Approval and Promulgation of Implementation Plans; Carbon Monoxide Maintenance Plan, Conformity Budgets, Emissions Inventories; State of New Jersey, 38770-38772 [E6-10743]
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38770
Federal Register / Vol. 71, No. 131 / Monday, July 10, 2006 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
D. Announcement of Registration
1. Registration by the Department of
Defense upon annual applications of insurers
shall be announced as soon as practicable by
notice to each applicant and by a list released
annually in September to the appropriate
overseas Combatant Commanders. Approval
does not constitute DoD endorsement of the
insurer or its products. Any advertising by
insurers or verbal representation by its
agents, which suggests such endorsement, is
prohibited.
2. In the event registration is denied,
specific reasons for the denial shall be
provided to the applicant.
a. The insurer shall have 30 days from the
receipt of notification of denial of registration
(sent certified mail, return receipt requested)
in which to request reconsideration of the
original decision. This request must be in
writing and accompanied by substantiating
data or information in rebuttal of the specific
reasons upon which the denial was based.
b. Action by the Office of the PDUSD(P&R)
on a request for reconsideration is final.
c. An applicant that is presently registered
as an insurer shall have 90 calendar days
from final action denying registration in
which to close operations.
3. Upon receiving an annual letter
approving registration, each company shall
send to the applicable overseas Combatant
Commander a verified list of agents currently
registered for overseas solicitation. Where
applicable, the company shall also include
the names and prior military affiliation of
new agents for whom original registration
and permission to solicit on base is
requested. Insurers initially registered shall
be furnished instructions by the Department
of Defense for agent registration procedures
in overseas areas.
4. Material changes affecting the corporate
status and financial condition of the
company that occur during the fiscal year of
registration must be reported to the MWR
Policy Directorate at the address in paragraph
B.2. of this appendix as they occur.
a. The Office of the PDUSD(P&R) reserves
the right to terminate registration if such
material changes appear to substantially
affect the financial and operational standards
described in section A of this appendix on
which registration was based.
b. Failure to report such material changes
may result in termination of registration
regardless of how it affects the standards.
5. If an analysis of information furnished
by the company indicates that unfavorable
trends are developing that could adversely
affect its future operations, the Office of the
PDUSD(P&R) may, at its option, bring such
matters to the attention of the company and
request a statement as to what action, if any,
is considered to deal with such unfavorable
trends.
jlentini on PROD1PC65 with RULES
determine justifiable prejudice. Indebtedness
of an agent to a previous employer is an
example of justifiable prejudice.
40 CFR Part 52
Dated: June 27, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, DoD.
[FR Doc. E6–10360 Filed 7–7–06; 8:45 am]
BILLING CODE 5001–06–P
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[Docket No. EPA–R02–OAR–2006–0342;
FRL–8191–2]
Approval and Promulgation of
Implementation Plans; Carbon
Monoxide Maintenance Plan,
Conformity Budgets, Emissions
Inventories; State of New Jersey
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New Jersey.
This revision establishes an updated
ten-year carbon monoxide (CO)
maintenance plan for the Nine NotClassified Areas in the State (the City of
Atlantic City, the City of Burlington, the
Borough of Freehold, the Town of
Morristown, the Borough of Penns
Grove, the City of Perth Amboy, the
Borough of Somerville, the Toms River
Area, and the City of Trenton) and
Camden County. In addition, this action
approves revisions to the CO, NOX,
VOC, and PM2.5 motor vehicle emissions
budgets for Northern New Jersey.
Finally, this notice approves revisions
to the general conformity budget for
McGuire Air Force Base and the 2002
ozone, PM2.5, and CO base year
emissions inventories, where
applicable.
The Nine Not Classified Areas and
Camden County were redesignated to
attainment of the CO National Ambient
Air Quality Standard (NAAQS) on
February 5, 1996 and maintenance plans
were also approved at that time. By this
action, EPA is approving the New Jersey
Department of Environmental
Protection’s (New Jersey) second
maintenance plans for these areas
because they provide for continued
attainment of the CO NAAQS for an
additional ten years. The intended effect
of this rulemaking is to approve a SIP
revision that will insure continued
maintenance of the CO NAAQS.
