23410 Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules

a full Regulatory Evaluation, under

paragraph 10e of the regulatory policies

and procedures of DOT, is unnecessary.

This conclusion is based on the fact that

information from the bridge owner

indicates that there have been no

requests for openings since 1992. This

rule will not prevent mariners from

passing through the Bruckner Boulevard

Bridge so long as they provide advance

notice.

Small Entities

The Coast Guard has considered the

economic impact of this rule on small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). For the

reasons discussed in the Regulatory

Evaluation above, the Coast Guard has

determined that this rule will not affect

a substantial number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, (as revised by

60 FR 32197, June 20, 1995), this rule

promulgates operating regulations for

drawbridges and is categorically

excluded from further environmental

documentation.

List of Subjects in 33 CFR part 117

Bridges.

Proposed Regulation

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 as follows:

PART 117—[AMENDED]

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.771 is revised to read

as follows:

§ 117.771 Bronx River.

(a) The draw of the Bruckner

Boulevard Bridge, mile 1.1, at the

Bronx, New York, shall open on signal

if at least 4 hours notice is given to the

New York City Department of

Transportation (NYCDOT) Radio

Hotline, or NYCDOT Bridge Operations

office, except that between 7 a.m. and 9

a.m., and 4 p.m. and 6 p.m. Monday

through Friday, the bridge need not be

opened for the passage of vessels.

(b) The draw of the Conrail Bridge,

mile 1.6 at the Bronx, New York, need

not be opened for the passage of vessels.

(c) The owners of the Bruckner

Boulevard Bridge, mile 1.1, and the

Conrail Bridge, mile 1.6, both at the

Bronx, New York, shall provide and

keep in good legible condition two

clearance gauges designed, installed and

maintained in accordance with the

provisions of § 118.160 of this chapter.

Dated: April 16, 1997.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 97–11211 Filed 4–29–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NJ28–1–168, FRL–

5816–8]

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: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) is proposing action on a

State Implementation Plan (SIP)

revision submitted by New Jersey which

is intended to meet several Clean Air

Act requirements. EPA is proposing

approval of 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 proposing

conditional interim approval of 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.

DATES: Comments must be received on

or before May 30, 1997.

ADDRESSES: All comments should be

addressed to: Ronald Borsellino, Chief,

Air Programs Branch, Environmental

Protection Agency, Region II Office, 290

Broadway, 25th Floor, New York, New

York 10007–1866.

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,

290 Broadway, 25th Floor, New York,

New York 10007–1866

and

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. Introduction/Background

Section 182 of the Clean Air Act (Act)

specifies the required State

Implementation Plan (SIP) submissions

and requirements for areas classified as

nonattainment for ozone and when

these submissions and requirements are

to be submitted to EPA by the states.

EPA has issued the ‘‘General Preamble

for the Implementation of Title I of the

Clean Air Act Amendments of 1990’’

(General Preamble) describing EPA’s

preliminary views on how EPA intends

to review SIPs and SIP revisions

submitted under Title I of the Act, [see

generally 57 FR 13498 (April 16, 1992)

and 57 FR 18070 (April 28, 1992)].

Because EPA is describing its

interpretations here only in broad terms,

the reader should refer to the General

Preamble for a more detailed discussion

of the interpretations of Title I advanced

in today’s proposal and the supporting

rationale.

New Jersey is divided into four ozone

nonattainment areas: one classified as

marginal—the Allentown Bethlehem
Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules 23411

Easton Area; one classified as

moderate—the Atlantic City Area; and

two classified as severe—the New York,

Northern New Jersey, Long Island Area,

and the Philadelphia, Wilmington,

Trenton Area. New Jersey has met the

requirements of the Act for the marginal

area and EPA has determined that this

area has attained the ozone standard

(October 6, 1994, 59 FR 50848). For the

moderate Atlantic City Area, EPA has

found that air quality data indicates that

this area has attained the standard and

that a 15 Percent Rate of Progress (ROP)

Plan and an attainment demonstration

are not needed. EPA will be publishing

a separate Federal Register document

for the Atlantic City Area which will

discuss the ozone air quality data and

implications and waive the 15 Percent

ROP Plan requirement. This finding is

contingent on New Jersey continuing to

conduct air quality monitoring and that

this data continues to demonstrate

attainment. It should be noted that

should the Atlantic City area monitor a

violation of the standard prior to being

redesignated to attainment, the area

would have to address all pertinent Act

requirements including a new 15

Percent ROP Plan and the State would

have to submit them as a SIP revision.

The two severe nonattainment areas

are the primary subject of this Federal

Register action.

II. State Submittal

On December 31, 1996, Commissioner

Shinn of the New Jersey Department of

Environmental Protection (NJDEP)

submitted to EPA a major revision to the

SIP to meet requirements related to

attainment of the national ambient air

quality standards (NAAQS) for ozone.

This was supplemented on February 25,

1997. These submittals address the

requirements for the two severe ozone

nonattainment areas—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

submittals revised the previously

submitted 15 Percent ROP Plan dated

November 15, 1993. In addition, these

revisions are intended to fulfill EPA’s

Phase I requirement (‘‘Ozone

Attainment Demonstrations,’’ March 2,

1995 memo from Mary Nichols) and

includes the following: revisions of the

1990 base year ozone emission

inventory; the 1996 and 1999 ozone

projection emission inventories; 9

Percent Reasonable Further Progress

(RFP) Plan; contingency measures;

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; enforceable

commitments for Phase II; and

transportation conformity budgets. EPA

will be acting on the contingency

measures in a separate Federal Register

document.

III. Clean Air Act Requirements

A. Phase I Elements

1. Revisions to the 1990 Base Year

Emissions Inventory

Sections 172(c)(3) and 182(b)(1) of the

Act require that SIP revisions for 15

Percent ROP and 9 Percent RFP Plans

include comprehensive, accurate,

current inventories of actual emissions

from all sources of relevant pollutants in

the nonattainment area. Because the

approval of such inventories is

necessary for an area’s 15 Percent ROP

Plan and the Attainment Demonstration,

the emissions inventory must be

approved prior to or with the 15 Percent

ROP Plan submission.

EPA previously approved New

Jersey’s 1990 base year inventory on

October 2, 1995 (60 FR 51351). In the

Phase I SIP submittal, which includes

the 15 and 9 Percent plans, New Jersey

has made minor revisions to the

approved 1990 base year emission

inventory. These revisions are

summarized below. The reader is

referred to the Technical Support

Document for additional details.

The major point source inventory was

revised to reflect changes due to more

accurate information collected from

major oxides of nitrogen (NOX) emitters

in New Jersey as part of the Ozone

Transport Commission NOX Baseline

Project and further quality assurance of

New Jersey’s emissions data. The

highway mobile source inventory was

revised to reflect different methodology

used to calculate highway mobile source

emissions. New Jersey originally used

the Highway Performance Monitoring

System (HPMS) to estimate vehicle

miles traveled (VMT), but now uses the

more comprehensive, Transportation

Demand Model. There were no changes

to the minor point sources, area sources,

off-highway mobile sources, and

biogenic sources portion of the emission

inventory.

