Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62741

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,

Acting Assistant Administrator for Air

and Radiation. The Office of

Management and Budget has exempted

this regulatory action from Executive

Order 12866 review.

IX. Regulatory Process

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., USEPA 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, USEPA 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-forprofit 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, I

certify 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 regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The CAA

forbids USEPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2).

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995, signed into law on March 22,

1995, USEPA must undertake various

actions in association with proposed or

final rules that include a Federal

mandate that may result in estimated

costs of $100 million or more to the

private sector, or to State, local, or tribal

governments in the aggregate.

Through submission of the state

implementation plan or plan revisions

approved in this action, the State has

elected to adopt the program provided

for under section 110 of the Clean Air

Act. The rules and commitments being

approved in this action may bind State,

local and tribal governments to perform

certain actions and also may ultimately

lead to the private sector being required

to perform certain duties. To the extent

that the rules and commitments being

approved by this action will impose or

lead to the imposition of any mandate

upon the State, local or tribal

governments either as the owner or

operator of a source or as a regulator, or

would impose or lead to the imposition

of any mandate upon the private sector,

EPA’s action will impose no new

requirements; such sources are already

subject to these requirements under

State law. Accordingly, no additional

costs to State, local, or tribal

governments, or to the private sector,

result from this action. The USEPA has

also determined that this action does

not include a mandate that may result

in estimated costs or $100 million or

more to State, local, or tribal

governments in the aggregate or to the

private sector. Approval of Ohio’s

emissions inventories does not impose

any new requirements on small entities.

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 February 5, 1996.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See Section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: November 20, 1995.

Valdas V. Adamkus,

Regional Administrator.

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 KK—Ohio

2. Section 52.1885 is amended by

adding new paragraph (v) to read as

follows:

§ 52.1885 Control Strategy: Ozone.

* * * * *

(v) Approval—The 1990 base-year

ozone emissions inventory requirement

of Section 182(a)(1) of the Clean Air Act

has been satisfied for the Canton (Stark

County); Cincinnati-Hamilton (Butler,

Clermont, Hamilton and Warren

Counties); Cleveland-Akron-Lorain

(Ashtabula, Cuyahoga, Geauga, Lake,

Lorain, Medina, Portage and Summit

Counties); and Youngstown-WarrenSharon (Mahoning and Trumbull

Counties) areas.

[FR Doc. 95–29755 Filed 12–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[Region II Docket No. 146, NJ23–1–7243(a);

FRL–5322–2]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of New Jersey;

Revised Policy Regarding Applicability

of Oxygenated Fuels Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On June 9, 1995, the New

Jersey Department of Environmental

Protection (NJDEP) submitted requests

to redesignate the Camden County

nonattainment area and nine notclassified areas from nonattainment to

attainment for carbon monoxide (CO).

Under the Clean Air Act as amended in

1990 (CAA), designations can be revised

if sufficient data is available to warrant

such revisions. In this action, EPA is

approving the New Jersey requests

because they meet the redesignation

requirements set forth in the CAA,

which include the submittal of

maintenance plans.

In addition, EPA is approving two

related State Implementation Plan (SIP)

submissions by NJDEP. On November

15, 1992, NJDEP submitted a final 1990

base year emission inventory for CO

emissions. This includes emissions data

for the entire State for all sources of CO

in New Jersey’s CO nonattainment areas.

NJDEP also submitted contingency

measures in the event the State fails to

maintain the national ambient air

quality standards for CO or if its vehicle

miles travelled forecast is exceeded. In

this action, EPA is approving New

Jersey’s CO emissions inventory

submission and contingency measures.

EFFECTIVE DATES: This final rule is

effective on February 5, 1996 unless

adverse or critical comments are

received by January 8, 1996. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: William S. Baker,

Chief, Air Programs Branch,
62742 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

Environmental Protection Agency,

Region II Office, 290 Broadway, New

York, New York 10007–1866.

Copies of the State submittal are

available at the following addresses for

inspection during normal business

hours:

Environmental Protection Agency,

Region II Office, Air Programs Branch,

290 Broadway, 20th Floor, New York,

New York 10007–1866

New Jersey Department of

Environmental Protection, Office of

Energy, Bureau of Air Quality

Planning, 401 East State Street,

CN027, Trenton, New Jersey 08625.

FOR FURTHER INFORMATION CONTACT:

William S. Baker, Chief, Air Programs

Branch, Environmental Protection

Agency, Region II Office, 290 Broadway,

New York, New York 10007–1866,

(212)637–4249.

SUPPLEMENTARY INFORMATION:

I. Background

Camden County was designated

nonattainment for CO under the

provisions of sections 186 and 187 of

the CAA. Because the area had a design

value of 11.6 parts per million based on

1988 and 1989 data, the area was

classified moderate. [See 56 FR 56694

(Nov. 6, 1991) and 57 FR 56762 (Nov.

30, 1992), codified at 40 CFR part 81,

section 81.331.] This design value was

based on ambient CO data recorded in

the City of Philadelphia, which is in the

Philadelphia-Wilmington-Trenton

Consolidated Metropolitan Statistical

Area (CMSA). For moderate CO

nonattainment areas, the CAA requires

that air quality must attain the National

Ambient Air Quality Standard (NAAQS)

by December 31, 1995. The last

exceedance of the CO NAAQS in

Camden County occurred in 1989.

