Approval of Air Quality Implementation Plans; New Jersey, Carbon Monoxide Maintenance Plan, 16102-16107 [2016-06704]
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Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Proposed Rules
(e) Required Actions
Within 20 hours time-in-service:
(1) Inspect the Airworthiness Limitations
section of the applicable maintenance
manual or Instructions for Continued
Airworthiness (ICA) and the component
history card or equivalent record for TT strap
P/N 2604067 and P/N 117–14110. Determine
whether those records specify a life limit of
25,000 flights or 10 years since the date of
manufacture, whichever occurs first.
(2) If the Airworthiness Limitations section
of the applicable maintenance manual or ICA
or the component history card or equivalent
record do not specify a life limit for the TT
strap, or if they specify a different life limit
than in paragraph (e)(1), do the following:
(i) Revise the Airworthiness Limitations
section of the applicable maintenance
manual or ICA by establishing a life limit of
25,000 flights or 10 years since date of
manufacture, whichever occurs first, for each
TT strap P/N 2604067 and P/N 117–14110 by
making pen-and-ink changes or by inserting
a copy of this AD into the Airworthiness
Limitations section of the maintenance
manual or the ICA. For purposes of this AD,
a flight would be counted anytime the
helicopter lifts off into the air and then lands
again regardless of the duration of the
landing and regardless of whether the engine
is shut down.
(ii) Create a component history card or
equivalent record for each TT strap P/N
2604067 and P/N 117–14110, if one does not
exist, and record a life limit of 25,000 flights
or 10 years since date of manufacture,
whichever occurs first.
(3) Remove from service each TT strap that
has reached or exceeded its life limit.
may review the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101
Hillwood Pkwy, Room 6N–321, Fort Worth,
TX 76177.
(2) The subject of this AD is addressed in
European Aviation Safety Agency (EASA) AD
No. 2015–0042, dated March 9, 2015. You
may view the EASA AD on the Internet at
https://www.regulations.gov in the AD Docket.
(f) Special Flight Permit
Special flight permits are prohibited.
SUMMARY:
jstallworth on DSK7TPTVN1PROD with PROPOSALS
(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to Matt Fuller,
Senior Aviation Safety Engineer, Safety
Management Group, Rotorcraft Directorate,
FAA, 10101 Hillwood Pkwy, Fort Worth,
Texas 76177; telephone (817) 222–5110;
email 9-ASW-FTW-AMOC-Requests@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
(h) Additional Information
(1) Airbus Helicopters Alert Service
Bulletin ASB BO105LS–10A–013, Revision 0,
dated March 9, 2015, which is not
incorporated by reference, contains
additional information about the subject of
this AD. For service information identified in
this AD, contact Airbus Helicopters, 2701 N.
Forum Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–0323;
fax (972) 641–3775; or at https://
www.airbushelicopters.com/techpub. You
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(i) Subject
Joint Aircraft Service Component (JASC)
Code: 6200 Main Rotor System.
Issued in Fort Worth, Texas, on March 16,
2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 2016–06530 Filed 3–24–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
address all public comments in a
subsequent final rule based on this
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
DATES: Written comments must be
received by April 25, 2016.
SUPPLEMENTARY INFORMATION:
This document concerns the
‘‘Disestablishment of Danger Zone for
Meteorological Rocket Launching
Facility, Shemya Island Area, AK.’’ For
further information, including
instructions on how to submit
comments, please see the information
provided in the direct final rule that is
located in the ‘‘Rules and Regulations’’
section of this Federal Register
publication.
Dated: March 18, 2016.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
[FR Doc. 2016–06861 Filed 3–24–16; 8:45 am]
BILLING CODE 3720–58–P
33 CFR Part 334
Disestablishment of Danger Zone for
Meteorological Rocket Launching
Facility, Shemya Island Area, AK
AGENCY:
U.S. Army Corps of Engineers,
Proposed rule.
The U.S. Air Force has
requested that the U.S. Army Corps of
Engineers (Corps) disestablish the
existing danger zone located in the
Bering Sea near Shemya Island, Alaska.