Tables 1A and 1B contain the revised

1990 base year volatile organic

compounds (VOC), NOX, and carbon

monoxide (CO) emission inventories for

the Northern New Jersey and Trenton

NAAs:

TABLE 1A.—Northern New Jersey NAA, 1990 Base Year, 1996 and 1999 Projection Year Inventories; Ozone

Seasonal VOC, NOX, AND CO EMISSIONS (TONS/DAY)

Pollutant Major point

sources

Minor point

sources

Area

sources

Highway

mobile

sources

Off-highway

mobile

sources

Biogenic

sources Total

Revised 1990 Base Year Ozone Season VOC, NOX, and CO Emissions (tons/day)

VOC .................. 238 164 123 297 137 210 b 959

NOX .................. 486 44 9 332 141 N/A 1012

CO .................... 73 8 33 2371 974 N/A 3459

1996 Projection Year Ozone Season VOC, NOX, and CO Emissions (tons/day)

VOC .................. a212 163 125 247 140 N/A 887

NOX .................. 459 42 9 305 143 N/A 958

CO .................... 69 7 33 1812 993 N/A 2914

1999 Projection Year Ozone Season VOC, NOX, and CO Emissions (tons/day)

VOC .................. a216 167 126 241 141 N/A 891

NOX .................. 482 43 9 301 144 N/A 979
23412 Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules

TABLE 1A.—Northern New Jersey NAA, 1990 Base Year, 1996 and 1999 Projection Year Inventories; Ozone

Seasonal VOC, NOX, AND CO EMISSIONS (TONS/DAY)—Continued

Pollutant Major point

sources

Minor point

sources

Area

sources

Highway

mobile

sources

Off-highway

mobile

sources

Biogenic

sources Total

CO .................... 72 8 34 1662 1002 N/A 2778

N/A = not applicable

aWith 1993 rule effectiveness factors applied.

b Rate of Progress base year emission inventory (without biogenic source emissions).

Note: Numbers in a table are rounded to nearest whole number.

TABLE 1B.—TRENTON NAA, 1990 BASE YEAR, 1996 AND 1999 PROJECTION YEAR INVENTORIES OZONE SEASONAL

VOC, NOX, AND CO EMISSIONS (TONS/DAY)

Pollutant Major point

sources

Minor point

sources

Area

sources

Highway

mobile

sources

Off-highway

mobile sources

Biogenic

sources Total

Revised 1990 Base Year Ozone Season VOC, NOX, and CO Emissions (tons/day)

VOC .................. 112 61 37 103 46 203 b 359

NOX .................. 278 9 3 115 41 N/A 446

CO .................... 55 1 14 686 314 N/A 1070

1996 Projection Year Ozone Season VOC, NOX, and CO Emissions (tons/day)

VOC .................. a 86 61 39 89 48 N/A 323

NOX .................. 264 8 3 105 43 N/A 423

CO .................... 53 1 14 575 330 N/A 973

1999 Projection Year Ozone Season VOC, NOX, and CO Emissions (tons/day)

VOC .................. a 88 63 40 89 49 N/A 329

NOX .................. 276 9 3 104 44 N/A 436

CO .................... 54 1 15 543 338 N/A 951

aWith 1993 rule effectiveness factors applied.

b Rate of Progress base year emission inventory (without biogenic source emissions).

Note: Numbers in a table are rounded to nearest whole number.

The revisions have been made in

accordance with EPA guidance.

Therefore, EPA is proposing to approve

the revisions to the 1990 base year VOC,

NOX, and CO emission inventories for

the Northern New Jersey and Trenton

ozone NAAs.

2. 1996 Projection Year Inventory

A projection of 1996 man-made

emissions is required to determine the

reductions needed for the 15 Percent

ROP Plan. The 1996 projection year

emission inventory is calculated by

multiplying the 1990 ROP base year

inventory by factors which estimate

growth from 1990 to 1996. A specific

growth factor for each source type in the

inventory is required since sources

typically grow at different rates.

The difference between the 1990 ROP

base year inventory estimates and the

1996 emissions projection is the

emissions growth estimate. Total 1996

growth for the four source categories

including the emissions offsets is

estimated to be a reduction of 72 tons

per day (tpd) in the Northern New

Jersey NAA and a reduction of 36 tpd

in the Trenton NAA. In addition, the

1996 projection year inventory reflects

1993 rule effectiveness factors. The

reader is referred to the technical

support document for further details.

Projection Methodology. Major Point

Sources. For the major point source

category, New Jersey projected

emissions to 1996 using value added

data available at the two-digit Standard

Industrial Classification (SIC) Code level

from 1984 to 1991. For the years 1987

to 1991, value added data showed a

sharp decline. In extrapolating to

determine the 1996 value added, New

Jersey constrained these growth rates at

a 1.0 percent decline each year rather

than the larger predicted decline to

prevent any significant under-prediction

of the 1996 emissions. For cases where

value added data were not available,

New Jersey used a State average to

project emissions for those remaining

SIC codes.

Since value added is one of the

preferred growth indicators to use, as

outlined in EPA’s ‘‘Procedures for

Preparing Emissions Projections,’’ July

1991, EPA finds New Jersey’s 1996

major point source projection

methodology to be acceptable.

Minor Point Sources. For the minor

point source category, New Jersey

projected emissions to 1996 using value

added data available at the two-digit SIC

Code level for all categories with the

following exceptions. For traffic paints,

New Jersey used 1996 lane mile growth

rates. For gasoline handling categories

(such as gasoline unloading, gasoline

tank breathing, gasoline refueling,

gasoline transit by rail car, and gasoline

transit by truck), New Jersey used daily

VMT growth rates to project emissions

to 1996.

Since value added is one of the

preferred growth indicators, EPA finds

New Jersey’s 1996 minor point source

projection methodology to be

acceptable. The methods used for the

exceptions above are also acceptable.

Area Sources. For the area source

category, New Jersey projected

emissions to 1996 using population

growth rates. This is in accordance with

EPA’s recommended growth indicators

for projecting emissions for area source

categories outlined in ‘‘Procedures for
Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules 23413

Preparing Emissions Projections,’’ July

1991. EPA finds New Jersey’s area

source projection methodology to be

acceptable.

Highway Mobile Sources. For the

highway mobile source category, New

Jersey projected emissions to 1996 using

VMT growth rates. New Jersey used

zonal transportation demand models to

model VMT. EPA finds New Jersey’s

methodology for projecting highway

mobile sources to be acceptable.

Off-highway Mobile Sources. For the

off-highway mobile source category,

New Jersey projected emissions using

population growth rates for all

subcategories with one exception, the

aircraft category. For the aircraft

category, emissions were projected to

1996 using landing and takeoff

operations. EPA finds New Jersey’s

methodology for projecting off-highway

mobile sources to be acceptable.

