Approval and Promulgation of Implementation Plans; Revision to the New Jersey State Implementation Plan for Carbon Monoxide

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. 142; SIPTRAX NJ15-2-6920, FRL-5524-3]

Approval and Promulgation of Implementation Plans; Revision to

the New Jersey State Implementation Plan for Carbon Monoxide

AGENCY: Environmental Protection Agency (EPA).

[[Page 38592]]

ACTION: Final rule.

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SUMMARY: This document takes final EPA action on certain elements of a

request by the State of New Jersey to revise its State Implementation

Plan (SIP) for carbon monoxide. EPA is approving New Jersey's vehicle

miles travelled forecast and multi-state coordination commitment and is

giving a limited approval to New Jersey's new source review regulation,

which covers all nonattainment pollutants. EPA will be taking future

action on New Jersey's attainment demonstration and enhanced inspection

and maintenance program in a separate Federal Register document. In a

December 7, 1995 document EPA approved New Jersey's contingency

measures and statewide emissions inventory. The contingency measures

include transportation control measures which cover traffic flow

improvements, park & ride lots, and increased ridesharing. In a

February 12, 1996 document EPA approved New Jersey's oxygenated fuels

rule. These revisions were required by the Clean Air Act as amended in

1990 and will contribute towards attaining the carbon monoxide

standard.

EFFECTIVE DATE: This action is effective August 26, 1996.

ADDRESSES: Copies of New Jersey's submittals are available at the

following addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Library, 16th Floor,

290 Broadway, New York, New York 10007-1866.

New Jersey Department of Environmental Protection, 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: Henry Feingersh, Air Programs Branch,

Environmental Protection Agency, 290 Broadway, New York, New York

10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Background

The Clean Air Act, as amended in 1990, sets forth a number of

requirements that states had to submit as revisions to their State

Implementation Plans (SIPs) by November 15, 1992 for areas designated

as moderate nonattainment for carbon monoxide. These requirements are:

an attainment demonstration, an enhanced vehicle inspection and

maintenance (I/M) program, an oxygenated fuels rule, a vehicle miles

travelled forecast, contingency measures, a carbon monoxide emission

inventory, a revised new source review program, and a multi-state

coordination letter.

EPA has issued a ``General Preamble'' describing its preliminary

views on how it intends to review SIPs and SIP revisions submitted in

order to meet Title I requirements [see generally 57 FR 13498 (April

16, 1992) and 57 FR 18070 (April 28, 1992)]. The reader should refer to

the General Preamble for a more detailed discussion of the Title I

requirements and what EPA views as necessary to adequately comply with

Title I provisions.

On November 15, 1992, New Jersey submitted to EPA proposed

revisions to its carbon monoxide SIP that addressed each of the above

requirements for its two moderate carbon monoxide nonattainment areas.

In addition, in a submittal dated October 4, 1993, New Jersey submitted

to EPA information on transportation control measures which New Jersey

will use as a contingency measure.

The New Jersey portion of the New York-Northern New Jersey-Long

Island carbon monoxide nonattainment area is classified as a Moderate 2

area (an area that has a design value of 12.8-16.4 ppm). The New York-

Northern New Jersey-Long Island carbon monoxide nonattainment area is

part of the New York-Northern New Jersey-Long Island Consolidated

Metropolitan Statistical Area and includes the counties of Bergen,

Essex, Hudson, Union, and parts of Passaic County. The nonattainment

area in Passaic County includes the cities of Clifton, Paterson, and

Passaic. The remainder of the State is in attainment for carbon

monoxide.

EPA published its proposed action on those parts of the New Jersey

submittal covered by this document on November 10, 1994 (59 FR 56019).

The reader is referred to that proposal for a detailed discussion of

EPA's action. Comments were due by December 10, 1994. The State of New

Jersey was the only commenter.

Public Comment

All of New Jersey's comments concerned EPA's proposed action on the

State's Subchapter 18, ``Control and Prohibition of Air Pollution From

New or Altered Sources Affecting Ambient Air Quality (Emission Offset

Rules)'' (new source review regulation). In its November 10, 1994

Federal Register document EPA noted that New Jersey's Subchapter 18

lacked certain elements which are summarized as follows:

1. A provision that requires changes in existing permits providing

offsets to be in effect by the time of permit issuance;

2. A process that provides information from nonattainment new

source review permits to EPA's control technology clearinghouse;

3. A definition of ``stationary source'' which excludes the new

category of ``nonroad engines;''

4. Provisions for modifications in serious and severe ozone

nonattainment areas required under sections 182(c)(6), (7) and (8) of

the Clean Air Act;

5. A net air quality benefit test;

6. A methodology for calculating net emissions increase that

adheres to EPA guidance and policy; and

7. Definitions for ``initiation of construction'' and ``initiation

of operation.''

The November 10, 1994 Federal Register proposal contains detailed

information on each of the aforementioned items.

