[Federal Register Volume 67, Number 164 (Friday, August 23, 2002)]
[Rules and Regulations]
[Pages 54574-54580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21283]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[Region II Docket No. NJ52-243(a); FRL-7264-6]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On January 15, 2002, the New Jersey State Department of
Environmental Protection (NJDEP) submitted a request to EPA to
redesignate the New Jersey portion of the New York-Northern New Jersey-
Long Island Carbon Monoxide (CO) nonattainment area from nonattainment
to attainment of the National Ambient Quality Standard (NAAQS) for CO.
EPA is approving this request from the State of New Jersey because it
meets the
[[Page 54575]]
redesignation requirements set forth in the Clean Air Act. In addition,
EPA is approving the New Jersey CO maintenance plan because it provides
for continued maintenance of the CO NAAQS.
EPA is also approving the New Jersey CO attainment demonstration
that was submitted on August 7, 1998. This provides for full approval
of New Jersey's State Implementation Plan (SIP) for CO.
Additionally, EPA is approving the 2007 and 2014 transportation
conformity budgets found in New Jersey's CO maintenance plan. Finally,
EPA is approving the 1997 transportation conformity budget submitted on
December 10, 1999 as an addendum to the New Jersey CO attainment
demonstration submitted on August 7, 1998.
The intended effect of this action is to approve a plan that
demonstrates that the CO standard has been attained and will continue
to be attained.
DATES: This direct final rule will be effective on October 22, 2002
unless EPA receives adverse comments by September 23, 2002. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Written comments should be addressed to: Raymond Werner,
Chief, Air Programs Branch, Environmental Protection Agency, Region 2
Office, 290 Broadway, 25th Floor, New York, New York 10007-1866.
Copies of the State submittals and EPA's Technical Support Document
are available for public inspection during normal business hours, by
appointment, at the following addresses:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th 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: Henry Feingersh, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212)637-4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. What is required by the Clean Air Act and how does it apply to
New Jersey?
2. What Was Included in New Jersey's Submittal and Does It Meet the
Clean Air Act Requirements?
3. What are EPA's findings?
4. What are EPA's Conclusions?
5. EPA Rulemaking Action
6. Administrative Requirements
1. What Is Required by the Clean Air Act and How Does It Apply to New
Jersey?
Under the Clean Air Act (CAA) as amended in 1990, air quality
designations can be revised if sufficient data is available to warrant
such revisions.
Section 107(d)(3)(E) of the CAA identifies five specific
requirements that an area must meet in order to be redesignated from
nonattainment to attainment.
a. The Area Must Have Attained the Applicable NAAQS
b. The area must have a fully approved SIP under section 110(k) of
the CAA.
c. The air quality improvement must be permanent and enforceable.
d. The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA.
e. The area must meet all applicable requirements under section 110
and Part D of the CAA.
Pursuant to sections 107, 186, and 187 of the CAA, the New Jersey
portion of the New York-Northern New Jersey-Long Island CO
nonattainment area is classified as a moderate 2 area (i.e., an area
having a CO design value of 12.8--16.4 parts per million, or ppm). The
entire non-attainment area is included within the New York-Northern New
Jersey-Long Island Consolidated Metropolitan Statistical Area (CMSA).
The areas in New Jersey which are designated non-attainment include the
Counties of Hudson, Essex, Bergen, and Union and the municipalities of
Clifton, Passaic, and Paterson in Passaic County.
The CO design value used for designation and control program
development purposes was 13.5 ppm and was based on ambient CO data from
a monitor in Kings County, New York. Kings County was chosen because
this site recorded the highest CO values in the multistate
nonattainment area. (See 56 FR 56694 (November 6, 1991) and 57 FR 56762
(November 30, 1992), codified at 40 CFR 81.333.) For moderate 2 CO
nonattainment areas, the CAA required attainment of the National
Ambient Air Quality Standard (NAAQS) by December 31, 1995. The
remainder of the State of New Jersey is designated attainment for CO.
In the area being redesignated today, there was a measured
exceedance of the CO NAAQS in 1994. Consequently, on April 24, 1996,
the State of New Jersey submitted a request for a one year extension of
the attainment date to December 31, 1996 as allowed for in the CAA if
adjoining states concur. On July 31, 1996 and June 27, 1996, the States
of New York and Connecticut respectively submitted letters to EPA
concurring with New Jersey's request and requested their own
extensions. Pursuant to section 186(a)(4), EPA granted the request for
a one year extension to December 31, 1996 in a November 5, 1996 Federal
Register notice (61 FR 56897).
2. What Was Included in New Jersey's Submittal and Does It Meet the
Clean Air Act Requirements?