Tables 1A and 1B show the 1996 and

1999 projected emissions using the

above-mentioned growth indicators/

methodologies. States are required to

account for banked emission offsets

which will be used during the period

covered by the 15 Percent ROP Plan.

New Jersey did this and accounted for

5 tpd of pre-1990 emissions offsets in

the Northern New Jersey NAA and 3 tpd

of pre-1990 emissions offsets in the

Trenton NAA.

The 1996 projection year emission

inventories were calculated in

accordance with EPA guidance.

Therefore, EPA is proposing to approve

the 1996 projection year VOC, NOx, and

CO emission inventories for the

Northern New Jersey and Trenton ozone

NAAs.

3. 1999 Projection Year Inventory

A projection of 1999 man-made

emissions is required for the 9 Percent

RFP calculation. The calculation is

made by multiplying the 1996

projection year inventory by factors

which estimate growth from 1996 to

1999. A specific growth factor for each

source type in the inventory is required

since sources typically grow at different

rates.

The difference between the 1996

projection year inventory and the 1999

emissions projection is the emissions

growth estimate. Total growth for the

four source categories is estimated at 5

tpd in the Northern New Jersey NAA

and 5 tpd in the Trenton NAA. In

addition, the 1999 projection year

inventory reflects 1993 rule

effectiveness factors. The reader is

referred to the technical support

document for further details.

Projection Methodology. Major Point

Sources. For the major point source

category, New Jersey projected

emissions from 1996 to 1999 using

historical and projected data for the

years 1973, 1979, 1983, 1988, and every

fifth year from 1995 to 2040. These data

were obtained from the United States

Department of Commerce, Bureau of

Economic Analysis (earnings data). The

data for the relevant years, i.e., 1996 and

1999, were obtained by interpolating

between the two closest years.

Since the use of earnings data is one

of the preferred growth indicators, as

outlined in EPA’s ‘‘Procedures for

Preparing Emissions Projections,’’ July

1991, EPA finds New Jersey’s 1999

major point source projection

methodology to be acceptable.

Minor Point Sources. For the minor

point source category, New Jersey

projected emissions to 1999 using

earnings data available at the two-digit

SIC code level for all categories with

two exceptions, traffic paint and

gasoline handling. Since the use of

earnings data is one of the preferred

growth indicators, EPA finds New

Jersey’s 1999 minor point source

projection methodology to be

acceptable.

Unlike 1996, for which New Jersey

used lane miles as a growth indicator for

traffic paints, New Jersey did not project

any growth in traffic paint emissions to

1999 since there were no projected lane

mile data available for 1999. For

gasoline handling categories (such as

gasoline unloading, gasoline tank

breathing, gasoline refueling, gasoline

transit by rail car, and gasoline transit

by truck), as done for 1996, New Jersey

used daily VMT growth rates to project

emissions to 1999. These approaches are

also acceptable.

Area Sources. The 1996 area source

projection methodology was also used

for 1999 projections and is therefore,

acceptable.

Highway Mobile Sources. The 1996

highway mobile source projection

methodology was also used for 1999

projections and is therefore, acceptable.

Off-highway Mobile Sources. The

1996 off-highway projection

methodology was also used for 1999

projections and is therefore, acceptable.

The 1999 projection year emission

inventories have been calculated in

accordance with EPA guidance.

Therefore, EPA is proposing to approve

the 1999 projection year VOC, NOX, and

CO emission inventories for the

Northern New Jersey and Trenton ozone

NAAs.

4. 15 Percent Rate of Progress Plan

Section 182(b)(1) of the Act as

amended in 1990 requires ozone

nonattainment areas with classifications

of moderate and above to develop plans

to reduce area-wide VOC emissions by

15 percent from a 1990 adjusted

baseline. The plans were to be

submitted by November 15, 1993 and

the reductions were required to be

achieved within six years of enactment

or by November 15, 1996. The Act also

sets limitations on the creditability of

certain types of reductions. Specifically,

states cannot take credit for reductions

achieved by Federal Motor Vehicle

Control Program (FMVCP) measures

(new car emissions standards)

promulgated prior to 1990 and Reid

Vapor Pressure (RVP) programs

promulgated prior to 1990. Furthermore,

the Act does not allow credit for

corrections to vehicle Inspection and

Maintenance Programs (I/M) or

corrections to reasonably available

control technology (RACT) rules (RACT

fix-ups) that were required to have been

made to meet requirements in effect

prior to 1990.

The target emission reductions were

calculated in accordance with EPA

guidance. The reader is referred to

‘‘Guidance On The Adjusted Base Year

Emissions Inventory and The 1996

Target For The 15 Percent Rate of

Progress Plans,’’ (EPA–452/R–92–005).

New Jersey’s 15 Percent ROP Plan is

summarized in Table 2.

The reader should note that the

differences in VOC emissions between

1990 and 1996 as depicted in Tables 1A

and 1B are not the same as the emission

reductions for the same time period

depicted in Table 2, Summary of 15

Percent ROP Plan. This is because the

emissions changes between 1990 and

1996 have been adjusted for purposes of

the 15 Percent ROP Plan to eliminate

emission changes not creditable

according to the Act. These adjustments

are explained in detail in the previously

referenced guidance.
23414 Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules

TABLE 2.—SUMMARY OF 15 PERCENT ROP PLAN

Northern New

Jersey NAA

VOC (tons/

day)

Trenton NAA

VOC (tons/

day)

Required VOC reductions to meet 15 Percent Plan ............................................................................................... 129.82 37.18

Creditable reductions

Mobile source control measures:

Tier I vehicles ............................................................................................................................................ 1.96 0.73

Reformulated gasoline—on highway ......................................................................................................... 47.99 17.51

Reformulated gasoline—off highway ......................................................................................................... 4.32 1.33

Enhanced inspection & maintenance ........................................................................................................ 33.08 11.91

Stationary source control measures:

Barge loading ............................................................................................................................................. 21.08 1.21

Subchapter 16—VOC RACT ..................................................................................................................... 16.34 3.75

Consumer products rule—Subchapter 23 ................................................................................................. 5.93 1.79

Federal HON rule ...................................................................................................................................... 0.12 0.06

Total VOC reductions .................................................................................................................. 130.82 38.28

Surplus ..................................................................................................................................................................... 1.00 1.10

Reductions not credited in today’s action

Employer trip reduction and transportation control measures ................................................................................. 2.36 0.64

Measures Achieving the Projected

Reductions. New Jersey has provided a

plan to achieve the reductions required

for the two nonattainment areas. The

following is a concise description of

each control measure New Jersey used

to achieve emission reduction credit

within its 15 Percent ROP Plan. All the

State measures have been adopted and

submitted as SIP revisions. EPA has

previously approved some of the control

measures, others EPA has proposed

action upon, including the enhanced

vehicle I/M program. EPA agrees with

the emission reductions projected in the

State submittal except where noted in

Table 2 under the heading ‘‘Reductions

not credited in today’s action.’’

