[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Rules and Regulations]
[Pages 19913-19916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9872]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. NJ33-2-191; FRL-6328-8]
Approval and Promulgation of Implementation Plans; New Jersey 15
Percent Rate of Progress Plans, Recalculation of 9 Percent Rate of
Progress Plans and 1999 Transportation Conformity Budget Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a New
Jersey State Implementation Plan (SIP) revision involving the State's
Ozone plan. Specifically, EPA is approving the 15 Percent Rate of
Progress (ROP) Plans, recalculation of the 9 Percent ROP Plans,
revisions to the 1990 base year emission inventories, revisions to the
[[Page 19914]]
1996 and 1999 projection year emission inventories, and the 1999
transportation conformity budgets. The intended effect of this action
is to approve programs required by the Clean Air Act which will result
in emission reductions that will help achieve attainment of the 1-hour
national ambient air quality standard for ozone. In addition, this
approved SIP revision corrects the deficiency which led EPA to
disapprove, on December 12, 1997, New Jersey's 15 Percent ROP Plans.
Consequently, the sanction and Federal Implementation Plan (FIP)
process that was started by EPA's disapproval are terminated. The
sanction clock associated with the State's failure to implement the
enhanced inspection and maintenance program continues to run.
EFFECTIVE DATE: This rule will be effective April 23, 1999.
ADDRESSES: Copies of the State's submittals are available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866.
New Jersey Department of Environmental Protection, Office of Air
Quality Management, Bureau of Air Pollution Control, 401 East State
Street, CN027, Trenton, New Jersey 08625.
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, S.W., Washington,
D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Paul R. Truchan, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10278, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
I. Background
On March 1, 1999 (64 FR 9952), EPA proposed approval of New
Jersey's State Implementation Plan (SIP) submittals of July 30, 1998
and February 10, 1999. The July and February SIP submittals address the
requirements for the two severe ozone nonattainment areas in New
Jersey--the New York, Northern New Jersey, Long Island Area, and the
Philadelphia, Wilmington, Trenton Area. For the purposes of this
action, these areas will be referred to as, respectively, the Northern
New Jersey nonattainment area (NAA) and the Trenton NAA. The counties
located within the Northern New Jersey NAA are: Bergen, Essex, Hudson,
Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset,
Sussex, and Union. The counties within the Trenton NAA are: Burlington,
Camden, Cumberland, Gloucester, Mercer, and Salem.
The following Clean Air Act (CAA) requirements were included in the
March 1, 1999 proposal: revisions to the 1990 base year ozone emission
inventory; revisions to the 1996 and 1999 ozone projection emission
inventories; and the 1999 transportation conformity budgets. EPA also
proposed approval of New Jersey's 15 Percent Rate of Progress (ROP)
Plans and recalculation of the 9 Percent ROP Plans. New Jersey's two
SIP submittals revised the previously submitted 15 Percent ROP Plans
and 9 Percent ROP Plans dated December 31, 1996 and February 25, 1997.
New Jersey's new 15 ROP Plans will achieve the required emission
reductions by November 15, 1999. This is the same date that the
reductions would have been achieved had the enhanced I/M program
started on time. The new measures along with the previously approved
measures in the new 15 Percent ROP Plans being approved today meets
EPA's ``as soon as practicable'' criteria.
A detailed discussion of the SIP revisions and EPA's rationale for
approving them is contained in the March 1, 1999 proposal and will not
be restated here. The reader is referred to the proposal for more
details.
II. Public Comments
In response to EPA's proposed action on this New Jersey SIP
revision, no comments were received.
III. Federal Implementation Plan
On December 12, 1997, EPA announced by letter that its conditional
approval of New Jersey's 15 Percent ROP Plans had converted to a
disapproval because the enhanced inspection and maintenance program,
which was part of the State's plans, did not start as scheduled and
resulted in an emission reduction shortfall. This disapproval applied
to the New Jersey portions of the two severe ozone nonattainment areas:
the Northern New Jersey NAA and the Trenton NAA.