On August 7, 1998, New Jersey submitted its CO attainment
demonstration. This proposed revision is contained in a document
entitled ``State Implementation Plan (SIP) Revision for the Attainment
and Maintenance of the Carbon Monoxide National Ambient Air Quality
Standards--Attainment Demonstration for the New Jersey Portion of the
New York-Northern New Jersey-Long Island Carbon Monoxide Nonattainment
Area.'' The State held a public hearing for this SIP revision on August
11, 1997.
In an effort to comply with the CAA and to ensure continued
attainment of the NAAQS, on January 15, 2002, the State of New Jersey
submitted a CO redesignation request and maintenance plan for the New
Jersey portion of the CO nonattainment area. New Jersey held a public
hearing for this proposal on December 18, 2001.
The following is a brief description of how the State has fulfilled
each of the CAA redesignation requirements.
a. The Area Must Have Attained the Applicable NAAOS
New Jersey's CO air monitoring data shows that from calendar year
1995 through calendar year 2000, no violations of the CO NAAQS have
occurred. A violation is considered to have occurred when measured
levels exceed the standard more than once at the same CO monitor during
a calendar year.
In addition, in order to demonstrate attainment of the CO NAAQS,
the data must be quality-assured and not show a violation of the
standard for the last two consecutive years. New Jersey's CO data has
been quality assured and shows no more than one exceedance of the NAAQS
per year over the most recent two complete years of data (1999 and
2000). Moreover, EPA's review of available data for 2001 and the first
few
[[Page 54576]]
months of 2002 indicates no exceedances of the CO standard since 2000.
Therefore, EPA finds that the New Jersey portion of the CMSA has met
the first statutory criterion for attainment of the CO NAAQS (40 CFR
50.9 and appendix C).
b. The Area Must Have a Fully Approved SIP Under Section 110(k) of the
CAA
The 1990 CAA required that nonattainment areas meet specific new
requirements depending on the severity of the nonattainment
classification. Requirements for New Jersey include an attainment
demonstration, forecast of vehicle miles traveled, the preparation of a
1990 emission inventory with periodic updates, the development of
contingency measures, implementation of an enhanced inspection and
maintenance (I/M) program, and adherence to the transportation and
general conformity rules. In today's action EPA is fully approving New
Jersey's January 15, 2002 CO SIP revision as meeting all of 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.
Previously Approved Requirements
New Jersey's emissions inventory and contingency measures were
approved by EPA as part of the New Jersey CO SIP on December 7, 1995
(60 FR 62741). Similarly, the vehicle miles traveled forecast was
approved on July 25, 1996 (61 FR 38591).
Implementation of New Jersey's enhanced I/M program began on
December 13, 1999. After the State successfully demonstrated its
decentralized test and repair effectiveness rate credit claim and
revised its performance standard modeling to reflect the program as
implemented, EPA published a final approval of the enhanced I/M program
on January 22, 2002 (67 FR 2811).
Requirements Currently Being Approved
New Jersey submitted an August 7, 1998 CO attainment demonstration
to EPA in which all of the modeled intersections attained the 8-hour CO
standard of 9 ppm. Since air quality values at the most congested
intersections were determined to not exceed the standard, New Jersey
has demonstrated that the entire area is and will continue to be in
attainment for CO. New Jersey used appropriate modeling techniques and
modeling inputs in its demonstration. EPA is, therefore, approving the
attainment demonstration at this time. Accordingly, as a result of
today's action and the previous EPA actions noted above, New Jersey's
CO SIP is fully approved.
Conformity
Section 176 of the CAA contains requirements related to conformity.
Although EPA regulations require that states adopt transportation
conformity provisions (40 CFR 51.390) and general conformity provisions
(40 CFR 51.851) in their SIPs for areas designated nonattainment, or
that are subject to an EPA approved maintenance plan, EPA has
determined that transportation and general conformity SIPs are not
applicable requirements for purposes of evaluating a redesignation
request under section 107(d) of the CAA. This decision is reflected in
EPA's approval of the Boston, Massachusetts CO redesignation, where EPA
modified its national policy regarding the interpretation of the
provisions of section 107(d)(3)(E) concerning the applicable
requirements for purposes of reviewing a CO redesignation request (61
FR 2918, January 30, 1996).
EPA's decision is based on a combination of two factors. First, the
requirement to submit SIP revisions to comply with the conformity
provisions of the CAA continues to apply to areas after redesignation
to attainment. Therefore, the State remains obligated to adopt the
transportation and general conformity rules even after redesignation
and would risk sanctions for failure to do so. Unlike most requirements
of section 110 and part D, which are linked to the nonattainment status
of the area, the conformity requirements apply to both nonattainment
and maintenance areas. Second, EPA's federal conformity rules require
the performance of conformity analyses in the absence of approved state
rules. Therefore, a delay in approving State rules does not relieve an
area from the obligation to implement conformity requirements.