Mobile source control measures. Tier

I Federal Motor Vehicle Control

Program (FMVCP). EPA promulgated

standards for 1994 and later model year

light-duty vehicles and light-duty trucks

(56 FR 25724, June 5, 1991). Since the

standards were adopted after the Clean

Air Act Amendments of 1990, the

resulting emission reductions are

creditable toward the 15 percent

reduction goal. EPA agrees with the

emission reductions calculated by the

State due to the FMVCP.

Reformulated Gasoline. Section 211(k)

of the Act requires that after January 1,

1995 in severe and above ozone

nonattainment areas, only reformulated

gasoline be sold or dispensed. This

gasoline is reformulated to burn cleaner

and produce fewer evaporative

emissions. On December 6, 1991 the

State requested that the entire State of

New Jersey participate in the

reformulated gasoline program. EPA’s

approval of this request was published

in the Federal Register on March 26,

1991, 57 FR 11077. EPA agrees with the

emission reductions calculated by the

State due to the sale of reformulated

gasoline for both on-road and off-road

use.

Enhanced I/M. On October 31, 1996

(61 FR 56172), EPA proposed a

conditional interim approval of New

Jersey’s enhanced I/M program

submittal.

The reader is referred to that proposal

for the details on the enhanced I/M

program and EPA’s findings. That notice

called for the State to commit within 30

days to correct the major deficiencies in

the submittal by specific dates. EPA

identified two major deficiencies and

dates by which the State was to address

them: (1) Test procedures, standards,

and equipment specifications which

were to be submitted by January 31,

1997, and (2) program performance

modeling which is to be submitted

within one year after conditional

interim approval. On November 27,

1996, New Jersey committed to submit

test procedures and equipment

specifications by the date specified and

program modeling by October 30, 1997.

The equipment information was

received as scheduled and is currently

under review. In a separate action, EPA

will be publishing conditional interim

approval of the enhanced I/M program.

New Jersey’s 15 Percent ROP Plan

includes I/M modeling to provide

estimates for the level of reduction

expected from the program (see Table

2). However, New Jersey’s modeling was

completed prior to and is not consistent

with, EPA’s final guidance on the

methodology to be used for making

these calculations (December 23, 1996

memo entitled ‘‘Modeling 15% VOC

Reductions from I/M in 1999—

Supplemental Guidance). Therefore, the

State must commit within 30 days of the

publication of this document to submit,

within 12 months of the final

conditional interim approval of the 15

Percent ROP and the 9 Percent RFP

Plans, recalculated emission reduction

benefits attributable to the I/M program

for both the 15 Percent ROP Plan and

the 9 Percent RFP Plan. This

recalculation must take into account

actual I/M program conditions as they

are scheduled to occur, including, but

not limited to, program start date, cut

points, and test type. Also, New Jersey

must still fulfill the condition in the

October 31, 1996 Federal Register

document to perform modeling in order

to determine if the I/M program meets

the enhanced performance standard.

The State has committed to submit the

performance standard modeling by

October 30, 1997.

By today’s action, EPA proposes to

approve emission credits for the 15

Percent ROP and 9 Percent RFP Plans

on an interim basis, pending verification

of the I/M Program’s performance,

pursuant to section 348 of the NHSDA.

This interim approval of the 15 Percent

ROP and the 9 Percent RFP Plans will

expire at the end of the 18 month

period, and will be replaced by

appropriate EPA action based on the

evaluation EPA receives concerning the

Program’s performance. If the evaluation

indicates a shortfall in emission

reductions compared to the remodeling

that the 15 Percent ROP and 9 Percent

RFP Plans is conditioned on, the State

would need to find additional emission

credits. Failure of the State to make up

for an emission shortfall from the

enhanced I/M program may subject the
Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules 23415

State to sanctions and imposition of a

Federal Implementation Plan.

In addition, in a separate document,

EPA is taking both a limited conditional

approval of the New Jersey enhanced I/

M program under section 110 which

strengthens the SIP, as well as an

interim conditional approval under

section 348 of the NHDSA. The limited

approval of the enhanced I/M program

will not expire at the time the interim

approval of the 15 Percent ROP and 9

Percent RFP plans and the interim

approval of the enhanced I/M program

under the NHSDA expire. As explained

above, the credits provided by the I/M

program on an interim basis for those

plans may be adjusted based on EPA’s

evaluation of the I/M Program’s

performance.

Enhanced I/M ‘‘as soon as

practicable’’. Section 182(b)(1) of the

Act requires that states containing ozone

nonattainment areas classified as

moderate or above prepare SIPs that

provide for a 15 percent VOC emissions

reduction by November 15, 1996. Most

of the 15 Percent ROP Plans originally

submitted to EPA contained enhanced I/

M programs because this program

achieves more VOC emission reductions

than most, if not all other, control

strategies. However, many states became

concerned over the cost and

convenience of the enhanced I/M

program as they were originally

envisioned.

In a response to these concerns in

September 1995, EPA finalized

revisions to its enhanced I/M rule

allowing states significant flexibility in

designing I/M programs appropriate for

their needs. Subsequently, Congress

enacted the NHSDA, which provides

states with more flexibility in

determining the design of enhanced I/M

programs. The substantial amount of

time needed by states to redesign

enhanced I/M programs, in accordance

with the guidance contained within the

NHSDA, and set up the infrastructure to

perform the testing program has

precluded states that revised their I/M

programs from obtaining emission

reductions from such revised programs

by November 15, 1996.

Given the heavy reliance by many

states upon enhanced I/M programs to

help achieve the 15 percent VOC

emissions reduction required under

section 182(b)(1), and the recent

NHSDA and regulatory changes

regarding enhanced I/M programs, EPA

recognized that it was no longer

possible for many states to achieve the

portion of the 15 percent reductions that

are attributed to I/M by November 15,

1996. Under these circumstances,

disapproval of the 15 Percent ROP Plans

would serve no purpose. Consequently,

under certain circumstances, EPA will

propose to allow states that pursue

redesign of enhanced I/M programs to

receive emission reduction credit from

these programs within their 15 Percent

ROP Plans, even though the emissions

reductions from the I/M program will

occur after November 15, 1996.

Specifically, EPA can propose

approval of 15 Percent ROP Plans if the

emissions reductions from the revised,

enhanced I/M programs, as well as from

the other 15 Percent ROP Plan

measures, will achieve the 15 percent

level as soon after November 15, 1996

as practicable. To make this ‘‘as soon as

practicable’’ determination, EPA must

determine that the SIP contains all VOC

control strategies that are practicable for

the nonattainment area in question and

that meaningfully accelerate the date by

which the 15 percent level is achieved.

EPA does not believe that measures

meaningfully accelerate the 15 percent

date if they provide only an

insignificant amount of reductions.

