[Federal Register Volume 71, Number 131 (Monday, July 10, 2006)]
[Rules and Regulations]
[Pages 38770-38772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10743]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2006-0342; FRL-8191-2]


Approval and Promulgation of Implementation Plans; Carbon 
Monoxide Maintenance Plan, Conformity Budgets, Emissions Inventories; 
State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of New 
Jersey. This revision establishes an updated ten-year carbon monoxide 
(CO) maintenance plan for the Nine Not-Classified Areas in the State 
(the City of Atlantic City, the City of Burlington, the Borough of 
Freehold, the Town of Morristown, the Borough of Penns Grove, the City 
of Perth Amboy, the Borough of Somerville, the Toms River Area, and the 
City of Trenton) and Camden County. In addition, this action approves 
revisions to the CO, NOX, VOC, and PM2.5 motor 
vehicle emissions budgets for Northern New Jersey. Finally, this notice 
approves revisions to the general conformity budget for McGuire Air 
Force Base and the 2002 ozone, PM2.5, and CO base year 
emissions inventories, where applicable.
    The Nine Not Classified Areas and Camden County were redesignated 
to attainment of the CO National Ambient Air Quality Standard (NAAQS) 
on February 5, 1996 and maintenance plans were also approved at that 
time. By this action, EPA is approving the New Jersey Department of 
Environmental Protection's (New Jersey) second maintenance plans for 
these areas because they provide for continued attainment of the CO 
NAAQS for an additional ten years. The intended effect of this 
rulemaking is to approve a SIP revision that will insure continued 
maintenance of the CO NAAQS.

EFFECTIVE DATE: This rule will be effective July 10, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R02-OAR-2006-0342. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (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 through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Environmental Protection Agency, Region 2 Office, 
Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 
10007-1866. Copies of the State submittal are available at the New 
Jersey Department of Environmental Protection, Office of Energy, Bureau 
of Air Quality Planning, 401 East State Street, CN027, Trenton, New 
Jersey 08625.

FOR FURTHER INFORMATION CONTACT: Henry Feingersh 
[email protected] for general questions, Raymond Forde 
[email protected] for emissions inventory questions, or Matthew 
Laurita [email protected] for mobile source related questions at 
the U.S. Environmental Protection Agency, Air Programs Branch, 290 
Broadway, 25th Floor, New York, NY 10007-1866, telephone number (212) 
637-4249, fax number (212) 637-3901.

SUPPLEMENTARY INFORMATION: 

I. What Was Included in New Jersey's Submittal?

    On February 21, 2006, New Jersey submitted a SIP revision to EPA 
which included a CO limited maintenance plan, revisions to the CO, 
NOX, and VOC motor vehicle emissions budgets for northern 
New Jersey, PM2.5 motor vehicle emissions budgets for 
northern New Jersey, revisions to the general conformity budget for 
McGuire Air Force Base, and the 2002 ozone, PM2.5, and CO 
base year emissions inventories, where applicable. When they made the 
submittal, New Jersey had requested that EPA parallel process their SIP 
revision. New Jersey held a public hearing on March 31, 2006 on their 
proposed SIP revision and accepted written comments until April 7, 
2006. New Jersey addressed all of the comments and made a subsequent 
adopted submittal on May 18, 2006.

II. What Were the Changes From the February 21, 2006 Submittal?

    The May 18, 2006 submittal had minor changes from the original 
submittal as a result of comments received by New Jersey during the 
state rulemaking process. The May 18, 2006 submittal contained 
additional information and clarifications which acted to strengthen the 
original

[[Page 38771]]

submittal which EPA proposed to approve on May 9, 2006. EPA evaluated 
the changes and has decided that they are non-substantive changes. That 
is, the changes do not effect our earlier proposal to approve the SIP 
revision.

III. What Comments Did EPA Receive in Response to the May 9, 2006 EPA 
Proposal?

    EPA proposed approval on the New Jersey SIP revision on May 9, 2006 
(71 FR 26895). The comment period closed on June 8, 2006. EPA did not 
receive any comments.

IV. What Is the Adequacy Status of the CO Limited Maintenance Plan for 
Camden County and the Nine Not Classified Areas?

    Section 118(e) of the transportation conformity rule (40 CFR 93) 
states that a conformity determination cannot be made using submitted 
motor vehicle emission budgets (``budgets'') until EPA makes a positive 
determination that the submitted budgets are adequate. In accordance 
with our rule, the limited maintenance plan for Camden County and the 
Nine Not Classified Areas was posted for adequacy review on April 18, 
2006 on EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm htm.
    As a general rule, however, limited maintenance plans, such as the 
maintenance plan for Camden County and the Nine Not Classified Areas, 
do not include budgets. Instead, for those areas that qualify under our 
limited maintenance plan policy for CO, we have concluded that the area 
will continue to maintain the CO NAAQS regardless of the quantity of 
emissions from the on-road transportation sector, and thus there is no 
need to cap emissions from the on-road transportation sector for the 
maintenance period.
    Therefore, EPA's adequacy review of the limited maintenance plan 
for Camden County and the Nine Not Classified Areas primarily focuses 
on whether the area qualifies for the applicable limited maintenance 
plan policy for CO. From our review, EPA has concluded that Camden 
County and the Nine Not Classified Areas meet the criteria for a 
limited maintenance plan, and therefore, finds the maintenance plan for 
Camden County and the Nine Not Classified Areas adequate for conformity 
purposes under our limited maintenance plan policy.

