35100 Federal Register / Vol. 62, No. 125 / Monday, June 30, 1997 / Rules and Regulations

40 CFR citation OMB control

No.

* * * * *

721.3628 ............................... 2070–0012

* * * * *

721.4484 ............................... 2070–0012

* * * * *

721.4494 ............................... 2070–0012

721.4497 ............................... 2070–0012

* * * * *

721.4587 ............................... 2070–0012

* * * * *

721.4663 ............................... 2070–0012

721.4668 ............................... 2070–0012

* * * * *

721.4685 ............................... 2070–0012

* * * * *

721.5276 ............................... 2070-0012

* * * * *

721.5545 ............................... 2070–0012

* * * * *

721.5930 ............................... 2070–0012

* * * * *

721.6097 ............................... 2070–0012

* * * * *

721.8673 ............................... 2070–0012

* * * * *

721.9495 ............................... 2070–0012

* * * * *

721.9507 ............................... 2070–0012

* * * * *

721.9680 ............................... 2070–0012

* * * * *

721.9970 ............................... 2070–0012

* * * * *

Lead-Based Paint

Poisioning Prevention

in Certain Residential

Structures

* * * * *

Part 745, subpart L ............... 2070–0155

Part 745, subpart Q .............. 2070–0155

* * * * *

Polychlorinated Biphenyls

(PCBs) Manufacturing,

Processing, Distribution

in Commerce, and Use

Prohibition

* * * * *

761.93 ................................... 2070–0149

* * * * *

b. By removing the following entries:

721.979.........2070–0012.

721.1907........2070–0012.

721.2980........2070–0012.

721.4525........2070–0012.

721.5867........2070–0012.

[FR Doc. 97–17030 Filed 6–27–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NJ28–2–170, FRL–

5850–2]

Approval and Promulgation of

Implementation Plans; New Jersey 15

Percent Rate of Progress Plan and

Phase I and II Ozone Implementation

Plans

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is taking final action on

a State Implementation Plan (SIP)

revision submitted by New Jersey which

is intended to meet several Clean Air

Act requirements. EPA is approving

revisions to the 1990 base year ozone

emission inventory; the 1996 and 1999

ozone projection emission inventories;

photochemical assessment monitoring

stations network; demonstration that

emissions from growth in vehicle miles

traveled will not increase motor vehicle

emissions and, therefore, offsetting

measures are not necessary; modeling

efforts completed to date; transportation

conformity budgets; and enforceable

commitments.

EPA is also giving conditional interim

approval to New Jersey’s 15 Percent

Rate of Progress Plan and the 9 Percent

Reasonable Further Progress Plan. The

intended effect of this action is to

approve programs required by the Clean

Air Act which will result in emission

reductions that will help achieve

attainment of the national ambient air

quality standard (NAAQS) for ozone.

EFFECTIVE DATE: This rule will be

effective July 30, 1997.

ADDRESSES: Copies of the New Jersey

submittals and EPA’s Technical Support

Document are available at the following

addresses for inspection during normal

business hours:

Environmental Protection Agency,

Region II Office, Air Programs Branch,

295 Broadway, 25th Floor, New York,

New York 10007–1866

New Jersey Department of

Environmental Protection, Office of

Air Quality Management, Bureau of

Air Quality Planning, 401 East State

Street, CN418, Trenton, New Jersey

08625

FOR FURTHER INFORMATION CONTACT: Paul

R. Truchan, Air Programs Branch,

Environmental Protection Agency, 290

Broadway, 25th Floor, New York, New

York 10007–1866, (212) 637–4249.

SUPPLEMENTARY INFORMATION:

I. Background

On April 30, 1997 (62 FR 23410), EPA

proposed approval of New Jersey’s State

Implementation Plan (SIP) submittals of

December 31, 1996 and February 25,

1997 for the following Clean Air Act

(CAA) requirements: revisions to the

1990 base year ozone emission

inventory; the 1996 and 1999 ozone

projection emission inventories;

photochemical assessment monitoring

stations network; demonstration that

emissions from growth in vehicle miles

traveled will not increase motor vehicle

emissions and, therefore, offsetting

measures are not necessary; modeling

efforts completed to date; transportation

conformity budgets; and enforceable

commitments. EPA also proposed

conditional interim approval of New

Jersey’s 15 Percent Rate of Progress

(ROP) Plan and the 9 Percent

Reasonable Further Progress (RFP) Plan.

The December and February SIP

submittals address the requirements for

the two severe ozone nonattainment

areas in New Jersey—the New York,

Northern New Jersey, Long Island Area,

and the Philadelphia, Wilmington,

Trenton Area. For the purposes of this

action, these areas will be referred to as,

respectively, the Northern New Jersey

ozone nonattainment area (NAA) and

the Trenton NAA. New Jersey’s two SIP

submittals revised the previously

submitted 15 Percent ROP Plan dated

November 15, 1993.