In the case of New Jersey, the State

has submitted a 15 Percent ROP Plan

that would achieve the amount of

reductions needed from I/M by

November 15, 1999. New Jersey has

submitted a 15 Percent ROP Plan that

achieves all other reductions by 1996. In

addition, EPA is pursuing federal

rulemaking on a national scope which

will result in additional emission

reductions. EPA proposes to determine

that this SIP does contain all measures,

including enhanced I/M, that achieves

the required reductions as soon as

practicable.

EPA has examined other potentially

available SIP measures to determine if

they are practicable for New Jersey and

if they would meaningfully accelerate

the date by which the area reaches the

15 percent level of reductions. In most

cases New Jersey has already adopted

and implemented stationary control

measures that other states are

considering or which other states have

included in their 15 Percent ROP Plans.

EPA proposes to determine that the SIP

does contain the appropriate measures.

Stationary source measures. Barge

loading. New Jersey has adopted a VOC

control regulation for the loading of

marine vessels with gasoline. The State

submitted an adopted revision to

Subchapter 16 ‘‘Control and Prohibition

of Air Pollution by Volatile Organic

Substances’’ which regulates the loading

of gasoline into marine vessels to EPA

on June 20, 1990. On November 10,

1992, EPA published a final rulemaking

(57 FR 53440) approving the rule as a

revision to the SIP. EPA agrees with the

reductions projected in the New Jersey

15 Percent ROP Plan due to the

implementation of this rule.

Subchapter 16—VOC RACT. New

Jersey has submitted adopted revisions

to Subchapter 16 ‘‘Control and

Prohibition of Air Pollution by Volatile

Organic Compounds’’ which regulates

major sources not covered in EPA

issued control techniques guidelines

(CTG) documents. This is referred to as

‘‘non-CTG major sources.’’ It also

regulates sources for which EPA has

published CTGs since 1990. On April

11, 1997 (62 FR 17766), EPA published

a proposal approving the rule as a

revision to the SIP. EPA agrees with the

reductions projected in the New Jersey

15-Percent ROP Plan due to the

implementation of this rule.

Consumer Products rule—Subchapter

24. New Jersey has adopted a VOC

control regulation limiting the VOC

content of designated consumer and

commercial products. The State

submitted an adopted revision to

Subchapter 24 ‘‘Control and Prohibition

of Volatile Organic Compounds from

Consumer and Commercial Products’’ to

EPA on January 25, 1996. On January

21, 1997 (62 FR 2984), EPA published

a proposal approving the rule as a

revision to the SIP. EPA received no

comments on this proposal and is

preparing a notice announcing its final

action. EPA agrees with the reductions

projected in the New Jersey 15 Percent

ROP Plan due to the implementation of

this rule.

Federal HON rule. On April 22, 1994

EPA promulgated Part 63, Subpart H—

National Emission Standards for

Organic Hazardous Air Pollutants for

Equipment Leaks. This requires

facilities which manufacture or process

organic hazardous air pollutants to

develop and implement a program for

leak detection and repair. EPA agrees

with the reductions projected in the

New Jersey 15 Percent ROP Plan due to

the implementation of this rule.

Measures Not Creditable in Today’s

Action. Employer Trip Reduction and

Transportation Control Measures. On

November 15, 1993, New Jersey

submitted a SIP revision for an

Employer Trip Reduction program

(ETR), as required in section

182(d)(1)(B) of the Act. EPA proposed

approval of that program on December

6, 1994 (59 FR 62646). Subsequently,

the State made changes to this program,

but failed to submit these changes to

EPA as a SIP revision. On December 23,

1995, Congress repealed the mandatory

nature of the employer commute option

program (which New Jersey calls

‘‘ETR’’), allowing states discretion to

implement the program on a voluntary

basis. On November 1, 1996, the New
23416 Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules

Jersey Legislature repealed the State’s

mandatory ETR program.

On October 15, 1996, EPA published

direct final approval of revisions to New

Jersey’s SIP for ozone submitted by New

Jersey on November 15, 1992 and

November 15, 1993 (61 FR 53624). One

of the intended effects of this action was

to incorporate TCMs as part of New

Jersey’s effort to attain the national

ambient air quality standard for ozone.

Those TCMs included New Jersey’s ETR

program. On November 13, 1996, New

Jersey indicated it was in the process of

amending the list of TCMs.

Consequently, at New Jersey’s request,

EPA withdrew this approval on

December 18, 1996 (61 FR 66606).

New Jersey plans on replacing its

mandatory ETR program with an ‘‘ETR

Replacement Package,’’ including TCMs

and transportation technology measures,

and has provided a schedule. While

EPA acknowledges that the ETR

program may have achieved emission

reductions during the 1996 ozone

season, the program the State

implemented was not submitted as a SIP

revision and the State did not require

the employers to report on the results of

their programs. Without this reporting,

EPA is unable to verify the effectiveness

of the program. Because of the

uncertainties associated with both ETR

and TCMs, EPA is considering the

emissions reductions associated with

ETR and TCMs to be noncreditable with

respect to New Jersey’s Phase I Ozone

SIP at this time. EPA will take action on

the State’s ‘‘ETR Replacement Package’’

once it is submitted as a SIP revision.

15 Percent ROP Plan Evaluation. New

Jersey has identified the control

measures necessary for achieving the

required emission reductions and, with

the exception of enhanced I/M, all the

measures have been adopted and

implemented. New Jersey may also have

achieved emission reductions from the

ETR program as part of the 15 Percent

ROP Plan, but EPA is unable to verify

the reductions. EPA is proposing to find

that the 15 Percent ROP Plan contains

the necessary measures as identified in

Table 2 to achieve the required emission

reductions. The Plan also satisfies the

requirement of achieving these

reductions ‘‘as soon as practicable’’ and

there are no remaining measures which

could be implemented any sooner to

offset the delay in the enhanced I/M

program. Therefore, EPA is proposing

conditional interim approval of the 15

Percent ROP Plan.

5. The 9 Percent Reasonable Further

Progress Plan (24 Percent Plan)

Section 182(c)(2)(B) of the Act

requires ozone nonattainment areas

with classifications of serious and above

to develop plans to reduce area-wide

VOC emissions by 3 percent per year

averaged over the next three-year period

(1997–1999) from a 1990 baseline. This

is referred to as the 9 Percent RFP Plan.

The plan was to be submitted by

November 15, 1994 and the reductions

are required to be achieved by

November 15, 1999. The Act also sets

limitations on the creditability of certain

types of reductions.

The target emission reductions were

calculated in accordance with EPA

guidance. The reader is referred to

‘‘Guidance On The Post-1996 Rate of

Progress Plan and the Attainment

Demonstration,’’ (EPA–452/R–93–015).

New Jersey’s 9 Percent RFP Plan (New

Jersey refers to this as its 24 Percent

Plan) is summarized in Table 3.

TABLE 3.—SUMMARY OF NEW JERSEY 9 PERCENT RFP PLAN

Northern New Jersey NAA

(tons/day)

Trenton NAA (tons/day)

VOC 1 NOx

1 VOC 1 NOx

1

Required VOC reductions to meet 9 Percent Plan .......................................... 94.66 ........................ 40.34 ........................