EFFECTIVE DATE: This rule will be
effective July 10, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2006–0342. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
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Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the
Environmental Protection Agency,
Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York,
New York 10007–1866. Copies of the
State submittal are available at the 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:
Henry Feingersh
feingersh.henry@epa.gov for general
questions, Raymond Forde
forde.raymond@epa.gov for emissions
inventory questions, or Matthew Laurita
laurita.matthew@epa.gov for mobile
source related questions at the U.S.
Environmental Protection Agency, Air
Programs Branch, 290 Broadway, 25th
Floor, New York, NY 10007–1866,
telephone number (212) 637–4249, fax
number (212) 637–3901.
SUPPLEMENTARY INFORMATION:
I. What Was Included in New Jersey’s
Submittal?
On February 21, 2006, New Jersey
submitted a SIP revision to EPA which
included a CO limited maintenance
plan, revisions to the CO, NOX, and
VOC motor vehicle emissions budgets
for northern New Jersey, PM2.5 motor
vehicle emissions budgets for northern
New Jersey, revisions to the general
conformity budget for McGuire Air
Force Base, and the 2002 ozone, PM2.5,
and CO base year emissions inventories,
where applicable. When they made the
submittal, New Jersey had requested
that EPA parallel process their SIP
revision. New Jersey held a public
hearing on March 31, 2006 on their
proposed SIP revision and accepted
written comments until April 7, 2006.
New Jersey addressed all of the
comments and made a subsequent
adopted submittal on May 18, 2006.
II. What Were the Changes From the
February 21, 2006 Submittal?
The May 18, 2006 submittal had
minor changes from the original
submittal as a result of comments
received by New Jersey during the state
rulemaking process. The May 18, 2006
submittal contained additional
information and clarifications which
acted to strengthen the original
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submittal which EPA proposed to
approve on May 9, 2006. EPA evaluated
the changes and has decided that they
are non-substantive changes. That is, the
changes do not effect our earlier
proposal to approve the SIP revision.
III. What Comments Did EPA Receive
in Response to the May 9, 2006 EPA
Proposal?
EPA proposed approval on the New
Jersey SIP revision on May 9, 2006 (71
FR 26895). The comment period closed
on June 8, 2006. EPA did not receive
any comments.
IV. What Is the Adequacy Status of the
CO Limited Maintenance Plan for
Camden County and the Nine Not
Classified Areas?
Section 118(e) of the transportation
conformity rule (40 CFR 93) states that
a conformity determination cannot be
made using submitted motor vehicle
emission budgets (‘‘budgets’’) until EPA
makes a positive determination that the
submitted budgets are adequate. In
accordance with our rule, the limited
maintenance plan for Camden County
and the Nine Not Classified Areas was
posted for adequacy review on April 18,
2006 on EPA’s conformity Web site:
https://www.epa.gov/otaq/
stateresources/transconf/adequacy.htm.
As a general rule, however, limited
maintenance plans, such as the
maintenance plan for Camden County
and the Nine Not Classified Areas, do
not include budgets. Instead, for those
areas that qualify under our limited
maintenance plan policy for CO, we
have concluded that the area will
continue to maintain the CO NAAQS
regardless of the quantity of emissions
from the on-road transportation sector,
and thus there is no need to cap
emissions from the on-road
transportation sector for the
maintenance period.
Therefore, EPA’s adequacy review of
the limited maintenance plan for
Camden County and the Nine Not
Classified Areas primarily focuses on
whether the area qualifies for the
applicable limited maintenance plan
policy for CO. From our review, EPA
has concluded that Camden County and
the Nine Not Classified Areas meet the
criteria for a limited maintenance plan,
and therefore, finds the maintenance
plan for Camden County and the Nine
Not Classified Areas adequate for
conformity purposes under our limited
maintenance plan policy.
