[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Rules and Regulations]
[Pages 53624-53628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26202]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 144; NJ22-1-7069a, FRL-5554-9]
Approval and Promulgation of Implementation Plans; New Jersey
Transportation Control Measures
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
request by the State of New Jersey to revise its State Implementation
Plan (SIP) to incorporate transportation control measures (TCMs) as
part of the State's effort to attain the national ambient air quality
standard for ozone. EPA finds that New Jersey adequately demonstrated
in its November 15, 1993 SIP that growth in emissions from growth in
vehicle miles traveled will not increase and, therefore, offsetting
emission reduction measures are not required. In its November 15, 1993
SIP revision, the State submitted a list containing 136 TCMs as part of
the plan to reduce emissions of volatile organic compounds by 15
percent between 1990 and 1996.
DATES: This rule is effective on December 16, 1996, unless adverse or
critical comments are received by November 14, 1996. If adverse
comments are received, this notice will be withdrawn in the Federal
Register prior to the effective date of this rule.
ADDRESSES: All comments should be addressed to: William S. Baker,
Chief, Air Programs Branch, Environmental Protection Agency, Region II
Office, 290 Broadway, 20th Floor, New York, New York 10007-1866.
Copies of New Jersey's submittals 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 Air
Quality Management, Bureau of Air Pollution Control, 401 East State
Street, CN027, Trenton, New Jersey 08625.
Environmental Protection Agency, Air and Radiation Docket and
Information Center (MC 6102), 401 M Street, S.W., Washington, D.C.
20460.
FOR FURTHER INFORMATION CONTACT: Rudolph K. Kapichak, Air Programs
Branch, Environmental Protection Agency, 290 Broadway, 20th Floor, New
York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Background
Section 182(d)(1)(A) of the Clean Air Act Amendments of 1990
requires states containing ozone nonattainment areas classified as
``severe'' pursuant to Section 181(a) of the Act to adopt
transportation control measures (TCMs) and transportation strategies to
offset growth in emissions from growth in vehicle miles traveled (VMT)
or number of vehicle trips, and to attain reductions in motor vehicle
emissions (in combination with other emission requirements) as
necessary to comply with the Act's Reasonable Further Progress (RFP)
milestone and attainment requirements. The requirements for
establishing a VMT offset program are discussed in the April 16, 1992
General Preamble to Title I of the Act (57 FR 13498), in addition to
Section 182(d)(1)(A) of the Act. The VMT offset provision requires that
states submit by November 15, 1992 specific enforceable TCMs and
strategies to offset any growth in emissions from growth in VMT or
number of vehicle trips sufficient to allow total area emissions to
comply with the RFP and attainment requirements of the Act.
EPA has observed that these three elements (i.e., offsetting growth
in mobile source emissions, attainment of the RFP reduction, and
attainment of ozone national ambient air quality standards (NAAQS)
create a timing problem of which Congress was perhaps not fully aware.
As discussed in EPA's April 16, 1992 General Preamble to Title I, ozone
nonattainment areas affected by this provision were not otherwise
required to submit SIPs that show attainment of the 1996 15 percent RFP
milestone until November 15, 1993, and likewise are not required to
demonstrate post-1996 RFP and attainment of the NAAQS until November
15, 1994. The SIP demonstrations due on November 15, 1993, and on
November 15, 1994 are broader in scope than growth in VMT or trips in
that they necessarily address emission trends and control measures for
non-motor vehicle emission sources and, in the case of attainment
demonstrations, complex photochemical modeling studies.
EPA does not believe that Congress intended the VMT offset
provision to advance dates for these broader submissions. Further, EPA
believes that the November 15, 1992 date would not allow sufficient
time for states to have fully developed specific sets of measures that
would comply with all of the elements of the VMT offset requirements of
Section 182(d)(1)(A) over the long term. Consequently, EPA believes it
would be appropriate to interpret the Act to provide the following
alternative set of staged deadlines for submittal of elements of the
VMT offset SIP.