In addition, nine areas were

designated as not-classified

nonattainment under section

107(d)(1)(C) of the CAA. Three of these

not-classified areas, the City of Trenton,

the City of Burlington and the Borough

of Penns Grove (part), are located within

the Philadelphia-Wilmington-Trenton

CMSA. Five of the not-classified areas,

the Borough of Freehold, the City of

Morristown, the City of Perth Amboy,

the City of Toms River and the Borough

of Somerville, are located in the New

York-Northern New Jersey-Long Island

(NY–NJ–LI) CMSA. The remaining notclassified area is the City of Atlantic

City, which is not contained within a

CMSA. The oxygenated gasoline

requirements applicable to each of these

areas depend upon its location in the

State. These requirements are discussed

in section III.5 of this notice.

The nine areas were considered ‘‘notclassified’’ because air quality data

collected during the period 1988 and

1989 showed that the NAAQS were met

or because the data were not available.

In those instances where air quality was

no longer being monitored,

concentrations measured in prior years

had fallen well below the CO NAAQS.

In an effort to comply with the CAA

and to ensure continued attainment of

the NAAQS, on September 28, 1995, the

State of New Jersey submitted CO

redesignation requests and maintenance

plans for Camden County and the nine

not-classified areas. This submittal

contained evidence that public hearings

were held on September 8, 1995.

II. Evaluation Criteria

Section 107(d)(3)(E) of the CAA

provides five specific requirements that

an area must meet in order to be

redesignated from nonattainment to

attainment.

1. The area must have attained the

applicable NAAQS.

2. The area must have a fully

approved SIP under section 110(k) of

the CAA.

3. The air quality improvement must

be permanent and enforceable.

4. The area must have a fully

approved maintenance plan pursuant to

section 175A of the CAA.

5. The area must meet all applicable

requirements under section 110 and Part

D of the CAA.

III. Review of State Submittal

EPA has determined that the

information received from the NJDEP

constitutes complete redesignation

requests under the general completeness

criteria of 40 CFR part 51, appendix V,

sections 2.1 and 2.2.

Additionally, the New Jersey

redesignation requests for Camden

County and the nine not-classified areas

meet the five requirements of section

107(d)(3)(E), noted earlier. The

following is a brief description of how

the State has fulfilled each of these

requirements.

1. Attainment of the CO NAAQS

New Jersey has quality-assured CO

ambient air monitoring data showing

that Camden County and the nine notclassified areas have met the CO

NAAQS. These requests are based on an

analysis of quality-assured CO air

monitoring data which is relevant to the

maintenance plan and to the

redesignation request. To attain the CO

NAAQS, an area must have complete

quality-assured data showing no more

than one exceedance of the standard per

year over at least two consecutive years.

CO monitoring data from calendar year

1990 through calendar year 1994 shows

that no violations of the CO NAAQS

have occurred. Camden County and the

nine not-classified areas have complete

quality assured data showing no more

than one exceedance of the NAAQS per

year over the most recent two complete

years of data (1993 and 1994). In fact,

the nine not-classified areas have not

violated the NAAQS since 1987. In

addition, the most recent ambient CO

data for calendar year 1995 shows no

exceedances of the NAAQS to date in

Camden County or in the nine notclassified areas. EPA finds that all of

these areas have met the first statutory

criterion for attainment of the CO

NAAQS (40 CFR 50.9 and appendix C).

Furthermore, air quality data for the

Philadelphia portion of the

Philadelphia-Wilmington-Trenton

CMSA shows that the remainder of the

nonattainment area has met the CO

NAAQS since 1990. Therefore, air

quality in the entire CMSA has been

meeting the CO standards since 1990.

2. Fully Approved SIP Under Section

110(k) of the CAA

New Jersey’s September 28, 1995 CO

SIP revision is fully approved by EPA as

meeting all the requirements of section

110(a)(2)(I) of the CAA, including the

requirements of Part D (relating to

nonattainment), which were due prior

to the date of New Jersey’s redesignation

request. The 1990 CAA required that

nonattainment areas meet specific new

requirements depending on the severity

of the nonattainment classification.

Requirements for Camden County and

the nine not-classified areas include the

preparation of a 1990 emission

inventory with periodic updates and the

development of contingency measures.

Each of these requirements added by the

1990 CAA are discussed in greater detail

below.

A. Part D New Source Review

Requirements

Consistent with the October 14, 1994

EPA guidance from Mary D. Nichols

entitled ‘‘Part D New Source Review

(Part D NSR) Requirements for Areas

Requesting Redesignation to

Attainment,’’ EPA is not requiring full

approval of a Part D NSR program by

New Jersey as a prerequisite to

redesignation to attainment. Under this

guidance, nonattainment areas may be

redesignated to attainment

notwithstanding the lack of a fully

approved Part D NSR program so long

as the program is not relied upon for

maintenance. New Jersey has not relied

on a NSR program for CO sources to

maintain attainment. Because Camden
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62743

County and nine not-classified areas are

being redesignated to attainment by this

action, New Jersey’s Prevention of

Significant Deterioration requirements

will be applicable to new or modified

sources in Camden County and the nine

not-classified areas.

