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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Region II Docket No. 146, NJ23-1-7243(a); FRL-5322-2]

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: Direct final rule.

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SUMMARY: On June 9, 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). Under the Clean Air Act as amended

in 1990 (CAA), designations can be revised if sufficient data is

available to warrant such revisions. In this action, EPA is approving

the New Jersey requests because they meet the redesignation

requirements set forth in the CAA, which include the submittal of

maintenance plans.

In addition, EPA is approving two related State Implementation Plan

(SIP) submissions by NJDEP. On November 15, 1992, NJDEP submitted a

final 1990 base year emission inventory for CO emissions. This includes

emissions data for the entire State for all sources of CO in New

Jersey's CO nonattainment areas. NJDEP also submitted contingency

measures in the event the State fails to maintain the national ambient

air quality standards for CO or if its vehicle miles travelled forecast

is exceeded. In this action, EPA is approving New Jersey's CO emissions

inventory submission and contingency measures.

EFFECTIVE DATES: This final rule is effective on February 5, 1996

unless adverse or critical comments are received by January 8, 1996. If

the effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should be addressed to: William S. Baker,

Chief, Air Programs Branch,

[[Page 62742]]

Environmental Protection Agency, Region II Office, 290 Broadway, New

York, New York 10007-1866.

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.

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 was designated nonattainment for CO under the

provisions of sections 186 and 187 of the CAA. 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, section 81.331.]

This design value was based on ambient CO data recorded in the City of

Philadelphia, which is in the Philadelphia-Wilmington-Trenton

Consolidated Metropolitan Statistical Area (CMSA). For moderate CO

nonattainment areas, the CAA 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 CAA. 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 (NY-NJ-LI) CMSA. The remaining

not-classified area is the City of Atlantic City, which is not

contained within a CMSA. The oxygenated gasoline requirements

applicable to each of these areas depend upon its location in the

State. These requirements are discussed in section III.5 of this

notice.

The nine areas were considered ``not-classified'' because air

quality data collected during the period 1988 and 1989 showed that the

NAAQS were met or because the data were not available. In those

instances where air quality was no longer being monitored,

concentrations measured in prior years had fallen well below the CO

NAAQS.

In an effort to comply with the CAA 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.

II. Evaluation Criteria

Section 107(d)(3)(E) of the CAA provides five specific requirements

that an area must meet in order to be redesignated from nonattainment

to attainment.

1. The area must have attained the applicable NAAQS.

2. The area must have a fully approved SIP under section 110(k) of

the CAA.

3. The air quality improvement must be permanent and enforceable.

4. The area must have a fully approved maintenance plan pursuant to

section 175A of the CAA.

5. The area must meet all applicable requirements under section 110

and Part D of the CAA.

III. Review of State Submittal

EPA has determined that the information received from the NJDEP

constitutes complete redesignation requests under the general

completeness criteria of 40 CFR part 51, appendix V, sections 2.1 and

2.2.

Additionally, the New Jersey redesignation requests for Camden

County and the nine not-classified areas meet the five requirements of

section 107(d)(3)(E), noted earlier. The following is a brief

description of how the State has fulfilled each of these requirements.

1. Attainment of the CO NAAQS

New Jersey has quality-assured CO ambient air monitoring data

showing that Camden County and the nine not-classified areas have met

the CO NAAQS. These requests are based on an analysis of quality-

assured CO air monitoring data which is relevant to the maintenance

plan and to the redesignation request. To attain the CO NAAQS, an area

must have complete quality-assured data showing no more than one

exceedance of the standard per year over at least two consecutive

years. CO monitoring data from calendar year 1990 through calendar year

1994 shows that no violations of the CO NAAQS have occurred. Camden

County and the nine not-classified areas have complete quality assured

data showing no more than one exceedance of the NAAQS per year over the

most recent two complete years of data (1993 and 1994). In fact, the

nine not-classified areas have not violated the NAAQS since 1987. In

addition, the most recent ambient CO data for calendar year 1995 shows

no exceedances of the NAAQS to date in Camden County or in the nine

not-classified areas. EPA finds that all of these areas have met the

first statutory criterion for attainment of the CO NAAQS (40 CFR 50.9

and appendix C).