The danger zone was established on
September 28, 1971. The purpose of the
danger zone was to protect persons and
property from dangers encountered in
the area associated with the launching
of weather rockets. The facility has not
been used for this activity since the
mid-1980s. As a result of the
discontinued use of this area, the Air
Force has requested the danger zone be
disestablished. In the ‘‘Rules and
Regulations’’ section of Federal
Register, we are publishing the
restricted area disestablishment as a
direct final rule without prior proposal
because we view this as a noncontroversial adjustment to our
restricted area regulations and
anticipate no adverse comment. We
have explained our reasons for this
approval in the preamble to the direct
final rule. If we receive no adverse
comment, we will not take further
action on this rule and it will go into
effect. If we receive adverse comment,
we will withdraw the direct final rule
and it will not take effect. We will
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40 CFR Part 52
[Docket No. EPA–R02–OAR–2016–0059;
FRL–9944–21–Region]
DoD.
ACTION:
ENVIRONMENTAL PROTECTION
AGENCY
Approval of Air Quality Implementation
Plans; New Jersey, Carbon Monoxide
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the New Jersey
Department of Environmental
Protection. This revision will establish
an updated ten-year carbon monoxide
(CO) maintenance plan for the New
Jersey portion of the New York-Northern
New Jersey-Long Island (NYNNJLI) CO
area which includes the following areas:
Hudson, Essex, Bergen, and Union
Counties, and the municipalities of
Clifton, Passaic and Paterson in Passaic
County. EPA is also proposing to
approve the 2007 Attainment/Base Year
CO emissions inventory. In addition,
EPA proposes to approve the shutdown
of 5 CO maintenance monitors in New
Jersey. The New Jersey portion of the
NYNNJLI CO area was redesignated to
attainment of the CO National Ambient
Air Quality Standard (NAAQS) on
August 23, 2002 and the maintenance
plan was also approved at that time. By
SUMMARY:
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this action, EPA is proposing to approve
the second maintenance plan for this
area because it provides for continued
attainment for an additional ten years of
the CO NAAQS.
DATES: Comments must be received on
or before April 25, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–2016–0059, at https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Table of Contents
I. What is the nature of the EPA’s action?
II. What is the Carbon Monoxide Limited
Maintenance Plan for the New Jersey
portion of the New York-Northern New
Jersey-Long Island Carbon Monoxide
area?
III. What is included in a maintenance plan?
A. Attainment Inventory
B. Maintenance Demonstration
C. Monitoring Network
D. Verification of Continued Attainment
E. Contingency Plan
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1. Control Measures
2. Contingency Measures
F. Conformity
IV. What is the New Jersey Attainment/Base
Year CO Inventory?
V. Why is New Jersey shutting down 5 CO
Maintenance Monitors?
VI. What action is the EPA proposing to take?
VII. Statutory and Executive Order Reviews
I. What is the nature of the EPA’s
action?
The EPA is proposing to approve an
updated ten-year carbon monoxide (CO)
maintenance plan for the New Jersey
portion of the New York–Northern New
Jersey–Long Island (NYNNJLI) CO area.
On August 23, 2002, the EPA approved
a request from New Jersey to redesignate
the New Jersey portion of the NYNNJLI
CO area to attainment of the CO
National Ambient Air Quality Standard
(NAAQS) (67 FR 54574). In addition,
the EPA also approved at that time a
ten-year CO maintenance plan for the
area. The Clean Air Act (the Act)
requires that an area redesignated to
attainment of the CO NAAQS must
submit a second ten-year CO
maintenance plan to show how the area
will continue to attain the CO standard
for an additional ten years. On June 11,
2015, New Jersey submitted a second
ten-year CO maintenance plan for the
New Jersey portion of the NYNNJLI CO
area and requested that EPA approve the
plan. This plan also included a request
and the justification for shutting down
4 CO maintenance monitors. On
February 8, 2016, New Jersey submitted
an addendum to the plan which
provides additional information to
justify the shutdown of one additional
CO maintenance monitor. The following
sections describe how the EPA made its
determination proposing to approve the
second ten-year maintenance plan.
Additionally, the EPA is proposing to
approve the 2007 Attainment/Base Year
CO emissions inventory. Finally, the
EPA proposes to approve the shutdown
of 5 CO maintenance monitors in New
Jersey. A more detailed discussion of
the EPA’s review and proposed action is
found in the Technical Support
Document (TSD) available in the Docket
for this action, and by contacting the
individuals in the For Further
Information Section.