V. What Is EPA’s Conclusion?
EPA had proposed approval of New
Jersey’s request in 71 FR 26895. The
reader is referred back to that proposal
notice for additional detail on this
action. Since EPA did not receive any
comments and the New Jersey responses
to the comments they had received
clarify and strengthen the SIP revision,
EPA is approving the New Jersey SIP
request in this action. Tables 1 and 2
present summaries of the motor vehicle
emissions budgets being approved in
this notice. Table 3 presents the
approved general conformity budgets for
McGuire Air Force Base.
TABLE 1.—APPROVED NOX, VOC, AND CO MOTOR VEHICLE EMISSIONS BUDGETS FOR THE NORTH JERSEY
TRANSPORTATION PLANNING AUTHORITY
[Tons/day]
Year
NOX 1
VOC 1
CO 2
2005 .....................................................................................................................................................................
2007 .....................................................................................................................................................................
2014 .....................................................................................................................................................................
327.83
256.58
................
146.33
122.53
................
................
1150
899
1 Covers
2 Covers
Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, and Union Counties.
Bergen, Essex, Hudson, Passaic, and Union Counties.
EPA has determined that today’s rule
TABLE 3.—APPROVED 2005 1
MCGUIRE AIR FORCE BASE GEN- falls under the ‘‘good cause’’ exemption
ERAL
CONFORMITY
EMISSIONS in section 553(d)(3) of the
Administrative Procedures Act (APA)
BUDGETS
TABLE 2.—APPROVED 2009 PM2.5
MOTOR VEHICLE EMISSIONS BUDGETS
[Tons/year]
Metropolitan Planning
Organization
North Jersey Transportation Planning
Authority 1 ..............
Delaware Valley Regional Planning
Commission 2 ........
Direct
PM2.5
VOC
1,207
61,676
89
1 Covers
4,328
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Bergen, Essex, Hudson, Middlesex, Monmouth, Morris, Passaic, Somerset,
and Union Counties.
2 Covers Mercer County only.
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[Tons/year]
NOX
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NOX
730 ....................................................
1,534
1 2005 budgets updated such that the increase in NOX is offset by a decrease in VOC,
resulting in no expected net increase in ozone
formation.
EPA is also determining that the CO
maintenance plan for Camden County
and the Nine Not Classified Areas is
adequate for transportation conformity
purposes under the limited maintenance
plan policy for CO. This adequacy
finding is effective July 10, 2006. EPA
previously announced the adequacy of
the PM2.5 motor vehicle emissions
budgets in the Federal Register (71 FR
33305).
Lastly, EPA is approving the 2002
ozone, PM2.5, and CO base year
emissions inventories, where
applicable.
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which, upon finding ‘‘good cause,’’
allows an agency to make a rule
effective immediately (thereby avoiding
the 30-day delayed effective date
otherwise provided for in the APA).
Making today’s rule effective upon
publication benefits the public by
allowing the most recently approved
conformity budgets developed by the
State to be used in determining
conformity.
VI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
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Federal Register / Vol. 71, No. 131 / Monday, July 10, 2006 / Rules and Regulations
state law as meeting federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Act. This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Act. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Act. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 8, 2006. 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, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds, Nitrogen oxides,
Sulfur dioxide.
Dated: June 27, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. Section 52.1581 is amended by
revising paragraph (d) and adding
paragraph (e) to read as follows:
I
budgets for Camden County and the
Nine Not Classified Areas included in
New Jersey’s May 21, 2004 SIP revision
are approved.
(e)(1) Approval—The May 18, 2006
revision to the carbon monoxide
maintenance plan for Camden County
and the Nine Not Classified Areas. This
revision contains a second ten-year
maintenance plan that demonstrates
continued attainment of the National
Ambient Air Quality Standard for
carbon monoxide through the year 2017.
