[Federal Register Volume 69, Number 123 (Monday, June 28, 2004)]
[Proposed Rules]
[Pages 36035-36038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14605]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. R02-OAR-2004-NJ-0002, FRL-7779-3]


Approval and Promulgation of Implementation Plans; New Jersey; 
Revised Motor Vehicle Transportation Conformity Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the New Jersey State 
Implementation Plan (SIP) transportation conformity budgets for carbon 
monoxide and ozone precursors. These budgets are being revised to 
reflect updated modeling estimates, as well as updated vehicle 
registration data. The intended effect of this action is to approve a 
SIP revision that will help the State continue to maintain the carbon 
monoxide National Ambient Air Quality Standards (NAAQS) and to continue 
progress in attainment of the 1-hour NAAQS for ozone in the Northern 
New Jersey-New York-Long Island nonattainment area (NAA).

DATES: Comments must be received on or before July 28, 2004. Public 
comments on this action are requested and will be considered before 
taking final action.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R02-OAR-2004-NJ-0002 by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ Regional Material 
in EDocket (RME), EPA's electronic public docket and comment system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    3. E-mail: [email protected]
    4. Fax: (212) 637-3901.
    5. Mail: ``RME ID Number R02-OAR-2004-NJ-0002'', Raymond Werner, 
Chief, Air Programs Branch, Environmental Protection Agency, Region 2 
Office, 290 Broadway, 25th Floor, New York, New York 10007-1866.
    6. Hand Delivery or Courier. Deliver your comments to: Raymond 
Werner,

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Chief, Air Programs Branch, Environmental Protection Agency, Region 2 
Office, 290 Broadway, 25th Floor, New York, New York 10007-1866. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID Number R02-OAR-2004-NJ-0002. EPA's policy is that all comments 
received will be included in the public docket without change and may 
be made available online at http://docket.epa.gov/rmepub/, including 
any personal information provided, unless the comment includes 
information claimed to be Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Do not 
submit information that you consider to be CBI or otherwise protected 
through Regional Material in EDocket (RME), regulations.gov, or e-mail. 
The EPA RME Web site and the federal regulations.gov Web site are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD--ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in hard copy at the Air 
Programs Branch, Environmental Protection Agency, Region 2 Office, 290 
Broadway, 25th Floor, New York, New York 10007-1866. EPA requests that 
if at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Reema Persaud, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-4249, [email protected].

SUPPLEMENTARY INFORMATION: This document is being proposed under a 
procedure called parallel processing. Under parallel processing, EPA 
proposes action on a state submission before it has been formally 
adopted and submitted to EPA, and will take final action on its 
proposal if the final submission is substantially unchanged from the 
submission on which the proposal is based, or if significant changes in 
the final submission are anticipated and adequately described in EPA's 
proposal as a basis for EPA's proposed action.
    New Jersey held a public hearing on its proposed SIP revision on 
April 14, 2004. If New Jersey's proposed SIP revision is substantially 
changed, EPA will evaluate those changes and may publish another notice 
of proposed rulemaking. If no substantial changes are made, EPA will 
take final action on the State's plan consistent with this proposal and 
any submitted comments. Before EPA can approve this SIP revision, New 
Jersey must adopt the SIP revision and submit it formally to EPA for 
incorporation into the SIP.

Table of Contents

1. Background
2. What is MOBILE6?
3. What is the purpose and content of New Jersey's submittal?
4. Are New Jersey's motor vehicle emissions budgets approvable?
5. Summary of Conclusions and Proposed Action
6. Statutory and Executive Order Reviews

1. Background

    All states whose attainment demonstrations or maintenance plans 
included interim MOBILE5-based estimates for EPA's Tier 2 standards 
were required to revise and resubmit their budgets within 1 or 2 years 
of the final release of MOBILE6 in order to gain SIP approval. On 
January 31, 2003, New Jersey submitted its first MOBILE6 submittal. 
This SIP submittal demonstrated the continued attainment of the ozone 
standard, and was approved by EPA on May 5, 2003, see 68 FR 23662.
    On March 15, 2004, New Jersey submitted a, SIP revision 
(hereinafter referred to as the March 15, 2004 submittal) that 
demonstrated the continued attainment of the CO standard using MOBILE6 
modeling. The previous MOBILE5-based CO estimates were approved by EPA 
on July 25, 1996, see 61 FR 38591. Also included in the March 15, 2004 
revision were revised budgets for the one-hour ozone attainment 
demonstration using 2002 vehicle registration data for the New Jersey 
portions of the two severe ozone NAAs--the New York-Northern New 
Jersey-Long Island Area, the Northern New Jersey NAA and the Trenton-
Philadelphia-Wilmington NAA.

