Approval and Promulgation of Implementation Plans; New Jersey; Low Emission Vehicle Program, 48936-48938 [E7-16815]
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48936
Federal Register / Vol. 72, No. 165 / Monday, August 27, 2007 / Rules and Regulations
payable on or after the date of the
allowance of the decrease.
(iii) An amount (not including an
amount the time for payment of which
has been extended under section 6164)
which is due and payable on or after the
date of the allowance of the decrease,
including any assessed liabilities,
unassessed liabilities determined in a
statutory notice of deficiency,
unassessed liabilities identified in a
proof of claim filed in a bankruptcy
proceeding, and other unassessed
liabilities in rare and unusual
circumstances.
(2) If the unpaid amount of tax
includes more than one unpaid amount,
the Commissioner in his discretion,
shall determine against which amount
or amounts, and in what proportion, the
decrease is to be applied. In general,
however, the decrease will be applied
against any amounts described in
paragraphs (d)(1)(i) through (iii) of this
section in the order named. If there are
several amounts of the type described in
paragraph (d)(1)(iii) of this section, any
amount of the decrease which is to be
applied against the amount will be
applied by assuming that the tax
previously determined minus the
amount of the decrease to be so applied
is ‘‘the tax’’ and that the taxpayer had
elected to pay the tax in installments.
The unpaid amount of tax against which
a decrease may be applied under
paragraph (d)(1) of this section may not
include any amount of tax for any
taxable year other than the year of the
decrease. After making the application,
the Commissioner will credit any
remainder of the decrease against any
unsatisfied amount of any tax for the
taxable year immediately preceding the
taxable year of the net operating loss,
capital loss, or unused investment
credit, the time for payment of which
has been extended under section 6164.
(3) Any remainder of the decrease
after the application and credits may,
within the 90-day period, in the
discretion of the Commissioner, be
credited against any tax liability or
installment thereof then due from the
taxpayer (including assessed liabilities,
unassessed liabilities determined in a
statutory notice of deficiency,
unassessed liabilities identified in a
proof of claim filed in a bankruptcy
proceeding, and other unassessed
liabilities in rare and unusual
circumstances), and, if not so credited,
shall be refunded to the taxpayer within
the 90-day period.
(e) Effective/applicability date. (1)
These regulations apply with respect to
applications for tentative refund filed on
or after August 27, 2007.
VerDate Aug<31>2005
15:39 Aug 24, 2007
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(2) The applicability of this section
expires on or before August 24, 2010.
(212) 637–3895, fax number (212) 637–
3901.
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
Approved: August 1, 2007.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E7–16878 Filed 8–24–07; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 4830–01–P
Section 209(a) of the Clean Air Act
(CAA or the Act) prohibits states from
adopting or enforcing standards relating
to the control of emissions from new
motor vehicles or new motor vehicle
engines. However, under section 209(b)
of the CAA, EPA shall grant a waiver of
the section 209(a) prohibition to the
State of California (unless EPA makes
specified findings), thereby allowing
California to adopt its own motor
vehicle emissions standards. Section
177 of the CAA allows other states to
adopt and enforce California’s standards
relating to the control of emissions from
new motor vehicles, provided that,
among other things, such state standards
are identical to the California standards
for which a waiver has been granted
under CAA section 209(b). In addition
to the identicality requirement, the state
must adopt such standards at least two
years prior to the commencement of the
model year to which the standards will
apply. All state implementation plan
(SIP) revisions submitted to EPA for
approval must also meet the
requirements of CAA section 110.
In January 2004, the New Jersey
Legislature passed legislation requiring
the New Jersey Department of
Environmental Protection (NJDEP) to
adopt the California low emission
vehicle (LEV) program, known as the
LEV II program. Pursuant to this
legislation, New Jersey promulgated
regulations to adopt a LEV program
identical to California’s LEV II program.
New Jersey’s regulations were adopted
on November 28, 2005. New Jersey’s
LEV program will affect light-duty
motor vehicles manufactured in model
year 2009 and later.