II. What is the Carbon Monoxide
Limited Maintenance Plan for the New
Jersey portion of the New York–
Northern New Jersey–Long Island
Carbon Monoxide area?
A maintenance plan is a SIP revision
that must demonstrate continued
attainment of the applicable NAAQS in
the maintenance area for at least ten
years. The Act requires that a second
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ten-year plan be submitted in order to
assure that the area will continue to stay
in compliance with the relevant
NAAQS. For the NYNNJLI CO area, the
New Jersey Department of
Environmental Protection is proposing
to utilize EPA’s limited maintenance
plan approach, as detailed in the EPA
guidance memorandum, ‘‘Limited
Maintenance Plan Option for
Nonclassifiable CO Nonattainment
Areas’’ from Joseph Paisie, Group
Leader, Integrated Policy and Strategies
Group, Office of Air Quality and
Planning Standards, dated October 6,
1995. Pursuant to this approach, the
EPA will consider the maintenance
demonstration satisfied for areas if the
monitoring data show the design value
is at or below 7.65 parts per million
(ppm), or 85 percent of the level of the
8-hour CO NAAQS. The design value
must be based on eight consecutive
quarters of data. For such areas, there is
no requirement to project emissions of
CO over the maintenance period. EPA
believes if the area begins the
maintenance period at, or below, 85
percent of the CO 8 hour NAAQS, the
applicability of Prevention of
Significant Deterioration (PSD)
requirements, the control measures
already in the SIP, and Federal
measures, should provide adequate
assurance of maintenance over the 10year maintenance period.
III. What is included in a maintenance
plan?
Section 175A of the Act sets forth the
elements of maintenance plans for areas
seeking redesignation from
nonattainment to attainment. The initial
and subsequent ten-year plans must
each demonstrate continued attainment
of the applicable NAAQS for at least ten
years after approval. EPA is proposing
action on the second ten-year
maintenance plan which covers the
period from 2015 through 2024. The
specific elements of a maintenance plan
are:
A. Attainment Inventory
EPA’s October 6, 1995 Limited
Maintenance Plan guidance states that
for inventory purposes the state is only
required to submit an attainment
inventory to EPA that is based on
monitoring data which shows
attainment. There is no requirement to
project emissions over the maintenance
period. The calendar year inventory
selected for the attainment inventory is
2007. This means if 2007 is a calendar
year which has monitoring data which
demonstrates attainment of the
standard, the 2007 base year inventory
can be used as the attainment year
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inventory and no projection inventories
are required over the years of the
maintenance period. Only calendar year
2007 summary emissions data (based on
a winter season day) are required. In
addition, the inventory should be
consistent with EPA’s most recent
guidance on emission inventories for
nonattainment areas available at the
time and should include emissions
during the time period associated with
the monitoring data showing
attainment.
New Jersey submitted a limited
maintenance plan which included a
2007 base year emissions inventory. The
2007 inventory is also classified as the
attainment year inventory for the
limited maintenance plan. New Jersey
has elected 2007 because it is the
attainment base year that will be used
for the limited maintenance plan and
2007 represents one of the years of
violation free monitored data in the
area. The inventory included peak
winter season daily emissions from
stationary point, stationary area, nonroad mobile, and on-road mobile
sources of CO. These emission estimates
were prepared in accordance with EPA
guidance.
The EPA is proposing to approve the
CO inventory for Hudson, Essex,
Bergen, and Union Counties, and the
municipalities of Clifton, Passaic and
Paterson in Passaic County. Details of
the inventory review are located in
section IV of this action. A more
detailed discussion of how the emission
inventory was reviewed and the results
of EPA’s review are presented in the
TSD.
Table 1 presents a summary of the
2007 CO peak winter season daily
emissions estimates in tons per day for
the NYNNJLI CO area. Again, under the
Limited Maintenance Plan guidance,
there is no requirement to project
emissions over the maintenance period.
TABLE 1—2007 BASE YEAR/ATTAINMENT EMISSIONS INVENTORY NYNNJLI CO AREA
[Tons/Peak Winter Season Day]
County
Point sources
Area sources
Onroad
mobile
sources
Nonroad
mobile
sources
Total
Bergen ..................................................................................