Creditable Reductions

Mobile source control measures:

Tier I vehicles ............................................................................................ 12.87 29.53 4.80 10.14

Reformulated gasoline—on highway ........................................................ ........................ 0.74 ........................ 0.22

Reformulated gasoline—off highway ........................................................ 0.05 ........................ 0.03 ........................

Enhanced inspection & maintenance ........................................................ 3.77 33.70 1.58 10.81

National low emission vehicle program .................................................... 0.48 0.44 0.18 0.17

Stationary source control measures:

Barge and tanker loading .......................................................................... 0.23 ........................ 0.06 ........................

Subchapter 16 & 19—RACT ..................................................................... 0.17 70.92 ........................ 58.21

Federal CTG—RACT ................................................................................ 0.22 ........................ 0.04 ........................

Consumer products rule—Subchapter 24 ................................................. 0.05 ........................ 0.05 ........................

Total reductions .................................................................................. 17.84 2 135.33 6.74 2 79.55

Shortfall ............................................................................................................. 76.82 ........................ 33.60 ........................

VOC equivalents from NOX substitution .......................................................... 124.48 ........................ 62.63 ........................

Surplus reduction .............................................................................................. 47.66 ........................ 29.03 ........................

1VOC emission reductions claimed occur from 1997 through 1999. NOX emission reductions claimed occur from 1990 through 1999. 2 135 tons/day of NOX converts to 124.48 tons/day of VOC equivalent in the Northern New Jersey NAA. 79.55 tons/day of NOX converts to

62.63 tons/day of VOC equivalent in the Trenton NAA.

Measures Achieving the Projected

Reductions. New Jersey has provided a

plan to achieve the reductions required

for the two nonattainment areas. The

following is a concise description of

each control measure New Jersey used

to achieve the emission reduction credit

within its 9 Percent RFP Plan. All of the

State’s measures have been adopted and

submitted as SIP revisions. EPA has

previously approved some of the control

measures, others EPA has proposed

action on, including the enhanced

vehicle I/M program. EPA agrees with

the emission reductions projected in the

State’s submittal as they appear in Table

3. In addition, New Jersey has shown

that NOX reductions will contribute

toward attaining the ozone standard

(See section B.1., Modeling discussion

below). Section 182(c)(2)(C) therefore

allows NOX reductions to be used

toward meeting RFP requirements.

Table 3 includes columns showing the

VOC and NOX reductions that will

result from the implementation of the

control measures.

Mobile Source Measures. Tier I

Federal Motor Vehicle Control Program.

This is the same measure as contained
Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules 23417

in the 15 Percent ROP Plan except it is

only taking the additional credit that

would be generated for the years 1997–

1999. EPA agrees with the calculated

emission reductions associated with the

FMVCP.

Reformulated Gasoline. This is the

same measure as contained in the 15

Percent ROP Plan except it is only

taking the additional credit that would

be generated for the years 1997–1999.

EPA agrees with the calculated emission

reductions associated with reformulated

gasoline.

Enhanced Inspection and

Maintenance. This is the same measure

as contained in the 15 Percent ROP Plan

except it is only taking the additional

credit that would be generated for the

years 1997–1999. EPA agrees with the

calculated emission reductions

associated with reformulated gasoline.

National Low Emissions Vehicle

Program. On October 10, 1995, EPA

proposed a national low emission

vehicle program (60 FR 52734) and is

soon expected to sign a final

rulemaking. This would provide more

stringent tailpipe standards for cars and

light-duty trucks and be a substitute for

the Ozone Transport Commission low

emission vehicle program. EPA agrees

with the calculated emission reductions

associated with this program.

Stationary Source Measures. Barge

and Tanker Loading. AThis is the same

measure as contained in the 15 Percent

ROP Plan except it is only taking the

additional credit that would be

generated for the years 1997–1999. EPA

agrees with the calculated emission

reductions associated with barge and

tanker controls.

Subchapter 16. This is the same

measure as contained in the 15 Percent

ROP Plan except it is only taking the

additional credit that would be

generated for the years 1997–1999. EPA

agrees with the calculated emission

reductions associated with Subchapter

16.

Subchapter 19. New Jersey has

submitted adopted revisions to

Subchapter 19 ‘‘Control and Prohibition

of Air Pollution From Oxides of

Nitrogen’’ which regulates combustion

sources that emit NOX. On January 27,

1997, EPA published a final rulemaking

(62 FR 3804) approving the rule as a

revision to the SIP. EPA agrees with the

calculated emission reductions

associated with Subchapter 19.

Federal CTG—RACT. This is the same

measure as contained in the 15 Percent

ROP Plan except it is only taking the

additional credit that would be

generated for the years 1997–1999. EPA

agrees with the calculated emission

reductions associated with the post1990 CTG source categories included in

Subchapter 16.

Consumer Products rule—Subchapter

24. This is the same measure as

contained in the 15 Percent ROP Plan

except it is only taking the additional

credit that would be generated for the

years 1997–1999. EPA agrees with the

calculated emission reductions

associated with Subchapter 24.

9 Percent RFP Plan Evaluation. New

Jersey has identified the control

measures necessary for achieving the

required emission reductions and, with

the exception of enhanced I/M, all the

measures have been adopted and

implemented. EPA is proposing to find

that the 9 Percent RFP Plan contains the

necessary measures as identified in

Table 3 to achieve the required emission

reductions. However, as discussed

under the 15 Percent ROP Plan section,

the State must remodel the effectiveness

of the enhanced I/M program as it

pertains to the 9 Percent RFP Plan.

Therefore, EPA is proposing conditional

interim approval.

6. Analysis of Growth in Emissions Due

to Increases in VMT

Section 182(d)(1)(A) of the Act

requires states containing ozone

nonattainment areas classified as

‘‘severe’’ pursuant to section 181(a) of

the Act to adopt transportation control

measures and transportation strategies

to offset growth in emissions from

growth in VMT or number of vehicle

trips, and to attain reductions in motor

vehicle emissions (in combination with

other emission requirements) as

necessary to comply with the Act’s RFP

milestone and attainment requirements.

The requirements for establishing a

VMT offset program are discussed in the

section 182(d)(1)(A) and the General

Preamble.

Section 182(d)(1)(A) requires New

Jersey to offset any growth in emissions

from growth in VMT. As discussed in

the General Preamble, the purpose is to

prevent a growth in motor vehicle

emissions from canceling out the

emission reduction benefits of the

federally mandated programs in the Act.

EPA interprets this provision to require

that sufficient measures be adopted so

that projected motor vehicle VOC

emissions will never be higher during

the ozone season in one year than

during the ozone season in the year

before. When growth in VMT and

vehicle trips would otherwise cause a

motor vehicle emissions upturn, this

upturn must be prevented by offsetting

reductions. The emissions level at the

point of an upturn becomes a ceiling on

motor vehicle emissions. This

requirement applies to projected

emissions in the years between the

submission of the SIP revision and the

attainment deadline, and is above and

beyond the separate requirements for

the RFP and the Attainment

Demonstrations. The ceiling level is

defined, therefore, up to the point of an

upturn, as motor vehicle emissions that

would occur in the ozone season of that

year, with VMT growth, if all measures

for that area in that year were

implemented as required by the Act.