On June 2, 2006, New Jersey
submitted a SIP revision to EPA, seeking
federal approval of its LEV regulations.
New Jersey’s SIP revision submittal
meets the requirements of sections 177
and 110 of the Act. EPA’s approval of
New Jersey’s LEV program makes it
federally-enforceable, further ensuring
that planned emission reductions will
continue to take place. For further
information on New Jersey’s LEV
program see the March 21, 2007,
Proposed Rulemaking (72 FR 13227).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R02–OAR–2006–0920;
FRL–8441–7]
Approval and Promulgation of
Implementation Plans; New Jersey;
Low Emission Vehicle Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency is approving a state
implementation plan revision submitted
by the State of New Jersey. The State’s
revision adopts California’s second
generation low emission vehicle
program for light-duty vehicles, LEV II,
beginning with the 2009 model year.
EPA is not taking action on two
provisions of New Jersey’s program: the
zero-emission vehicle sales mandate
and the greenhouse gas emission
standards. The intended effect of this
rulemaking is to approve a control
strategy which will result in emissions
reductions that will help New Jersey
achieve attainment of national ambient
air quality standard for ozone.
DATES: Effective Date: This rule will be
effective September 26, 2007.
ADDRESSES: Copies of the State
submittals are available at the following
addresses for inspection during normal
business hours:
Environmental Protection Agency,
Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York,
New York 10007–1866.
New Jersey Department of
Environmental Protection, Public
Access Center, 401 East State Street,
1st Floor, Trenton, New Jersey 08625.
FOR FURTHER INFORMATION CONTACT:
Matthew Laurita,
laurita.matthew@epa.gov at the
Environmental Protection Agency,
Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York,
NY 10007–1866, telephone number
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Table of Contents
I. Description of the SIP Revision
II. Comments on the Proposed Rulemaking
III. Final EPA Action
IV. Statutory and Executive Order Reviews
I. Description of the SIP Revision
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Federal Register / Vol. 72, No. 165 / Monday, August 27, 2007 / Rules and Regulations
II. Comments on the Proposed
Rulemaking
EPA received two comments on the
Proposed Rulemaking, published in the
March 21, 2007 Federal Register (72 FR
13227). Both comments were supportive
of EPA’s proposed action to approve
New Jersey’s LEV program into the SIP.
The comments and responses are
included below.
Comment: EPA received a comment
from a private citizen who was
supportive of EPA’s proposal to approve
New Jersey’s LEV program but
expressed concerns over a lack of
standards for small, non-road gasoline
engines, such as for lawn mowers,
ATVs, and jet skis.
Response: EPA notes the citizen’s
support of New Jersey’s LEV program
and notes that Subchapter 29 does not
regulate small, non-road gasoline
engines which were not a subject of the
proposal. However, EPA has proposed
emission standards for certain new nonroad spark-ignition engines, equipment,
and marine vessels (72 FR 28098). If
implemented as proposed, these new
standards will result in reductions of
over 3.4 million tons of emissions by
2030.
Comment: NJDEP submitted
comments in a letter dated April 20,
2007, in which NJDEP agreed with the
proposed EPA action. However, NJDEP
noted that on December 22, 2006, EPA
issued a waiver of federal pre-emption
to California, enabling California to
implement the zero-emission vehicle
(ZEV) component of its program through
model year 2011. In light of EPA’s
granting this waiver, NJDEP requested
that EPA act on the ZEV component of
New Jersey’s program, and approve it
into the SIP through model year 2011,
consistent with such waiver.
Response: EPA agrees with NJDEP
and will propose to approve the ZEV
component of New Jersey’s LEV
program in a separate notice-andcomment rulemaking. EPA is not taking
action on the ZEV component in today’s
document, in order to allow the public
an adequate opportunity to comment on
this specific aspect of New Jersey’s LEV
program, since the March 21, 2007
Proposed Rulemaking (72 FR 13227) did
not propose action on New Jersey’s ZEV
provisions.
