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[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43096-43097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15609]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2016-0059; FRL-9948-57-Region 2]

Approval of Air Quality Implementation Plans; New Jersey, Carbon 
Monoxide Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the New Jersey 
Department of Environmental Protection. This revision establishes an 
updated ten-year carbon monoxide (CO) limited maintenance plan for the 
New Jersey portion of the New York-Northern New Jersey-Long Island 
(NYNNJLI) CO area which includes the following areas: Hudson, Essex, 
Bergen, and Union Counties, and the municipalities of Clifton, Passaic 
and Paterson in Passaic County. New Jersey qualifies for a limited 
maintenance plan, rather than a full maintenance plan, because 
monitoring concentrations of CO are less than 85% of the standard. In a 
limited maintenance plan, future-year projection inventories and 
transportation conformity budgets are not required. In addition, EPA is 
also approving the 2007 Attainment/Base Year CO emissions inventory and 
the shutdown of 5 CO maintenance monitors in New Jersey.
    The New Jersey portion of the NYNNJLI CO area was redesignated to 
attainment of the CO National Ambient Air Quality Standard (NAAQS) on 
August 23, 2002 and a maintenance plan was also approved at that time. 
By this action, EPA is approving a second limited maintenance plan for 
this area because it provides for continued attainment of the CO NAAQS 
for an additional ten years. The intended effect of this rulemaking is 
to approve a SIP revision that will insure continued maintenance of the 
CO NAAQS.

DATES: This final rule is effective on August 1, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2016-0059. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available electronically 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Henry Feingersh, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, telephone number (212) 637-3382, or by email at 
feingersh.henry@epa.gov.

SUPPLEMENTARY INFORMATION: The supplementary Information section is 
arranged as follows:

Table of Contents

I. What Action is EPA Taking?
II. What Comments did EPA Receive on its Proposal and What are EPA's 
Responses?
III. What is the Adequacy Status of the CO Limited Maintenance Plan 
for the New Jersey Portion of the New York-Northern New Jersey-Long 
Island Area?
IV. What is EPA's Final Action?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving New Jersey's SIP revision updating their existing 
ten-year carbon monoxide (CO) maintenance plan for the New Jersey 
portion of the New York-Northern New Jersey-Long Island (NYNNJLI) CO 
area, which includes the following areas: Hudson, Essex, Bergen, and 
Union Counties, and the municipalities of Clifton, Passaic and Paterson 
in Passaic County, with another ten-year plan. The reader is referred 
to the March 25, 2016 (81 FR 16102) proposal for details on this 
rulemaking.

II. What comments did EPA receive on its proposal and what are EPA's 
responses?

    EPA did not receive any comments on our proposed approval of the 
updated CO limited maintenance plan. EPA is approving the New Jersey 
SIP revision request.

III. What is the adequacy status of the CO limited maintenance plan for 
the New Jersey portion of the New York-Northern New Jersey-Long Island 
area?

    Section 118(e) of the transportation conformity rule (40 CFR part 
93) states that a conformity determination cannot be made using 
submitted motor vehicle emission budgets (``budgets'') until EPA makes 
a positive determination that the submitted budgets are adequate. In 
accordance with our rule, the limited maintenance plan for the New 
Jersey portion of the New York-Northern New Jersey-Long Island 
(NYNNJLI) CO area was posted for adequacy review on July 27, 2015 on 
EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    As a general rule, however, limited maintenance plans, such as the 
maintenance plan for the NYNNJLI CO area, do not include budgets. 
Instead, for those areas that qualify under our

[[Page 43097]]

limited maintenance plan policy for CO, we have concluded that the area 
will continue to maintain the CO NAAQS regardless of the quantity of 
emissions from the on-road transportation sector, and thus there is no 
need to cap emissions from the on-road transportation sector for the 
maintenance period.
    Therefore, EPA's adequacy review of the limited maintenance plan 
for the NYNNJLI CO area primarily focuses on whether the area qualifies 
for the applicable limited maintenance plan policy for CO. From our 
review, EPA has concluded that the NYNNJLI CO area meets the criteria 
for a limited maintenance plan, and therefore we find the maintenance 
plan for the NYNNJLI CO area adequate for conformity purposes under our 
limited maintenance plan policy.

IV. What is EPA's final action?

    EPA is approving New Jersey's SIP revision updating their existing 
ten-year CO maintenance plan for the New Jersey portion of the New 
York-Northern New Jersey-Long Island (NYNNJLI) CO area. EPA is also 
approving the 2007 CO base year emissions inventory and the shutdown of 
5 CO maintenance monitors in New Jersey.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 August 30, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: June 21, 2016.
Judith A. Enck,
Regional Administrator, Region 2.

    For the reasons set forth in the preamble, the Environmental 
Protection Agency amends part 52 of chapter I, title 40 of the Code of 
Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart FF--New Jersey

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2. Section 52.1581 is amended by adding paragraph (f) to read as 
follows:

Sec.  52.1581  Control strategy: Carbon monoxide.

* * * * *
    (f) Approval--The June 11, 2015 and February 8, 2016 revisions to 
the carbon monoxide (CO) maintenance plan for the New Jersey portion of 
the New York-Northern New Jersey-Long Island, NYNNJLI, CO area. These 
revisions contain a second ten-year limited maintenance plan that 
demonstrates continued attainment of the National Ambient Air Quality 
Standard for CO through the year 2024, a 2007 CO base year emissions 
inventory, and the shutdown of five CO maintenance monitors.

[FR Doc. 2016-15609 Filed 6-30-16; 8:45 am]
 BILLING CODE 6560-50-P
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