B. Emission Inventory

New Jersey submitted a CO base year

inventory for the entire State to EPA on

November 15, 1992. On November 21,

1994, New Jersey submitted a technical

update to the CO emission inventory for

Bergen, Essex, Hudson, Passaic, and

Union Counties. On September 28,

1995, New Jersey updated the CO

emission inventory for the Camden

County moderate nonattainment area

and nine not classified nonattainment

areas. These inventories are required

under section 187(a)(1) of the CAA.

New Jersey’s base year inventory used

a three month CO season of November

1990 through February 1991. The

inventory included emissions estimates

from stationary point, stationary area,

on-road mobile, and nonroad mobile

sources of CO. These emission estimates

were prepared in accordance with EPA

guidance.

Table A presents a summary of the CO

peak season daily emissions estimates

in tons per winter day for Camden

County and the nine not classified areas.

Table B presents a summary of the CO

peak season daily emissions estimates

in tons per winter day for the remaining

nonattainment areas in the State.

TABLE A.—SUMMARY OF CO PEAK

SEASON DAILY EMISSIONS ESTIMATES

Nonattainment Area

1990

Base

year CO

emission

inventory

(tons per

day)

2007 Projected

CO emission inventory

(tons per

day)

City of Atlantic City ... 98 80

City of Burlington ...... 225 200

Borough of Freehold . 245 205

City of Morristown ..... 251 192

Borough of Penns

Grove (part) ........... 47 37

City of Perth Amboy . 320 279

Borough of Somerville ........................ 135 113

City of Toms River .... 145 142

City of Trenton .......... 154 135

Total for Not Classified Areas .............. 1620 1383

Camden County ........ 252 218

Total for Camden

County ................... 252 218

TABLE B.—SUMMARY OF CO PEAK

SEASON DAILY EMISSIONS ESTIMATES

Nonattainment area

1990

Base

year CO

emission

inventory

(tons per

day)

Bergen County .............................. 506

Essex County ............................... 377

Hudson County ............................. 222

Passaic County ............................. 303

Union County ................................ 273

Total for Northern Nonattainment

Counties .................................... 1681

Section 110(k) of the CAA contains

provisions regarding emission inventory

submittals. The EPA has determined

that New Jersey’s 1990 base year CO

emissions inventory submitted on

November 15, 1992 and updated on

November 21, 1994 and September 28,

1995, meets these requirements. For

further details, the reader is referred to

the Technical Support Document,

which is available for review at the

addresses provided previously.

C. Contingency Measures

Under section 187(a)(3) of the CAA,

the State is required to include adopted

contingency measures in the event the

State fails to attain the national ambient

air quality standards by the required

date or if the vehicle miles travelled

forecast is exceeded beyond the

allowable limit as defined in the

January, 1992 guidance document,

‘‘Section 187 VMT Forecasting and

Tracking Guidance.’’

EPA is approving New Jersey’s

transportation control measures (TCMs)

with these redesignation requests. These

TCMs cover three major program areas:

Traffic flow improvements, park & ride

lots, and increased ridesharing. The

State included its employee commute

options (ECO) program as an additional

contingency measure. EPA will be

taking action on New Jersey’s ECO

program submittal as a requirement of

the State’s ozone SIP in a separate

Federal Register notice since there are

specific requirements an ECO program

must meet in order to be approved as

part of an ozone SIP, but not as a

contingency measure in a CO SIP.

3. Improvement in Air Quality Due to

Permanent and Enforceable Measures

New Jersey has implemented a

number of measures to control motor

vehicle CO emissions. Emission

reductions achieved through the

implementation of these control

measures are enforceable. These

measures include the Federal Motor

Vehicle Control Program, Federal

reformulated gasoline, New Jersey’s pre1990 modifications to its inspection and

maintenance (I/M) program, and local

transportation control measures.

The State of New Jersey has

demonstrated that actual enforceable

emission reductions are responsible for

the air quality improvement and that the

CO emissions in the base year are not

artificially low due to local economic

downturn. EPA finds that the

combination of existing EPA-approved

SIP and federal measures contribute to

the permanence and enforceability of

reduction in ambient CO levels that

have allowed Camden County to attain

the NAAQS since 1990 and the nine

not-classified areas to attain since 1986.

4. Fully Approved Maintenance Plan

Under Section 175A

Section 175A of the CAA sets forth

the elements of a maintenance plan for

areas seeking redesignation from

nonattainment to attainment. The plan

must demonstrate continued attainment

of the applicable NAAQS for at least ten

years after the Administrator approves a

redesignation to attainment. Eight years

after the redesignation, the state must

submit a revised maintenance plan

which demonstrates attainment for the

ten years following the initial ten-year

period. To provide for the possibility of

future NAAQS violations, the

maintenance plan must contain

contingency measures, with a schedule

for implementation adequate to assure

prompt correction of any air quality

problems. In this notice, EPA is

approving the State of New Jersey’s

maintenance plans for Camden County

and the nine not-classified areas

because EPA finds that New Jersey’s

submittal meets the requirements of

section 175A.