Furthermore, air quality data for the Philadelphia portion of the

Philadelphia-Wilmington-Trenton CMSA shows that the remainder of the

nonattainment area has met the CO NAAQS since 1990. Therefore, air

quality in the entire CMSA has been meeting the CO standards since

1990.

2. Fully Approved SIP Under Section 110(k) of the CAA

New Jersey's September 28, 1995 CO SIP revision is fully approved

by EPA as meeting all the requirements of section 110(a)(2)(I) of the

CAA, including the requirements of Part D (relating to nonattainment),

which were due prior to the date of New Jersey's redesignation request.

The 1990 CAA required that nonattainment areas meet specific new

requirements depending on the severity of the nonattainment

classification. Requirements for Camden County and the nine not-

classified areas include the preparation of a 1990 emission inventory

with periodic updates and the development of contingency measures. Each

of these requirements added by the 1990 CAA are discussed in greater

detail below.

A. Part D New Source Review Requirements

Consistent with the October 14, 1994 EPA guidance from Mary D.

Nichols entitled ``Part D New Source Review (Part D NSR) Requirements

for Areas Requesting Redesignation to Attainment,'' EPA is not

requiring full approval of a Part D NSR program by New Jersey as a

prerequisite to redesignation to attainment. Under this guidance,

nonattainment areas may be redesignated to attainment notwithstanding

the lack of a fully approved Part D NSR program so long as the program

is not relied upon for maintenance. New Jersey has not relied on a NSR

program for CO sources to maintain attainment. Because Camden

[[Page 62743]]

County and nine not-classified areas are being redesignated to

attainment by this action, New Jersey's Prevention of Significant

Deterioration requirements will be applicable to new or modified

sources in Camden County and the nine not-classified areas.

B. Emission Inventory

New Jersey submitted a CO base year inventory for the entire State

to EPA on November 15, 1992. On November 21, 1994, New Jersey submitted

a technical update to the CO emission inventory for Bergen, Essex,

Hudson, Passaic, and Union Counties. On September 28, 1995, New Jersey

updated the CO emission inventory for the Camden County moderate

nonattainment area and nine not classified nonattainment areas. These

inventories are required under section 187(a)(1) of the CAA.

New Jersey's base year inventory used a three month CO season of

November 1990 through February 1991. The inventory included emissions

estimates from stationary point, stationary area, on-road mobile, and

nonroad mobile sources of CO. These emission estimates were prepared in

accordance with EPA guidance.

Table A presents a summary of the CO peak season daily emissions

estimates in tons per winter day for Camden County and the nine not

classified areas. Table B presents a summary of the CO peak season

daily emissions estimates in tons per winter day for the remaining

nonattainment areas in the State.

Table A.--Summary of CO Peak Season Daily Emissions Estimates

------------------------------------------------------------------------

2007

1990 Base Projected

year CO CO

Nonattainment Area emission emission

inventory inventory

(tons per (tons per

day) day)

------------------------------------------------------------------------

City of Atlantic City............................. 98 80

City of Burlington................................ 225 200

Borough of Freehold............................... 245 205

City of Morristown................................ 251 192

Borough of Penns Grove (part)..................... 47 37

City of Perth Amboy............................... 320 279

Borough of Somerville............................. 135 113

City of Toms River................................ 145 142

City of Trenton................................... 154 135

Total for Not Classified Areas.................... 1620 1383

Camden County..................................... 252 218

Total for Camden County........................... 252 218

------------------------------------------------------------------------

Table B.--Summary of CO Peak Season Daily Emissions Estimates

------------------------------------------------------------------------

1990 Base

year CO

emission

Nonattainment area inventory

(tons per

day)

------------------------------------------------------------------------

Bergen County................................................ 506

Essex County................................................. 377

Hudson County................................................ 222

Passaic County............................................... 303

Union County................................................. 273

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Total for Northern Nonattainment Counties.................... 1681

------------------------------------------------------------------------

Section 110(k) of the CAA contains provisions regarding emission

inventory submittals. The EPA has determined that New Jersey's 1990

base year CO emissions inventory submitted on November 15, 1992 and

updated on November 21, 1994 and September 28, 1995, meets these

requirements. For further details, the reader is referred to the

Technical Support Document, which is available for review at the

addresses provided previously.

