[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Rules and Regulations]
[Pages 35100-35103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17058]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. NJ28-2-170, FRL-5850-2]
Approval and Promulgation of Implementation Plans; New Jersey 15
Percent Rate of Progress Plan and Phase I and II Ozone Implementation
Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action on a State Implementation Plan (SIP) revision submitted by New
Jersey which is intended to meet several Clean Air Act requirements.
EPA is approving revisions to the 1990 base year ozone emission
inventory; the 1996 and 1999 ozone projection emission inventories;
photochemical assessment monitoring stations network; demonstration
that emissions from growth in vehicle miles traveled will not increase
motor vehicle emissions and, therefore, offsetting measures are not
necessary; modeling efforts completed to date; transportation
conformity budgets; and enforceable commitments.
EPA is also giving conditional interim approval to New Jersey's 15
Percent Rate of Progress Plan and the 9 Percent Reasonable Further
Progress Plan. 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 national ambient
air quality standard (NAAQS) for ozone.
EFFECTIVE DATE: This rule will be effective July 30, 1997.
ADDRESSES: Copies of the New Jersey submittals and EPA's Technical
Support Document are available at the following addresses for
inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
295 Broadway, 25th Floor, New York, New York 10007-1866
New Jersey Department of Environmental Protection, Office of Air
Quality Management, Bureau of Air Quality Planning, 401 East State
Street, CN418, Trenton, New Jersey 08625
FOR FURTHER INFORMATION CONTACT: Paul R. Truchan, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
I. Background
On April 30, 1997 (62 FR 23410), EPA proposed approval of New
Jersey's State Implementation Plan (SIP) submittals of December 31,
1996 and February 25, 1997 for the following Clean Air Act (CAA)
requirements: revisions to the 1990 base year ozone emission inventory;
the 1996 and 1999 ozone projection emission inventories; photochemical
assessment monitoring stations network; demonstration that emissions
from growth in vehicle miles traveled will not increase motor vehicle
emissions and, therefore, offsetting measures are not necessary;
modeling efforts completed to date; transportation conformity budgets;
and enforceable commitments. EPA also proposed conditional interim
approval of New Jersey's 15 Percent Rate of Progress (ROP) Plan and the
9 Percent Reasonable Further Progress (RFP) Plan.
The December 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 ozone
nonattainment area (NAA) and the Trenton NAA. New Jersey's two SIP
submittals revised the previously submitted 15 Percent ROP Plan dated
November 15, 1993.
A detailed discussion of the SIP revisions and EPA's rationale for
either approving or conditionally approving them is contained in the
April 30, 1997 proposal and will not be restated here. The reader is
referred to the proposal for more details.
II. State Commitment
EPA proposed to condition its approval of New Jersey's 15 Percent
ROP and 9 Percent RFP Plans because the emission reductions from the
enhanced inspection and maintenance (I/M) program were calculated with
modeling performed before EPA issued final guidance on how to estimate
emissions. In a letter dated May 29, 1997, New Jersey committed to
perform the remodeling necessary to estimate the
[[Page 35101]]
emissions reductions that will result from the enhanced I/M program as
implemented within 12 months from the effective date of today's
rulemaking.
As part of the remodeling of the enhanced I/M program, New Jersey
must demonstrate that the 15 percent and 9 percent emission reductions
are still being achieved in the Northern New Jersey and Trenton
nonattainment areas as required by sections 182(b)(1) and 182(c)(2)(B)
of the CAA and in accordance with EPA's policies and guidance.
Therefore, EPA is accepting New Jersey's commitment and EPA's
approval is conditioned upon the State completing the remodeling. Once
the State satisfactorily fulfills this condition, EPA will take
rulemaking action to convert the conditional interim approval to an
interim approval. Should the State fail to fulfill the remodeling
condition by July 30, 1998, this conditional interim approval will
convert to a disapproval pursuant to section 110(k)(4) of the CAA. In
that event, EPA would issue a letter notifying the State that the
condition has not been met, and that the approval has converted to a
disapproval.
III. Public Comments
In response to EPA's proposed action on this New Jersey SIP
revision, no comments were received.