Essex ...................................................................................
Hudson .................................................................................
Passaic .................................................................................
Union ....................................................................................
1.82
5.52
2.46
0.32
4.18
14.75
12.93
10.05
6.52
8.31
346.29
198.99
111.77
144.70
169.18
139.60
75.20
35.70
42.30
53.60
502.47
292.64
159.97
193.84
23.27
Total ..............................................................................
14.30
52.56
970.93
346.50
1,384.19
B. Maintenance Demonstration
New Jersey has met the Limited
Maintenance Plan air quality criteria
requirement by demonstrating that its
highest monitored design value is less
than 85 percent (7.65 parts per million)
of the CO standard of 9.0 parts per
million. The highest monitored design
value in the NYNNJLI CO area for the
2013–2014 design year was 2.5 parts per
million at two monitoring sites in New
Jersey. In addition, New Jersey commits
to continued implementation of all
other Federal and State measures
already implemented as part of its CO
SIP. Thus, according to the Limited
Maintenance Plan Guidance, emission
projections are not required.
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C. Monitoring Network
New Jersey continues to operate its
CO monitoring network and will
continue to work with the EPA through
the air monitoring network review
process as required by 40 CFR part 58
to determine the adequacy of its
network.
On August 8, 2011, New Jersey
submitted their ‘‘New Jersey Ambient
Air Monitoring Network Plan 2011’’ to
the EPA. This document described New
Jersey’s ambient air monitoring network
and also detailed proposed changes and
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the rationale for them.1 The reasoning
behind the requested CO maintenance
monitor shutdowns are included in that
submittal. In a letter dated October 27,
2011, the EPA told New Jersey that it
will make a determination on New
Jersey’s analysis in a revision to a CO
SIP. Based on the EPA’s review, the EPA
is proposing approval of these CO
maintenance monitor shutdowns. The
EPA’s review of the New Jersey analysis
is included in the accompanying TSD
and in Section V of this notice.
New Jersey will continue annual
reviews of its data in order to verify
continued attainment of the NAAQS. As
mentioned earlier, all of New Jersey’s 8hour design values are well below the
9.0 ppm 8-hour NAAQS for CO with the
highest monitors in the New Jersey
portion of the NYNNJLI reading 2.5
ppm, as shown in Table 2.
1 New Jersey has submitted subsequent 2012,
2013, 2014, and 2015 Monitoring Network Plans.
The EPA is only discussing the 2011 Plan because
of its relevance to the CO Limited Maintenance
Plan.
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TABLE 2—DESIGN VALUES FOR CO IN
NEW JERSEY
[8-hour standard—9 parts per million]
Monitoring location
East Orange .........................
Camden Spruce Street .........
Elizabeth ...............................
Elizabeth lab .........................
Jersey City ............................
Newark Firehouse ................
2013–2014
Design value
(parts per
million)
2.5
1.2
2.2
1.8
1.8
2.5
In its SIP revision, New Jersey
submitted design values from 2006–
2007 through 2012–2013. The EPA
reviewed more recent data in addition
to the submitted data and found the
maximum 2013–2014 design value for
New Jersey to be 2.5 ppm, which
continues to show attainment of the
NAAQS.
D. Verification of Continued Attainment
New Jersey will verify that the New
Jersey portion of the NYNNJLI CO area
continues to attain the CO NAAQS
through an annual review of its
monitoring data. If any design value
exceeds 7.65 ppm, New Jersey will
coordinate with EPA Region 2 to verify
and evaluate the data and then, if
warranted, develop a full maintenance
plan for the affected maintenance area.
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E. Contingency Plan
Section 175A(d) of the Act requires
that a maintenance plan include a
contingency plan which includes
contingency measures, as necessary, to
promptly correct any violation of the
NAAQS that occurs after redesignation
of the area. Contingency measures do
not have to be fully adopted at the time
of redesignation. However, the
contingency plan is considered to be an
enforceable part of the SIP and should
ensure that the contingency measures
are adopted expeditiously once they are
triggered by a specified event. In
addition, the contingency plan includes
a requirement that the State continue to
implement all control measures used to
bring the area into attainment.