C. Contingency Measures

Under section 187(a)(3) of the CAA, the State is required to

include adopted contingency measures in the event the State fails to

attain the national ambient air quality standards by the required date

or if the vehicle miles travelled forecast is exceeded beyond the

allowable limit as defined in the January, 1992 guidance document,

``Section 187 VMT Forecasting and Tracking Guidance.''

EPA is approving New Jersey's transportation control measures

(TCMs) with these redesignation requests. These TCMs cover three major

program areas: Traffic flow improvements, park & ride lots, and

increased ridesharing. The State included its employee commute options

(ECO) program as an additional contingency measure. EPA will be taking

action on New Jersey's ECO program submittal as a requirement of the

State's ozone SIP in a separate Federal Register notice since there are

specific requirements an ECO program must meet in order to be approved

as part of an ozone SIP, but not as a contingency measure in a CO SIP.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

New Jersey has implemented a number of measures to control motor

vehicle CO emissions. Emission reductions achieved through the

implementation of these control measures are enforceable. These

measures include the Federal Motor Vehicle Control Program, Federal

reformulated gasoline, New Jersey's pre-1990 modifications to its

inspection and maintenance (I/M) program, and local transportation

control measures.

The State of New Jersey has demonstrated that actual enforceable

emission reductions are responsible for the air quality improvement and

that the CO emissions in the base year are not artificially low due to

local economic downturn. EPA finds that the combination of existing

EPA-approved SIP and federal measures contribute to the permanence and

enforceability of reduction in ambient CO levels that have allowed

Camden County to attain the NAAQS since 1990 and the nine not-

classified areas to attain since 1986.

4. Fully Approved Maintenance Plan Under Section 175A

Section 175A of the CAA sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable NAAQS

for at least ten years after the Administrator approves a redesignation

to attainment. Eight years after the redesignation, the state must

submit a revised maintenance plan which demonstrates attainment for the

ten years following the initial ten-year period. To provide for the

possibility of future NAAQS violations, the maintenance plan must

contain contingency measures, with a schedule for implementation

adequate to assure prompt correction of any air quality problems. In

this notice, EPA is approving the State of New Jersey's maintenance

plans for Camden County and the nine not-classified areas because EPA

finds that New Jersey's submittal meets the requirements of section

175A.

A. Attainment Emission Inventory

As previously noted, on November 15, 1992, the State of New Jersey

submitted a comprehensive inventory of CO emissions for Camden County

and the nine not-classified areas. The inventory includes emissions

from area, stationary, and mobile sources using 1990 as the base year

for calculations. Although the 1990 inventory can be considered

representative of attainment conditions because the NAAQS were not

violated during 1990, New Jersey established CO emissions for the

redesignation year, 1995, as well as a forecast for the year 2007 in

its redesignation request. These estimates were derived from the

State's 1990 emissions inventory and assumptions

[[Page 62744]]

about economic and vehicle miles travelled growth.

B. Demonstration of Maintenance-Projected Inventories

Total CO emissions were projected from 1990 base year out to 2007.

These projected inventories were prepared in accordance with EPA

guidance. The projections in Table A show that future CO emissions are

not expected to exceed the level of emissions in the base year after

the benefits of the Federal Motor Vehicle Control Program, reformulated

gasoline and pre-1990 basic I/M program are taken into consideration.

It should be noted that the NJDEP demonstrated that Camden County and

the nine not-classified areas will maintain the CO standard without the

need for an oxygenated fuels program.

As a result of this projection, New Jersey took into account the

effects of growth due to economic activities and population on

stationary and off-highway sources.

C. Monitoring Network

New Jersey has committed to continue to operate its existing air

monitoring network and quality assurance program in accordance with 40

CFR part 58 to ensure the development of complete and accurate emission

inventory and air monitoring data.

