[Federal Register Volume 72, Number 165 (Monday, August 27, 2007)]
[Rules and Regulations]
[Pages 48936-48938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16815]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2006-0920; FRL-8441-7]


Approval and Promulgation of Implementation Plans; New Jersey; 
Low Emission Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is approving a state 
implementation plan revision submitted by the State of New Jersey. The 
State's revision adopts California's second generation low emission 
vehicle program for light-duty vehicles, LEV II, beginning with the 
2009 model year. EPA is not taking action on two provisions of New 
Jersey's program: the zero-emission vehicle sales mandate and the 
greenhouse gas emission standards. The intended effect of this 
rulemaking is to approve a control strategy which will result in 
emissions reductions that will help New Jersey achieve attainment of 
national ambient air quality standard for ozone.

DATES: Effective Date: This rule will be effective September 26, 2007.

ADDRESSES: Copies of the State submittals are available at the 
following addresses for inspection during normal business hours:

Environmental Protection Agency, Region 2 Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866.
New Jersey Department of Environmental Protection, Public Access 
Center, 401 East State Street, 1st Floor, Trenton, New Jersey 08625.

FOR FURTHER INFORMATION CONTACT: Matthew Laurita, 
[email protected] at the Environmental Protection Agency, Region 
2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, NY 
10007-1866, telephone number (212) 637-3895, fax number (212) 637-3901.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Description of the SIP Revision
II. Comments on the Proposed Rulemaking
III. Final EPA Action
IV. Statutory and Executive Order Reviews

I. Description of the SIP Revision

    Section 209(a) of the Clean Air Act (CAA or the Act) prohibits 
states from adopting or enforcing standards relating to the control of 
emissions from new motor vehicles or new motor vehicle engines. 
However, under section 209(b) of the CAA, EPA shall grant a waiver of 
the section 209(a) prohibition to the State of California (unless EPA 
makes specified findings), thereby allowing California to adopt its own 
motor vehicle emissions standards. Section 177 of the CAA allows other 
states to adopt and enforce California's standards relating to the 
control of emissions from new motor vehicles, provided that, among 
other things, such state standards are identical to the California 
standards for which a waiver has been granted under CAA section 209(b). 
In addition to the identicality requirement, the state must adopt such 
standards at least two years prior to the commencement of the model 
year to which the standards will apply. All state implementation plan 
(SIP) revisions submitted to EPA for approval must also meet the 
requirements of CAA section 110.
    In January 2004, the New Jersey Legislature passed legislation 
requiring the New Jersey Department of Environmental Protection (NJDEP) 
to adopt the California low emission vehicle (LEV) program, known as 
the LEV II program. Pursuant to this legislation, New Jersey 
promulgated regulations to adopt a LEV program identical to 
California's LEV II program. New Jersey's regulations were adopted on 
November 28, 2005. New Jersey's LEV program will affect light-duty 
motor vehicles manufactured in model year 2009 and later.
    On June 2, 2006, New Jersey submitted a SIP revision to EPA, 
seeking federal approval of its LEV regulations. New Jersey's SIP 
revision submittal meets the requirements of sections 177 and 110 of 
the Act. EPA's approval of New Jersey's LEV program makes it federally-
enforceable, further ensuring that planned emission reductions will 
continue to take place. For further information on New Jersey's LEV 
program see the March 21, 2007, Proposed Rulemaking (72 FR 13227).

[[Page 48937]]