A. Attainment Emission Inventory

As previously noted, on November 15,

1992, the State of New Jersey submitted

a comprehensive inventory of CO

emissions for Camden County and the

nine not-classified areas. The inventory

includes emissions from area,

stationary, and mobile sources using

1990 as the base year for calculations.

Although the 1990 inventory can be

considered representative of attainment

conditions because the NAAQS were

not violated during 1990, New Jersey

established CO emissions for the

redesignation year, 1995, as well as a

forecast for the year 2007 in its

redesignation request. These estimates

were derived from the State’s 1990

emissions inventory and assumptions
62744 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

about economic and vehicle miles

travelled growth.

B. Demonstration of MaintenanceProjected Inventories

Total CO emissions were projected

from 1990 base year out to 2007. These

projected inventories were prepared in

accordance with EPA guidance. The

projections in Table A show that future

CO emissions are not expected to

exceed the level of emissions in the base

year after the benefits of the Federal

Motor Vehicle Control Program,

reformulated gasoline and pre-1990

basic I/M program are taken into

consideration. It should be noted that

the NJDEP demonstrated that Camden

County and the nine not-classified areas

will maintain the CO standard without

the need for an oxygenated fuels

program.

As a result of this projection, New

Jersey took into account the effects of

growth due to economic activities and

population on stationary and offhighway sources.

C. Monitoring Network

New Jersey has committed to continue

to operate its existing air monitoring

network and quality assurance program

in accordance with 40 CFR part 58 to

ensure the development of complete

and accurate emission inventory and air

monitoring data.

D. Verification of Continued Attainment

Continued attainment of the CO

NAAQS in Camden County and the nine

not-classified areas depends, in part, on

the State’s efforts toward tracking

indicators of continued attainment

during the maintenance period. The

State has also committed to submit

periodic inventories of CO emissions

every three years beginning in 1996 and

continuing at least through 2007.

E. Contingency Plan

The level of CO emissions in Camden

County and the nine not-classified areas

will largely determine their ability to

stay in compliance with the CO NAAQS

in the future. Despite the State’s best

efforts to demonstrate continued

compliance with the NAAQS, the

ambient air pollutant concentrations

may exceed or violate the NAAQS based

upon some unforeseeable condition. In

order to meet this challenge, the CAA

requires states to develop contingency

measures to offset these conditions.

New Jersey will be using an enhanced

I/M program as its contingency measure.

New Jersey is implementing enhanced

I/M to meet other requirements of the

CAA and it has the additional benefit of

reducing CO emissions. However, New

Jersey will not wait for a triggering

mechanism before implementing this

measure. Instead, the State will

implement this program as quickly as is

practicable. Operation of this program is

expected to begin in 1996.

5. Meeting Applicable Requirements of

Section 110 and Part D

In section III.2. of this notice EPA sets

forth the basis for its conclusion that

New Jersey has a fully approved SIP

which meets the applicable

requirements of section 110 and Part D

of the CAA. EPA notes that section 110

also requires that states include in their

SIPs, where applicable, oxygenated

gasoline programs. EPA has concluded

that Camden County is no longer

required to have an oxygenated gasoline

program in the applicable SIP because

the entire Philadelphia-WilmingtonTrenton CMSA is in fact attaining the

CO NAAQS. In addition, for

redesignation purposes, an oxygenated

gasoline program does not have to be a

part of the applicable SIP for the nine

not classified nonattainment areas.

Camden County

The Camden County low moderate

nonattainment area had a CO design

value greater than 9.5 parts per million

at the time of the enactment of the Clean

Air Act Amendments of 1990 and thus

was originally required to have an

oxygenated gasoline program by

November 1, 1992 as a part of the SIP

for this area. In this notice, however,

EPA is finding that the entire

Philadelphia-Camden nonattainment

area is currently attaining the CO

NAAQS (See section III.1). Under a new

interpretation of section 211(m)(6)

discussed in this section, once EPA

determines that a CO nonattainment

area is actually attaining the CO NAAQS

and that the area demonstrates it does

not need oxygenated gasoline to

maintain the NAAQS, section 211(m) no

longer requires the submittal of a SIP

revision for the area embodying an

oxygenated gasoline program so long as

the area continues to maintain the

standard. Thus, because EPA finds that

the Philadelphia-Camden

nonattainment area is actually attaining

the NAAQS and that Camden County

has demonstrated that it does not need

oxygenated gasoline for maintenance,

Camden County is no longer required to

have an oxygenated gasoline program in

the applicable SIP. As a consequence,

Camden County may be redesignated

notwithstanding the lack of a section

211(m) oxygenated gasoline program

since such a program is not an

applicable requirement for purposes of

evaluating the redesignation request for

Camden County pursuant to section

107(d)(3)(E).

In this notice, EPA is refining its

previous interpretation of when section

211(m) requires a state to include an

oxygenated gasoline program in its SIP.