D. Verification of Continued Attainment

Continued attainment of the CO NAAQS in Camden County and the nine

not-classified areas depends, in part, on the State's efforts toward

tracking indicators of continued attainment during the maintenance

period. The State has also committed to submit periodic inventories of

CO emissions every three years beginning in 1996 and continuing at

least through 2007.

E. Contingency Plan

The level of CO emissions in Camden County and the nine not-

classified areas will largely determine their ability to stay in

compliance with the CO NAAQS in the future. Despite the State's best

efforts to demonstrate continued compliance with the NAAQS, the ambient

air pollutant concentrations may exceed or violate the NAAQS based upon

some unforeseeable condition. In order to meet this challenge, the CAA

requires states to develop contingency measures to offset these

conditions.

New Jersey will be using an enhanced I/M program as its contingency

measure. New Jersey is implementing enhanced I/M to meet other

requirements of the CAA and it has the additional benefit of reducing

CO emissions. However, New Jersey will not wait for a triggering

mechanism before implementing this measure. Instead, the State will

implement this program as quickly as is practicable. Operation of this

program is expected to begin in 1996.

5. Meeting Applicable Requirements of Section 110 and Part D

In section III.2. of this notice EPA sets forth the basis for its

conclusion that New Jersey has a fully approved SIP which meets the

applicable requirements of section 110 and Part D of the CAA. EPA notes

that section 110 also requires that states include in their SIPs, where

applicable, oxygenated gasoline programs. EPA has concluded that Camden

County is no longer required to have an oxygenated gasoline program in

the applicable SIP because the entire Philadelphia-Wilmington-Trenton

CMSA is in fact attaining the CO NAAQS. In addition, for redesignation

purposes, an oxygenated gasoline program does not have to be a part of

the applicable SIP for the nine not classified nonattainment areas.

Camden County

The Camden County low moderate nonattainment area had a CO design

value greater than 9.5 parts per million at the time of the enactment

of the Clean Air Act Amendments of 1990 and thus was originally

required to have an oxygenated gasoline program by November 1, 1992 as

a part of the SIP for this area. In this notice, however, EPA is

finding that the entire Philadelphia-Camden nonattainment area is

currently attaining the CO NAAQS (See section III.1). Under a new

interpretation of section 211(m)(6) discussed in this section, once EPA

determines that a CO nonattainment area is actually attaining the CO

NAAQS and that the area demonstrates it does not need oxygenated

gasoline to maintain the NAAQS, section 211(m) no longer requires the

submittal of a SIP revision for the area embodying an oxygenated

gasoline program so long as the area continues to maintain the

standard. Thus, because EPA finds that the Philadelphia-Camden

nonattainment area is actually attaining the NAAQS and that Camden

County has demonstrated that it does not need oxygenated gasoline for

maintenance, Camden County is no longer required to have an oxygenated

gasoline program in the applicable SIP. As a consequence, Camden County

may be redesignated notwithstanding the lack of a section 211(m)

oxygenated gasoline program since such a program is not an applicable

requirement for purposes of evaluating the redesignation request for

Camden County pursuant to section 107(d)(3)(E).

In this notice, EPA is refining its previous interpretation of when

section 211(m) requires a state to include an oxygenated gasoline

program in its SIP. Section 211(m)(1) requires states with

nonattainment areas with a design value of at least 9.5 ppm to submit a

SIP revision containing oxygenated gasoline requirements. Section

211(m)(6), however, states: ``Nothing in this subsection shall be

interpreted as requiring an oxygenated gasoline program in an area

which is in attainment for CO, except that in a CO area which is

redesignated as attainment for CO, the requirements of this subsection

shall remain in effect to the extent such program is necessary to

maintain such standard * * *'' (emphasis added).

Previously, EPA has looked to an area's designation as

nonattainment to determine whether oxygenated gasoline is required.

However, section 211(m)(6) refers specifically to an area ``which is in

attainment,'' not to one which is designated attainment. EPA interprets

this language to mean that as soon as EPA determines that an entire

nonattainment area is actually in attainment, even prior to

redesignation, section 211(m) no longer requires an oxygenated gasoline

program for that area.