New Jersey does not yet have approved transportation and general
conformity SIPs, however, EPA may approve this redesignation. Areas are
subject to the conformity requirements regardless of whether they are
redesignated to attainment and must implement conformity under Federal
rules, if State rules are not yet approved. The State has developed new
conformity budgets for CO that must be used in future conformity
determinations, in accordance with the Federal conformity rules. These
budgets are discussed in detail later in this notice. Accordingly, EPA
believes it is appropriate to evaluate New Jersey's redesignation
request independent of the status of the State's conformity
regulations.
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 to maintain air quality within the CO standard. Moreover,
because the New Jersey portion of the CO nonattainment area is being
redesignated to attainment by this action, New Jersey's Prevention of
Significant Deterioration (PSD) requirements, not Part D NSR, will be
applicable to new or modified sources of CO.
c. The Air Quality Improvement Must Be Permanent and Enforceable
As part of the August 7, 1998 CO SIP revision, New Jersey submitted
a demonstration that the improvement in air quality within the
nonattainment area is due to permanent and enforceable reductions in
emissions of CO resulting from implementation of a number of measures
to control motor vehicle CO emissions. These measures include the
Federal Motor Vehicle Control Program, Federal reformulated gasoline
regulation, and New Jersey's pre-1990 modifications to its motor
vehicle I/M program.
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,
for example, a 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 New Jersey to attain the NAAQS since 1995.
d. The Area Must Have a Fully Approved Maintenance Plan Pursuant to
Section 175A of the CAA
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan
[[Page 54577]]
must demonstrate continued attainment of the applicable NAAQS for at
least ten years after EPA approves a redesignation to attainment. Eight
years after the redesignation, a 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 should they arise.
In this action, EPA is approving New Jersey's maintenance plan because
EPA finds that New Jersey's submittal meets the requirements of section
175A.
1996 Attainment Year Inventory
Sections 172(c)(3) and 187(a)(1) of the CAA require that CO plan
provisions include a comprehensive, accurate, and current emission
inventory from all sources of relevant pollutants in the nonattainment
area. In addition, page 8, section 5a of the September 4, 1992
memorandum from John Calcagni, former Director, Air Quality Management
Division, to EPA Regional Air Division Directors entitled ``Procedures
for Processing Requests to Redesignate Areas to Attainment,'' requires
States to ``develop an attainment inventory to identify the level of
emissions in the area which is sufficient to attain the NAAQS. This
inventory should be consistent with EPA's most recent guidance on
emission inventories for nonattainment areas available at the time and
should include emissions during the time period associated with the
monitoring data showing attainment.''
New Jersey originally provided an estimate of 1996 attainment year
emissions in its August 7, 1998 attainment demonstration. This was
supplemented on October 1, 2001, when New Jersey submitted a revised
1996 attainment year CO inventory. The inventory, which is based on the
winter time months spanning from December 1995 through February 1996,
includes average winter time daily emissions from stationary point
sources, stationary area sources, on-road mobile sources, and non-road
mobile sources of CO. New Jersey's submittal reflects emission
estimates that have been revised to incorporate methodological changes,
including new control assumptions and updated vehicle registration data
since that original submittal. The inventory was prepared in a manner
consistent with EPA's most recent guidance for preparing actual
emission inventories. Table I below shows the source sector
contributions by county to the overall CO emissions in 1996.
For the reader's information, New Jersey has chosen to use
countywide emission inventory values for attainment demonstration and
projection purposes in Passaic County, rather than limiting the
inventory to the three nonattainment municipalities. The State believes
countywide CO inventory and projection values are more technically
sound than sub-county estimates would have been in this case and are
adequately protective of air quality.
Table I.--The 1996 Carbon Monoxide Attainment Emission Inventory
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Carbon Monoxide Emissions (tons per day)
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County On-road Non-road
Point Area mobile mobile County
sources sources sources sources totals
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Bergen......................................... 1.62 28.10 297.77 127.80 455.29
Essex.......................................... 2.77 11.81 208.70 63.82 287.10
Hudson......................................... 8.83 5.15 126.79 42.88 183.64
Passaic........................................ 0.72 39.65 141.07 38.74 220.17
Union.......................................... 4.18 13.98 153.36 47.60 219.11
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Sector totals.............................. 18.12 98.69 927.69 320.84 1365.31
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Grand Total From All Sources: 1365.31 tons per peak winter season day.
