[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59638-59642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27793]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. NJ35-2-195a FRL-6461-7]
Approval and Promulgation of Air Quality Implementation Plans;
New Jersey; Approval of National Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the State of New Jersey
on February 22, 1999. That revision committed that the State will
accept compliance with the National Low Emission Vehicle (National LEV)
program requirements as a compliance option for new motor vehicles sold
in the State. New Jersey has previously adopted the California Low
Emission Vehicle (CAL LEV) program, but the State has made clear that
National LEV is the preferred motor vehicle control program. Auto
manufacturers have agreed to sell cleaner vehicles meeting the National
LEV standards throughout New Jersey for the duration of the
manufacturers' commitments to the National LEV program. This SIP
revision is required as part of the agreement between states and
automobile manufacturers to ensure the continuation of the National LEV
program to supply clean cars throughout most of the country, beginning
with 1999 model year vehicles in Northeastern states and extending to
other states beginning with 2001 model year vehicles.
DATES: This rule is effective on January 3, 2000 without further
notice, unless EPA receives adverse comment by December 3, 1999. If we
receive such comment, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Comments may be mailed to: Raymond Werner, Acting Chief, Air
Programs Branch, Environmental Protection Agency, Region 2, 290
Broadway, 25th Floor, New York, NY 10007-1866.
Copies of the State submittal are available for public inspection
during normal business hours, by appointment, at the following
addresses:
Environmental Protection Agency, Region 2, Air Programs Branch, 290
Broadway, 25th Floor, New York, NY 10007-1866.
New Jersey Department of Environmental Protection, Bureau of Air
Quality Planning, 401 East State Street, CN027, Trenton, New Jersey
08625
FOR FURTHER INFORMATION CONTACT: Michael P. Moltzen, Air Programs
Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New
York, NY 10007-1866, (212) 637-3710.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. What action is EPA taking today?
2. What is the National Low Emission Vehicle program?
3. What is New Jersey's role in the National LEV program?
4. Final Action
5. Administrative Requirements
1. What Action Is EPA Taking Today?
The EPA is approving New Jersey's State Implementation Plan (SIP)
revision, submitted on February 22, 1999, which fulfills the State's
obligation to incorporate its commitment to the National Low Emission
Vehicle (National LEV) program in the SIP. The submittal contains
amendments, adopted on February 3, 1999, to the State's ``Ozone
Transport Commission--Low Emission
[[Page 59639]]
Vehicle'' (OTC-LEV) program rules at N.J.A.C. 7:27-26. These changes
complete New Jersey's process of agreeing to participate in, or
``opting into'' the National LEV program.
The State's commitment to opt into the National LEV program was
stated by Governor Christine Todd Whitman in her January 28, 1998
letter to the EPA Administrator. New Jersey's regulations now provide
that the National LEV program is an acceptable compliance option, in
addition to the California low emission vehicle (CAL LEV) program, for
new motor vehicles sold in the State.
New Jersey had previously adopted the CAL LEV program, but had also
specified that National LEV would be the State's preferred motor
vehicle control program if it became effective. Based on the opt-ins
and commitments of the auto manufacturers and the Northeastern states,
on March 2, 1998, EPA determined that National LEV is in effect. New
Jersey's SIP revision is required as part of the agreement between
states and automobile manufacturers to ensure the continuation of this
program to bring clean cars throughout the country, beginning with 1999
model year vehicles in the Northeast.
The final National LEV rule stated that if states submitted SIP
revisions containing language substantively identical to the language
in the National LEV regulations without additional conditions, and if
the submissions met the Clean Air Act requirements for approvable SIP
submissions, we would not need to go through notice-and-comment
rulemaking to approve the SIP revisions. In the National LEV
rulemaking, we provided full opportunity for public comment on the
language for the SIP revisions. Thus, as discussed in more detail in
the final rule, the requirements for EPA approval are easily verified
objective criteria. See 63 FR 936 (January 7, 1998). While we believe
that we could have appropriately approved the New Jersey submittal
without providing for additional notice and comment, we nonetheless
decided to take this action as a direct final rulemaking, which allows
an opportunity for further public comment. Here, we are not under a
timing constraint that would support a shorter rulemaking process, and
thus we decided there was no need to deviate from EPA's usual
procedures for SIP approvals.