V. What Is EPA's Conclusion?

    EPA had proposed approval of New Jersey's request in 71 FR 26895. 
The reader is referred back to that proposal notice for additional 
detail on this action. Since EPA did not receive any comments and the 
New Jersey responses to the comments they had received clarify and 
strengthen the SIP revision, EPA is approving the New Jersey SIP 
request in this action. Tables 1 and 2 present summaries of the motor 
vehicle emissions budgets being approved in this notice. Table 3 
presents the approved general conformity budgets for McGuire Air Force 
Base.

 Table 1.--Approved NOX, VOC, and CO Motor Vehicle Emissions Budgets for
           the North Jersey Transportation Planning Authority
                               [Tons/day]
------------------------------------------------------------------------
                  Year                    NOX \1\    VOC \1\     CO \2\
------------------------------------------------------------------------
2005...................................     327.83     146.33  .........
2007...................................     256.58     122.53       1150
2014...................................  .........  .........       899
------------------------------------------------------------------------
\1\ Covers Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth,
  Morris, Ocean, Passaic, Somerset, Sussex, and Union Counties.
\2\ Covers Bergen, Essex, Hudson, Passaic, and Union Counties.


      Table 2.--Approved 2009 PM2.5 Motor Vehicle Emissions Budgets
                               [Tons/year]
------------------------------------------------------------------------
                                                      Direct
        Metropolitan Planning Organization            PM2.5       NOX
------------------------------------------------------------------------
North Jersey Transportation Planning Authority \1\      1,207     61,676
Delaware Valley Regional Planning Commission \2\..         89     4,328
------------------------------------------------------------------------
\1\ Covers Bergen, Essex, Hudson, Middlesex, Monmouth, Morris, Passaic,
  Somerset, and Union Counties.
\2\ Covers Mercer County only.


  Table 3.--Approved 2005 \1\ McGuire Air Force Base General Conformity
                            Emissions Budgets
                               [Tons/year]
------------------------------------------------------------------------
                              VOC                                  NOX
------------------------------------------------------------------------
730............................................................   1,534
------------------------------------------------------------------------
\1\ 2005 budgets updated such that the increase in NOX is offset by a
  decrease in VOC, resulting in no expected net increase in ozone
  formation.

    EPA is also determining that the CO maintenance plan for Camden 
County and the Nine Not Classified Areas is adequate for transportation 
conformity purposes under the limited maintenance plan policy for CO. 
This adequacy finding is effective July 10, 2006. EPA previously 
announced the adequacy of the PM2.5 motor vehicle emissions 
budgets in the Federal Register (71 FR 33305).
    Lastly, EPA is approving the 2002 ozone, PM2.5, and CO 
base year emissions inventories, where applicable.
    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(d)(3) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' allows an agency to make a 
rule effective immediately (thereby avoiding the 30-day delayed 
effective date otherwise provided for in the APA). Making today's rule 
effective upon publication benefits the public by allowing the most 
recently approved conformity budgets developed by the State to be used 
in determining conformity.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 action 
merely approves

[[Page 38772]]

state law as meeting federal requirements and imposes no additional 
requirements beyond those imposed by state law. Accordingly, the 
Administrator certifies that this 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 
approves 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 (Pub. L. 104-4).
    This 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 approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Act. 
This 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 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 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 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.).
    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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 8, 2006. 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, 
Intergovernmental relations, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds, Nitrogen 
oxides, Sulfur dioxide.

    Dated: June 27, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart FF--New Jersey

0
2. Section 52.1581 is amended by revising paragraph (d) and adding 
paragraph (e) to read as follows:


Sec.  52.1581  Control strategy: Carbon monoxide.

* * * * *
    (d) The 1997 and 2007 carbon monoxide motor vehicle emission 
budgets for Camden County and the Nine Not Classified Areas included in 
New Jersey's May 21, 2004 SIP revision are approved.
    (e)(1) Approval--The May 18, 2006 revision to the carbon monoxide 
maintenance plan for Camden County and the Nine Not Classified Areas. 
This revision contains a second ten-year maintenance plan that 
demonstrates continued attainment of the National Ambient Air Quality 
Standard for carbon monoxide through the year 2017.
    (2) The 2007 and 2014 carbon monoxide conformity emission budgets 
for five counties in the New York/Northern New Jersey/Long Island 
carbon monoxide maintenance area included in New Jersey's May 18, 2006 
SIP revision are approved.

0
3. Section 52.1582 is amended by revising paragraph (i)(2), removing 
and reserving paragraph (i)(3) and adding new paragraph (k) to read as 
follows:


Sec.  52.1582  Control Strategy and regulations: Ozone.

* * * * *
    (i) * * *
    (2) The 2005 conformity emission budgets for the New Jersey portion 
of the Philadelphia/Wilmington/Trenton nonattainment area included in 
New Jersey's April 8, 2003 State Implementation Plan revision are 
approved.
* * * * *
    (k)(1) The Statewide 2002 base year ozone precursor emission 
inventories included in New Jersey's May 18, 2006 State Implementation 
Plan revision are approved.
    (2) The revisions to the 2005 and 2007 motor vehicle emissions 
budgets for the New Jersey portion of the New York/Northern New Jersey/
Long Island nonattainment area included in New Jersey's May 18, 2006 
State Implementation Plan revision are approved.
    (3) The conformity emission budgets for the McGuire Air Force Base 
included in New Jersey's May 18, 2006 State Implementation Plan 
revision are approved.

 [FR Doc. E6-10743 Filed 7-7-06; 8:45 am]
BILLING CODE 6560-50-P