This interpretation is based on the plain language of the statute

and is supported by the general CAA structure for applying provisions

for SIP requirements to nonattainment areas. Section 211(m)(6) provides

that nothing in section 211(m) is to be interpreted as requiring an

oxygenated gasoline program in an area that is ``in attainment;'' it

does not state that nothing in section 211(m) is to be interpreted as

requiring an oxygenated gasoline program in an area ``designated

attainment.'' The two issues are distinct, however. Whether an area is

``in attainment'' depends solely on a determination of whether an area

is attaining the NAAQS (a determination based on the air quality of the

area), whereas an area's designation as attainment or nonattainment

depends on other factors as well as its own air quality. [See section

107(d)(1) and (d)(3)(E).] Congress has drawn distinctions between the

issue of whether an area has attained the standard and its designation

as attainment. [See, e.g., section 107(d)(3)(E) (attainment of the

standard is one of several criteria for being redesignated attainment);

section 182(f) (NOX RACT requirements may be waived for

nonattainment areas if it is

[[Page 62745]]

determined that NOX reductions would not contribute to attainment

of the standard).]

Moreover, this interpretation is a reasonable reading that gives

section 211(m)(6) legal effect. Section 175A states that nonattainment

area requirements continue in force and effect until an area is

redesignated to attainment; by implication, once the area is

redesignated, the requirements no longer apply except as needed for

maintenance or as contingency measures. Section 211(m)(6) would be a

redundant restatement of this principle if it meant only that

redesignated areas were no longer subject to oxygenated gasoline

requirements. Furthermore, EPA notes that provisions such as section

211(m)(6) are not reflected in other nonattainment area provisions,

such as the inspection/maintenance requirements, further supporting

EPA's interpretation.

The effects of this interpretation of section 211(m) are limited in

several respects. Where a state that is in fact attaining the CO NAAQS

has an oxygenated gasoline program as part of an approved SIP, the

program would remain in the SIP; section 211(m)(6) only would allow the

state to submit a SIP revision to remove the program, and then only if

it is not needed for maintenance and its removal complied with section

110(l). Also, the entire nonattainment area must be actually achieving

the CO NAAQS before oxygenated gasoline would not be required for any

portion of the MSA or CMSA in which an area is located. Furthermore,

unless the area is redesignated to attainment, the oxygenated gasoline

program requirement would again become effective upon a subsequent

violation of the standard. In addition, as this interpretation is based

on the language of section 211(m)(6), it does not extend beyond the

oxygenated gasoline requirements to other CAA SIP requirements.

The Nine Not Classified Areas

For various reasons, none of the nine not-classified nonattainment

areas being redesignated to attainment in today's notice are required

to have an oxygenated gasoline program in their approved SIP in order

to be redesignated. None of the areas had a CO design value of 9.5

parts per million or greater and, therefore, none of the nine areas

would have been required to have an oxygenated gasoline program.

However, oxygenated gasoline programs had been required in eight of

these nine areas because they are located in a CMSA containing a

moderate CO nonattainment area in which section 211(m) required a

program. The ninth area, Atlantic City, was and is not required to have

an oxygenated fuel program in its SIP nor is it a part of a CMSA where

the program is required.

Three of the 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. While these areas had once

been required to have an oxygenated gasoline program due to their

location in the same CMSA as the Camden Area, as the Camden Area is no

longer required to have a program, they are also no longer required to

have a program.

EPA is proceeding with the redesignation of the remaining five not-

classified nonattainment areas in the NY-NJ-LI CMSA notwithstanding the

lack of an approved SIP requiring the sale of oxygenated fuels in these

five areas. These areas are, the Borough of Freehold, the City of

Morristown, the City of Perth Amboy, the City of Toms River and the

Borough of Somerville. EPA believes that these five areas satisfy the

requirement of section 107(d)(3)(E) of the CAA in that they have a

fully-approved SIP meeting all of the section 110 and Part D

requirements applicable to the area. The reasons for this view are

based on a combination of factors.

The requirements of section 211(m) concerning the sale of

oxygenated gasoline in the NY-NJ-LI CMSA do not apply to the five not-

classified areas by virtue of their own classification, designation or

design value. Rather, oxygenated fuel is required to be sold in these

areas because they are located within a CMSA containing a moderate CO

nonattainment area with a design value of greater than 9.5 parts per

million.

