Approval and Promulgation of Implementation Plans; New Jersey 15 Percent Rate of Progress Plans, Recalculation of 9 Percent Rate of Progress Plans and 1999 Transportation Conformity Budget Revisions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ33-2-191; FRL-6328-8]

Approval and Promulgation of Implementation Plans; New Jersey 15

Percent Rate of Progress Plans, Recalculation of 9 Percent Rate of

Progress Plans and 1999 Transportation Conformity Budget Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a New

Jersey State Implementation Plan (SIP) revision involving the State's

Ozone plan. Specifically, EPA is approving the 15 Percent Rate of

Progress (ROP) Plans, recalculation of the 9 Percent ROP Plans,

revisions to the 1990 base year emission inventories, revisions to the

[[Page 19914]]

1996 and 1999 projection year emission inventories, and the 1999

transportation conformity budgets. The intended effect of this action

is to approve programs required by the Clean Air Act which will result

in emission reductions that will help achieve attainment of the 1-hour

national ambient air quality standard for ozone. In addition, this

approved SIP revision corrects the deficiency which led EPA to

disapprove, on December 12, 1997, New Jersey's 15 Percent ROP Plans.

Consequently, the sanction and Federal Implementation Plan (FIP)

process that was started by EPA's disapproval are terminated. The

sanction clock associated with the State's failure to implement the

enhanced inspection and maintenance program continues to run.

EFFECTIVE DATE: This rule will be effective April 23, 1999.

ADDRESSES: Copies of the State's submittals are available at the

following addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Air Programs Branch,

290 Broadway, 25th Floor, New York, New York 10007-1866.

New Jersey Department of Environmental Protection, Office of Air

Quality Management, Bureau of Air Pollution Control, 401 East State

Street, CN027, Trenton, New Jersey 08625.

Environmental Protection Agency, Air and Radiation Docket and

Information Center, Air Docket (6102), 401 M Street, S.W., Washington,

D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Paul R. Truchan, Air Programs Branch,

Environmental Protection Agency, 290 Broadway, 25th Floor, New York,

New York 10278, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

I. Background

On March 1, 1999 (64 FR 9952), EPA proposed approval of New

Jersey's State Implementation Plan (SIP) submittals of July 30, 1998

and February 10, 1999. The July and February SIP submittals address the

requirements for the two severe ozone nonattainment areas in New

Jersey--the New York, Northern New Jersey, Long Island Area, and the

Philadelphia, Wilmington, Trenton Area. For the purposes of this

action, these areas will be referred to as, respectively, the Northern

New Jersey nonattainment area (NAA) and the Trenton NAA. The counties

located within the Northern New Jersey NAA are: Bergen, Essex, Hudson,

Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset,

Sussex, and Union. The counties within the Trenton NAA are: Burlington,

Camden, Cumberland, Gloucester, Mercer, and Salem.

The following Clean Air Act (CAA) requirements were included in the

March 1, 1999 proposal: revisions to the 1990 base year ozone emission

inventory; revisions to the 1996 and 1999 ozone projection emission

inventories; and the 1999 transportation conformity budgets. EPA also

proposed approval of New Jersey's 15 Percent Rate of Progress (ROP)

Plans and recalculation of the 9 Percent ROP Plans. New Jersey's two

SIP submittals revised the previously submitted 15 Percent ROP Plans

and 9 Percent ROP Plans dated December 31, 1996 and February 25, 1997.

New Jersey's new 15 ROP Plans will achieve the required emission

reductions by November 15, 1999. This is the same date that the

reductions would have been achieved had the enhanced I/M program

started on time. The new measures along with the previously approved

measures in the new 15 Percent ROP Plans being approved today meets

EPA's ``as soon as practicable'' criteria.

A detailed discussion of the SIP revisions and EPA's rationale for

approving them is contained in the March 1, 1999 proposal and will not

be restated here. The reader is referred to the proposal for more

details.

II. Public Comments

In response to EPA's proposed action on this New Jersey SIP

revision, no comments were received.

III. Federal Implementation Plan

On December 12, 1997, EPA announced by letter that its conditional

approval of New Jersey's 15 Percent ROP Plans had converted to a

disapproval because the enhanced inspection and maintenance program,

which was part of the State's plans, did not start as scheduled and

resulted in an emission reduction shortfall. This disapproval applied

to the New Jersey portions of the two severe ozone nonattainment areas:

the Northern New Jersey NAA and the Trenton NAA.

EPA's disapproval of New Jersey's 15 Percent ROP Plans triggered an

obligation to promulgate a Federal Implementation Plan (FIP). For the

Trenton NAA, EPA has been under a Consent Agreement to propose a FIP by

January 15, 1999, and to adopt the FIP by August 15, 1999. EPA

developed such a FIP and proposed it on January 22, 1999 (64 FR 3465).