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III. Final EPA Action
EPA is approving New Jersey’s LEV
program, which is identical to the
portions of California’s LEV II program
for which EPA has issued a waiver of
pre-emption, with the exception that
EPA is taking no action on the ZEV
component of New Jersey’s program.
VerDate Aug<31>2005
15:39 Aug 24, 2007
Jkt 211001
EPA has not issued a waiver to
California to implement its greenhouse
gas regulations, and therefore, EPA is
also taking no action on the greenhouse
gas portion of New Jersey’s LEV
program. Approval of New Jersey’s LEV
program further ensures that planned
emissions reductions attributable to this
program will be achieved. The New
Jersey LEV program was adopted on
November 28, 2005, published in the
New Jersey State Register on January 17,
2006, is codified in Title 7, Chapter 27,
Subchapter 29 of the New Jersey
Administrative Code and replaces
Subchapter 26, ‘‘Ozone Transport
Commission—Low Emission Vehicles
Program’’ which is now being removed
from the SIP.
IV. 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
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
PO 00000
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48937
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
CAA. 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 CAA. 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 CAA. 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 26, 2007. 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).)
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48938
Federal Register / Vol. 72, No. 165 / Monday, August 27, 2007 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
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.
Subpart FF—New Jersey
Dated: July 8, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
§ 52.1570
2. Section 52.1570 is amended by
adding new paragraph (c)(82) to read as
follows:
I
*
*
*
*
(c) * * *
(82) Revisions to the State
Implementation Plan submitted on June
2, 2006, by the New Jersey Department
of Environmental Protection which
consists of the adoption of California’s
second generation Low Emission
Vehicle (LEV) program.
(i) Incorporation by reference:
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
State regulation
*
Title 7, Chapter 27
State effective date
*
*
*
*
Subchapter 29, ‘‘Low Emission
Vehicle (LEV) Program’’.
*
Identification of plan.
*
*
EPA approved date
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 65
[EPA–HQ–OAR–2007–0429; FRL–8459–5]
RIN 2060–A045
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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Comments
*
*
*
Standards for Hazardous Air Pollutants
for Source Categories to allow
extensions to the deadline imposed for
source owners and operators to conduct
required performance tests in certain
specified force majeure circumstances.
We recently realized that we should
have also revised the Consolidated
Federal Air Rule to allow for similar
extensions.
This rule is effective on
November 26, 2007 without further
notice, unless EPA receives adverse
comment by September 26, 2007. If we
receive adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that some or all of the amendments in
this rule will not take effect.
ADDRESSES: Submit your comments,
identified under Docket ID No. EPA–
HQ–OAR–2007–0429 by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Revisions to Consolidated
Federal Air Rule, Environmental
SUMMARY: The EPA is taking direct final
action on the General Provisions for
Consolidated Federal Air Rule to allow
extensions to the deadline imposed for
source owners and operators to conduct
required performance tests in certain
specified force majeure circumstances.
On May 16, 2007, we published a final
rule that revised the General Provisions
for Standards of Performance for New
Stationary Sources, for National
Emission Standards for Hazardous Air
Pollutants, and for National Emission
Jkt 211001
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*
*
*
Sections 29.6, 29.7, and 29.13(g)
[Title 13, Chapter 1, Article 2,
Sections 1961.1 and 1962 of
the California Code of Regulations] relating to zero-emission
vehicles and greenhouse gas
emission standards are not incorporated into the SIP.
*
DATES:
Revisions to Consolidated Federal Air
Rule
15:39 Aug 24, 2007
§ 52.1605 EPA-approved New Jersey
regulations.
*
*
*
January 27, 2006 .......................... August 27, 2007. [Insert Federal
Register page citation].
[FR Doc. E7–16815 Filed 8–24–07; 8:45 am]
VerDate Aug<31>2005
(A) Regulation Subchapter 29 of Title
7, Chapter 27 of the New Jersey
Administrative Code, entitled ‘‘Low
Emission Vehicle (LEV) Program,’’
except sections 29.6, 29.7, and 29.13(g)
(incorporation by reference of Title 13,
Chapter 1, Article 2, Sections 1961.1
and 1962 of the California Code of
Regulations only), adopted on
November 28, 2005.