Under this interpretation, the three required elements of Section
182(d)(1)(A) are separable, and can be divided into three separate
submissions on different dates. Section 179(a) of the Act, in
establishing how EPA would be required to apply mandatory sanctions if
a state fails to submit a full SIP also provides that the sanctions
clock starts if a state fails to submit one or more SIP elements, as
determined by the Administrator. EPA believes that this language
provides EPA the authority to determine that the different elements of
a SIP submission are separable. Moreover, given the continued timing
problems addressed earlier, EPA believes it is appropriate to allow
states to separate the VMT offset SIP into three elements, each to be
submitted at different times: (1) The initial requirement to submit
TCMs that offset
[[Page 53625]]
growth in emissions; (2) the requirement to comply with the 15 percent
Rate of Progress requirement of the Act; and (3) the requirement to
comply with the post-1996 periodic reduction and attainment of the
ozone NAAQS.
Under this approach, the first element, the emissions offset
element, was due on November 15, 1992. The EPA believes this element is
not necessarily dependent on the development of the other elements. A
state could submit the emissions growth offset element independent of
an analysis of that element's consistency with the periodic reduction
and attainment requirements of the Act. Emissions trends from other
sources need not be considered to show compliance with this offset
requirement. As submitting this element in isolation does not introduce
the timing problems of advancing deadlines for RFP and attainment
demonstrations, EPA does not believe it is necessary to extend the
statutory deadline for submittal of the emissions growth offset
element.
The second element, which requires the VMT offset SIP to comply
with the 15 percent RFP requirement of the Act, was re-scheduled to be
due on November 15, 1993, which is the same date on which the 15
percent RFP SIP itself was due under Section 182(b)(1) of the Act. EPA
believes it is reasonable to extend the deadline for this VMT offset
element from November 15, 1992 to the date on which the entire 15
percent SIP was due, as this allows states to develop the comprehensive
strategy to address the 15 percent requirement and assure that the TCM
elements required under Section 182(d)(1)(A) are consistent with the
remainder of the 15 percent demonstration. Indeed, EPA believes that
only upon submittal of the broader 15 percent plan can a state have had
the necessary opportunity to coordinate its VMT strategy with its 15
percent plan.
The third element, which requires the VMT offset SIP to comply with
the post-1996 RFP and attainment requirements of the Act, was
rescheduled to be due on November 15, 1994, the statutory deadline for
those broader submissions. EPA believes it is reasonable to similarly
extend the deadline for this VMT element to the date on which the post-
1996 RFP and attainment SIPs are due for the same reason it is
reasonable to extend the deadline for the second element. First, it is
arguably impossible for a state to make the showing required by Section
182(d)(1)(A) for the third element until the broader demonstrations
have been developed by the state. Moreover, allowing states to develop
the comprehensive strategy to address post-1996 RFP and attainment by
providing a fuller opportunity to assure that the TCM elements comply
with the broader RFP and attainment demonstrations will result in a
better program for reducing emissions in the long term.
Section 182(d)(1)(A) of the Act requires New Jersey to offset any
growth in emissions from growth in VMT. As discussed in the General
Preamble, the purpose is to prevent a growth in motor vehicle emissions
from canceling out the emission reduction benefits of the federally
mandated programs in the Act. EPA interprets this provision to require
that sufficient measures be adopted so that projected motor vehicle VOC
emissions will never be higher during the ozone season in one year than
during the ozone season in the year before. When growth in VMT and
vehicle trips would otherwise cause a motor vehicle emissions upturn,
this upturn must be prevented. The emissions level at the point of
upturn becomes a ceiling on motor vehicle emissions. This requirement
applies to projected emissions in the years between the submission of
the SIP revision and the attainment deadline, and is above and beyond
the separate requirements for the RFP and the attainment
demonstrations. The ceiling level is defined, therefore, up to the
point of upturn, as motor vehicle emissions that would occur in the
ozone season of that year, with VMT growth, if all measures for that
area in that year were implemented as required by the Act. When this
curve begins to turn up due to growth in VMT or vehicle trips, the
ceiling becomes a fixed value. The ceiling line would include the
effects of federal measures such as new motor vehicle standards, phase
II RVP controls, and reformulated gasoline, as well as the Act-mandated
SIP requirements.