(2) The 2007 and 2014 carbon
monoxide conformity emission budgets
for five counties in the New York/
Northern New Jersey/Long Island
carbon monoxide maintenance area
included in New Jersey’s May 18, 2006
SIP revision are approved.
3. Section 52.1582 is amended by
revising paragraph (i)(2), removing and
reserving paragraph (i)(3) and adding
new paragraph (k) to read as follows:
I
§ 52.1582 Control Strategy and
regulations: Ozone.
*
*
*
*
*
(i) * * *
(2) The 2005 conformity emission
budgets for the New Jersey portion of
the Philadelphia/Wilmington/Trenton
nonattainment area included in New
Jersey’s April 8, 2003 State
Implementation Plan revision are
approved.
*
*
*
*
*
(k)(1) The Statewide 2002 base year
ozone precursor emission inventories
included in New Jersey’s May 18, 2006
State Implementation Plan revision are
approved.
(2) The revisions to the 2005 and 2007
motor vehicle emissions budgets for the
New Jersey portion of the New York/
Northern New Jersey/Long Island
nonattainment area included in New
Jersey’s May 18, 2006 State
Implementation Plan revision are
approved.
(3) The conformity emission budgets
for the McGuire Air Force Base included
in New Jersey’s May 18, 2006 State
Implementation Plan revision are
approved.
[FR Doc. E6–10743 Filed 7–7–06; 8:45 am]
BILLING CODE 6560–50–P
§ 52.1581 Control strategy: Carbon
monoxide.
*
*
*
*
*
(d) The 1997 and 2007 carbon
monoxide motor vehicle emission
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]]>Agencies
[Federal Register Volume 71, Number 131 (Monday, July 10, 2006)]
[Rules and Regulations]
[Pages 38770-38772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10743]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2006-0342; FRL-8191-2]
Approval and Promulgation of Implementation Plans; Carbon
Monoxide Maintenance Plan, Conformity Budgets, Emissions Inventories;
State of New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Jersey. This revision establishes an updated ten-year carbon monoxide
(CO) maintenance plan for the Nine Not-Classified Areas in the State
(the City of Atlantic City, the City of Burlington, the Borough of
Freehold, the Town of Morristown, the Borough of Penns Grove, the City
of Perth Amboy, the Borough of Somerville, the Toms River Area, and the
City of Trenton) and Camden County. In addition, this action approves
revisions to the CO, NOX, VOC, and PM2.5 motor
vehicle emissions budgets for Northern New Jersey. Finally, this notice
approves revisions to the general conformity budget for McGuire Air
Force Base and the 2002 ozone, PM2.5, and CO base year
emissions inventories, where applicable.
The Nine Not Classified Areas and Camden County were redesignated
to attainment of the CO National Ambient Air Quality Standard (NAAQS)
on February 5, 1996 and maintenance plans were also approved at that
time. By this action, EPA is approving the New Jersey Department of
Environmental Protection's (New Jersey) second maintenance plans for
these areas because they provide for continued attainment of the CO
NAAQS for an additional ten years. The intended effect of this
rulemaking is to approve a SIP revision that will insure continued
maintenance of the CO NAAQS.
EFFECTIVE DATE: This rule will be effective July 10, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-2006-0342. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Environmental Protection Agency, Region 2 Office,
Air Programs Branch, 290 Broadway, 25th Floor, New York, New York
10007-1866. Copies of the State submittal are available at the 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: Henry Feingersh
feingersh.henry@epa.gov for general questions, Raymond Forde
forde.raymond@epa.gov for emissions inventory questions, or Matthew
Laurita laurita.matthew@epa.gov for mobile source related questions at
the U.S. Environmental Protection Agency, Air Programs Branch, 290
Broadway, 25th Floor, New York, NY 10007-1866, telephone number (212)
637-4249, fax number (212) 637-3901.