Today's approval of the July 30, 1998 addendum and the February 10,

1999 State Implementation Plan revision for the Northern New Jersey and

Trenton nonattainment areas eliminates the shortfall identified in

EPA's December 12, 1997 disapproval of New Jersey's 15 Percent ROP

Plans and, thereby, terminates the sanction process associated with

this deficiency and the requirement for EPA to promulgate a FIP.

Therefore, EPA will not proceed with the FIP proposal which was

published on January 22, 1999 (64 FR 3465). The sanction clock

associated with the State's failure to implement the enhanced

inspection and maintenance program, which was included in the December

12, 1997 disapproval, continues to run.

IV. Conclusion

EPA has evaluated these submittals for consistency with the CAA and

Agency regulations and policy. EPA is approving New Jersey's: revisions

to the 1990 base year ozone emission inventory; revisions to the 1996

and 1999 ozone projection emission inventories; 15 Percent ROP Plans,

recalculation of the 9 Percent ROP Plans; and the 1999 transportation

conformity budgets for the North Jersey Transportation Planning

Authority, South Jersey Transportation Planning Organization, and

Delaware Valley Regional Planning Commission.

EPA is making its approval of today's action effective upon the

date of publication in the Federal Register, based upon a finding of

good cause. Approval of this action would relieve restrictions that

have been placed on New Jersey when EPA disapproved its SIP on December

12, 1997 and will not adversely affect other parties. The sanction

clock associated with the State's failure to implement the enhanced

inspection and maintenance program, which was included in the December

12, 1997 disapproval, continues to run.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under Executive Order 12875, EPA may not issue a regulation that is

not required by statute and that creates a mandate upon a State, local

or tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, Executive

[[Page 19915]]

Order 12875 requires EPA to provide to the Office of Management and

Budget a description of the extent of EPA's prior consultation with

representatives of affected State, local and tribal governments, the

nature of their concerns, copies of any written communications from the

governments, and a statement supporting the need to issue the

regulation. In addition, Executive Order 12875 requires EPA to develop

an effective process permitting elected officials and other

representatives of State, local and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on State, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1 of Executive Order

12875 do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

EPA interprets E.O. 13045 as applying only to those regulatory

actions that are based on health or safety risks, such that the

analysis required under section 5-501 of the Order has the potential to

influence the regulation. This SIP approval is not subject to E.O.

13045 because it approves a state program implementing a Federal

standard, and it is not economically significant under E.O. 12866.

D. Executive Order 13084

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, EPA certifies that this action will not

have a significant economic impact on a substantial number of small

entities. Moreover, due to the nature of the Federal-State relationship

under the Clean Air Act, preparation of flexibility analysis would

constitute Federal inquiry into the economic reasonableness of state

action. The Clean Air Act forbids EPA to base its actions concerning

SIPs on such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246,

255-66 (1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

annual costs to State, local, or tribal governments in the aggregate;

or to private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated annual costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

pre-existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This rule is not a

``major'' rule as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by June 22, 1999. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to

[[Page 19916]]

enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile organic compounds.

Dated: April 12, 1999.

William J. Muszynski,

Acting Regional Administrator, Region 2.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Sec. 52.1580 [Amended]

2. Section 52.1580 is amended by removing and reserving paragraph

(b).

Sec. 52.1581 [Removed and Reserved]

3. Section 52.1581 is removed and reserved.

4. Section 52.1582 is amended by adding a sentence to the end of

paragraph (d)(1) and by revising paragraphs (d)(3) and (d)(4) and

adding new paragraph (g) as follows:

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

substances) and carbon monoxide.

* * * * *

(d)(1) * * * Revisions to the 1990 base year emission inventory

dated February 10, 1999 for the New York/Northern New Jersey/Long

Island and Philadelphia/Wilmington/Trenton nonattainment areas of New

Jersey have been approved.

* * * * *

(3) The 1996 and 1999 ozone projection year emission inventories

included in New Jersey's July 30, 1998 addendum and February 10, 1999

State Implementation Plan revision for the New York/Northern New

Jersey/Long Island and Philadelphia/Wilmington/Trenton nonattainment

areas have been approved.

(4) The conformity emission budgets for the McGuire Air Force Base

included in New Jersey's December 31, 1996 State Implementation Plan

revision have been approved. The 1999 conformity emission budgets for

the North Jersey Transportation Planning Authority, South Jersey

Transportation Planning Organization and Delaware Valley Regional

Planning Commission included in New Jersey's July 30, 1998 addendum and

the February 10, 1999 State Implementation Plan revision have been

approved.

* * * * *

(g) The 15 Percent Rate of Progress (ROP) Plans and the

recalculation of the 9 Percent ROP Plans included in the July 30, 1998

addendum and the February 10, 1999 State Implementation Plan revision

for the New York/Northern New Jersey/Long Island and Philadelphia/

Wilmington/Trenton nonattainment areas have been approved.

[FR Doc. 99-9872 Filed 4-22-99; 8:45 am]

BILLING CODE 6560-50-P