State Submittal
On November 15, 1992, and November 15, 1993, New Jersey submitted
to EPA requests to revise its SIP for ozone. These submittals had
undergone public hearings on October 27, October 29 and November 5,
1992 and on October 14 and October 19, 1993. In addition, these
submittals underwent significant public review as part of the process
initiated by three New Jersey metropolitan planning organizations
(MPOs); the North Jersey Transportation Planning Authority (NJTPA), the
Delaware Valley Regional Planning Commission (DVRPC) and the South
Jersey Transportation Planning Organization (SJTPO).
EPA is taking direct final approval action for the TCM SIP revision
submitted by the State of New Jersey to revise its SIP to incorporate
TCMs as part of the effort to attain the national ambient air quality
standard for ozone. In its original VMT offset SIP submission, New
Jersey included public transit programs, high occupancy vehicle (HOV)
facilities, traffic flow improvements, park and ride projects,
ridesharing, pedestrian programs, roadway pricing, and others. New
Jersey has subsequently indicated in its submittal of November 15, 1993
that motor vehicle emissions will not at any time increase from those
of the previous year. Therefore, the State is not required to implement
any measures to offset growth in emissions due to growth in VMT. EPA is
approving New Jersey's November 15, 1993 submittal as fulfilling the
requirements of the first element of Section 182(d)(1)(A).
To meet the second element of the VMT SIP, due on November 15,
1993, New Jersey opted to include 136 TCMs in its 15 percent SIP
submittal under Section 182(b) of the Act. The remainder of this notice
discusses these TCMs.
As part of the 15 Percent Plan, New Jersey included TCMs which will
be implemented and which will result in emission reductions. EPA will
be taking action on New Jersey's 15 Percent Plan in another Federal
Register notice in the future, but the TCMs, which are the subject of
this Federal Register notice, can be incorporated into the SIP at this
time.
A total of 136 TCMs are being implemented throughout the State as
part of the MPO process, these are as follows:
Park and Ride Lots (25)
Summit--Springfield Ave: 30 spaces
Clinton--I-78 & Route 31: 50 spaces
Branchburg--Route 202: 67 spaces
Suburban Bus--New Brunswick--Route 27: 30 spaces
Netcong Railroad Station: 132 spaces
Beverwyck--Parsippany/Troy Hills--Route 46: 300 spaces
Newton--Routes 206 & 94: 200 spaces
Westwood: 46 spaces
Stockholm--Hardyston--Routes 23 & 515: 50 spaces
Flemington Outlet--Route 202--Raritan: 100 spaces
Farmers Market--I-95 & Route 413 (Pennsylvania): 100 spaces
Plauderville--Atwater Lane--Railroad Station: 200 spaces
Route 9 Bus--Middlesex/Monmouth Counties: unknown
Orange Bus Terminal: unknown
Turnpike Int 8A--Route 130 & 32--S. Brunswick: 500 spaces
Turnpike Int 10--Edison: 750 spaces
[[Page 53626]]
Turnpike--Vince Lombardi Service Area--Bergen: 1000 spaces
Interchange 153--Passaic: unknown
Montvale Expansion--Bergen: 152 spaces
Interchange 109--Middletown: 65 spaces
Jefferson/Mullica Hill--Route 45--Harrison Township: 40 spaces
Malage--Route 40/Dutch Mill Road--Franklin: 50 spaces
Woodbury--Route 45 & Cooper Street: 50 spaces
Aberdeen--Monmouth County: 400 spaces
Trenton Rail Station: 900 Spaces
Transit Improvements (Sponsored by NJ Transit) (39)
Waterfront Connection--Hudson, Essex, Middlesex, Monmouth Counties
Kearny Connection--Morris, Somerset, Essex, Union Counties
Hackettstown Booton Line Extension--Warren County
Hoboken Transit Hub--Hudson County
Transit Station Bike Lockers and Racks--Statewide
Existing Park and Ride Facilities Program--Select Stations
Summer shore Express Service--North Jersey Coast Line
Atlantic City Rail Line Extension to Philadelphia
