[Federal Register Volume 73, Number 30 (Wednesday, February 13, 2008)]
[Rules and Regulations]
[Pages 8200-8202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2553]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2006-0920, FRL-8522-3]


Approval and Promulgation of Implementation Plans; New Jersey; 
Zero-Emission Vehicle Component of the Low Emission Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is approving, through 
model year 2011, the portion of New Jersey's low emission vehicle 
program related to the manufacture and sale of zero-emission vehicles, 
consistent with California's current low emission vehicle regulations. 
EPA previously approved New Jersey's low emission vehicle program, but 
did not take action on the zero-emission vehicle provisions. The 
intended effect of this action is to approve, as consistent with 
section

[[Page 8201]]

110(a)(2) of the Clean Air Act, a control strategy that will help New 
Jersey achieve attainment of the National Ambient Air Quality Standard 
for ozone.

DATES: Effective Date: This rule will be effective March 14, 2008.

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 will grant a waiver of 
the section 209(a) prohibition to the State of California, thereby 
allowing California to adopt its own motor vehicle emissions standards, 
if California determines that its standards will be, in the aggregate, 
at least as protective of public health and welfare as applicable 
Federal standards. EPA will not grant a section 209(b) waiver if it 
makes the specific findings listed in that section.
    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 and became effective on January 17, 2006. 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. EPA approved New 
Jersey's LEV program on August 27, 2007 (72 FR 48936), but did not take 
action on the zero-emission vehicle (ZEV) provisions of the program. 
New Jersey commented on EPA's March 21, 2007, Proposed Rulemaking (72 
FR 13227), and requested that EPA approve the ZEV provisions of New 
Jersey's LEV program, consistent with EPA's section 209(b) waiver that 
allows California to enforce the ZEV sales requirement through model 
year 2011. On September 4, 2007 (72 FR 50650), EPA proposed to approve 
the ZEV provisions of New Jersey's LEV program through the 2011 model 
year. EPA's approval of the ZEV component of New Jersey's LEV program 
makes it Federally-enforceable. For further information on New Jersey's 
LEV program see the March 21, 2007, Proposed Rulemaking (72 FR 13227), 
the August 27, 2007, Final Rulemaking (72 FR 48936) and the September 
4, 2007, ZEV Proposed Rulemaking (72 FR 50650).

II. Comments on the Proposed Rulemaking

    EPA received no comments on the Proposed Rulemaking, published in 
the September 4, 2007, Federal Register (72 FR 50650).

III. Final EPA Action

    EPA is approving the zero-emission vehicle component of New 
Jersey's LEV program through the 2011 model year, which is identical to 
the zero-emission vehicle portion of California's LEV II program for 
which EPA has issued a section 209(b) waiver of pre-emption. Approval 
of this component 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 with an 
effective date of January 17, 2006, and is codified in Title 7, Chapter 
27, Subchapter 29 of the New Jersey Administrative Code.

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.

[[Page 8202]]

    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. section 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 April 14, 2008. 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, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and record keeping requirements, Volatile 
organic compounds.

    Dated: January 14, 2008.
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 paragraph (c)(84) to read as 
follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (84) 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 Zero Emission Vehicle (ZEV) 
provisions.
    (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,'' sections 29.6, 29.7, and the incorporation of California 
Section 1962, ``Zero Emission Vehicle Standards for 2005 and Subsequent 
Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles,'' 
within section 29.13(g), effective on January 17, 2006.


0
3. Section 52.1605 is amended by revising the 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        January 17, 2006......  February 13, 2008,      In Section 29.13(g), Title
 Vehicle (LEV) Program''.                                     [Insert Federal         13, Chapter 1, Article 2,
                                                              Register page           Section 1961.1 of the
                                                              citation].              California Code of
                                                                                      Regulations relating to
                                                                                      greenhouse gas emission
                                                                                      standards, is not
                                                                                      incorporated into the SIP.
 
                                                  * * * * * * *
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[FR Doc. E8-2553 Filed 2-12-08; 8:45 am]
BILLING CODE 6560-50-P