration of all states in the nonattainment area. This workplan 
consisted of a letter signed by former Director Nancy Wittenberg 
containing a detailed schedule of milestones and a commitment to 
coordinate with EPA and each of the states involved. EPA finds that New 
Jersey has fulfilled this requirement and approves the multi-state 
coordination commitment.

Further Action

    EPA will be taking action on New Jersey's Subchapter 18, enhanced 
inspection and maintenance program, attainment demonstration, and 
conformity rules in future Federal Register documents.
    New Jersey is currently in the process of adopting an enhanced 
inspection and maintenance program. Once this is submitted as a SIP 
revision and approved by EPA, the attainment demonstration (which 
relies on credit from the enhanced inspection and maintenance program) 
would also be acted upon by EPA.

Conclusion

    EPA is fully approving New Jersey's vehicle miles travelled 
forecast and the multi-state coordination as revisions to New Jersey's 
carbon monoxide SIP. In addition, EPA is giving limited approval to New 
Jersey's Subchapter 18, ``Control and Prohibition of Air Pollution from 
New or Altered Sources Affecting Ambient Air Quality (Emission Offset 
Rules)'' effective March 15, 1993.
    Once the remaining elements are approved, EPA can give a full 
approval to the carbon monoxide SIP. Therefore, EPA can only give the 
New Jersey carbon monoxide SIP a limited approval until action is taken 
on the remaining elements.
    This document is issued as required by section 110 of the Clean Air 
Act, as amended. The Administrator's decision regarding the approval of 
this plan revision is based on its meeting the requirements of section 
110 of the Clean Air Act, and 40 CFR Part 51.
    Nothing in this rule 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 any SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    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 
Clean Air Act 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 Clean Air Act, preparation of a regulatory flexibility 
analysis would constitute federal inquiry into the economic 
reasonableness of state action. The Clean Air Act 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 SIP or plan revision, the state and any 
affected local or tribal governments have elected to adopt the program 
provided for under section 187 of the Clean Air Act. 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 will 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 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.
    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.
    Under section 307(b)(1) of the Clean Air Act, 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 section 
307(b)(2).)

Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of this rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: May 31, 1996.
William J. Muszynski,
Acting Regional Administrator.

    Part 52, 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 new paragraph (c)(54) to 
read as follows:


Sec. 52.1570  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (54) Revisions to the New Jersey State Implementation Plan (SIP) 
for carbon monoxide concerning the control of

[[Page 38594]]

carbon monoxide from mobile sources, dated November 15, 1992 and 
November 21, 1994 submitted by the New Jersey State Department of 
Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Chapter 27, Title 7 of the New Jersey Administrative Code 
Subchapter 18, ``Control and Prohibition of Air Pollution from New or 
Altered Sources Affecting Ambient Air Quality (Emission Offset 
Rules),'' effective March 15, 1993.
    (ii) Additional material.
    (A) November 21, 1994, Technical update to the New Jersey Carbon 
Monoxide SIP.
    3. In Sec. 52.1605 the table is amended by removing the first entry 
for Title 7, Chapter 27: Subchapter 18 and revising the second entry to 
read as follows:


Sec. 52.1605  EPA-approved New Jersey State regulations.

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          State regulation            State effective date      EPA approved date              Comments         
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*                  *                  *                  *                  *                  *                
        Title 7, Chapter 27                                                                                     
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Subchapter 18, ``Control and         Mar. 15, 1993.........  July 25, 1996.........  See July 25, 1996 for items
 Prohibition of Air Pollution from                                                    not included in this      
 New or Altered Sources Affecting                                                     limited approval.         
 Ambient Air Quality (Emission                                                                                  
 Offset Rules).''.                                                                                              
                                                                                                                
*                  *                  *                  *                  *                  *                
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[FR Doc. 96-18642 Filed 7-24-96; 8:45 am]
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