When this curve begins to turn up due

to growth in VMT or vehicle trips, the

ceiling becomes a fixed value. The

ceiling line would include the effects of

federal measures such as new motor

vehicle standards, phase II reid vapor

pressure controls, and reformulated

gasoline, as well as the Act mandated

SIP requirements.

As noted previously, on October 15,

1996, EPA published direct final

approval of revisions to New Jersey’s

SIP for ozone submitted by New Jersey

on November 15, 1992 and November

15, 1993 (61 FR 53624). In addition to

the intended approval of New Jersey’s

ETR program, this action was also

intended to approve New Jersey’s

demonstration that emissions from

growth in vehicle miles traveled will

not increase motor vehicle emissions

and, therefore, offsetting measures are

not necessary. While this approval was

subsequently withdrawn at New Jersey’s

request, EPA’s rationale for separating

the three elements of Section

182(d)(1)(A) (i.e., offsetting growth in

mobile source emissions, attainment of

the RFP reduction, and attainment of

ozone NAAQS) is outlined therein and

is still valid.

Included in the 15 Percent ROP Plan,

New Jersey submitted an analysis of the

growth in motor vehicle emissions due

to growth in VMT: emissions from

motor vehicles are projected to

continually decline from 1990 levels in

both the Northern New Jersey and

Trenton NAAs through the year 2012.

The attainment deadline for the

Northern New Jersey NAA is 2007 and

for the Trenton NAA is 2005. Therefore,

the State is not required to implement

any measures to offset growth in

emissions due to growth in VMT.

Should increases occur after these dates,

they would be addressed in the

Attainment Demonstration or

maintenance plan. EPA is proposing to

find that the State has adequately

demonstrated that transportation control

measures are not needed to offset

growth in emissions due to growth in

VMT.
23418 Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules

7. Photochemical Assessment

Monitoring Station

Section 182(c)(1) of the Act and the

General Preamble (57 FR 13515) require

that EPA promulgate rules for enhanced

monitoring of ozone, NOX and VOCs

(see 58 FR 8452, February 12, 1993) and

that states classified serious and above

develop and operate a photochemical

assessment monitoring station network

(PAMS). NJDEP submitted its PAMS

Network Plan which included a

schedule for implementation. This

submittal was reviewed and approved

on January 27, 1994 by EPA and was

judged to satisfy the requirements of 40

CFR 58.40(a). NJDEP has been

establishing its PAMS network

according to its approved Work Plan

and implementation schedule. EPA is

proposing to approve New Jersey’s

PAMS network.

B. Other Phase I Elements

1. Modeling Work Completed to Date

Photochemical grid modeling is used

to support the State’s submittal in two

ways: first, meet the requirements set

out in EPA’s March 2, 1995 memo for

a preliminary modeling analysis and to

support the State’s ability to use

reductions in VOC and NONOX

emission as part of its ROP and RFP

Plans.

New Jersey has submitted a

preliminary modeling analysis using

assumptions about transported ozone

and precursors, as required by the

March 2, 1995 memo previously

referenced. This analysis does not have

to show attainment of the ozone

standard. Two episodes were modeled

and ozone concentrations were

predicted using emission control

programs mandated by the Act plus

various strategies proposed by the

Ozone Transport Commission for

reduction of ozone and its precursors in

the Ozone Transport Region. Even with

these programs, the modeling predicts

that the State will not attain the ozone

standard. To address this, New Jersey

has actively participated in the multistate Ozone Transport Assessment

Group as required in the March 2, 1995

policy memo.

The modeling also predicts that ozone

will be reduced if emissions of VOC or

of NOX are reduced. This is based on

modeling the impact of proportionally

reducing emissions of VOC and NOX

together and separately and showing

that the peak ozone concentration is

reduced. Thus, emissions of either VOC

and NOX can be reduced to improve

ozone air quality in New Jersey and

either can be used in the 15 Percent

ROP and 9 Percent RFP Plans to the

extent allowed in the Act. EPA is

proposing to accept New Jersey’s

modeling efforts as fulfilling EPA’s

Phase I requirements.

2. Ozone Transport Commission NOX

MOU

On September 27, 1994, the Ozone

Transport Commission agreed to

develop a regional program to achieve

significant reduction in NOX emissions

from large combustion sources. New

Jersey signed the Memorandum of

Understanding (MOU) which formalized

this program. EPA’s March 2, 1995

policy requires states to provide

enforceable commitment to implement

the NOX MOU. New Jersey provided a

schedule for completing the rule

development effort by November 1997

which will implement the NOX MOU.

EPA is proposing to accept this as

satisfying EPA’s Phase I requirement for

NOX MOU.

3. Commitments to Future Action

EPA’s March 2, 1995 policy requires

states to provide enforceable

commitments to: (1) participate in the

consultative process to address regional

transport; (2) adopt additional control

measures as necessary to attain the

ozone standard, meet rate of progress

requirements, and eliminate significant

contribution to nonattainment

downwind; and (3) identify any

reductions that are needed from upwind

areas for the area to meet the ozone

standard.

As part of the December 31, 1996 SIP

revision, New Jersey made

commitments for all three of the above

requirements. New Jersey is an active

participant to the Ozone Transport

Assessment Group process and chairs

the Modeling and Assessment

Subgroup. EPA is proposing to accept

these commitments as satisfying EPA’s

Phase I requirements.

4. Clean Fuel Fleet

Section 182(c)(4) requires a Clean

Fuel Fleet or substitute measure. New

Jersey submitted a substitute measure

on February 15, 1996 and supplemented

the submittal on March 6, 1997. EPA

will be taking action on this

requirement in a separate Federal

Register document.

IV. Transportation Conformity Budgets

By virtue of proposing approval of the

15 Percent ROP Plan and 9 Percent RFP

Plan, EPA is also proposing approval of

the motor vehicle emissions budgets for

VOC and NOX. For the purpose of

transportation conformity

determinations, final approval of this 15

Percent ROP Plan revision will

eliminate the need for a build/no-build

test and less-than-1990 emissions test

for VOC and NOX for the 1996 analysis

year. For the 1999 analysis year and

later, conformity determinations

addressing VOC and NOX must

demonstrate consistency with the 9

Percent RFP Plan revision’s VOC and

NOX motor vehicle emissions budget.

The tables 5 and 6 summarize New

Jersey’s Emission Budgets.