IV. Conditional Interim Approval
New Jersey's 15 Percent ROP and 9 Percent RFP Plans contain adopted
control measures with the exception of the enhanced I/M program which
had been given a conditional interim approval by EPA on May 14, 1997
(62 FR 26401) pursuant to the National Highway System Designation Act
(NHSDA) and section 110 of the CAA. The enhanced I/M program approval
was granted on an interim basis for a period of 18 months, in order for
New Jersey to perform an evaluation of emission reduction credits,
under the authority of section 348 of the NHSDA. A full approval of New
Jersey's final enhanced I/M SIP revision, which will include the
State's program evaluation and final adopted State regulations, is
still necessary under sections 110, 182, 184 and 187 of the CAA. After
EPA's review of the State's enhanced I/M program evaluation and final
regulations, EPA will take appropriate rulemaking action. If the
State's program evaluation demonstrates a shortfall, the State must
find additional emission reductions.
Since New Jersey's 15 Percent ROP and 9 Percent RFP Plans are
dependent on the emission reductions from the enhanced I/M program, EPA
can only grant an interim approval to the 15 Percent ROP and 9 Percent
RFP Plans until the State evaluates the effectiveness of the enhanced
I/M program and EPA takes action on the results of this evaluation.
Therefore, this approval is being granted on an interim basis for a
period of 18 months following the effective date of the May 14, 1997
conditional interim approval of the enhanced I/M rulemaking. At the end
of this period, the interim approval of the emission credits will
expire and the credits will be adjusted according to the results of the
evaluation. At that time, EPA will take action regarding the efficacy
of the State's SIP under the authority of sections 110 and 182 of the
CAA.
V. 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; the 1996 and 1999 ozone
projection emission inventories; photochemical assessment monitoring
stations network; demonstration that emissions from growth in vehicle
miles traveled will not increase motor vehicle emissions and,
therefore, offsetting measures are not necessary; modeling efforts
completed to date; transportation conformity budget; and enforceable
commitments.
EPA is granting conditional interim approval of New Jersey's 15
Percent ROP Plan and 9 Percent RFP Plan as a revision to the New Jersey
SIP. EPA is approving the credits on an interim basis, pending
verification of New Jersey's enhanced I/M program's performance,
pursuant to section 348 of the NHSDA. The interim approval of the 15
Percent ROP and 9 Percent RFP plans will expire on December 14, 1998,
18 months from the effective date of EPA's final conditional interim
rulemaking of New Jersey's I/M program which was published in the
Federal Register on May 14, 1997 (62 FR 26401). The interim approval
will be replaced by appropriate EPA action based on the evaluation EPA
receives from New Jersey concerning the enhanced I/M program's
performance.
This rulemaking action is a conditional interim approval that will
convert to interim approval when New Jersey has completed the
remodeling condition of this rulemaking. If the condition is not met
within 12 months from the effective date of today's rulemaking, this
rulemaking will convert to a disapproval. EPA would notify New Jersey
by letter that the condition has not been met and that the conditional
interim approval of the 15 Percent ROP and 9 Percent RFP Plans has
converted to a disapproval. In addition, the reader should note that
there is a condition on the conditional interim approval of New
Jersey's enhanced I/M program which if not met, will affect EPA's
action on the 15 Percent ROP and 9 Percent RFP Plans conditional
interim approval. If EPA disapproves the New Jersey's enhanced I/M
program, EPA's conditional interim approval of the 15 Percent ROP and 9
Percent RFP Plans will also convert to a disapproval.
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.
VI. Administrative Requirements
A. Executive Order 12866
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.
B. Regulatory Flexibility Act
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 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 CAA
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, the EPA certifies that
it does not have a significant impact on any small entities affected.
Moreover, due to the nature of the Federal-State relationship under the
CAA, preparation of a flexibility analysis would constitute Federal
[[Page 35102]]
inquiry into the economic reasonableness of state action. The CAA
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).
Conditional approvals of SIP submittals under section 110 and
subchapter I, part D of the CAA 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, EPA certifies that it does not have a significant impact
on any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The CAA 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).