2. What Is the National Low Emission Vehicle Program?
The National Low Emission Vehicle (National LEV) program is a
voluntary nationwide clean car program, designed to reduce smog and
other pollution from new motor vehicles. On January 7, 1998, (63 FR
926) EPA published a final rule outlining the National LEV program. The
National LEV regulations allow auto manufacturers to commit to meet
tailpipe standards for cars and light light-duty trucks that are more
stringent than EPA can mandate. The regulations provided that the
program would come into effect only if Northeastern states and the auto
manufacturers voluntarily signed up for it. On March 9, 1998 (63 FR
11374), EPA published a notice finding that nine Northeastern states
(New Jersey, New Hampshire, Rhode Island, Connecticut, Pennsylvania,
Maryland, Virginia, Delaware and the District of Columbia) and 23
manufacturers had opted into the National LEV program and that the
program is in effect. Now that it is in effect, National LEV is
enforceable in the same manner as any other federal new motor vehicle
program.
National LEV will achieve significant air pollution reductions
nationwide. In addition, the program provides substantial harmonization
of federal and California new motor vehicle standards and test
procedures, which enables manufacturers to design and test vehicles to
one set of standards nationwide. The National LEV program demonstrates
how cooperative, partnership efforts can produce a smarter, cheaper
program that reduces regulatory burden while increasing protection of
the environment and public health.
The National LEV program will result in substantial reductions in
non-methane organic gases (NMOG) and nitrous oxides (NOX),
which contribute to unhealthy levels of smog in many areas across the
country. National LEV vehicles are 70% cleaner than today's model
requirements under the Clean Air Act. This voluntary program provides
auto manufacturers flexibility in meeting the associated standards as
well as the opportunity to harmonize their production lines and make
vehicles more efficiently.
National LEV vehicles were estimated to cost an additional $76
above the price of vehicles otherwise required today, but it is
expected that due to factors such as economies of scale and historical
trends related to emission control costs, the per vehicle cost will be
even lower. This incremental cost is less than 0.5% of the price of an
average new car. In addition, the National LEV program will help ozone
nonattainment areas across the country improve their air quality as
well as reduce pressure to make further, more costly emission
reductions from stationary industrial sources.
Because it is a voluntary program, National LEV was set up to come
into effect, and will remain in effect, only if the Northeastern state
and auto manufacturer participants commit to the program and abide by
their commitments. The states and manufacturers initially committed to
the program through opt-in notifications to EPA, which were sufficient
for EPA to find that National LEV had come into effect. The National
LEV regulations provide that the second stage of the state commitments
is to be made through SIP revisions that incorporate the state
commitments to National LEV in state regulations, which EPA will
approve into the federally-enforceable SIPs. The National LEV
regulations laid out the elements to be incorporated in the SIP
revisions, the timing for such revisions, and the language (or
substantively similar language) that needs to be included in a SIP
revision to allow EPA to approve the revision as adequately committing
the state to the National LEV program. In today's action, EPA is
approving the National LEV SIP revision for New Jersey as adequately
committing the State to the program. EPA expects to take similar action
for the other states that have elected to join the National LEV program
in the future.
3. What Is New Jersey's Role in the National LEV Program?
Along with eight other Northeast states, New Jersey has chosen to
participate in and accept National LEV as an alternative motor vehicle
control program. New Jersey has adopted state clean vehicle rules which
include provisions for a program identical to the California low
emission vehicle (CAL LEV) program, pursuant to section 177 of the
Clean Air Act. The motor vehicle program rules, originally adopted on
November 22, 1995, are titled ``Ozone Transport Commission--Low
Emission Vehicle program'' (OTC-LEV) and are codified at N.J.A.C. 7:27-
26. These rules explicitly provide that motor vehicle manufacturers
could comply with a national program as an alternative to the CAL LEV
program in New Jersey.
