[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Rules and Regulations]
[Pages 19913-19916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9872]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ33-2-191; FRL-6328-8]


Approval and Promulgation of Implementation Plans; New Jersey 15 
Percent Rate of Progress Plans, Recalculation of 9 Percent Rate of 
Progress Plans and 1999 Transportation Conformity Budget Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a New 
Jersey State Implementation Plan (SIP) revision involving the State's 
Ozone plan. Specifically, EPA is approving the 15 Percent Rate of 
Progress (ROP) Plans, recalculation of the 9 Percent ROP Plans, 
revisions to the 1990 base year emission inventories, revisions to the

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1996 and 1999 projection year emission inventories, and the 1999 
transportation conformity budgets. The intended effect of this action 
is to approve programs required by the Clean Air Act which will result 
in emission reductions that will help achieve attainment of the 1-hour 
national ambient air quality standard for ozone. In addition, this 
approved SIP revision corrects the deficiency which led EPA to 
disapprove, on December 12, 1997, New Jersey's 15 Percent ROP Plans. 
Consequently, the sanction and Federal Implementation Plan (FIP) 
process that was started by EPA's disapproval are terminated. The 
sanction clock associated with the State's failure to implement the 
enhanced inspection and maintenance program continues to run.

EFFECTIVE DATE: This rule will be effective April 23, 1999.

ADDRESSES: Copies of the State'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, 25th 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, Air Docket (6102), 401 M Street, S.W., Washington, 
D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Paul R. Truchan, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10278, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 1, 1999 (64 FR 9952), EPA proposed approval of New 
Jersey's State Implementation Plan (SIP) submittals of July 30, 1998 
and February 10, 1999. The July and February SIP submittals address the 
requirements for the two severe ozone nonattainment areas in New 
Jersey--the New York, Northern New Jersey, Long Island Area, and the 
Philadelphia, Wilmington, Trenton Area. For the purposes of this 
action, these areas will be referred to as, respectively, the Northern 
New Jersey nonattainment area (NAA) and the Trenton NAA. The counties 
located within the Northern New Jersey NAA are: Bergen, Essex, Hudson, 
Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, 
Sussex, and Union. The counties within the Trenton NAA are: Burlington, 
Camden, Cumberland, Gloucester, Mercer, and Salem.
    The following Clean Air Act (CAA) requirements were included in the 
March 1, 1999 proposal: revisions to the 1990 base year ozone emission 
inventory; revisions to the 1996 and 1999 ozone projection emission 
inventories; and the 1999 transportation conformity budgets. EPA also 
proposed approval of New Jersey's 15 Percent Rate of Progress (ROP) 
Plans and recalculation of the 9 Percent ROP Plans. New Jersey's two 
SIP submittals revised the previously submitted 15 Percent ROP Plans 
and 9 Percent ROP Plans dated December 31, 1996 and February 25, 1997.
    New Jersey's new 15 ROP Plans will achieve the required emission 
reductions by November 15, 1999. This is the same date that the 
reductions would have been achieved had the enhanced I/M program 
started on time. The new measures along with the previously approved 
measures in the new 15 Percent ROP Plans being approved today meets 
EPA's ``as soon as practicable'' criteria.
    A detailed discussion of the SIP revisions and EPA's rationale for 
approving them is contained in the March 1, 1999 proposal and will not 
be restated here. The reader is referred to the proposal for more 
details.

II. Public Comments

    In response to EPA's proposed action on this New Jersey SIP 
revision, no comments were received.

III. Federal Implementation Plan

    On December 12, 1997, EPA announced by letter that its conditional 
approval of New Jersey's 15 Percent ROP Plans had converted to a 
disapproval because the enhanced inspection and maintenance program, 
which was part of the State's plans, did not start as scheduled and 
resulted in an emission reduction shortfall. This disapproval applied 
to the New Jersey portions of the two severe ozone nonattainment areas: 
the Northern New Jersey NAA and the Trenton NAA.
    EPA's disapproval of New Jersey's 15 Percent ROP Plans triggered an 
obligation to promulgate a Federal Implementation Plan (FIP). For the 
Trenton NAA, EPA has been under a Consent Agreement to propose a FIP by 
January 15, 1999, and to adopt the FIP by August 15, 1999. EPA 
developed such a FIP and proposed it on January 22, 1999 (64 FR 3465).
    Today's approval of the July 30, 1998 addendum and the February 10, 
1999 State Implementation Plan revision for the Northern New Jersey and 
Trenton nonattainment areas eliminates the shortfall identified in 
EPA's December 12, 1997 disapproval of New Jersey's 15 Percent ROP 
Plans and, thereby, terminates the sanction process associated with 
this deficiency and the requirement for EPA to promulgate a FIP. 
Therefore, EPA will not proceed with the FIP proposal which was 
published on January 22, 1999 (64 FR 3465). The sanction clock 
associated with the State's failure to implement the enhanced 
inspection and maintenance program, which was included in the December 
12, 1997 disapproval, continues to run.