Section 211(m)(1) requires states with

nonattainment areas with a design value

of at least 9.5 ppm to submit a SIP

revision containing oxygenated gasoline

requirements. Section 211(m)(6),

however, states: ‘‘Nothing in this

subsection shall be interpreted as

requiring an oxygenated gasoline

program in an area which is in

attainment for CO, except that in a CO

area which is redesignated as attainment

for CO, the requirements of this

subsection shall remain in effect to the

extent such program is necessary to

maintain such standard * * *’’

(emphasis added).

Previously, EPA has looked to an

area’s designation as nonattainment to

determine whether oxygenated gasoline

is required. However, section 211(m)(6)

refers specifically to an area ‘‘which is

in attainment,’’ not to one which is

designated attainment. EPA interprets

this language to mean that as soon as

EPA determines that an entire

nonattainment area is actually in

attainment, even prior to redesignation,

section 211(m) no longer requires an

oxygenated gasoline program for that

area.

This interpretation is based on the

plain language of the statute and is

supported by the general CAA structure

for applying provisions for SIP

requirements to nonattainment areas.

Section 211(m)(6) provides that nothing

in section 211(m) is to be interpreted as

requiring an oxygenated gasoline

program in an area that is ‘‘in

attainment;’’ it does not state that

nothing in section 211(m) is to be

interpreted as requiring an oxygenated

gasoline program in an area ‘‘designated

attainment.’’ The two issues are distinct,

however. Whether an area is ‘‘in

attainment’’ depends solely on a

determination of whether an area is

attaining the NAAQS (a determination

based on the air quality of the area),

whereas an area’s designation as

attainment or nonattainment depends

on other factors as well as its own air

quality. [See section 107(d)(1) and

(d)(3)(E).] Congress has drawn

distinctions between the issue of

whether an area has attained the

standard and its designation as

attainment. [See, e.g., section

107(d)(3)(E) (attainment of the standard

is one of several criteria for being

redesignated attainment); section 182(f)

(NOX RACT requirements may be

waived for nonattainment areas if it is
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62745

determined that NOX reductions would

not contribute to attainment of the

standard).]

Moreover, this interpretation is a

reasonable reading that gives section

211(m)(6) legal effect. Section 175A

states that nonattainment area

requirements continue in force and

effect until an area is redesignated to

attainment; by implication, once the

area is redesignated, the requirements

no longer apply except as needed for

maintenance or as contingency

measures. Section 211(m)(6) would be a

redundant restatement of this principle

if it meant only that redesignated areas

were no longer subject to oxygenated

gasoline requirements. Furthermore,

EPA notes that provisions such as

section 211(m)(6) are not reflected in

other nonattainment area provisions,

such as the inspection/maintenance

requirements, further supporting EPA’s

interpretation.

The effects of this interpretation of

section 211(m) are limited in several

respects. Where a state that is in fact

attaining the CO NAAQS has an

oxygenated gasoline program as part of

an approved SIP, the program would

remain in the SIP; section 211(m)(6)

only would allow the state to submit a

SIP revision to remove the program, and

then only if it is not needed for

maintenance and its removal complied

with section 110(l). Also, the entire

nonattainment area must be actually

achieving the CO NAAQS before

oxygenated gasoline would not be

required for any portion of the MSA or

CMSA in which an area is located.

Furthermore, unless the area is

redesignated to attainment, the

oxygenated gasoline program

requirement would again become

effective upon a subsequent violation of

the standard. In addition, as this

interpretation is based on the language

of section 211(m)(6), it does not extend

beyond the oxygenated gasoline

requirements to other CAA SIP

requirements.

The Nine Not Classified Areas

For various reasons, none of the nine

not-classified nonattainment areas being

redesignated to attainment in today’s

notice are required to have an

oxygenated gasoline program in their

approved SIP in order to be

redesignated. None of the areas had a

CO design value of 9.5 parts per million

or greater and, therefore, none of the

nine areas would have been required to

have an oxygenated gasoline program.

However, oxygenated gasoline programs

had been required in eight of these nine

areas because they are located in a

CMSA containing a moderate CO

nonattainment area in which section

211(m) required a program. The ninth

area, Atlantic City, was and is not

required to have an oxygenated fuel

program in its SIP nor is it a part of a

CMSA where the program is required.

Three of the not-classified areas, the

City of Trenton, the City of Burlington

and the Borough of Penns Grove (part),

are located within the PhiladelphiaWilmington-Trenton CMSA. While

these areas had once been required to

have an oxygenated gasoline program

due to their location in the same CMSA

as the Camden Area, as the Camden

Area is no longer required to have a

program, they are also no longer

required to have a program.

EPA is proceeding with the

redesignation of the remaining five notclassified nonattainment areas in the

NY-NJ-LI CMSA notwithstanding the

lack of an approved SIP requiring the

sale of oxygenated fuels in these five

areas. These areas are, the Borough of

Freehold, the City of Morristown, the

City of Perth Amboy, the City of Toms

River and the Borough of Somerville.

EPA believes that these five areas satisfy

the requirement of section 107(d)(3)(E)

of the CAA in that they have a fullyapproved SIP meeting all of the section

110 and Part D requirements applicable

to the area. The reasons for this view are

based on a combination of factors.