SUPPLEMENTARY INFORMATION:
I. What Was Included in New Jersey's Submittal?
On February 21, 2006, New Jersey submitted a SIP revision to EPA
which included a CO limited maintenance plan, revisions to the CO,
NOX, and VOC motor vehicle emissions budgets for northern
New Jersey, PM2.5 motor vehicle emissions budgets for
northern New Jersey, revisions to the general conformity budget for
McGuire Air Force Base, and the 2002 ozone, PM2.5, and CO
base year emissions inventories, where applicable. When they made the
submittal, New Jersey had requested that EPA parallel process their SIP
revision. New Jersey held a public hearing on March 31, 2006 on their
proposed SIP revision and accepted written comments until April 7,
2006. New Jersey addressed all of the comments and made a subsequent
adopted submittal on May 18, 2006.
II. What Were the Changes From the February 21, 2006 Submittal?
The May 18, 2006 submittal had minor changes from the original
submittal as a result of comments received by New Jersey during the
state rulemaking process. The May 18, 2006 submittal contained
additional information and clarifications which acted to strengthen the
original
[[Page 38771]]
submittal which EPA proposed to approve on May 9, 2006. EPA evaluated
the changes and has decided that they are non-substantive changes. That
is, the changes do not effect our earlier proposal to approve the SIP
revision.
III. What Comments Did EPA Receive in Response to the May 9, 2006 EPA
Proposal?
EPA proposed approval on the New Jersey SIP revision on May 9, 2006
(71 FR 26895). The comment period closed on June 8, 2006. EPA did not
receive any comments.
IV. What Is the Adequacy Status of the CO Limited Maintenance Plan for
Camden County and the Nine Not Classified Areas?
Section 118(e) of the transportation conformity rule (40 CFR 93)
states that a conformity determination cannot be made using submitted
motor vehicle emission budgets (``budgets'') until EPA makes a positive
determination that the submitted budgets are adequate. In accordance
with our rule, the limited maintenance plan for Camden County and the
Nine Not Classified Areas was posted for adequacy review on April 18,
2006 on EPA's conformity Web site: https://www.epa.gov/otaq/
stateresources/ transconf/adequacy. htm.
As a general rule, however, limited maintenance plans, such as the
maintenance plan for Camden County and the Nine Not Classified Areas,
do not include budgets. Instead, for those areas that qualify under our
limited maintenance plan policy for CO, we have concluded that the area
will continue to maintain the CO NAAQS regardless of the quantity of
emissions from the on-road transportation sector, and thus there is no
need to cap emissions from the on-road transportation sector for the
maintenance period.
Therefore, EPA's adequacy review of the limited maintenance plan
for Camden County and the Nine Not Classified Areas primarily focuses
on whether the area qualifies for the applicable limited maintenance
plan policy for CO. From our review, EPA has concluded that Camden
County and the Nine Not Classified Areas meet the criteria for a
limited maintenance plan, and therefore, finds the maintenance plan for
Camden County and the Nine Not Classified Areas adequate for conformity
purposes under our limited maintenance plan policy.
V. What Is EPA's Conclusion?
EPA had proposed approval of New Jersey's request in 71 FR 26895.
The reader is referred back to that proposal notice for additional
detail on this action. Since EPA did not receive any comments and the
New Jersey responses to the comments they had received clarify and
strengthen the SIP revision, EPA is approving the New Jersey SIP
request in this action. Tables 1 and 2 present summaries of the motor
vehicle emissions budgets being approved in this notice. Table 3
presents the approved general conformity budgets for McGuire Air Force
Base.
Table 1.--Approved NOX, VOC, and CO Motor Vehicle Emissions Budgets for
the North Jersey Transportation Planning Authority
[Tons/day]
------------------------------------------------------------------------
Year NOX \1\ VOC \1\ CO \2\
------------------------------------------------------------------------
2005................................... 327.83 146.33 .........
2007................................... 256.58 122.53 1150
2014................................... ......... ......... 899
------------------------------------------------------------------------
\1\ Covers Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth,
Morris, Ocean, Passaic, Somerset, Sussex, and Union Counties.
\2\ Covers Bergen, Essex, Hudson, Passaic, and Union Counties.