IV. Conclusion

    EPA has evaluated these submittals for consistency with the CAA and 
Agency regulations and policy. EPA is approving New Jersey's: revisions 
to the 1990 base year ozone emission inventory; revisions to the 1996 
and 1999 ozone projection emission inventories; 15 Percent ROP Plans, 
recalculation of the 9 Percent ROP Plans; and the 1999 transportation 
conformity budgets for the North Jersey Transportation Planning 
Authority, South Jersey Transportation Planning Organization, and 
Delaware Valley Regional Planning Commission.
    EPA is making its approval of today's action effective upon the 
date of publication in the Federal Register, based upon a finding of 
good cause. Approval of this action would relieve restrictions that 
have been placed on New Jersey when EPA disapproved its SIP on December 
12, 1997 and will not adversely affect other parties. The sanction 
clock associated with the State's failure to implement the enhanced 
inspection and maintenance program, which was included in the December 
12, 1997 disapproval, continues to run.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive

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Order 12875 requires EPA to provide to the Office of Management and 
Budget a description of the extent of EPA's prior consultation with 
representatives of affected State, local and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of State, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1 of Executive Order 
12875 do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    EPA interprets E.O. 13045 as applying only to those regulatory 
actions that are based on health or safety risks, such that the 
analysis required under section 5-501 of the Order has the potential to 
influence the regulation. This SIP approval is not subject to E.O. 
13045 because it approves a state program implementing a Federal 
standard, and it is not economically significant under E.O. 12866.

D. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, EPA certifies that this action will not 
have a significant economic impact on a substantial number of small 
entities. Moreover, due to the nature of the Federal-State relationship 
under the Clean Air Act, preparation of 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. U.S. EPA, 427 U.S. 246, 
255-66 (1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major'' rule as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 22, 1999. 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 action may not be challenged later in proceedings 
to

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enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: April 12, 1999.
William J. Muszynski,
Acting Regional Administrator, Region 2.

    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 et seq.


Sec. 52.1580  [Amended]

    2. Section 52.1580 is amended by removing and reserving paragraph 
(b).


Sec. 52.1581  [Removed and Reserved]

    3. Section 52.1581 is removed and reserved.
    4. Section 52.1582 is amended by adding a sentence to the end of 
paragraph (d)(1) and by revising paragraphs (d)(3) and (d)(4) and 
adding new paragraph (g) as follows:


Sec. 52.1582  Control strategy and regulations: Ozone (volatile organic 
substances) and carbon monoxide.

* * * * *
    (d)(1) * * * Revisions to the 1990 base year emission inventory 
dated February 10, 1999 for the New York/Northern New Jersey/Long 
Island and Philadelphia/Wilmington/Trenton nonattainment areas of New 
Jersey have been approved.
* * * * *
    (3) The 1996 and 1999 ozone projection year emission inventories 
included in New Jersey's July 30, 1998 addendum and February 10, 1999 
State Implementation Plan revision for the New York/Northern New 
Jersey/Long Island and Philadelphia/Wilmington/Trenton nonattainment 
areas have been approved.
    (4) The conformity emission budgets for the McGuire Air Force Base 
included in New Jersey's December 31, 1996 State Implementation Plan 
revision have been approved. The 1999 conformity emission budgets for 
the North Jersey Transportation Planning Authority, South Jersey 
Transportation Planning Organization and Delaware Valley Regional 
Planning Commission included in New Jersey's July 30, 1998 addendum and 
the February 10, 1999 State Implementation Plan revision have been 
approved.
* * * * *
    (g) The 15 Percent Rate of Progress (ROP) Plans and the 
recalculation of the 9 Percent ROP Plans included in the July 30, 1998 
addendum and the February 10, 1999 State Implementation Plan revision 
for the New York/Northern New Jersey/Long Island and Philadelphia/
Wilmington/Trenton nonattainment areas have been approved.

[FR Doc. 99-9872 Filed 4-22-99; 8:45 am]
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