Approval and Promulgation of Implementation Plans; Revised PM2.5, 24868-24870 [E8-9819]
Download as PDF
24868
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Rules and Regulations
with Indian Tribal Governments,
because it does 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.
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
I
PWALKER on PROD1PC71 with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e) of the
Instruction, from further environmental
documentation.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an ‘‘Environmental
VerDate Aug<31>2005
16:31 May 05, 2008
Jkt 214001
(b) * * *
(1) Normal Flow Procedures. Any
vessel which requires an opening of the
draw of this bridge shall establish
contact by radiotelephone with the
remote drawbridge operator on VHF–
FM Channel 13 in Omaha, Nebraska.
The remote drawbridge operator will
advise the vessel whether the requested
span can be immediately opened and
maintain constant contact with the
vessel until the requested span has
opened and the vessel passage has been
completed. The bridge is equipped with
a Photoelectric Boat Detection System to
prevent the span from lowering if there
is an obstruction under the span. If the
drawbridge cannot be opened
immediately, the remote drawbridge
operator will notify the calling vessel
and provide an estimated time for a
drawbridge opening.
the Federal Register of April 30, 2008,
revising its regulation governing VA’s
duty to provide a claimant with notice
of the information and evidence
necessary to substantiate a claim and
VA’s duty to assist a claimant in
obtaining the evidence necessary to
substantiate the claim. The document
inadvertently contained a typographical
error, and this document corrects that
error.
DATES: Effective Date: This correction is
effective May 6, 2008.
FOR FURTHER INFORMATION CONTACT:
Maya Ferrandino, Consultant,
Regulations Staff (211D), Compensation
and Pension Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (727) 319–5847.
SUPPLEMENTARY INFORMATION: On April
30, 2008, VA published in the Federal
Register (73 FR 23353) a document
revising its regulation regarding VA’s
duty to provide a claimant with notice
of the information and evidence
necessary to substantiate a claim and
VA’s duty to assist a claimant in
obtaining the evidence necessary to
substantiate the claim. In the rule, one
typographical error was inadvertently
published. The reason for the
typographical error is that, between the
publication of the proposed rule and the
publication of the final rule, VA had
redesignated the relevant provision of
its procedures manual from ‘‘c’’ to ‘‘d.’’
This document corrects that error.
In FR Doc. E8–9454 published on
April 30, 2008 (73 FR 23353), make the
following correction. On page 23355, in
the second column, in the first sentence
of the third full paragraph, the VA
Manual M21–1MR paragraph reference
is corrected by removing ‘‘I.1.B.3.c’’ and
adding in its place ‘‘I.1.B.3.d’’.
Dated: April 17, 2008.
J.H. Korn,
Captain U.S. Coast Guard, Commander 8th
Coast Guard District, Acting.
[FR Doc. E8–9818 Filed 5–5–08; 8:45 am]
Approved: April 30, 2008.
Robert C. McFetridge,
Assistant to the Secretary for Regulation
Policy and Management.
[FR Doc. E8–9966 Filed 5–5–08; 8:45 am]
BILLING CODE 4910–15–P
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
ENVIRONMENTAL PROTECTION
AGENCY
38 CFR Part 3
40 CFR Part 52
RIN 2900–AM17
[Docket No. EPA–R02–OAR–2008–0005;
FRL–8562–1]
List of Subjects in 33 CFR Part 117
Bridges.
Words of Issuance and Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 117.123 by revising
paragraph(b)(1) as follows:
I
§ 117.123
Arkansas Waterway.
Typographical Error: Notice and
Assistance Requirements; Correction
Department of Veterans Affairs.
Final rule; correction.
AGENCY:
ACTION:
SUMMARY: The Department of Veterans
Affairs (VA) published a document in
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Approval and Promulgation of
Implementation Plans; Revised PM2.5
Motor Vehicle Emissions Budgets;
State of New Jersey
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\06MYR1.SGM
06MYR1
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Rules and Regulations
ACTION:
Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is approving a state
implementation plan revision submitted
by the State of New Jersey. This revision
updates the 2009 PM2.5 motor vehicle
emissions budgets for Mercer County
(for direct PM2.5 and NOX, a precursor),
located within the New Jersey portion of
the New York-Northern New JerseyLong Island, NY-NJ-CT, PM2.5
nonattainment area. The intended effect
of this rulemaking is to approve budgets
that will be used to determine
transportation conformity.
DATES: This rule will be effective June
5, 2008.