Jersey Shore Line Passenger Service to Cape May locations
Route 67 Modified Bus service--Toms River/Lakewood via US 9
Route 303 Broad Street Station--Penn Station Shuttle
Expanded Bus Service Strategies--Statewide
Expanded Service Strategies--Port Newark/Elizabeth
Cape May City Ferry Bus Service
Atlantic City Garage in Egg Harbor
Atlantic County Experimental Services
Weehawken Ferry Terminal Parking
Redesign Plaza at Exchange Place PATH Station for Drop Offs
Gateway Park and Ride shuttle
Traffic Flow Improvements (66)
Closed Loop Signal System (Several Projects Statewide noted as one)
Magic I Motorist Advisory System
Island Beach State Park Motorist Information System
Service Patrols--Morris, Essex, Passaic, and Bergen Counties
I-80 High Occupancy Vehicle Lane
Turnpike High Occupancy Vehicle Lane from Exit 11 to 14
Turnpike Traffic Surveillance and Control System--Exit 8A to GWB
Incident Management Radio System--Statewide
Incident Management State Police Communications Center--Cranbury
Signal Upgrade--Essex County (5 projects)
Interchange Improvements--Garden State Parkway--Statewide
Atlantic City Computerized Signal System
Turning Lanes and Signal Improvements in Cape May (3 projects)
Bridge Motorist Information System--Tacony and Betsy Ross Bridges
Traffic Operations Center--Camden and Burlington Counties
Incident Management--Camden Area Service Patrol
One Way Tolls--Delaware River Crossings (3 Projects)
Burlington County Signal Upgrades and Improvements (21 Projects)
Cumberland County--Arterial Signal System
Mercer County--Intersection and Signalization Improvements
Essex County--Turn Lanes and Signal Modification (6 projects)
Ocean County--Traffic Signal Retiming and Turn Lanes (11 projects)
Atlantic County--Intersection Improvements
Other (6)
Employer Trip Reduction--Statewide
Bayshore Waterfront Bike/Pedestrian way
Traction Line Bikeway--Morris Township
Meadows Path Bikeway--Hudson and Bergen Counties
North Bergen Trail--Pedestrian/Bicycle
Sussex Trails--Pedestrian/Bicycle
The 136 TCMs are predicted to result in a Statewide reduction of
1.4 tons per day of VOCs, out of a total of 209 tons/day for the entire
15 percent plan. Therefore, the TCMs represent 0.7 percent of the
needed reduction. The reductions attributed to the TCMs are broken down
by the three nonattainment areas in New Jersey, as follows: 0.9 tons in
northern New Jersey, 0.3 tons in the Philadelphia metropolitan area of
New Jersey, and 0.2 tons in the Atlantic City area. This equals 1.4
tons Statewide.
The 136 TCMs fall into the following four broad categories. The
percentages represent the portion of the 1.4 tons of reduction
attributed to each category.
Traffic Flow Improvements: 66 projects; 48.6 percent.
Transit Projects: 39 projects; 42.2 percent.
Park and Ride Projects: 25 projects, 7.7 percent.
ETR/Bicycle & Pedestrian Projects: 6 projects. 1.5 percent.
The projects contained in the SIP submittal are being implemented
as part of the Clean Air Act requirement to reduce VOC emissions by 15
percent between 1990 and 1996. The projects will be implemented by 1996
and will assist New Jersey in attaining the NAAQS for ozone.
Implementation of these projects will be tracked and ensured
through the transportation conformity process as required by the
federal transportation conformity regulation (40 CFR Part 93; 1290).
Transportation Improvement Programs (TIPs) which contain TCMs are
developed annually by the three MPOs in the State. This is accomplished
in coordination with several state and federal agencies. The
transportation conformity regulation requires that all TIPs be
consistent with the SIP. Since these projects are contained in the SIP,
failure to include them in the TIP will cause the TIP to not conform.