2. What Is MOBILE6?

    MOBILE6 is an EPA emissions factor model for estimating pollution 
from on-road motor vehicles in states outside of California. MOBILE 
calculates emissions of volatile organic compounds (VOCs), nitrogen 
oxides (NOX) and carbon monoxide (CO) from passenger cars, 
motorcycles, buses, and light-duty and heavy-duty trucks. The model 
accounts for the emission impacts of factors such as changes in vehicle 
emission standards, changes in vehicle populations and activity, and 
variation in local conditions such as temperature, humidity, fuel 
quality, and air quality programs. Further details on MOBILE models can 
be found in EPA's final approval of the State's 2003 MOBILE6 SIP 
revision at 68 FR 23662 (May 5, 2003), and also at http://www.epa.gov/otaq/mobile6.htm.

3. What Is the Purpose and Content of New Jersey's Submittal?

    The purpose of the SIP revision the State submitted on March 15, 
2004 is to revise the existing CO budget estimates using MOBILE6, and 
to incorporate updated 2002 vehicle registration data that has recently 
been made available to New Jersey. The CO budgets are being updated to 
ensure consistency with the requirement that New Jersey Metropolitan 
Planning Organizations (MPOs) use EPA's latest MOBILE model for their 
conformity determinations. The VOC and NOX budgets for the 
North Jersey Transportation Planning Authority are also being updated 
to incorporate the 2002 vehicle registration information.

4. Are New Jersey's Motor Vehicle Emissions Budgets Approvable?

    Table 1 below summarizes New Jersey's revised budgets contained in 
the

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March 15, 2004 submittal. These budgets were developed using the latest 
planning assumptions, including the latest MOBILE model, 2002 vehicle 
registration data, VMT, speeds, fleet mix, and SIP control measures. 
For the North Jersey Transportation Planning Authority (NJTPA) the 2005 
VOC and NOX budgets are revised budgets based on the 
Reasonable Further Progress (RFP) Plans, while the 2007 VOC and 
NOX budgets are revised attainment year budgets. The CO 
budgets are updated maintenance budgets using MOBILE6 modeling, as well 
as 2002 vehicle registration data. EPA is proposing to approve all of 
these budgets.
    The MOBILE6 modeling predicts an increase in the NOX 
budget of 3.01 tons per day and a reduction in the VOC budget of 13.7 
tons per day for NJTPA in 2005. Also, the updated modeling estimates an 
increase in the NOX budget of 1.15 tons per day and a 
reduction in the VOC budget of 12.95 tons per day in 2007. The March 
15, 2004 submittal demonstrated that the new levels of motor vehicle 
budgets calculated using MOBILE6, compared to MOBILE5 based budgets, 
continue to support achievement of the rate of progress requirements 
and projected attainment of the 1-hour ozone NAAQS for the Northern New 
Jersey nonattainment area by 2007.
    Generally, EPA's updated version of the motor vehicle emissions 
model, MOBILE6 results in greater emission when compared to MOBILE5. 
The emission factors generated by the MOBILE6 modeling are higher than 
those estimated with the MOBILE5 model in the years before 2007. When 
comparing budgets generated for 1997 there was an increase in the 
budgets of 860.31 tons of CO per day when compared to MOBILE5 modeling. 
However, the monitored CO concentrations continue to indicate a 
downward trend. Similarly, through MOBILE6 modeling, estimates for the 
Northern New Jersey maintenance area for year 2007 indicate an increase 
in the CO budget of 290.98 tons per day, and an increase of 115.18 tons 
per day for the year 2014 over the emission estimates of prior budgets. 
EPA attributes the increased emissions to the way the MOBILE models 
calculates emissions, rather than an increase in emission trends. Since 
future conformity determinations will be modeled using MOBILE6, the 
revised emission budgets are appropriate.
    The CO updates for SJTPO indicated a 32.55 tons per winter day 
increase in the estimated conformity budgets for Atlantic County and 
0.88 tons per winter day increase for Salem County. The updated budgets 
for CO for DVRPC indicate a 32.85 tons per winter day increase for 
Burlington County, and 20.4 tons per winter day increase for Mercer 
County, and 13.96 tons per winter day decrease in the CO budget for 
Camden County. As discussed above, the changes to the CO emission 
budgets do not affect the CO maintenance plan trends. There continues 
to be a downward trend in CO emissions, therefore EPA proposes to 
approve these budgets.
    The March 15, 2004 SIP revision demonstrated that the updated 
budgets continue to support the predicted achievements of the rate of 
progress and the projected attainment of the 1-hour ozone NAAQS for 
Northern New Jersey/New York City/Long Island nonattainment area by 
attainment date 2007. The SIP submittal also indicates that with the 
MOBILE6 modeling together with the downward CO air quality monitoring 
trends, emission trends over time are still downward, so the updates to 
the CO budgets do not affect the continued maintenance of the CO NAAQS 
for each CO maintenance area.