EPA has reviewed New Jersey's 1996 attainment year inventory and
finds that it was prepared in a manner acceptable to EPA. Therefore,
EPA is approving the CO inventory for the counties of Bergen, Essex,
Hudson, Union, and Passaic.
Projection Year Inventories
As part of the January 15, 2002 SIP submittal, New Jersey included
projection year inventories for 2007 and 2014. These emissions, which
reflect post-1996 control measure assumptions, are provided in Table 2
below in comparison to the 1996 attainment year inventory.
Table 2.--The 1996 Attainment and 2007 and 2014 Projected Carbon
Monoxide Season Carbon Monoxide Emission Inventories by County
------------------------------------------------------------------------
1996 2007 2014
Attainment Projected Projected
County Emission Emission Emission
Inventory Inventory Inventory
(tons/day) (tons/day) (tons/day)
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Bergen........................... 455.29 350.56 381.01
Essex............................ 287.10 209.08 222.18
Hudson........................... 183.64 118.20 130.76
Passaic.......................... 220.17 163.46 171.53
Union............................ 219.11 156.41 166.45
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Totals....................... 1365.31 997.71 1071.93
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[[Page 54578]]
Based on the projections provided above, New Jersey estimates that
total CO emissions within the nonattainment area will decrease from
1,365.31 tons per day in the 1996 attainment year to 1,071.93 tons per
day in 2014. Such a reduction in CO emissions clearly supports New
Jersey's contention that the CO NAAQS will be maintained into the
forseeable future. Both the attainment and projected inventories
submitted by New Jersey were prepared in accordance with EPA's most
recent guidance. The attainment year and projection year totals in
Tables 1 and 2 show that the future CO emissions are expected to be
below the level of emissions in the attainment year and takes into
account national, regional, and local (state) emission reduction
benefits from the following control programs: Tier I--Post 1990 Federal
Motor Vehicle Control Program; Federal Reformulated Gasoline; National
Low Emission Vehicle Program; Enhanced Inspection and Maintenance
Program; and Phase I of the Federal Spark Ignition Small Engine Rule.
For more details on how New Jersey prepared its attainment year and
projection year inventories, the reader is referred to the technical
support document which accompanies this action. EPA finds that New
Jersey has projected its 2007 and 2014 emissions using appropriate
growth factors and methodology and is therefore, approving the CO
projection year inventories for the counties of Bergen, Essex, Hudson,
Union, and Passaic.
Transportation Conformity Budgets
The submittal included transportation conformity budgets based on
the control strategies, growth projections and assumptions used in the
attainment demonstration and maintenance plans for the CO nonattainment
area. Table 3 presents the 1997, 2007 and 2014 CO transportation
conformity budgets in tons of CO per winter day. The transportation
conformity budget for 1997 was submitted on December 10, 1999 as an
addendum to the New Jersey CO attainment demonstration submitted by
NJDEP on August 7, 1998. EPA announced its findings that the 1997
budget was adequate for transportation conformity purposes on June 9,
2000 (65 FR 36689). The transportation conformity budgets for 2007 and
2014 were included in the maintenance plan portion of the January 15,
2002 submittal. EPA sent a letter to NJDEP on April 22, 2002 stating
that the 2007 and 2014 CO budgets are adequate for transportation
conformity purposes. This finding was published in the Federal Register
on May 8, 2002 at 67 FR 30915. These budgets are consistent with the
State's emission baseline and projected inventories for highway mobile
sources. EPA is now approving the 1997, 2007, and 2014 transportation
conformity budgets for CO.
Table 3.--Carbon Monoxide Transportation Conformity Budgets
(tons of CO/winter day)
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CO (tons/
Year winter day)
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1997....................................................... 690.43
2007....................................................... 492.41
2014....................................................... 490.45
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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 air
monitoring data.
Verification of Continued Attainment
Continued attainment of the CO NAAQS in New Jersey depends, in
part, on the State's efforts toward tracking indicators of continued
attainment during the maintenance period. The State has projected CO
emissions out to 2014 with the interim year of 2007. New Jersey will
review monitoring data each year and will check for trends. If upward
trends are observed, the State will review conditions to determine the
cause of the increase. If this review does not reveal the cause of the
increase and an exceedance is possible, emission estimates will be
generated and compared to those from the 1996 attainment inventory. New
Jersey has committed to report to EPA within six months of finding any
upward air quality trends.
EPA is approving the State of New Jersey's plans for verifying
continued attainment of the CO standard and for identifying areas at
risk of exceeding the CO standard.