The State commented that it will revise its regulations to address

Items 1, 2, 5, and 7 on an expedited schedule and is currently doing

so. However, the State has requested guidance from EPA on issues

associated with Items 3, 4 and 6. As a result, there are still

deficiencies in the rule that need to be corrected before it can be

fully approved. It is EPA's position that these deficiencies must be

addressed expeditiously. Until they are, the requirements related to

the afore-referenced elements are currently in effect under the

authority of the Clean Air Act, even in the absence of an applicable

implementation plan addressing these requirements.

In the interim, EPA is moving forward by finalizing its proposed

limited approval of New Jersey's new source review rule because it

strengthens the existing New Jersey SIP by incorporating Clean Air Act

requirements. Such requirements include, but are not limited to, new

offset ratios, new applicability thresholds, and the NOX

requirements of section 182(f) for most ozone nonattainment areas.

Vehicle Miles Travelled Forecast

The New Jersey SIP is required under section 187(a)(2)(A) of the

Clean Air Act to include a forecast of vehicle miles travelled through

the year 1995. In addition, annual reports and annual updates are

required of the State; the first of these was required by September 30,

1994. EPA finds that New Jersey has submitted documentation satisfying

these requirements, and therefore, is approving New Jersey's vehicle

miles travelled forecast SIP revision.

[[Page 38593]]

Multi-State Coordination

The New Jersey SIP is required under section 187(e) of the Clean

Air Act to include a joint workplan to demonstrate early cooperation

and integration of all states in the nonattainment area. This workplan

consisted of a letter signed by former Director Nancy Wittenberg

containing a detailed schedule of milestones and a commitment to

coordinate with EPA and each of the states involved. EPA finds that New

Jersey has fulfilled this requirement and approves the multi-state

coordination commitment.

Further Action

EPA will be taking action on New Jersey's Subchapter 18, enhanced

inspection and maintenance program, attainment demonstration, and

conformity rules in future Federal Register documents.

New Jersey is currently in the process of adopting an enhanced

inspection and maintenance program. Once this is submitted as a SIP

revision and approved by EPA, the attainment demonstration (which

relies on credit from the enhanced inspection and maintenance program)

would also be acted upon by EPA.

Conclusion

EPA is fully approving New Jersey's vehicle miles travelled

forecast and the multi-state coordination as revisions to New Jersey's

carbon monoxide SIP. In addition, EPA is giving limited approval to New

Jersey's Subchapter 18, ``Control and Prohibition of Air Pollution from

New or Altered Sources Affecting Ambient Air Quality (Emission Offset

Rules)'' effective March 15, 1993.

Once the remaining elements are approved, EPA can give a full

approval to the carbon monoxide SIP. Therefore, EPA can only give the

New Jersey carbon monoxide SIP a limited approval until action is taken

on the remaining elements.

This document is issued as required by section 110 of the Clean Air

Act, as amended. The Administrator's decision regarding the approval of

this plan revision is based on its meeting the requirements of section

110 of the Clean Air Act, and 40 CFR Part 51.

Nothing in this rule 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 any 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 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 section 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 will 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.

The Office of Management and Budget has exempted this action from

review under Executive Order 12866.

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 section

307(b)(2).)

Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) of the Administrative Procedure Act

(APA) as amended 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 this rule in today's Federal Register.

This rule is not a ``major rule'' as defined by section 804(2) of the

APA as amended.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements.

Dated: May 31, 1996.

William J. Muszynski,

Acting Regional Administrator.

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 52.1570 is amended by adding new paragraph (c)(54) to

read as follows:

Sec. 52.1570 Identification of plan.

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(c) * * *

* * * * *

(54) Revisions to the New Jersey State Implementation Plan (SIP)

for carbon monoxide concerning the control of

[[Page 38594]]

carbon monoxide from mobile sources, dated November 15, 1992 and

November 21, 1994 submitted by the New Jersey State Department of

Environmental Protection (NJDEP).

(i) Incorporation by reference.

(A) Chapter 27, Title 7 of the New Jersey Administrative Code

Subchapter 18, ``Control and Prohibition of Air Pollution from New or

Altered Sources Affecting Ambient Air Quality (Emission Offset

Rules),'' effective March 15, 1993.

(ii) Additional material.

(A) November 21, 1994, Technical update to the New Jersey Carbon

Monoxide SIP.

3. In Sec. 52.1605 the table is amended by removing the first entry

for Title 7, Chapter 27: Subchapter 18 and revising the second entry to

read as follows:

Sec. 52.1605 EPA-approved New Jersey State regulations.

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State regulation State effective date EPA approved date Comments

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Title 7, Chapter 27

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*

Subchapter 18, ``Control and Mar. 15, 1993......... July 25, 1996......... See July 25, 1996 for items

Prohibition of Air Pollution from not included in this

New or Altered Sources Affecting limited approval.

Ambient Air Quality (Emission

Offset Rules).''.

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[FR Doc. 96-18642 Filed 7-24-96; 8:45 am]

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