A detailed discussion of the SIP

revisions and EPA’s rationale for either

approving or conditionally approving

them is contained in the April 30, 1997

proposal and will not be restated here.

The reader is referred to the proposal for

more details.

II. State Commitment

EPA proposed to condition its

approval of New Jersey’s 15 Percent

ROP and 9 Percent RFP Plans because

the emission reductions from the

enhanced inspection and maintenance

(I/M) program were calculated with

modeling performed before EPA issued

final guidance on how to estimate

emissions. In a letter dated May 29,

1997, New Jersey committed to perform

the remodeling necessary to estimate the
Federal Register / Vol. 62, No. 125 / Monday, June 30, 1997 / Rules and Regulations 35101

emissions reductions that will result

from the enhanced I/M program as

implemented within 12 months from

the effective date of today’s rulemaking.

As part of the remodeling of the

enhanced I/M program, New Jersey

must demonstrate that the 15 percent

and 9 percent emission reductions are

still being achieved in the Northern

New Jersey and Trenton nonattainment

areas as required by sections 182(b)(1)

and 182(c)(2)(B) of the CAA and in

accordance with EPA’s policies and

guidance.

Therefore, EPA is accepting New

Jersey’s commitment and EPA’s

approval is conditioned upon the State

completing the remodeling. Once the

State satisfactorily fulfills this

condition, EPA will take rulemaking

action to convert the conditional interim

approval to an interim approval. Should

the State fail to fulfill the remodeling

condition by July 30, 1998, this

conditional interim approval will

convert to a disapproval pursuant to

section 110(k)(4) of the CAA. In that

event, EPA would issue a letter

notifying the State that the condition

has not been met, and that the approval

has converted to a disapproval.

III. Public Comments

In response to EPA’s proposed action

on this New Jersey SIP revision, no

comments were received.

IV. Conditional Interim Approval

New Jersey’s 15 Percent ROP and 9

Percent RFP Plans contain adopted

control measures with the exception of

the enhanced I/M program which had

been given a conditional interim

approval by EPA on May 14, 1997 (62

FR 26401) pursuant to the National

Highway System Designation Act

(NHSDA) and section 110 of the CAA.

The enhanced I/M program approval

was granted on an interim basis for a

period of 18 months, in order for New

Jersey to perform an evaluation of

emission reduction credits, under the

authority of section 348 of the NHSDA.

A full approval of New Jersey’s final

enhanced I/M SIP revision, which will

include the State’s program evaluation

and final adopted State regulations, is

still necessary under sections 110, 182,

184 and 187 of the CAA. After EPA’s

review of the State’s enhanced I/M

program evaluation and final

regulations, EPA will take appropriate

rulemaking action. If the State’s program

evaluation demonstrates a shortfall, the

State must find additional emission

reductions.

Since New Jersey’s 15 Percent ROP

and 9 Percent RFP Plans are dependent

on the emission reductions from the

enhanced I/M program, EPA can only

grant an interim approval to the 15

Percent ROP and 9 Percent RFP Plans

until the State evaluates the

effectiveness of the enhanced I/M

program and EPA takes action on the

results of this evaluation. Therefore, this

approval is being granted on an interim

basis for a period of 18 months

following the effective date of the May

14, 1997 conditional interim approval of

the enhanced I/M rulemaking. At the

end of this period, the interim approval

of the emission credits will expire and

the credits will be adjusted according to

the results of the evaluation. At that

time, EPA will take action regarding the

efficacy of the State’s SIP under the

authority of sections 110 and 182 of the

CAA.

V. Conclusion

EPA has evaluated these submittals

for consistency with the CAA and

Agency regulations and policy. EPA is

approving New Jersey’s: revisions to the

1990 base year ozone emission

inventory; the 1996 and 1999 ozone

projection emission inventories;

photochemical assessment monitoring

stations network; demonstration that

emissions from growth in vehicle miles

traveled will not increase motor vehicle

emissions and, therefore, offsetting

measures are not necessary; modeling

efforts completed to date; transportation

conformity budget; and enforceable

commitments.

EPA is granting conditional interim

approval of New Jersey’s 15 Percent

ROP Plan and 9 Percent RFP Plan as a

revision to the New Jersey SIP. EPA is

approving the credits on an interim

basis, pending verification of New

Jersey’s enhanced I/M program’s

performance, pursuant to section 348 of

the NHSDA. The interim approval of the

15 Percent ROP and 9 Percent RFP plans

will expire on December 14, 1998, 18

months from the effective date of EPA’s

final conditional interim rulemaking of

New Jersey’s I/M program which was

published in the Federal Register on

May 14, 1997 (62 FR 26401). The

interim approval will be replaced by

appropriate EPA action based on the

evaluation EPA receives from New

Jersey concerning the enhanced I/M

program’s performance.