The requirements concerning the sale of oxygenated fuels in areas

that are located within a CMSA in which a CO nonattainment area with a

design value of 9.5 parts per million or greater exist regardless of

the designation or classification of those areas as attainment,

nonattainment or not-classified. Thus, the applicability of the

requirements concerning the sale of oxygenated fuels in the five not-

classified areas will not be affected by the redesignation of those

areas to attainment. Furthermore, the State of New Jersey remains

subject to a requirement to submit a SIP revision requiring the sale of

oxygenated fuel in the New Jersey portion of the NY-NJ-LI CMSA because

nonattaining areas of the CMSA remain subject to the section 211(m)

requirements.

For purposes of applying the provisions of section 107(d)(3)(E)

concerning requirements applicable to an area seeking redesignation,

EPA believes it reasonable and appropriate to view the oxygenated fuel

requirements of section 211(m) as applying only to an area within a

CMSA whose design value triggered the applicability of the program, but

not to the peripheral areas within the same CMSA that are subjected to

the program by virtue of their location within that CMSA. Nonetheless,

the redesignation to attainment of the five not-classified areas

located in the NY-NJ-LI CMSA will not remove the mandate that the State

is required to submit a SIP revision to implement an oxygenated fuel

program throughout the CMSA.

IV. Final Action

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 CAA. 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) for redesignation. EPA is also

approving New Jersey's 1990 base year CO emissions inventory and

contingency measures.

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.

EPA is publishing this rule without prior proposal because EPA

views this as a noncontroversial amendment and anticipates no adverse

comments. However, in a separate document in this Federal Register

publication, the EPA is proposing to approve the SIP revision should

adverse or critical comments be filed. Thus, this direct final action

will be effective February 5, 1996 unless, by January 8, 1996, adverse

or critical comments are received.

If the EPA receives such comments, this rule will be withdrawn

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this rule should

do so at this time. If no

[[Page 62746]]

adverse comments are received, the public is advised that this rule

will be effective in 60 days. [See 47 FR 27073 and 59 FR 24059.]

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, 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 CAA,

preparation of a regulatory 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. 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 state implementation plan 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 CAA. 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 direct 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. 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)(l) of the CAA, 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.

Dated: October 24, 1995.

William J. Muszynski,

Deputy Regional Administrator.

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 52.1570 is amended by adding paragraph (c)(57) to read

as follows:

Sec. 52.1570 Identification of plan.

* * * * *

(c) * * *

(57) The redesignation and maintenance plan for Camden County and

the Nine not-classified areas (the City of Trenton, the City of

Burlington, the Borough of Penns Grove (part), the Borough of Freehold,

the City of Morristown, the City of Perth Amboy, the City of Toms

River, the Borough of Somerville, and the City of Atlantic City)

submitted by the New Jersey Department of Environmental Protection on

September 28, 1995, as part of the New Jersey SIP. The 1990 Baseline CO

Emission Inventory for the State of New Jersey was submitted on

November 15, 1992 and a Technical Update was submitted on November 21,

1994.

(i) Incorporation by reference.

(A) ``New Jersey Carbon Monoxide State Implementation Plan

Redesignation And Maintenance Plan For Camden County,'' section 5.f,

effective date September 28, 1995.

(B) ``New Jersey Carbon Monoxide State Implementation Plan

Redesignation and Maintenance Plan for the Nine Not-Classified

Nonattainment Areas,'' section 5.f, effective date September 28, 1995.

(ii) Additional material.

(A) ``New Jersey Carbon Monoxide State Implementation Plan

Redesignation And Maintenance Plan For Camden County'' with appendices,

September 28, 1995.

(B) ``New Jersey Carbon Monoxide State Implementation Plan

Redesignation and Maintenance Plan for the Nine Not-Classified

Nonattainment Areas'' with appendices, September 28, 1995.

3. Section 52.1582 is amended by redesignating paragraph (d) to

(d)(1) and adding new paragraph (d)(2) to read as follows:

Sec. 52.1582 Control strategy and regulations: Ozone (volatile organic

substances) and carbon monoxide.