Table 2.--Approved 2009 PM2.5 Motor Vehicle Emissions Budgets
[Tons/year]
------------------------------------------------------------------------
Direct
Metropolitan Planning Organization PM2.5 NOX
------------------------------------------------------------------------
North Jersey Transportation Planning Authority \1\ 1,207 61,676
Delaware Valley Regional Planning Commission \2\.. 89 4,328
------------------------------------------------------------------------
\1\ Covers Bergen, Essex, Hudson, Middlesex, Monmouth, Morris, Passaic,
Somerset, and Union Counties.
\2\ Covers Mercer County only.
Table 3.--Approved 2005 \1\ McGuire Air Force Base General Conformity
Emissions Budgets
[Tons/year]
------------------------------------------------------------------------
VOC NOX
------------------------------------------------------------------------
730............................................................ 1,534
------------------------------------------------------------------------
\1\ 2005 budgets updated such that the increase in NOX is offset by a
decrease in VOC, resulting in no expected net increase in ozone
formation.
EPA is also determining that the CO maintenance plan for Camden
County and the Nine Not Classified Areas is adequate for transportation
conformity purposes under the limited maintenance plan policy for CO.
This adequacy finding is effective July 10, 2006. EPA previously
announced the adequacy of the PM2.5 motor vehicle emissions
budgets in the Federal Register (71 FR 33305).
Lastly, EPA is approving the 2002 ozone, PM2.5, and CO
base year emissions inventories, where applicable.
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(d)(3) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' allows an agency to make a
rule effective immediately (thereby avoiding the 30-day delayed
effective date otherwise provided for in the APA). Making today's rule
effective upon publication benefits the public by allowing the most
recently approved conformity budgets developed by the State to be used
in determining conformity.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves
[[Page 38772]]
state law as meeting federal requirements and imposes no additional
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Act.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 8, 2006. 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, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds, Nitrogen
oxides, Sulfur dioxide.
Dated: June 27, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. Section 52.1581 is amended by revising paragraph (d) and adding
paragraph (e) to read as follows:
Sec. 52.1581 Control strategy: Carbon monoxide.
* * * * *
(d) The 1997 and 2007 carbon monoxide motor vehicle emission
budgets for Camden County and the Nine Not Classified Areas included in
New Jersey's May 21, 2004 SIP revision are approved.
(e)(1) Approval--The May 18, 2006 revision to the carbon monoxide
maintenance plan for Camden County and the Nine Not Classified Areas.
This revision contains a second ten-year maintenance plan that
demonstrates continued attainment of the National Ambient Air Quality
Standard for carbon monoxide through the year 2017.
(2) The 2007 and 2014 carbon monoxide conformity emission budgets
for five counties in the New York/Northern New Jersey/Long Island
carbon monoxide maintenance area included in New Jersey's May 18, 2006
SIP revision are approved.
0
3. Section 52.1582 is amended by revising paragraph (i)(2), removing
and reserving paragraph (i)(3) and adding new paragraph (k) to read as
follows:
Sec. 52.1582 Control Strategy and regulations: Ozone.
* * * * *
(i) * * *
(2) The 2005 conformity emission budgets for the New Jersey portion
of the Philadelphia/Wilmington/Trenton nonattainment area included in
New Jersey's April 8, 2003 State Implementation Plan revision are
approved.
* * * * *
(k)(1) The Statewide 2002 base year ozone precursor emission
inventories included in New Jersey's May 18, 2006 State Implementation
Plan revision are approved.
(2) The revisions to the 2005 and 2007 motor vehicle emissions
budgets for the New Jersey portion of the New York/Northern New Jersey/
Long Island nonattainment area included in New Jersey's May 18, 2006
State Implementation Plan revision are approved.
(3) The conformity emission budgets for the McGuire Air Force Base
included in New Jersey's May 18, 2006 State Implementation Plan
revision are approved.
[FR Doc. E6-10743 Filed 7-7-06; 8:45 am]
BILLING CODE 6560-50-P