This rulemaking action is a

conditional interim approval that will

convert to interim approval when New

Jersey has completed the remodeling

condition of this rulemaking. If the

condition is not met within 12 months

from the effective date of today’s

rulemaking, this rulemaking will

convert to a disapproval. EPA would

notify New Jersey by letter that the

condition has not been met and that the

conditional interim approval of the 15

Percent ROP and 9 Percent RFP Plans

has converted to a disapproval. In

addition, the reader should note that

there is a condition on the conditional

interim approval of New Jersey’s

enhanced I/M program which if not met,

will affect EPA’s action on the 15

Percent ROP and 9 Percent RFP Plans

conditional interim approval. If EPA

disapproves the New Jersey’s enhanced

I/M program, EPA’s conditional interim

approval of the 15 Percent ROP and 9

Percent RFP Plans will also convert to

a disapproval.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

VI. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements but simply

approve requirements that the State is

already imposing. Therefore, because

the Federal SIP approval does not

impose any new requirements, the EPA

certifies that it does not have a

significant impact on any small entities

affected. Moreover, due to the nature of

the Federal-State relationship under the

CAA, preparation of a flexibility

analysis would constitute Federal
35102 Federal Register / Vol. 62, No. 125 / Monday, June 30, 1997 / Rules and Regulations

inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

Conditional approvals of SIP

submittals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements but simply

approve requirements that the State is

already imposing. Therefore, because

the Federal SIP approval does not

impose any new requirements, EPA

certifies that it does not have a

significant impact on any small entities

affected. Moreover, due to the nature of

the Federal-State relationship under the

CAA, preparation of a flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

If the conditional approval is

converted to a disapproval under

section 110(k), based on the State’s

failure to meet the commitment, it will

not affect any existing State

requirements applicable to small

entities. Federal disapproval of the State

submittal does not affect its stateenforceability. Moreover, EPA’s

disapproval of the submittal does not

impose a new Federal requirement.

Therefore, EPA certifies that this

disapproval action does not have a

significant impact on a substantial

number of small entities because it does

not remove existing requirements nor

does it substitute a new federal

requirement.

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated annual costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 5 U.S.C. 801(a)(1)(A)

as added by the Small Business

Regulatory Enforcement Fairness Act of

1996, EPA submitted a report containing

this rule and other required information

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

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 5 U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by August 29, 1997.

Filing a petition for reconsideration by

the Administrator of this final rule to

conditionally approve the New Jersey 15

Percent ROP and 9 Percent RFP Plans of

the SIP, on an interim basis, does not

affect the finality of this rule for the

purposes of judicial review, nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2) of the Administrative

Procedure Act).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: June 18, 1997.

William J. Muszynski,

Deputy Regional Administrator, Region II.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart FF—New Jersey

2. Section 52.1580 is amended by

redesignating paragraphs (a) through (c)

as paragraphs (a)(1) through (a)(3); by

adding a paragraph heading before

newly designated paragraph (a)(1); and

adding new paragraph (b) to read as

follows:

§ 52.1580 Conditional approval.

(a) Enhanced Inspection and

Maintenance. (1) * * *

* * * * *

(b) 15 Percent and 9 Percent Ozone

Plans. New Jersey’s December 31, 1996

and February 25, 1997 submittals for the

15 Percent Rate of Progress Plan (15

Percent Plan) and 9 Percent Reasonable

Further Progress Plan (9 Percent Plan)

for the Northern New Jersey (New York,

Northern New Jersey, Long Island Area)

nonattainment area and the Trenton

(Philadelphia, Wilmington, Trenton

Area) nonattainment area, is

conditionally approved for an interim

period as referenced in paragraph (a) of

this section. The conditions for

approvability are as follows:

(1) New Jersey must remodel by July

30, 1998 to determine affirmatively the

creditable reductions from the enhanced

inspection and maintenance (I/M)

program as used in the 15 Percent and

9 Percent Plans. This remodeling must

be in accordance with EPA guidance

documents: ‘‘Date by which States Need

to Achieve all the Reductions Needed

for the 15 Percent Plan from I/M and

Guidance for Recalculation,’’ note from

John Seitz and Margo Oge, dated August

13, 1996, and ‘‘Modeling 15 Percent

VOC Reductions from I/M in 1999—

Supplemental Guidance’’, memorandum

from Gay MacGregor and Sally Shaver,

dated December 23, 1996. Should the

State fail to fulfill the remodeling

condition by July 30, 1998, this

conditional interim approval will

convert to a disapproval pursuant to

section 110(k)(4) of the Clean Air Act.