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing State requirements applicable to small
entities. Federal disapproval of the State submittal does not affect
its state-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. Therefore, EPA certifies
that this disapproval action does not have a significant impact on a
substantial number of small entities because it does not remove
existing requirements nor does it substitute a new federal requirement.
C. 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.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 5 U.S.C. 804(2).
E. 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 August 29, 1997. Filing a
petition for reconsideration by the Administrator of this final rule to
conditionally approve the New Jersey 15 Percent ROP and 9 Percent RFP
Plans of the SIP, on an interim basis, 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) of the Administrative Procedure
Act).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: June 18, 1997.
William J. Muszynski,
Deputy Regional Administrator, Region II.
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. 7401-7671q.
Subpart FF--New Jersey
2. Section 52.1580 is amended by redesignating paragraphs (a)
through (c) as paragraphs (a)(1) through (a)(3); by adding a paragraph
heading before newly designated paragraph (a)(1); and adding new
paragraph (b) to read as follows:
Sec. 52.1580 Conditional approval.
(a) Enhanced Inspection and Maintenance. (1) * * *
* * * * *
(b) 15 Percent and 9 Percent Ozone Plans. New Jersey's December 31,
1996 and February 25, 1997 submittals for the 15 Percent Rate of
Progress Plan (15 Percent Plan) and 9 Percent Reasonable Further
Progress Plan (9 Percent Plan) for the Northern New Jersey (New York,
Northern New Jersey, Long Island Area) nonattainment area and the
Trenton (Philadelphia, Wilmington, Trenton Area) nonattainment area, is
conditionally approved for an interim period as referenced in paragraph
(a) of this section. The conditions for approvability are as follows:
(1) New Jersey must remodel by July 30, 1998 to determine
affirmatively the creditable reductions from the enhanced inspection
and maintenance (I/M) program as used in the 15 Percent and 9 Percent
Plans. This remodeling must be in accordance with EPA guidance
documents: ``Date by which States Need to Achieve all the Reductions
Needed for the 15 Percent Plan from I/M and Guidance for
Recalculation,'' note from John Seitz and Margo Oge, dated August 13,
1996, and ``Modeling 15 Percent VOC Reductions from I/M in 1999--
Supplemental Guidance'', memorandum from Gay MacGregor and Sally
Shaver, dated December 23, 1996. Should the State fail to fulfill the
remodeling condition by July 30, 1998, this conditional interim
approval will convert to a disapproval pursuant to section 110(k)(4) of
the Clean Air Act.
(2) New Jersey must demonstrate by December 14, 1998 that 15
percent and 9 percent emission reductions are still achievable in the
Northern New Jersey and Trenton nonattainment areas as required by
sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act and in
accordance with EPA's policies and guidance.
3. Section 52.1582 is amended by adding a sentence to the end of
paragraph (d)(1), and adding new
[[Page 35103]]
paragraphs (d)(3) through (d)(7) to read 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 December 31, 1996 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 December 31, 1996 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 three metropolitan
planning organizations and McGuire Air Force Base included in New
Jersey's December 31, 1996 State Implementation Plan revision have been
approved.
(5) The photochemical assessment monitoring stations network
included in New Jersey's December 31, 1996 State Implementation Plan
revision for the New York/Northern New Jersey/Long Island and
Philadelphia/Wilmington/Trenton nonattainment areas has been approved.
(6) The demonstration that emissions from growth in vehicle miles
traveled will not increase motor vehicle emissions and, therefore,
offsetting measures are not necessary which was included in New
Jersey's December 31, 1996 State Implementation Plan revision for the
New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/
Trenton nonattainment areas has been approved.
(7) The enforceable commitments to: participate in the consultative
process to address regional transport; adopt additional control
measures as necessary to attain the ozone standard, meet rate of
progress requirements, and eliminate significant contribution to
nonattainment downwind; identify any reductions that are needed from
upwind areas for the area to meet the ozone standard; and implement the
Ozone Transport Commission NOx Memorandum of Understanding included in
New Jersey's December 31, 1996 State Implementation Plan revision for
the New York/Northern New Jersey/Long Island and Philadelphia/
Wilmington/Trenton nonattainment areas have been approved.
[FR Doc. 97-17058 Filed 6-28-97; 8:45 am]
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