                                                  Table 1.--New Jersey Motor Vehicle Emissions Budgets
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                                                   CO emissions  (tons per winter day)             VOC emissions  (tons per    NOX emissions  (tons per
                                        ---------------------------------------------------------         ozone day)                  ozone day)
                                                                                                 -------------------------------------------------------
                                             1997                  2007                 2014          2005          2007          2005          2007
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North Jersey Transportation Planning       \1\1550.74  783.39                             605.63    \2\ 148.27    \2\ 125.82    \2\ 253.06    \2\ 198.34
 Authority (NJTPA).
South Jersey Transportation Planning           \3\ NA  Atlantic Co.                           NA            NA            NA            NA            NA
 Organization (SJTPO).                                 91.68
                                                       Salem Co.
                                                       31.99
Delaware Valley Regional Planning                  NA  Burlington Co.                         NA            NA            NA            NA           NA
 Commission (DVRPC).                                   170.43
                                                       Camden Co.
                                                       149.73
                                                       Mercer Co.
                                                       128.49
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\1\ For Passaic, Bergen, Essex, Hudson and Union counties.
\2\ For all counties within the MPO.
\3\ NA--Budgets revisions not applicable.

5. Summary of Conclusions and Proposed Action

    This revision is being proposed under a procedure called parallel 
processing, whereby EPA proposes rulemaking action concurrently with 
the State's procedures for amending its regulations. If the proposed 
revision is substantially changed, EPA will evaluate those changes and 
may publish another notice of proposed rulemaking. If no substantial 
changes are made, EPA will publish a final rulemaking on the revisions. 
The final rulemaking action by EPA will occur only after the SIP 
revision has been adopted by New Jersey and submitted formally to EPA 
for incorporation into the SIP.
    EPA is proposing to approve New Jersey's proposed SIP revision 
submitted on March 15, 2004. The submittal revises New Jersey's 
transportation conformity budgets for CO and ozone precursors. MOBILE6 
modeling, which incorporated 2002 vehicle registration data indicates 
that together with the downward CO air quality monitoring trends, 
emission trends over time are still downward and the updates to the CO 
budgets do not affect the continued maintenance of the CO NAAQS for 
each CO maintenance area. The updated volatile organic

[[Page 36038]]

compound and oxides of nitrogen budgets continue to support the 
predicted achievements of the rate of progress and the projected 
attainment of the 1-hour ozone NAAQS for Northern New Jersey/NewYork 
City/Long Island nonattainment area by the attainment date of 2007.

6. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does not have substantial 
direct effects on the 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 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

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

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 17, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 04-14605 Filed 6-25-04; 8:45 am]
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