[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62741-62748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29818]



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ENVIRONMENTAL PROTECTION AGENCY
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.

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SUMMARY: On June 9, 1995, the New Jersey Department of Environmental 
Protection (NJDEP) submitted requests to redesignate the Camden County 
nonattainment area and nine not-classified 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, 

[[Page 62742]]
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 
not-classified 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 ``not-classified'' 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 not-classified 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 
not-classified 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 

[[Page 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     
------------------------------------------------------------------------
                                                                  2007  
                                                    1990 Base  Projected
                                                     year CO       CO   
                Nonattainment Area                   emission   emission
                                                    inventory  inventory
                                                    (tons per  (tons per
                                                       day)       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     
------------------------------------------------------------------------
                                                               1990 Base
                                                                year CO 
                                                                emission
                      Nonattainment area                       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 pre-1990 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 

[[Page 62744]]
about economic and vehicle miles travelled growth.
B. Demonstration of Maintenance-Projected 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 off-highway 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-Wilmington-Trenton 
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) (NO<INF>X RACT requirements may be waived for 
nonattainment areas if it is 

[[Page 62745]]
determined that NO<INF>X 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 Philadelphia-Wilmington-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 not-
classified 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 
fully-approved 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 not-classified. Thus, the applicability of the 
requirements concerning the sale of oxygenated fuels in the five not-
classified 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 not-classified 
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 

[[Page 62746]]
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:


Sec. 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:


Sec. 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. 

[[Page 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 Sec. 81.331, the table for ``New Jersey-Carbon Monoxide'' is 
amended by revising the entry for Camden County to read as follows:


Sec. 81.331  New Jersey.

* * * * *

                                           New Jersey--Carbon Monoxide                                          
----------------------------------------------------------------------------------------------------------------
                                                Designation                             Classification          
       Designated area        ----------------------------------------------------------------------------------
                                       Date\1\                  Type            Date\1\             Type        
----------------------------------------------------------------------------------------------------------------
Atlantic City Area:                                                                                             
    Atlantic County (part)     February 5, 1996......  Attainment.            ...........  .....................
     The City of Atlantic                                                                                       
     City.                                                                                                      
Burlington Area:                                                                                                
    Burlington County (part)   February 5, 1996......  Attainment.            ...........  .....................
     City of Burlington.                                                                                        
Freehold Area:                                                                                                  
    Monmouth County (part)     February 5, 1996......  Attainment.            ...........  .....................
     Borough of Freehold.                                                                                       
Morristown Area:                                                                                                
    Morris County (part) City  February 5, 1996......  Attainment.            ...........  .....................
     of Morristown.                                                                                             
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)        February 5, 1996......  Attainment.            ...........  .....................
     Borough of Penns Grove.                                                                                    
     Those portions within                                                                                      
     100 yards of the                                                                                           
     intersections of U.S.                                                                                      
     Route 130 and County                                                                                       
     Roads 675 & 607.                                                                                           
Perth Amboy Area:                                                                                               
    Middlesex County (part)    February 5, 1996......  Attainment.            ...........  .....................
     City of Perth Amboy.                                                                                       
Philadelphia-Camden County                                                                                      
 Area:                                                                                                          
    Camden County............  February 5, 1996......  Attainment.            ...........  .....................
Somerville Area:                                                                                                
    Somerset County (part)     February 5, 1996......  Attainment.            ...........  .....................
     Borough of Somerville.                                                                                     
Toms River Area:                                                                                                
    Ocean County (part) City   February 5, 1996......  Attainment.            ...........  .....................
     of Toms River.                                                                                             
Trenton Area:                                                                                                   
    Mercer County (part) City  February 5, 1996......  Attainment.            ...........  .....................
     of Trenton.                                                                                                
AQCR 043 NJ NY Connecticut     ......................  Unclassifiable/        ...........  .....................
 Interstate (Remainder of).                             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   ......................  Unclassifiable/        ...........  .....................
 Interstate (Remainder of).                             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            ......................  Unclassifiable/        ...........  .....................
 Intrastate.                                            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          ......................  Unclassifiable/        ...........  .....................
 Delaware Valley.                                       Attainment.                                             
    Hunterdon County.........                                                                                   
    Sussex County ...........                                                                                   

[[Page 62748]]
                                                                                                                
    Warren County ...........                                                                                   
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      


[FR Doc. 95-29818 Filed 12-6-95; 8:45 am]
BILLING CODE 6560-50-P