Contingency Plan
The level of CO emissions in New Jersey will largely determine its
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, it is possible that the ambient air pollutant concentrations may
exceed or violate the NAAQS based upon some unforeseeable condition. In
order to avoid this, the CAA requires states to develop contingency
measures to offset unexpected emission increases. New Jersey has
committed to implement a set of actions which will reduce truck idling
emissions. In addition, the State will work with the local metropolitan
planning organization, the North Jersey Transportation Planning
Authority, to implement various transportation control measures.
e. The Area Must Meet All Applicable Requirements Under Section 110 and
Part D of the CAA
In section 2.b. of this document 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. The oxygenated fuels program
was removed from the New Jersey SIP because the entire CMSA, including
the New York and Connecticut portions, were attaining the CO NAAQS.
Consequently, the State demonstrated to EPA's satisfaction that the
program was no longer necessary to continue to attain the CO NAAQS (see
64 FR 63690 (November 22, 1999)).
3. What Are EPA's Findings?
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 request meets the five
requirements of section 107(d)(3)(E), noted earlier.
4. What Are EPA's Conclusions?
EPA is approving New Jersey's request for redesignating the New
Jersey portion of the New York-Northern New Jersey-Long Island CO
nonattainment area to attainment, because the State has demonstrated
compliance with the requirements of section 107(d)(3)(E) for
redesignation. EPA is also approving the New Jersey CO maintenance plan
because it meets the requirements set forth in section 175A of the CAA.
In addition, EPA is approving the New Jersey CO attainment
demonstration that was submitted on August 7, 1998. Finally, EPA is
approving the 2007 and 2014 transportation conformity budgets found in
New Jersey's CO maintenance plan and the 1997 transportation conformity
budget submitted on December 10, 1999 as an addendum to New Jersey's
August 7, 1998 CO attainment demonstration.
5. EPA Rulemaking Action
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial
[[Page 54579]]
submittal and anticipates no adverse comments. However, in the proposed
rules section of this Federal Register publication, EPA is publishing a
separate document that will serve as the proposal to approve the SIP
revision should adverse comments be filed. This rule will be effective
October 22, 2002 without further notice unless the Agency receives
adverse comments by September 23, 2002.
If the EPA receives adverse comments, then EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
6. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 October 22, 2002. 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 enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 7, 2002.
William J. Muszynski,
Deputy Regional Administrator, Region 2.
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.
Subpart FF--New Jersey
2. Section 52.1581 is added to read as follows:
Sec. 52.1581 Control strategy: Carbon monoxide.
(a) Approval--The September 28, 1995 revision to the carbon
monoxide state implementation 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). This revision
included a maintenance plan which demonstrated continued attainment of
the National Ambient Air Quality Standard for carbon monoxide through
the year 2007.
(b) 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.
(c) Approval--The November 15, 1992, October 4, 1993, and August 7,
1998 revisions to the carbon monoxide state implementation plan for the
New Jersey portion of the New York--Northern New Jersey--Long Island
[[Page 54580]]
Carbon Monoxide nonattainment area. This included an attainment
demonstration and the control measures needed to attain the National
Ambient Air Quality Standard for carbon monoxide. The January 15, 2002,
request to redesignate the New Jersey portion of the New York--Northern
New Jersey--Long Island Carbon Monoxide nonattainment area from
nonattainment to attainment of the National Ambient Air Quality
Standard for carbon monoxide. As part of the redesignation request, the
State submitted a maintenance plan which demonstrated continued
attainment of the National Ambient Air Quality Standard for carbon
monoxide through the year 2014.
3. Section 52.1582 is amended by revising the section heading and
removing and reserving paragraph (d)(2) to read as follows:
Sec. 52.1582 Control strategy and regulations: Ozone.
* * * * *
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart C--Section 107 Attainment Status Designations
2. In Sec. 81.331, the table for ``New Jersey-Carbon Monoxide'' is
amended by revising the entry for ``New York--N. New Jersey--Long
Island Area'' to read as follows:
Sec. 81.331 New Jersey.
* * * * *
New Jersey-Carbon Monoxide
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Designation Classification
Designated Area -----------------------------------------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
New York-N. New Jersey-Long Island
Area:
Bergen.......................... October 22, 2002..................... Attainment.
Essex County.................... ......do............................. Attainment.
Hudson County................... ......do............................. Attainment.
Passaic County (part)
City of Clifton............. ......do............................. Attainment.
City of Paterson............ ......do............................. Attainment.
City of Passaic............. ......do............................. Attainment.
Union County................ ......do............................. Attainment.
* * * * * * *
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\1\ This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 02-21283 Filed 8-22-02; 8:45 am]
BILLING CODE 6560-50-P