The requirements of section 211(m)

concerning the sale of oxygenated

gasoline in the NY-NJ-LI CMSA do not

apply to the five not-classified areas by

virtue of their own classification,

designation or design value. Rather,

oxygenated fuel is required to be sold in

these areas because they are located

within a CMSA containing a moderate

CO nonattainment area with a design

value of greater than 9.5 parts per

million.

The requirements concerning the sale

of oxygenated fuels in areas that are

located within a CMSA in which a CO

nonattainment area with a design value

of 9.5 parts per million or greater exist

regardless of the designation or

classification of those areas as

attainment, nonattainment or notclassified. Thus, the applicability of the

requirements concerning the sale of

oxygenated fuels in the five notclassified areas will not be affected by

the redesignation of those areas to

attainment. Furthermore, the State of

New Jersey remains subject to a

requirement to submit a SIP revision

requiring the sale of oxygenated fuel in

the New Jersey portion of the NY-NJ-LI

CMSA because nonattaining areas of the

CMSA remain subject to the section

211(m) requirements.

For purposes of applying the

provisions of section 107(d)(3)(E)

concerning requirements applicable to

an area seeking redesignation, EPA

believes it reasonable and appropriate to

view the oxygenated fuel requirements

of section 211(m) as applying only to an

area within a CMSA whose design value

triggered the applicability of the

program, but not to the peripheral areas

within the same CMSA that are

subjected to the program by virtue of

their location within that CMSA.

Nonetheless, the redesignation to

attainment of the five not-classified

areas located in the NY-NJ-LI CMSA

will not remove the mandate that the

State is required to submit a SIP

revision to implement an oxygenated

fuel program throughout the CMSA.

IV. Final Action

EPA is approving the Camden County

and nine not-classified CO maintenance

plans because they meet the

requirements set forth in section 175A

of the CAA. In addition, the Agency is

approving the requests for redesignating

Camden County and the nine notclassified areas to attainment, because

the State has demonstrated compliance

with the requirements of section

107(d)(3)(E) for redesignation. EPA is

also approving New Jersey’s 1990 base

year CO emissions inventory and

contingency measures.

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.

EPA is publishing this rule without

prior proposal because EPA views this

as a noncontroversial amendment and

anticipates no adverse comments.

However, in a separate document in this

Federal Register publication, the EPA is

proposing to approve the SIP revision

should adverse or critical comments be

filed. Thus, this direct final action will

be effective February 5, 1996 unless, by

January 8, 1996, adverse or critical

comments are received.

If the EPA receives such comments,

this rule will be withdrawn before the

effective date by publishing a

subsequent notice that will withdraw

the final action. All public comments

received will then be addressed in a

subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

rule should do so at this time. If no
62746 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

adverse comments are received, the

public is advised that this rule will be

effective in 60 days. [See 47 FR 27073

and 59 FR 24059.]

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, I

certify that it does not have a significant

impact on any small entities affected.

Moveover, due to the nature of the

federal-state relationship under the

CAA, preparation of a regulatory

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. US EPA, 427 US

246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a federal mandate that may

result in estimated annual costs of $100

million or more to the private sector, or

to state, local, or tribal governments in

the aggregate.

Through submission of this state

implementation plan or plan revision,

the state and any affected local or tribal

governments have elected to adopt the

program provided for under sections

110 and 187 of the CAA. These rules

may bind state, local and tribal

governments to perform certain actions

and also require the private sector to

perform certain duties. To the extent

that the rules being approved by this

action would impose any mandate upon

the state, local or tribal governments

either as the owner or operator of a

source or as a regulator, or would

impose any mandate upon the private

sector, EPA’s action will impose no new

requirements; such sources are already

subject to these regulations under state

law. Accordingly, no additional costs to

state, local, or tribal governments, or to

the private sector, result from this

action. EPA has also determined that

this direct final action does not include

a mandate that may result in estimated

annual costs of $100 million or more to

state, local, or tribal governments in the

aggregate or to the private sector.

Under 5 U.S.C. 605(b), I certify that

redesignations do not have a significant

economic impact on a substantial

number of small entities. [See 46 FR

8709.]

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.

Under section 307(b)(l) of the CAA,

petitions for judicial review of this rule

must be filed in the United States Court

of Appeals for the appropriate circuit

within 60 days from date of publication.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed and

shall not postpone the effectiveness of

such rule or action. This rule may not

be challenged later in proceedings to

enforce its requirements. [See 307(b)(2).]

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations.

40 CFR Part 81

Air pollution control, National parks,

and Wilderness areas.

Dated: October 24, 1995.

William J. Muszynski,

Deputy Regional Administrator.

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 52.1570 is amended by

adding paragraph (c)(57) to read as

follows:

§ 52.1570 Identification of plan.

* * * * *

(c) * * *

(57) The redesignation and

maintenance plan for Camden County

and the Nine not-classified areas (the

City of Trenton, the City of Burlington,

the Borough of Penns Grove (part), the

Borough of Freehold, the City of

Morristown, the City of Perth Amboy,

the City of Toms River, the Borough of

Somerville, and the City of Atlantic

City) submitted by the New Jersey

Department of Environmental Protection

on September 28, 1995, as part of the

New Jersey SIP. The 1990 Baseline CO

Emission Inventory for the State of New

Jersey was submitted on November 15,

1992 and a Technical Update was

submitted on November 21, 1994.

