[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33678-33680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16158]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[Region II Docket No. 146, NJ23-1-7243(c); FRL-5524-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of New Jersey;
Revised Policy Regarding Applicability of Oxygenated Fuels Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On September 28, 1995, the New Jersey Department of
Environmental Protection (NJDEP) submitted requests to redesignate the
Camden County nonattainment area and nine not-classified areas from
nonattainment to attainment for carbon monoxide (CO). NJDEP also
submitted the required plans to assure continued attainment of the CO
standards in the redesignated areas. On December 7, 1995, EPA published
a direct final rulemaking (60 FR 62741) approving New Jersey's
redesignation requests along with several elements of the New Jersey
State Implementation Plan (SIP) for CO.
This action announced that the rulemaking would take effect on
February 5, 1996 (60 days after publication), unless EPA received
adverse comments by January 8, 1996 (30 days after publication), in
response to a notice of proposed rulemaking published on the same day
(60 FR 62792). EPA also committed to withdraw the direct final rule in
the event that it received adverse comments, and to respond to any
adverse comments in a subsequent final rulemaking action. EPA did
receive adverse comments on this action, but failed to withdraw the
final rule within the 60 days given in the notice of direct final
rulemaking. Therefore, the rule took effect on February 5, 1996.
[[Page 33679]]
EPA is responding to the comments it received; but, for the
following reasons, EPA is not changing the final rule in response to
those comments. Had EPA withdrawn the direct final rule prior to its
going into effect, EPA would have taken final action based on the
proposal to promulgate a rule identical to the direct final rule that
went into effect. Rather than now take the action of withdrawing the
direct final rule only to repromulgate simultaneously an identical
rule, in this action EPA is deciding to maintain the rule unchanged.
EPA believes that withdrawal and repromulgation are unnecessary since
the results would be identical to that obtained simply by leaving the
rule unchanged and responding to the comments.
This action provides interested parties an opportunity to review
how EPA addressed the comments and to petition for judicial review of
EPA's action in this final rulemaking within 60 days of this
publication, as provided in section 307(b)(1) of the Clean Air Act.
EFFECTIVE DATES: February 5, 1996.
ADDRESSES: Copies of the State submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
290 Broadway, 20th Floor, New York, New York 10007-1866
New Jersey Department of Environmental Protection, Office of Energy,
Bureau of Air Quality Planning, 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, SW, Washington, DC
20460
FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs
Branch, Environmental Protection Agency, Region II Office, 290
Broadway, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
I. Background
Camden County, which is in the Philadelphia-Wilmington-Trenton
Consolidated Metropolitan Statistical Area (CMSA), was designated
nonattainment for CO under the provisions of sections 186 and 187 of
the Clean Air Act. Because the area had a design value of 11.6 parts
per million based on 1988 and 1989 data, the area was classified
moderate. (See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30,
1992), codified at 40 CFR part 81, Sec. 81.331.) This design value was
based on ambient CO data recorded in the City of Philadelphia. For
moderate CO nonattainment areas, the Clean Air Act requires that air
quality must attain the National Ambient Air Quality Standard (NAAQS)
by December 31, 1995. The last exceedance of the CO NAAQS in Camden
County occurred in 1989.
In addition, nine areas were designated as not-classified
nonattainment under section 107(d)(1)(C) of the Clean Air Act. Three of
these not-classified areas, the City of Trenton, the City of Burlington
and the Borough of Penns Grove (part), are located within the
Philadelphia-Wilmington-Trenton CMSA. Five of the not-classified areas,
the Borough of Freehold, the City of Morristown, the City of Perth
Amboy, the City of Toms River and the Borough of Somerville, are
located in the New York-Northern New Jersey-Long Island CMSA. The
remaining not-classified area is the City of Atlantic City, which is
not contained within a CMSA. Atlantic City is part of the Atlantic City
MSA. The oxygenated gasoline requirements applicable to each of these
areas depend upon its location in the State. These requirements are
discussed in a December 7, 1995 direct final notice (60 FR 62741).