The State adopted amendments, on February 3, 1999, to its OTC-LEV
program rules. Those amendments, transmitted in the SIP submittal we
are acting on today, modify the OTC-LEV rule to accept compliance with
National LEV, specifically, as the auto manufacturers' alternative to
compliance with the section 177 CAL LEV requirements. The State's
regulations now provide that for the duration of New Jersey's
participation in
[[Page 59640]]
National LEV, manufacturers may comply with National LEV or equally
stringent mandatory federal standards in lieu of compliance with the
CAL LEV program adopted pursuant to section 177. The regulations accept
National LEV as a compliance alternative for requirements applicable to
passenger cars, light light-duty trucks, and light-duty trucks designed
to operate on gasoline. The regulations further provide that New
Jersey's participation in National LEV conditionally extends until
model year 2006. The condition is that by the end of calendar year
2000, EPA must adopt mandatory standards at least as stringent as the
National LEV standards. Such standards would apply to new motor
vehicles beginning in model year 2004, 2005 or 2006. If EPA does not
adopt such standards by that date, the State's participation in
National LEV would extend only until model year 2004. Through this
regulation and its amendments, the State has adequately committed to
the National LEV program, as provided in the final National LEV rule.
4. Final Action
EPA has evaluated the SIP revision submitted by New Jersey and have
determined it is consistent with the EPA National LEV regulations and
meets the Clean Air Act section 110 requirements for SIP approvals.
Therefore, EPA is approving the New Jersey ``OTC-LEV'' program rules as
amended on February 3, 1999, and submitted on February 22, 1999, into
the New Jersey SIP.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective January 3, 2000
without further notice unless the Agency receives adverse comment by
December 3, 1999.
If EPA receives adverse comment, then EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments received in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
5. Administrative Requirements
A. Executive Order 12866
Regulatory Impact Analysis
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 Orders on Federalism
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 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(a) of Executive
Order 12875 do not apply to this rule.
On August 4, 1999, President Clinton issued a new executive order
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),)
which will take effect on November 2, 1999. In the interim, the current
Executive Order 12612 (52 FR 41685 (October 30, 1987)) on federalism
still applies. This rule will not have a substantial direct effect on
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 12612.
The rule affects only one state, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
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.
This rule is not subject to E.O. 13045 because it is not
``economically significant'' as defined under E. O. 12866, and does not
involve an action that addresses environmental or safety risks.
D. Executive Order 13084
Consultation and Coordination With Indian Tribal Governments
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly 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. If the mandate is unfunded,
EPA must provide to the OMB, 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. Accordingly, the requirements
of section 3(b) of E.O. 13084 do not apply to this rule.
E. Impact on Small Entities
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
[[Page 59641]]
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, I certify 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 sections 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 the 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 this final approval action 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 January 3, 2000. 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 enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: September 27, 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.
Subpart FF--New Jersey
2. Section 52.1570 is amended by adding new paragraph (c)(67) to
read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
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(67) Revision to the New Jersey State Implementation Plan (SIP) for
ozone, submitting amended New Jersey Ozone Transport Commission--Low
Emission Vehicle (OTC-LEV) program, Opting into the National Low
Emission Vehicle (National LEV) Program, dated February 22, 1999,
submitted by the New Jersey Department of Environmental Protection
(NJDEP).
(i) Incorporation by reference: Title 7, Chapter 27, Subchapter 26,
``Ozone Transport Commission--Low Emission Vehicles Program,''
effective March 1, 1999.
(ii) Additional information: Letter from the New Jersey Department
of Environmental Protection Commissioner Shinn, dated February 22,
1999, submitting a revision to the New Jersey State Implementation Plan
for the National Low Emission Vehicle program.
3. Section 52.1605 is amended by revising the entry for
``Subchapter 26'' under the heading ``Title 7, Chapter 27'' in
numerical order to read as follows:
Sec. 52.1605 EPA-approved New Jersey regulations.
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State regulation State effective date EPA approved date Explanation
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* * * * * * *
Title 7, Chapter 27
[[Page 59642]]
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Subchapter 26, ``Ozone Transport March 1, 1999................... Nov. 3, 1999................... Provides that for the duration of New Jersey's
Commission--Low Emission Vehicles participation in National Low Emission Vehicle
Program''. (LEV), manufacturers may comply with National
LEV or equally stringent mandatory federal
standards in lieu of compliance with the
California LEV program adopted pursuant to
section 177. The regulations accept National
LEV as a compliance alternative for
requirements applicable to passenger cars,
light light-duty trucks, and light-duty trucks
designed to operate on gasoline.
* * * * * * *
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[FR Doc. 99-27793 Filed 11-2-99; 8:45 am]
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