(i) Incorporation by reference.

(A) ‘‘New Jersey Carbon Monoxide

State Implementation Plan

Redesignation And Maintenance Plan

For Camden County,’’ section 5.f,

effective date September 28, 1995.

(B) ‘‘New Jersey Carbon Monoxide

State Implementation Plan

Redesignation and Maintenance Plan for

the Nine Not-Classified Nonattainment

Areas,’’ section 5.f, effective date

September 28, 1995.

(ii) Additional material.

(A) ‘‘New Jersey Carbon Monoxide

State Implementation Plan

Redesignation And Maintenance Plan

For Camden County’’ with appendices,

September 28, 1995.

(B) ‘‘New Jersey Carbon Monoxide

State Implementation Plan

Redesignation and Maintenance Plan for

the Nine Not-Classified Nonattainment

Areas’’ with appendices, September 28,

1995.

3. Section 52.1582 is amended by

redesignating paragraph (d) to (d)(1) and

adding new paragraph (d)(2) to read as

follows:

§ 52.1582 Control strategy and

regulations: Ozone (volatile organic

substances) and carbon monoxide.

* * * * *

(d) * * *

(d)(2) The base year carbon monoxide

emission inventory requirement of

section 187(a)(1) of the 1990 Clean Air

Act Amendments has been satisfied for

the entire State. The inventory was

submitted on November 15, 1992 and

amended on September 28, 1995 by the

New Jersey Department of

Environmental Protection as a revision

to the carbon monoxide State

Implementation Plan.
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62747

PART 81—[AMENDED]

Subpart C—Section 107 Attainment

Status Designations

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In § 81.331, the table for ‘‘New

Jersey-Carbon Monoxide’’ is amended

by revising the entry for Camden County

to read as follows:

§ 81.331 New Jersey.

* * * * *

NEW JERSEY—CARBON MONOXIDE

Designated area

Designation Classification

Date1 Type Date1 Type

Atlantic City Area:

Atlantic County (part) The City of Atlantic City ................................. February 5, 1996 Attainment. ....................

Burlington Area:

Burlington County (part) City of Burlington ....................................... February 5, 1996 Attainment. ....................

Freehold Area:

Monmouth County (part) Borough of Freehold ................................. February 5, 1996 Attainment. ....................

Morristown Area:

Morris County (part) City of Morristown ............................................ February 5, 1996 Attainment. ....................

New York-N. New Jersey-Long Island Area:

Bergen County ................................................................................... ............................. Nonattainment .................... Moderate >

12.7ppm.

Essex County ..................................................................................... ............................. Nonattainment .................... Moderate >

12.7ppm.

Hudson County .................................................................................. ............................. Nonattainment .................... Moderate >

12.7ppm.

Passaic County (part):

City of Clifton .............................................................................. ............................. Nonattainment .................... Moderate >

12.7ppm.

City of Patterson ......................................................................... ............................. Nonattainment .................... Moderate >

12.7ppm.

City of Passaic ............................................................................ ............................. Nonattainment .................... Moderate >

12.7ppm.

Union County .............................................................................. ............................. Nonattainment .................... Moderate >

12.7ppm.

Penns Grove Area:

Salem County (part) Borough of Penns Grove. Those portions

within 100 yards of the intersections of U.S. Route 130 and

County Roads 675 & 607.

February 5, 1996 Attainment. ....................

Perth Amboy Area:

Middlesex County (part) City of Perth Amboy ................................... February 5, 1996 Attainment. ....................

Philadelphia-Camden County Area:

Camden County ................................................................................. February 5, 1996 Attainment. ....................

Somerville Area:

Somerset County (part) Borough of Somerville ................................ February 5, 1996 Attainment. ....................

Toms River Area:

Ocean County (part) City of Toms River ........................................... February 5, 1996 Attainment. ....................

Trenton Area:

Mercer County (part) City of Trenton ................................................ February 5, 1996 Attainment. ....................

AQCR 043 NJ NY Connecticut Interstate (Remainder of) ....................... ............................. Unclassifiable/

Attainment..

....................

Middlesex County (part) area outside of Perth Amboy.

Monmouth County (part) area outside of Freehold.

Morris County (part) area outside of Morristown.

Passaic County (part) area outside Clifton, Patterson, and Passaic.

Somerset County (part) area outside of Somerville.

AQCR 045 Metro. Philadelphia Interstate (Remainder of) ....................... ............................. Unclassifiable/

Attainment.

....................

Burlington County (part) Area outside Burlington.

Gloucester County.

Mercer County (part) Area outside Trenton.

Salem County (part) Area outside Penns Grove Area.

AQCR 150 New Jersey Intrastate ............................................................ ............................. Unclassifiable/

Attainment.

....................

Atlantic County (part) Area outside Atlantic City.

Cape May County.

Cumberland County.