TABLE 4.—EMISSION BUDGETS FOR CONFORMITY

VOC

(tons/day)

NOX

(tons/day)

1996

North Jersey Transportation Planning Authority .............................................................................................................. 164.71 270.99

Delaware Valley Regional Planning Commission (NJ portion) ....................................................................................... 52.26 79.66

South Jersey Transportation Planning Organization ....................................................................................................... 29.62 32.64

1999

North Jersey Transportation Planning Authority .............................................................................................................. 144.06 244.93

Delaware Valley Regional Planning Commission (NJ portion) ....................................................................................... 46.48 72.36

South Jersey Transportation Planning Organization ....................................................................................................... 17.44 29.53
Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules 23419

TABLE 5.—EMISSION BUDGETS FOR MCGUIRE AIR FORCE BASE

VOC

(tons/year)

NOX

(tons/year)

1990 Baseline .................................................................................................................................................................. 1,112 1,038

1996 ................................................................................................................................................................................. 1,186 1,107

1999 ................................................................................................................................................................................. 1,223 1,142

EPA is proposing to approve New

Jersey’s emission budgets.

V. Phase I Findings

On July 3, 1996, EPA notified the

Governor of New Jersey that EPA was

making a finding of failure to submit all

the Act elements required to fulfill the

March 2, 1995 ‘‘Ozone Attainment

Demonstration’’ policy as committed to

by New Jersey. EPA announced the start

of the sanction process in a July 10,

1996 Federal Register notice (61 FR

36292). With New Jersey’s submittals of

December 31, 1996 and February 25,

1997 (Phase I SIP revision), and March

6, 1997 (Clean Fuel Fleets Program SIP

revision), New Jersey has now

submitted all the Phase I requirements.

EPA has determined these submittals

are complete and will notify New Jersey

in a letter shortly that the sanction

process that started on July 3, 1996 is

terminated.

VI. Summary

EPA has evaluated these submittals

for consistency with the Act, applicable

EPA regulations, and EPA policy. EPA

is proposing approval of 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; modeling efforts completed

to date; transportation conformity

budget; and enforceable commitments

for Phase II.

In addition, EPA is proposing

conditional interim approval of New

Jersey’s 15 Percent ROP Plan and the 9

Percent RFP Plan if New Jersey

commits, in writing, within 30 days of

EPA’s proposal to correct the following

condition. New Jersey must remodel the

enhanced I/M program to estimate the

emission reductions that will result

from the I/M program as implemented.

This remodeling must be completed and

submitted to EPA within one year of

EPA’s final action on the 15 Percent

ROP and the 9 Percent RFP Plans.

If New Jersey submits a commitment

to this effect, EPA will publish a

conditional interim approval of New

Jersey’s 15 Percent ROP Plan and the 9

Percent RFP Plan. EPA will consider all

information submitted as a supplement

or amendment to the December 31, 1996

submittal prior to any final rulemaking

action.

If New Jersey does not make the

required commitment to EPA within 30

days, EPA is today proposing in the

alternative that the 15 Percent ROP Plan

and 9 Percent RFP Plan be disapproved.

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.

VII. Administrative Requirements

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.

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.

Conditional approvals of SIP

submittals under section 110 and

subchapter I, part D of the 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, 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

Act, preparation of a flexibility analysis

would constitute federal inquiry into

the economic reasonableness of state

action. The 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).

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 would 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.

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 proposed 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
23420 Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 / Proposed Rules

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

The Regional Administrator’s

decision to approve or disapprove the

SIP revision will be based on whether

it meets the requirements of section

110(a)(2)(A)–(K) and part D of the Act,

as amended, and EPA regulations in 40

CFR Part 51.

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.

Authority: 42 U.S.C. 7401–7671q.

Dated: April 16, 1997.

William J. Muszynski,

Deputy Regional Administrator.

[FR Doc. 97–11125 Filed 4–29–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WA60–7135b; WA61–7136b; and WA63–

7138b; FRL–5812–8]

Approval and Promulgation of State

Implementation Plans: State of

Washington

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve

three State Implementation Plan (SIP)

revisions submitted by the State of

Washington (Washington) for the

purpose of removing the requirement for

oxygenated fuel in the Vancouver,

Washington, and Central Puget Sound

carbon monoxide (CO) maintenance

areas. One requested revision removes

the requirement for oxygenated fuel

from the Washington regulations; a

second requested revision removes the

requirement for oxygenated fuel from

the Puget Sound Air Pollution Control

Agency (PSAPCA) regulations; and a

third requested revision removes the

requirement for oxygenated fuel from

the Southwest Air Pollution Control

Authority (SWAPCA) regulations. The

SIP revisions were submitted by

Washington because the Vancouver and

Central Puget Sound areas have been

redesignated as attainment for carbon

monoxide (CO) and oxygenated fuel is

no longer required in those areas, as

specified in the CO Maintenance Plans

previously approved for those areas. In

the Final Rules Section of this Federal

Register, the EPA is approving

Washington’s SIP revisions as a direct

final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

and anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period on this action.

DATES: Comments on this proposed rule

must be received in writing by May 30,

1997.

ADDRESSES: Written comments should

be addressed to Montel Livingston,

Environmental Protection Specialist

(OAQ–107), Office of Air Quality, at the

EPA Regional Office listed below.

Copies of the documents relevant to this

proposed rule are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Environmental Protection Agency,

Region 10, Office of Air Quality, 1200

6th Avenue, Seattle, WA 98101.

The State of Washington Department

of Ecology, 300 Desmond Drive, Lacey,

Washington 98504–8711.

FOR FURTHER INFORMATION CONTACT:

William M. Hedgebeth, Office of Air

Quality (OAQ–107), EPA, 1200 6th

Avenue, Seattle, WA 98101, (206) 553–

7369.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action which is located in the Rules

Section of this Federal Register.

Dated: April 3, 1997.

Chuck Clarke,

Regional Administrator.

[FR Doc. 97–11156 Filed 4–29–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 126–0032b; FRL–5815–6]

Approval and Promulgation of State

Implementation Plans; California State

Implementation Plan Revision, Placer

County Air Pollution Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP) that concern

a wide range of administrative and

traditional source category rules.

The intended effect of proposing

approval of these rules is to regulate

emissions of volatile organic

compounds (VOCs), oxides of nitrogen

(NOX) and other pollutants in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). In the Final Rules

Section of this Federal Register, the

EPA is approving the state’s SIP revision

as a direct final rule without prior

proposal because the Agency views this

as a noncontroversial revision and

anticipates no adverse comments. A

detailed rationale for this approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this document. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by May 30,

1997.

ADDRESSES: Written comments on this

action should be addressed to: Andrew

Steckel, Rulemaking Office [AIR–4], Air

Division, U.S. Environmental Protection

Agency, Region 9, 75 Hawthorne Street,

San Francisco, CA 94105–3901.

Copies of the rule revisions are

available for public inspection at EPA’s

Region 9 office during normal business

hours. Copies of the submitted rule

revisions are also available for

inspection at the following locations:

Placer County Air Pollution Control

District, 11464 B Avenue, Auburn, CA

96503 and

California Air Resources Board,

Stationary Source Divison, Rule