* * * * *

(d) * * *

(d)(2) The base year carbon monoxide emission inventory requirement

of section 187(a)(1) of the 1990 Clean Air Act Amendments has been

satisfied for the entire State. The inventory was submitted on November

15, 1992 and amended on September 28, 1995 by the New Jersey Department

of Environmental Protection as a revision to the carbon monoxide State

Implementation Plan.

[[Page 62747]]

PART 81--[AMENDED]

Subpart C--Section 107 Attainment Status Designations

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. In Sec. 81.331, the table for ``New Jersey-Carbon Monoxide'' is

amended by revising the entry for Camden County to read as follows:

Sec. 81.331 New Jersey.

* * * * *

New Jersey--Carbon Monoxide

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area ----------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

----------------------------------------------------------------------------------------------------------------

Atlantic City Area:

Atlantic County (part) February 5, 1996...... Attainment. ........... .....................

The City of Atlantic

City.

Burlington Area:

Burlington County (part) February 5, 1996...... Attainment. ........... .....................

City of Burlington.

Freehold Area:

Monmouth County (part) February 5, 1996...... Attainment. ........... .....................

Borough of Freehold.

Morristown Area:

Morris County (part) City February 5, 1996...... Attainment. ........... .....................

of Morristown.

New York-N. New Jersey-Long

Island Area:

Bergen County............ ...................... Nonattainment ........... Moderate > 12.7ppm.

Essex County............. ...................... Nonattainment ........... Moderate > 12.7ppm.

Hudson County............ ...................... Nonattainment ........... Moderate > 12.7ppm.

Passaic County (part):

City of Clifton...... ...................... Nonattainment ........... Moderate > 12.7ppm.

City of Patterson.... ...................... Nonattainment ........... Moderate > 12.7ppm.

City of Passaic...... ...................... Nonattainment ........... Moderate > 12.7ppm.

Union County......... ...................... Nonattainment ........... Moderate > 12.7ppm.

Penns Grove Area:

Salem County (part) February 5, 1996...... Attainment. ........... .....................

Borough of Penns Grove.

Those portions within

100 yards of the

intersections of U.S.

Route 130 and County

Roads 675 & 607.

Perth Amboy Area:

Middlesex County (part) February 5, 1996...... Attainment. ........... .....................

City of Perth Amboy.

Philadelphia-Camden County

Area:

Camden County............ February 5, 1996...... Attainment. ........... .....................

Somerville Area:

Somerset County (part) February 5, 1996...... Attainment. ........... .....................

Borough of Somerville.

Toms River Area:

Ocean County (part) City February 5, 1996...... Attainment. ........... .....................

of Toms River.

Trenton Area:

Mercer County (part) City February 5, 1996...... Attainment. ........... .....................

of Trenton.

AQCR 043 NJ NY Connecticut ...................... Unclassifiable/ ........... .....................

Interstate (Remainder of). Attainment..

Middlesex County (part)

area outside of Perth

Amboy.

Monmouth County (part)

area outside of Freehold.

Morris County (part) area

outside of Morristown.

Passaic County (part)

area outside Clifton,

Patterson, and Passaic.

Somerset County (part)

area outside of

Somerville.

AQCR 045 Metro. Philadelphia ...................... Unclassifiable/ ........... .....................

Interstate (Remainder of). Attainment.

Burlington County (part)

Area outside Burlington.

Gloucester County........

Mercer County (part) Area

outside Trenton.

Salem County (part) Area

outside Penns Grove Area.

AQCR 150 New Jersey ...................... Unclassifiable/ ........... .....................

Intrastate. Attainment.

Atlantic County (part)

Area outside Atlantic

City.

Cape May County..........

Cumberland County........

Ocean County (part) Area

outside Toms River.

AQCR 151 NE PA--Upper ...................... Unclassifiable/ ........... .....................

Delaware Valley. Attainment.

Hunterdon County.........

Sussex County ...........

[[Page 62748]]

Warren County ...........

----------------------------------------------------------------------------------------------------------------

\1\This date is November 15, 1990, unless otherwise noted.

[FR Doc. 95-29818 Filed 12-6-95; 8:45 am]

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