(2) New Jersey must demonstrate by

December 14, 1998 that 15 percent and

9 percent emission reductions are still

achievable in the Northern New Jersey

and Trenton nonattainment areas as

required by sections 182(b)(1) and

182(c)(2)(B) of the Clean Air Act and in

accordance with EPA’s policies and

guidance.

3. Section 52.1582 is amended by

adding a sentence to the end of

paragraph (d)(1), and adding new
Federal Register / Vol. 62, No. 125 / Monday, June 30, 1997 / Rules and Regulations 35103

paragraphs (d)(3) through (d)(7) to read

as follows:

§ 52.1582 Control strategy and

regulations: Ozone (volatile organic

substances) and carbon monoxide.

* * * * *

(d)(1) * * * Revisions to the 1990

base year emission inventory dated

December 31, 1996 for the New York/

Northern New Jersey/Long Island and

Philadelphia/Wilmington/Trenton

nonattainment areas of New Jersey have

been approved.

* * * * *

(3) The 1996 and 1999 ozone

projection year emission inventories

included in New Jersey’s December 31,

1996 State Implementation Plan

revision for the New York/Northern

New Jersey/Long Island and

Philadelphia/Wilmington/Trenton

nonattainment areas have been

approved.

(4) The conformity emission budgets

for the three metropolitan planning

organizations and McGuire Air Force

Base included in New Jersey’s December

31, 1996 State Implementation Plan

revision have been approved.

(5) The photochemical assessment

monitoring stations network included in

New Jersey’s December 31, 1996 State

Implementation Plan revision for the

New York/Northern New Jersey/Long

Island and Philadelphia/Wilmington/

Trenton nonattainment areas has been

approved.

(6) The demonstration that emissions

from growth in vehicle miles traveled

will not increase motor vehicle

emissions and, therefore, offsetting

measures are not necessary which was

included in New Jersey’s December 31,

1996 State Implementation Plan

revision for the New York/Northern

New Jersey/Long Island and

Philadelphia/Wilmington/Trenton

nonattainment areas has been approved.

(7) The enforceable commitments to:

participate in the consultative process to

address regional transport; adopt

additional control measures as

necessary to attain the ozone standard,

meet rate of progress requirements, and

eliminate significant contribution to

nonattainment downwind; identify any

reductions that are needed from upwind

areas for the area to meet the ozone

standard; and implement the Ozone

Transport Commission NOx

Memorandum of Understanding

included in New Jersey’s December 31,

1996 State Implementation Plan

revision for the New York/Northern

New Jersey/Long Island and

Philadelphia/Wilmington/Trenton

nonattainment areas have been

approved.

[FR Doc. 97–17058 Filed 6–28–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 766 and 799

[OPPTS–40030; FRL–5728–5]

Technical Amendments to Test Rules

and Enforceable Testing Consent

Agreements/Testing Consent Orders

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA has approved by letter

certain modifications to test standards

and schedules for chemical testing

programs under section 4 of the Toxic

Substances Control Act (TSCA). These

modifications, requested by test

sponsors, will be incorporated in the

respective test rules or enforceable

testing consent agreements/testing

consent orders. Because these

modifications do not significantly alter

the scope of a test or significantly

change the schedule for its completion,

EPA approved these requests without

seeking public notice and comment.

EPA annually publishes a rule

describing all of the modifications

granted by letter for the previous year.

DATES: This rule is effective June 30,

1997.

FOR FURTHER INFORMATION

CONTACT:Susan B. Hazen, Director,

Environmental Assistance Office (7408),

Office of Pollution Prevention and

Toxics, Environmental Protection

Agency, Rm. E-543B, 401 M St., SW.,

Washington, DC 20460. Telephone:

(202) 554–1404, TDD: (202) 554–0551,

Internet address: TSCAHotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

published a rule in the Federal Register

of September 1, 1989 (54 FR 36311)

amending procedures in 40 CFR part

790 for modifying test standards and

schedules for test rules and enforceable

testing consent agreements/testing

consent orders under section 4 of TSCA.

The amended procedures allow EPA

to approve requested modifications

which do not alter the scope of a test or

significantly change the schedule for its

completion. These modifications are

approved by letter without public notice

and comment. The rule also requires

immediate placement of these letters in

the public record and publication of

these modifications in the Federal

Register. This rule includes

modifications approved from January 1,

1996, through December 31, 1996. For a

detailed description of the rationale for

these modifications and for the

correspondence relating to specific

chemical test modifications, refer to the

public record for the appropriate

chemical substance or to the public

record for this rulemaking (OPPTS–

40030).

I. Discussion of Modifications

Each chemical substance discussed in

this rule is identified by a specific CAS

number and docket control number. The

following table lists all chemicalspecific modifications approved from

January 1, 1996, through December 31,

1996.