Ocean County (part) Area outside Toms River.

AQCR 151 NE PA—Upper Delaware Valley ............................................ ............................. Unclassifiable/

Attainment.

....................

Hunterdon County.

Sussex County.
62748 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

NEW JERSEY—CARBON MONOXIDE—Continued

Designated area

Designation Classification

Date1 Type Date1 Type

Warren County.

1This date is November 15, 1990, unless otherwise noted.

[FR Doc. 95–29818 Filed 12–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[FL63–1–7143a; FRL–5340–7]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Florida Change in

National Policy Regarding Applicability

of Conformity Requirements to

Redesignation Requests

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On February 7, 1995, the State

of Florida, through the Florida

Department of Environmental Protection

(FDEP), submitted a maintenance plan

and a request to redesignate the Tampa

area from marginal nonattainment to

attainment for ozone (O3). The Tampa

O3 nonattainment area consists of

Hillsborough and Pinellas Counties.

Under the Clean Air Act as amended in

1990 (CAA), designations can be revised

if sufficient data are available to warrant

such revisions and the CAA

redesignation requirements are satisfied.

In this action, EPA is approving

Florida’s request because it meets the

maintenance plan and redesignation

requirements set forth in the CAA, and

EPA is also approving the 1990 base

year emission inventory for the Tampa

area.

DATES: This action will be effective

February 5, 1996, unless adverse or

critical comments are received by

January 8, 1996. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Joey

LeVasseur, at the EPA Regional Office

listed below.

Copies of the documents relative to

this action 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.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia

30365.

Florida Department of Environmental

Regulation, Twin Towers Office

Building, 2600 Blair Stone Road,

Tallahassee, Florida 32399–2400.

Hillsborough County Environmental

Protection Commission, 1410 North

21st Street, Tampa, Florida 33605.

Pinellas County Department of

Environmental Management, Division

of Air Quality, 300 S. Garden Avenue,

Clearwater, Florida 34616.

FOR FURTHER INFORMATION CONTACT: Joey

LeVasseur, Regulatory Planning and

Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia

30365. The telephone number is 404/

347–3555 ext.4215. Reference file FL63–

1–7143a.

SUPPLEMENTARY INFORMATION: The Clean

Air Act, as amended in 1977 (1977 Act)

required areas that were designated

nonattainment based on a failure to

meet the O3 national ambient air quality

standard (NAAQS) to develop SIPs with

sufficient control measures to

expeditiously attain and maintain the

standard. The Tampa-St. PetersburgClearwater area (Tampa), comprised of

Hillsborough and Pinellas Counties, was

designated under section 107 of the

1977 Act as nonattainment with respect

to the O3 NAAQS on March 3, 1978. [43

FR 8964, 40 CFR 81.310] In accordance

with section 110 of the 1977 Act, the

State submitted a part D O3 SIP on April

30, 1979, which was supplemented on

August 27, 1979, and January 23, 1980,

which EPA conditionally approved on

March 18, 1980, and fully approved on

May 14, 1981, as meeting the

requirements of section 110 and part D

of the 1977 Act.

On November 15, 1990, the CAA

Amendments of 1990 were enacted

(1990 Amendments). [Pub. L. 101–549,

104 Stat. 2399, codified at 42 U.S.C.

7401–7671q] The nonattainment

designation of Tampa was continued by

operation of law pursuant to section

107(d)(1)(C)(i) of the 1990 Amendments.

Furthermore, it was classified as

marginal for O3 according to section

181(a)(1). (See 56 FR 56694 (Nov. 6,

1991) and 57 FR 56762 (Nov. 30, 1992),

codified at 40 CFR 81.310).

Tampa more recently has ambient

monitoring data that show no violations

of the O3 NAAQS, during the period

1990 through 1994. In addition, there

have been no exceedances reported for

the 1995 O3 season. Therefore, in an

effort to comply with the 1990

Amendments and to ensure continued

attainment of the NAAQS, Florida

submitted an O3 maintenance SIP for

the Tampa area on February 7, 1995,

and also requested redesignation of the

area to attainment with respect to the O3

NAAQS.

The 1990 Amendments revised

section 107(d)(1)(E) to provide five

specific requirements that an area must

meet in order to be redesignated from

nonattainment to attainment.

1. The area must have attained the

applicable NAAQS;

2. The area must meet all relevant

requirements under section 110 and part

D of the CAA;

3. The area must have a fully

approved SIP under section 110(k) of

the CAA;

4. The air quality improvement must

be permanent and enforceable; and

5. The area must have a fully

approved maintenance plan pursuant to

section 175A of the CAA.

The Florida redesignation request for

the Tampa area meets the five

requirements of section 107(d)(3)(E),

noted above. The following is a brief

description of how the State has

fulfilled each of these requirements.

Because the maintenance plan is a

critical element of the redesignation

request, EPA will discuss its evaluation

of the maintenance plan under its

analysis of the redesignation request.

1. Attainment of the O3 NAAQS

The Florida request is based on an

analysis of quality assured O3 air quality

data which is relevant to the

maintenance plan and to the

redesignation request. The ambient O3

data for the calendar years 1990 through