II. Comments on the Proposed Rulemaking

    EPA received two comments on the Proposed Rulemaking, published in 
the March 21, 2007 Federal Register (72 FR 13227). Both comments were 
supportive of EPA's proposed action to approve New Jersey's LEV program 
into the SIP. The comments and responses are included below.
    Comment: EPA received a comment from a private citizen who was 
supportive of EPA's proposal to approve New Jersey's LEV program but 
expressed concerns over a lack of standards for small, non-road 
gasoline engines, such as for lawn mowers, ATVs, and jet skis.
    Response: EPA notes the citizen's support of New Jersey's LEV 
program and notes that Subchapter 29 does not regulate small, non-road 
gasoline engines which were not a subject of the proposal. However, EPA 
has proposed emission standards for certain new non-road spark-ignition 
engines, equipment, and marine vessels (72 FR 28098). If implemented as 
proposed, these new standards will result in reductions of over 3.4 
million tons of emissions by 2030.
    Comment: NJDEP submitted comments in a letter dated April 20, 2007, 
in which NJDEP agreed with the proposed EPA action. However, NJDEP 
noted that on December 22, 2006, EPA issued a waiver of federal pre-
emption to California, enabling California to implement the zero-
emission vehicle (ZEV) component of its program through model year 
2011. In light of EPA's granting this waiver, NJDEP requested that EPA 
act on the ZEV component of New Jersey's program, and approve it into 
the SIP through model year 2011, consistent with such waiver.
    Response: EPA agrees with NJDEP and will propose to approve the ZEV 
component of New Jersey's LEV program in a separate notice-and-comment 
rulemaking. EPA is not taking action on the ZEV component in today's 
document, in order to allow the public an adequate opportunity to 
comment on this specific aspect of New Jersey's LEV program, since the 
March 21, 2007 Proposed Rulemaking (72 FR 13227) did not propose action 
on New Jersey's ZEV provisions.

III. Final EPA Action

    EPA is approving New Jersey's LEV program, which is identical to 
the portions of California's LEV II program for which EPA has issued a 
waiver of pre-emption, with the exception that EPA is taking no action 
on the ZEV component of New Jersey's program. EPA has not issued a 
waiver to California to implement its greenhouse gas regulations, and 
therefore, EPA is also taking no action on the greenhouse gas portion 
of New Jersey's LEV program. Approval of New Jersey's LEV program 
further ensures that planned emissions reductions attributable to this 
program will be achieved. The New Jersey LEV program was adopted on 
November 28, 2005, published in the New Jersey State Register on 
January 17, 2006, is codified in Title 7, Chapter 27, Subchapter 29 of 
the New Jersey Administrative Code and replaces Subchapter 26, ``Ozone 
Transport Commission--Low Emission Vehicles Program'' which is now 
being removed from the SIP.

IV. 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 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 CAA. 
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 CAA. 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 CAA. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 26, 2007. 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).)

[[Page 48938]]

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.

    Dated: July 8, 2007.
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 52.1570 is amended by adding new paragraph (c)(82) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (82) Revisions to the State Implementation Plan submitted on June 
2, 2006, by the New Jersey Department of Environmental Protection which 
consists of the adoption of California's second generation Low Emission 
Vehicle (LEV) program.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 29 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Low Emission Vehicle (LEV) 
Program,'' except sections 29.6, 29.7, and 29.13(g) (incorporation by 
reference of Title 13, Chapter 1, Article 2, Sections 1961.1 and 1962 
of the California Code of Regulations only), adopted on November 28, 
2005.
* * * * *

0
3. Section 52.1605 is amended by removing the entry for Subchapter 26 
and adding a new entry for Subchapter 29 under Title 7, Chapter 27 to 
read as follows:


Sec.  52.1605  EPA-approved New Jersey regulations.

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           State regulation              State effective date      EPA approved date             Comments
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                                                  * * * * * * *
Title 7, Chapter 27
 
                                                  * * * * * * *
Subchapter 29, ``Low Emission Vehicle  January 27, 2006.......  August 27, 2007.         Sections 29.6, 29.7,
 (LEV) Program''.                                                [Insert Federal          and 29.13(g) [Title
                                                                 Register page            13, Chapter 1, Article
                                                                 citation].               2, Sections 1961.1 and
                                                                                          1962 of the California
                                                                                          Code of Regulations]
                                                                                          relating to zero-
                                                                                          emission vehicles and
                                                                                          greenhouse gas
                                                                                          emission standards are
                                                                                          not incorporated into
                                                                                          the SIP.
 
                                                  * * * * * * *
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[FR Doc. E7-16815 Filed 8-24-07; 8:45 am]
BILLING CODE 6560-50-P