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:
PWALKER on PROD1PC71 with RULES
Table of Contents
I. Analysis of the State’s Submittal
II. Comments on the Proposed Rulemaking
III. Final EPA Action
IV. Statutory and Executive Order Reviews
I. Analysis of the State’s Submittal
On December 17, 2007, New Jersey
submitted a proposed state
implementation plan (SIP) revision to
EPA updating the existing motor vehicle
emissions budgets (‘‘budgets’’) for the
Mercer County, New Jersey portion of
the New York-Northern New JerseyLong Island, NY-NJ-CT, PM2.5
nonattainment area (PM2.5 is composed
of airborne particles generally less than
or equal to 2.5 micrometers in
diameter). At the time of the submittal,
New Jersey requested that EPA parallel
process the SIP revision. New Jersey
subsequently held a public hearing on
January 28, 2008, and accepted public
comments until January 31, 2008. On
February 25, 2008, New Jersey
submitted a final SIP revision to EPA
with no substantive changes from the
December 17, 2007 submittal. For more
VerDate Aug<31>2005
16:31 May 05, 2008
Jkt 214001
information on New Jersey’s December
17, 2007 submittal, please see EPA’s
March 5, 2008, Notice of Proposed
Rulemaking (73 FR 11846).
When EPA approved New Jersey’s
initial PM2.5 budgets (71 FR 38770, July
10, 2006), we inadvertently did not
revise 40 Code of Federal Regulations
(CFR) part 52 to include the approved
budgets. In this action we are updating
40 CFR part 52 to reflect both the July
10, 2006, final rulemaking and today’s
final rulemaking.
II. Comments on the Proposed
Rulemaking
EPA proposed approval of New
Jersey’s SIP revision on March 5, 2008
(73 FR 11846). The comment period
closed on April 4, 2008. EPA did not
receive any comments.
III. Final EPA Action
EPA is approving revisions to the
2009 PM2.5 motor vehicle emissions
budgets for Mercer County, New Jersey.
The revised budgets are 108 tons per
year for direct PM2.5 and 5,056 tons per
year for NOX. These revised motor
vehicle emissions budgets supersede the
previous 2009 budgets and are to be
used by the Delaware Valley Regional
Planning Commission in making
transportation conformity
determinations on or after the effective
date of this Final Rulemaking.
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).
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
24869
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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements.
Dated: April 24, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
E:\FR\FM\06MYR1.SGM
06MYR1
24870
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Rules and Regulations
[FR Doc. E8–9819 Filed 5–5–08; 8:45 am]
Effective Date: This document is
effective June 5, 2008.
FOR FURTHER INFORMATION CONTACT:
Laurie Ostrand, Air and Toxics
Technical Enforcement Program,
Environmental Protection Agency
(EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6437, ostrand.laurie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’ or ‘‘our’’ is used it means the EPA.
Section 553 of the Administrative
Procedures Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
cause finds that notice and public
procedures are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
cause for making today’s rule final
without prior proposal and opportunity
for comment because we are merely
correcting EPA Region VIII’s address.
Thus notice and public procedure are
unnecessary. We find that this
constitutes good cause under 5 U.S.C.
553(b)(B).
Specifically, EPA is correcting the
address for EPA Region VIII in the
General Provisions of 40 CFR parts 60,
61, 62, and 63. Certain provisions of 40
CFR parts 60, 61, 62, and 63 regulations
require the submittal of notifications,
reports, and other documents to the EPA
regional office. This technical
amendment updates and corrects the
address for submitting such information
to the EPA Region VIII office.
BILLING CODE 6560–50–P
Statutory and Executive Order Review
DATES:
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 52.1602 is added to read as
follows:
I
§ 52.1602 Control strategy and
regulations: PM2.5.
(a) Approval—On May 18, 2006, New
Jersey submitted an early PM2.5
implementation plan to set motor
vehicle emissions budgets for the New
Jersey portion of the New York-Northern
New Jersey-Long Island, NY-NJ-CT,
PM2.5 nonattainment area. The budgets
were allocated by metropolitan planning
organization as follows: North Jersey
Transportation Planning Authority:
1,207 tons per year of direct PM2.5 and
61,676 tons per year of NOX; Delaware
Valley Regional Planning Commission:
89 tons per year of direct PM2.5 and
4,328 tons per year of NOX.
(b) Approval—On February 25, 2008,
New Jersey submitted a revision to its
early PM2.5 implementation plan to
revise the motor vehicle emissions
budgets for the Mercer County, New
Jersey portion of the New York-Northern
New Jersey-Long Island, NY-NJ-CT,
PM2.5 nonattainment area. The revised
budgets, applicable to the Delaware
Valley Regional Planning Commission,
are as follows: 108 tons per year of
direct PM2.5 and 5,056 tons per year of
NOX.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 61, 62, and 63
[FRL–8563–1]
Change of Address for Submission of
Certain Reports; Technical Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
PWALKER on PROD1PC71 with RULES
AGENCY:
SUMMARY: EPA is correcting the address
for EPA Region VIII in General
Provisions of EPA regulations. Certain
EPA air pollution control regulations
require submittal of notifications,
reports, and other documents to the EPA
regional office. This technical
amendment updates and corrects the
address for submitting such information
to the EPA Region VIII office.