The triggers specified in New Jersey’s
previous maintenance plan are included
in this Limited Maintenance Plan. If
design values in any maintenance area
in New Jersey exceeds 7.65 parts per
million (ppm), New Jersey will
coordinate with the EPA to verify the
validity of the data, evaluate the data,
and analyze available air quality and
meteorological data and related
activities in the area. If design values
show noncompliance with the 9 ppm
standard, New Jersey will implement
the appropriate contingency measures.
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1. Control Measures
New Jersey has implemented a
number of measures to control motor
vehicle CO emissions. Emission
reductions achieved through the
implementation of these control
measures are enforceable. These
measures include the Federal Motor
Vehicle Control Program, Federal
reformulated gasoline, New Jersey’s pre1990 modifications to its inspection and
maintenance (I/M) program, and local
control measures relied on in the SIP.
The State of New Jersey has
demonstrated that actual enforceable
emission reductions are responsible for
the air quality improvement and that the
CO emissions in the base year are not
artificially low due to local economic
downturn. The EPA finds that the
combination of existing EPA approvedSIP and Federal measures contribute to
the permanence and enforceability of
reductions in ambient CO levels that
have allowed the New Jersey portion of
the NYNNJLI CO area to attain the
NAAQS since 1995.
New Jersey commits to continue
implementation of all control measures
used to bring the area into attainment.
2. Contingency Measures
The State plans to continue to use the
contingency measure from the original
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maintenance plan. The plan included
implementation of an enhanced I/M
program. This program is fully
operational and the State commits to
meet the performance standard for an
enhanced I/M program in an effort to
maintain the CO NAAQS. Although the
plan is currently in place, EPA guidance
allows for it to act as a contingency
measure. We approved this measure in
the previous maintenance plan and are
proposing to approve it in this action. If,
in the future, it becomes necessary to
reduce CO levels further, New Jersey
will work with the local Transportation
Planning Organizations or Metropolitan
Planning Organizations to identify and
implement transportation control
measures such as Transportation
Demand Management measures, signal
improvement projects, bicycle projects,
and various transit related projects as
necessary.
F. Conformity
Section 176(c) of the Act defines
conformity as meeting the SIP’s purpose
of eliminating or reducing the severity
and number of violations of the NAAQS
and achieving expeditious attainment of
such standards. The Act further defines
conformity to mean that no Federal
activity will: (1) Cause or contribute to
any new violation of any standard in
any area; (2) increase the frequency or
severity of any existing violation of any
standard in any area; or (3) delay timely
attainment of any standard or any
required interim emission reductions or
other milestones in any area.
The Federal transportation conformity
rule, 40 CFR part 93 subpart A, sets
forth the criteria and procedures for
demonstrating and assuring conformity
of transportation plans, programs and
projects which are developed, funded or
approved by the U.S. Department of
Transportation, and by metropolitan
planning organizations or other
recipients of federal funds under Title
23 U.S.C. or the Federal Transit Laws
(49 U.S.C. chapter 53). The
transportation conformity rule applies
within all nonattainment and
maintenance areas. As prescribed by the
Rule, once an area has an applicable SIP
with motor vehicle emissions budgets,
the expected emissions from planned
transportation activities must be
consistent with (‘‘conform to’’) such
established budgets for that area.
In the case of the NYNNJLI, CO
limited maintenance plan area,
however, the emissions budgets may be
treated as essentially not constraining
for the length of this second
maintenance period as long as the area
continues to meet the limited
maintenance criteria, because there is
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no reason to expect that these areas will
experience so much growth in that
period that a violation of the CO
NAAQS would result. In other words,
emissions from on-road transportation
sources need not be capped for the
maintenance period because it is
unreasonable to believe that emissions
from such sources would increase to a
level that would threaten the air quality
in this area for the duration of this
maintenance period. Therefore, for the
limited maintenance plan CO
maintenance area, all Federal actions
that require conformity determinations
under the transportation conformity rule
are not required to satisfy the regional
emissions analysis requirements in 40
CFR 93.118 or 93.119 of the rule (40
CFR 93.109(e)).