The nine areas were considered ``not-classified'' because they
previously had been designated nonattainment; however, air quality data
collected during the period 1988 and 1989 showed that the NAAQS were
met or data were not available. In those instances where air quality
was no longer being monitored, concentrations measured in prior years
had been well below the CO NAAQS.
In an effort to comply with the Clean Air Act and to ensure
continued attainment of the NAAQS, on September 28, 1995, the State of
New Jersey submitted CO redesignation requests and maintenance plans
for Camden County and the nine not-classified areas. This submittal
contained evidence that public hearings were held on September 8, 1995.
EPA published a direct final notice (60 FR 62741) and a proposed
notice (60 FR 62792) on December 7, 1995. Since comments were received
which needed addressing, EPA is addressing these comments at this time.
The reader is referred to the direct final notice for a detailed
discussion of EPA's action.
II. Comments
EPA received comments from The New York Mercantile Exchange (NYMEX)
and the New York State Department of Environmental Conservation
(NYSDEC) on the December 7, 1995 notice. EPA's response to the comments
is contained in a Technical Support Document entitled ``New Jersey
Carbon Monoxide Redesignation Request For Camden County & Nine Not-
Classified Areas Technical Support Document (TSD); October 16, 1995;
Amended March 7, 1996'' found in Docket No. 146.
EPA does not believe that any of the comments present reasons why
the Agency should not proceed with its proposed action, and the Agency
is confident that New Jersey's redesignation request is technically
sound. Therefore, EPA reaffirms its redesignation of Camden County and
the nine not-classified areas in New Jersey to attainment of the CO
NAAQS.
III. Summary
EPA is approving the Camden County and nine not-classified CO
maintenance plans because they meet the requirements set forth in
section 175A of the Clean Air Act. In addition, the Agency is approving
the requests for redesignating Camden County and the nine not-
classified areas to attainment because the State has demonstrated
compliance with the requirements of section 107(d)(3)(E) of the Act for
redesignation.
In the December 7, 1995 notice EPA also took action on the
contingency measures and statewide emissions inventory found in the New
Jersey CO SIP. The contingency measures include transportation control
measures which cover traffic flow improvements, park & ride lots, and
increased ridesharing. EPA received no comments on these SIP elements.
The State has demonstrated to EPA's satisfaction that Camden County
and the nine not-classified areas had attained the CO standard before
the implementation of the oxygenated gasoline program and that as a
result the oxygenated gasoline program was not needed to attain or
maintain the CO standard. Therefore, EPA finds that the oxygenated
gasoline program is not required in these areas in order to meet the
criteria for redesignation.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603
[[Page 33680]]
and 604. Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
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 impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moveover, due to the nature of the federal-state relationship
under the Clean Air Act, preparation of a regulatory 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 US
EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a federal mandate that may result in
estimated annual costs of $100 million or more to the private sector,
or to state, local, or tribal governments in the aggregate.
Through submission of this SIP or plan revision, the state and any
affected local or tribal governments have elected to adopt the program
provided for under sections 110 and 187 of the Clean Air Act. These
rules may bind state, local and tribal governments to perform certain
actions and also require the private sector to perform certain duties.
To the extent that the rules being approved by this action would impose
any mandate upon the state, local or tribal governments either as the
owner or operator of a source or as a regulator, or would impose any
mandate upon the private sector, EPA's action will impose no new
requirements; such sources are already subject to these regulations
under State law. Accordingly, no additional costs to state, local, or
tribal governments, or to the private sector, result from this action.
EPA has also determined that this final action does not include a
mandate that may result in estimated annual costs of $100 million or
more to state, local, or tribal governments in the aggregate or to the
private sector.
Under 5 U.S.C. section 605(b), I certify that redesignations do not
have a significant economic impact on a substantial number of small
entities. (See 46 FR 8709.)
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this rule must be filed in the United States Court
of Appeals for the appropriate circuit within 60 days from date of
publication. 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 rule may not be challenged
later in proceedings to enforce its requirements. (See 307(b)(2).)
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations.
40 CFR Part 81
Air pollution control, National parks, and Wilderness areas.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 31, 1996.
William J. Muszynski,
Acting Regional Administrator.
[FR Doc. 96-16158 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P