VerDate Aug<31>2005
16:31 May 05, 2008
Jkt 214001
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore not subject to review by the
Office of Management and Budget. This
rule is not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866. Because the agency has made a
‘‘good cause’’ finding that this action is
not subject to notice-and-comment
requirements under the Administrative
Procedure Act or any other statute as
indicated in the Supplementary
Information section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4, 109 Stat. 48 (1995)). In addition,
this action does not significantly or
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
uniquely affect small governments or
impose a significant intergovernmental
mandate, as described in sections 203
and 204 of UMRA. This rule also does
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), nor will
it 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 rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant. This technical
correction action does not involve
technical standards; 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. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act (CRA)
(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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
E:\FR\FM\06MYR1.SGM
06MYR1
Agencies
[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Rules and Regulations]
[Pages 24868-24870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9819]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2008-0005; FRL-8562-1]
Approval and Promulgation of Implementation Plans; Revised PM2.5
Motor Vehicle Emissions Budgets; State of New Jersey
AGENCY: Environmental Protection Agency (EPA).
[[Page 24869]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan revision submitted by the State of New Jersey. This
revision updates the 2009 PM2.5 motor vehicle emissions
budgets for Mercer County (for direct PM2.5 and
NOX, a precursor), located within the New Jersey portion of
the New York-Northern New Jersey-Long Island, NY-NJ-CT,
PM2.5 nonattainment area. The intended effect of this
rulemaking is to approve budgets that will be used to determine
transportation conformity.
DATES: This rule will be effective June 5, 2008.
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. Analysis of the State's Submittal
II. Comments on the Proposed Rulemaking
III. Final EPA Action
IV. Statutory and Executive Order Reviews
I. Analysis of the State's Submittal
On December 17, 2007, New Jersey submitted a proposed state
implementation plan (SIP) revision to EPA updating the existing motor
vehicle emissions budgets (``budgets'') for the Mercer County, New
Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-
CT, PM2.5 nonattainment area (PM2.5 is composed
of airborne particles generally less than or equal to 2.5 micrometers
in diameter). At the time of the submittal, New Jersey requested that
EPA parallel process the SIP revision. New Jersey subsequently held a
public hearing on January 28, 2008, and accepted public comments until
January 31, 2008. On February 25, 2008, New Jersey submitted a final
SIP revision to EPA with no substantive changes from the December 17,
2007 submittal. For more information on New Jersey's December 17, 2007
submittal, please see EPA's March 5, 2008, Notice of Proposed
Rulemaking (73 FR 11846).
When EPA approved New Jersey's initial PM2.5 budgets (71
FR 38770, July 10, 2006), we inadvertently did not revise 40 Code of
Federal Regulations (CFR) part 52 to include the approved budgets. In
this action we are updating 40 CFR part 52 to reflect both the July 10,
2006, final rulemaking and today's final rulemaking.
II. Comments on the Proposed Rulemaking
EPA proposed approval of New Jersey's SIP revision on March 5, 2008
(73 FR 11846). The comment period closed on April 4, 2008. EPA did not
receive any comments.
III. Final EPA Action
EPA is approving revisions to the 2009 PM2.5 motor
vehicle emissions budgets for Mercer County, New Jersey. The revised
budgets are 108 tons per year for direct PM2.5 and 5,056
tons per year for NOX. These revised motor vehicle emissions
budgets supersede the previous 2009 budgets and are to be used by the
Delaware Valley Regional Planning Commission in making transportation
conformity determinations on or after the effective date of this Final
Rulemaking.
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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements.
Dated: April 24, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 24870]]
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 52.1602 is added to read as follows:
Sec. 52.1602 Control strategy and regulations: PM2.5.
(a) Approval--On May 18, 2006, New Jersey submitted an early
PM2.5 implementation plan to set motor vehicle emissions
budgets for the New Jersey portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT, PM2.5 nonattainment area. The budgets
were allocated by metropolitan planning organization as follows: North
Jersey Transportation Planning Authority: 1,207 tons per year of direct
PM2.5 and 61,676 tons per year of NOX; Delaware
Valley Regional Planning Commission: 89 tons per year of direct
PM2.5 and 4,328 tons per year of NOX.
(b) Approval--On February 25, 2008, New Jersey submitted a revision
to its early PM2.5 implementation plan to revise the motor
vehicle emissions budgets for the Mercer County, New Jersey portion of
the New York-Northern New Jersey-Long Island, NY-NJ-CT,
PM2.5 nonattainment area. The revised budgets, applicable to
the Delaware Valley Regional Planning Commission, are as follows: 108
tons per year of direct PM2.5 and 5,056 tons per year of
NOX.
[FR Doc. E8-9819 Filed 5-5-08; 8:45 am]
BILLING CODE 6560-50-P