*
*
*
*
*
I 3. Section 52.1605 is amended by
removing the entry for Subchapter 26
and adding a new entry for Subchapter
29 under Title 7, Chapter 27 to read as
follows:
*
*
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a
total of two copies.
• Hand Delivery: EPA Docket Center,
1301 Constitution Avenue, NW., EPA
Headquarters Library, Room 3334, EPA
West Building, Washington, DC 20460.
Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2007–
0429. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
E:\FR\FM\27AUR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 165 (Monday, August 27, 2007)]
[Rules and Regulations]
[Pages 48936-48938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16815]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2006-0920; FRL-8441-7]
Approval and Promulgation of Implementation Plans; New Jersey;
Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency is approving a state
implementation plan revision submitted by the State of New Jersey. The
State's revision adopts California's second generation low emission
vehicle program for light-duty vehicles, LEV II, beginning with the
2009 model year. EPA is not taking action on two provisions of New
Jersey's program: the zero-emission vehicle sales mandate and the
greenhouse gas emission standards. The intended effect of this
rulemaking is to approve a control strategy which will result in
emissions reductions that will help New Jersey achieve attainment of
national ambient air quality standard for ozone.
DATES: Effective Date: This rule will be effective September 26, 2007.
ADDRESSES: Copies of the State submittals are available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866.
New Jersey Department of Environmental Protection, Public Access
Center, 401 East State Street, 1st Floor, Trenton, New Jersey 08625.
FOR FURTHER INFORMATION CONTACT: Matthew Laurita,
laurita.matthew@epa.gov at the Environmental Protection Agency, Region
2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, NY
10007-1866, telephone number (212) 637-3895, fax number (212) 637-3901.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Description of the SIP Revision
II. Comments on the Proposed Rulemaking
III. Final EPA Action
IV. Statutory and Executive Order Reviews
I. Description of the SIP Revision
Section 209(a) of the Clean Air Act (CAA or the Act) prohibits
states from adopting or enforcing standards relating to the control of
emissions from new motor vehicles or new motor vehicle engines.
However, under section 209(b) of the CAA, EPA shall grant a waiver of
the section 209(a) prohibition to the State of California (unless EPA
makes specified findings), thereby allowing California to adopt its own
motor vehicle emissions standards. Section 177 of the CAA allows other
states to adopt and enforce California's standards relating to the
control of emissions from new motor vehicles, provided that, among
other things, such state standards are identical to the California
standards for which a waiver has been granted under CAA section 209(b).
In addition to the identicality requirement, the state must adopt such
standards at least two years prior to the commencement of the model
year to which the standards will apply. All state implementation plan
(SIP) revisions submitted to EPA for approval must also meet the
requirements of CAA section 110.
In January 2004, the New Jersey Legislature passed legislation
requiring the New Jersey Department of Environmental Protection (NJDEP)
to adopt the California low emission vehicle (LEV) program, known as
the LEV II program. Pursuant to this legislation, New Jersey
promulgated regulations to adopt a LEV program identical to
California's LEV II program. New Jersey's regulations were adopted on
November 28, 2005. New Jersey's LEV program will affect light-duty
motor vehicles manufactured in model year 2009 and later.
On June 2, 2006, New Jersey submitted a SIP revision to EPA,
seeking federal approval of its LEV regulations. New Jersey's SIP
revision submittal meets the requirements of sections 177 and 110 of
the Act. EPA's approval of New Jersey's LEV program makes it federally-
enforceable, further ensuring that planned emission reductions will
continue to take place. For further information on New Jersey's LEV
program see the March 21, 2007, Proposed Rulemaking (72 FR 13227).
[[Page 48937]]
II. Comments on the Proposed Rulemaking
EPA received two comments on the Proposed Rulemaking, published in
the March 21, 2007 Federal Register (72 FR 13227). Both comments were
supportive of EPA's proposed action to approve New Jersey's LEV program
into the SIP. The comments and responses are included below.