This could result in transportation projects being halted. Such a
decision is made by the Federal Highway Administration in consultation
with EPA.
There was a significant opportunity for public comment throughout
the TIP development process. MPOs provide access to all information and
utilize public outreach as an important component of the transportation
process. In addition, the development of the 15 percent plan underwent
the public hearing process as required for all SIP amendments.
In March of 1992, EPA released a document entitled Transportation
Control Measure Information Documents, as required by Section 108(f) of
the Clean Air Act Amendments (prepared for EPA by Cambridge
Systematics, Inc). This document includes a detailed description of the
impacts of implementing several distinct types of TCMs, but does not
provide a means to calculate specific emissions reductions from TCM
implementation. New Jersey used this information to evaluate various
TCMs. Chapters include information on employer programs, public
transit, HOV projects, and pedestrian programs. This document is
available through the National Technical Information Service, document
reference number PB92-173-566.
A significant portion of these types of projects were utilized by
New Jersey even though the State is not required to implement any
specific TCMs. Furthermore, any state can implement viable TCMs that
are not included in this list.
Conclusion
The benefits associated with these projects were calculated using
best transportation planning practices. EPA believes that New Jersey
modeled these
[[Page 53627]]
projects to the best of its ability using the best practices available,
and, therefore, approves the project analysis conducted by the State of
New Jersey.
The rationale for EPA's direct approval is that these TCMs were
subject to the extensive public participation process discussed
earlier. The TCMs will effectively reduce VMT and related VOC
emissions, thereby reducing ground level ozone. Therefore, EPA is
approving this revision incorporating these TCMs into New Jersey's SIP.
Regarding the first VMT offset element, New Jersey has identified
and evaluated TCMs to reduce VMT, and has shown that VMT growth will
not result in a growth of motor vehicle emissions that will negate the
effects of the reductions required under the Act and there will not be
an upturn of motor vehicle emissions. Regarding the second element, New
Jersey has submitted a complete 15 percent SIP that contains 136 TCMs
which contribute to its showing that the 15 percent reduction will be
achieved. While EPA is not prepared to take action on New Jersey's 15
percent plan at this time, EPA does not believe that it is necessary to
delay taking action on the second element of the VMT SIP, since to do
so would merely delay action on New Jersey's TCMs into its SIP.
However, if in approving the 15 percent plan approval it is determined
that New Jersey would in fact have to implement additional TCMs to meet
the 15 percent RFP requirement, and a subsequent submission of a
revised 15 percent SIP is required, EPA would have to reevaluate its
approval of the second element of the VMT SIP.
New Jersey has met the first and second requirements of the VMT
offset plan. The third requirement is for New Jersey to use TCMs as
necessary to achieve attainment of the ozone NAAQS and meet post-1996
RFP requirements. This third requirement will be addressed in future
rulemaking after EPA receives and evaluates New Jersey's attainment and
post-1996 RFP SIP submissions.
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.
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 December 16, 1996, unless, by November 14, 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 adverse comments are received, the public is
advised that this rule will be effective December 16, 1996. (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
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. Moreover, 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 182(d) 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 would impose any
mandate upon 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 5 U.S.C. section 801(a)(1)(A) as added 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 the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. section 804(2).
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 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
[[Page 53628]]
Dated: July 29, 1996.
William J. Muszynski,
Deputy 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 52.1582 is amended by adding paragraphs (e) and (f) to
read as follows:
Sec. 52. 1582 Control strategy and regulations: Ozone (volatile
organic substances) and carbon monoxide.
* * * * *
(e) The November 15, 1993 SIP revision adds 136 transportation
control measures to the SIP which will contribute emission reductions
towards meeting the 15 Percent requirement of the ozone SIP.
(f) The November 15, 1993 SIP revision provides a 1993
demonstration that growth in emissions from growth in vehicle miles
traveled will not increase through 2007 and that offsetting emission
reductions are not required.
[FR Doc. 96-26202 Filed 10-11-96; 8:45 am]
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