EPA's disapproval of New Jersey's 15 Percent ROP Plans triggered an
obligation to promulgate a Federal Implementation Plan (FIP). For the
Trenton NAA, EPA has been under a Consent Agreement to propose a FIP by
January 15, 1999, and to adopt the FIP by August 15, 1999. EPA
developed such a FIP and proposed it on January 22, 1999 (64 FR 3465).
Today's approval of the July 30, 1998 addendum and the February 10,
1999 State Implementation Plan revision for the Northern New Jersey and
Trenton nonattainment areas eliminates the shortfall identified in
EPA's December 12, 1997 disapproval of New Jersey's 15 Percent ROP
Plans and, thereby, terminates the sanction process associated with
this deficiency and the requirement for EPA to promulgate a FIP.
Therefore, EPA will not proceed with the FIP proposal which was
published on January 22, 1999 (64 FR 3465). The sanction clock
associated with the State's failure to implement the enhanced
inspection and maintenance program, which was included in the December
12, 1997 disapproval, continues to run.
IV. Conclusion
EPA has evaluated these submittals for consistency with the CAA and
Agency regulations and policy. EPA is approving New Jersey's: revisions
to the 1990 base year ozone emission inventory; revisions to the 1996
and 1999 ozone projection emission inventories; 15 Percent ROP Plans,
recalculation of the 9 Percent ROP Plans; and the 1999 transportation
conformity budgets for the North Jersey Transportation Planning
Authority, South Jersey Transportation Planning Organization, and
Delaware Valley Regional Planning Commission.
EPA is making its approval of today's action effective upon the
date of publication in the Federal Register, based upon a finding of
good cause. Approval of this action would relieve restrictions that
have been placed on New Jersey when EPA disapproved its SIP on December
12, 1997 and will not adversely affect other parties. The sanction
clock associated with the State's failure to implement the enhanced
inspection and maintenance program, which was included in the December
12, 1997 disapproval, continues to run.
V. Administrative Requirements
A. Executive Order 12866
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 Order 12875
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
[[Page 19915]]
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 of Executive Order
12875 do not apply to this rule.
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.
EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This SIP approval is not subject to E.O.
13045 because it approves a state program implementing a Federal
standard, and it is not economically significant under E.O. 12866.
D. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or 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, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, 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. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
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 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, EPA certifies 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 section 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 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 the approval action promulgated 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 June 22, 1999. 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
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enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: April 12, 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.
Sec. 52.1580 [Amended]
2. Section 52.1580 is amended by removing and reserving paragraph
(b).
Sec. 52.1581 [Removed and Reserved]
3. Section 52.1581 is removed and reserved.
4. Section 52.1582 is amended by adding a sentence to the end of
paragraph (d)(1) and by revising paragraphs (d)(3) and (d)(4) and
adding new paragraph (g) as follows:
Sec. 52.1582 Control strategy and regulations: Ozone (volatile organic
substances) and carbon monoxide.
* * * * *
(d)(1) * * * Revisions to the 1990 base year emission inventory
dated February 10, 1999 for the New York/Northern New Jersey/Long
Island and Philadelphia/Wilmington/Trenton nonattainment areas of New
Jersey have been approved.
* * * * *
(3) The 1996 and 1999 ozone projection year emission inventories
included in New Jersey's July 30, 1998 addendum and February 10, 1999
State Implementation Plan revision for the New York/Northern New
Jersey/Long Island and Philadelphia/Wilmington/Trenton nonattainment
areas have been approved.
(4) The conformity emission budgets for the McGuire Air Force Base
included in New Jersey's December 31, 1996 State Implementation Plan
revision have been approved. The 1999 conformity emission budgets for
the North Jersey Transportation Planning Authority, South Jersey
Transportation Planning Organization and Delaware Valley Regional
Planning Commission included in New Jersey's July 30, 1998 addendum and
the February 10, 1999 State Implementation Plan revision have been
approved.
* * * * *
(g) The 15 Percent Rate of Progress (ROP) Plans and the
recalculation of the 9 Percent ROP Plans included in the July 30, 1998
addendum and the February 10, 1999 State Implementation Plan revision
for the New York/Northern New Jersey/Long Island and Philadelphia/
Wilmington/Trenton nonattainment areas have been approved.
[FR Doc. 99-9872 Filed 4-22-99; 8:45 am]
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