Comment: EPA received a comment from a private citizen who was
supportive of EPA's proposal to approve New Jersey's LEV program but
expressed concerns over a lack of standards for small, non-road
gasoline engines, such as for lawn mowers, ATVs, and jet skis.
Response: EPA notes the citizen's support of New Jersey's LEV
program and notes that Subchapter 29 does not regulate small, non-road
gasoline engines which were not a subject of the proposal. However, EPA
has proposed emission standards for certain new non-road spark-ignition
engines, equipment, and marine vessels (72 FR 28098). If implemented as
proposed, these new standards will result in reductions of over 3.4
million tons of emissions by 2030.
Comment: NJDEP submitted comments in a letter dated April 20, 2007,
in which NJDEP agreed with the proposed EPA action. However, NJDEP
noted that on December 22, 2006, EPA issued a waiver of federal pre-
emption to California, enabling California to implement the zero-
emission vehicle (ZEV) component of its program through model year
2011. In light of EPA's granting this waiver, NJDEP requested that EPA
act on the ZEV component of New Jersey's program, and approve it into
the SIP through model year 2011, consistent with such waiver.
Response: EPA agrees with NJDEP and will propose to approve the ZEV
component of New Jersey's LEV program in a separate notice-and-comment
rulemaking. EPA is not taking action on the ZEV component in today's
document, in order to allow the public an adequate opportunity to
comment on this specific aspect of New Jersey's LEV program, since the
March 21, 2007 Proposed Rulemaking (72 FR 13227) did not propose action
on New Jersey's ZEV provisions.
III. Final EPA Action
EPA is approving New Jersey's LEV program, which is identical to
the portions of California's LEV II program for which EPA has issued a
waiver of pre-emption, with the exception that EPA is taking no action
on the ZEV component of New Jersey's program. EPA has not issued a
waiver to California to implement its greenhouse gas regulations, and
therefore, EPA is also taking no action on the greenhouse gas portion
of New Jersey's LEV program. Approval of New Jersey's LEV program
further ensures that planned emissions reductions attributable to this
program will be achieved. The New Jersey LEV program was adopted on
November 28, 2005, published in the New Jersey State Register on
January 17, 2006, is codified in Title 7, Chapter 27, Subchapter 29 of
the New Jersey Administrative Code and replaces Subchapter 26, ``Ozone
Transport Commission--Low Emission Vehicles Program'' which is now
being removed from the SIP.
IV. 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 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 CAA.
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 CAA. 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 CAA. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 26, 2007. 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).)
[[Page 48938]]
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: July 8, 2007.
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 52.1570 is amended by adding new paragraph (c)(82) to read
as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(82) Revisions to the State Implementation Plan submitted on June
2, 2006, by the New Jersey Department of Environmental Protection which
consists of the adoption of California's second generation Low Emission
Vehicle (LEV) program.
(i) Incorporation by reference:
(A) Regulation Subchapter 29 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``Low Emission Vehicle (LEV)
Program,'' except sections 29.6, 29.7, and 29.13(g) (incorporation by
reference of Title 13, Chapter 1, Article 2, Sections 1961.1 and 1962
of the California Code of Regulations only), adopted on November 28,
2005.
* * * * *
0
3. Section 52.1605 is amended by removing the entry for Subchapter 26
and adding a new entry for Subchapter 29 under Title 7, Chapter 27 to
read as follows:
Sec. 52.1605 EPA-approved New Jersey regulations.
----------------------------------------------------------------------------------------------------------------
State regulation State effective date EPA approved date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 7, Chapter 27
* * * * * * *
Subchapter 29, ``Low Emission Vehicle January 27, 2006....... August 27, 2007. Sections 29.6, 29.7,
(LEV) Program''. [Insert Federal and 29.13(g) [Title
Register page 13, Chapter 1, Article
citation]. 2, Sections 1961.1 and
1962 of the California
Code of Regulations]
relating to zero-
emission vehicles and
greenhouse gas
emission standards are
not incorporated into
the SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. E7-16815 Filed 8-24-07; 8:45 am]
BILLING CODE 6560-50-P