Since limited maintenance plan areas
are still maintenance areas, however,
transportation conformity
determinations are still required for
transportation plans, programs and
projects. Specifically, for such
determinations, transportation plans,
transportation improvement programs,
and projects must still demonstrate that
they are fiscally constrained (40 CFR
part 108) and must meet the criteria for
consultation and Transportation Control
Measure (TCM) implementation in the
conformity rule (40 CFR 93.112 and 40
CFR 93.113, respectively). In addition,
projects in limited maintenance areas
will still be required to meet the criteria
for CO hot spot analyses to satisfy
‘‘project-level’’ conformity
determinations (40 CFR 93.116 and 40
CFR 93.123) which must incorporate the
latest planning assumptions and models
that are available. All aspects of
transportation conformity (with the
exception of satisfying the emission
budget test) will still be required.
Approval of the limited maintenance
plan does not supersede the current
2014 motor vehicle emissions budget.
However, conformity determinations
conducted now and in the future would
not need to conduct an emission budget
test.
If the area should monitor CO
concentrations at or above the limited
maintenance eligibility criteria or 7.65
parts per million then that maintenance
area would no longer qualify for a
limited maintenance plan and would
revert to a full maintenance plan. In this
event, the limited maintenance plan
would remain applicable for conformity
purposes only until the full
maintenance plan is submitted and the
EPA has found its motor vehicle
emissions budget adequate for
conformity purposes or the EPA
approves the full maintenance plan SIP
revision. At that time regional emissions
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analyses would resume as a
transportation conformity criteria.
On July 27, 2015, the EPA posted New
Jersey’s CO limited maintenance plan
on its Adequacy Review Web site:
https://www.epa.gov/otaq/
stateresources/transconf/adequacy.htm.
We did not receive any comments by
the August 26, 2015, deadline. The EPA
may now elect to proceed with finding
the CO limited maintenance plan
adequate for transportation conformity
purposes either as part of the SIP’s final
approval or in a separate notice of
adequacy. The EPA’s adequacy review
process is described in 40 CFR part
93.118(f).
In addition to transportation
conformity, approval of the CO limited
maintenance plan would have
implications for general conformity (40
CFR part 93 Subpart B). Federal actions
subject to general conformity would be
presumed to conform under a limited
maintenance plan as actions in this area
will automatically satisfy the budget test
of 40 CFR 93.158(a)(5)(i)(A), as
described in the October 1995 EPA
memo ‘‘Limited Maintenance Plan
Option for Nonclassifiable CO
Nonattainment Areas’’ from Joseph
Paisie, Group Leader, Integrated Policy
and Strategies Group, Office of Air
Quality and Planning Standards.
IV. What is the New Jersey Attainment/
Base Year CO Inventory?
Section 182(a)(3) and 172(c)(3) of the
Act requires the periodic submission of
a base inventory for SIP planning
processes to address the pollutants for
the eight hour-ozone, PM2.5 and CO
national ambient air quality standard.
Identifying the base year gives certainty
to states that requires submission of the
ozone, PM2.5 and CO emission
inventories periodically. These
requirements allow the EPA, based on
the states’ progress in reducing
emissions, to periodically reassess its
policies and air quality standards and
revise them as necessary. Most
important, the ozone, PM2.5 and CO
inventories will be used to develop and
assess new control strategies that the
states will need to submit in their
attainment demonstration SIPs for the
new national ambient air quality
standards for ozone, PM2.5 and for CO.
The base year inventory may also serve
as part of statewide inventories for
purposes of regional modeling in
transport areas. The base year inventory
plays an important role in modeling
demonstrations for areas classified as
nonattainment and outside transport
regions. For the reasons stated above,
ideally the EPA would therefore
emphasize the importance and benefits
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12:28 Mar 24, 2016
Jkt 238001
of developing a comprehensive, current,
and accurate emission inventory
(similar to the 1990 base year inventory
effort). In this case, the 2007 base year
has been selected as the inventory that
will be used for planning purposes for
the NYNNJLI CO area.
There are specific components of an
acceptable emission inventory. The
emission inventory must meet certain
minimum requirements for reporting
each source category. Specifically, the
source requirements are detailed below.
The review process, which is
described in the accompanying TSD, is
used to determine that all components
of the base year inventory are present.
This review also evaluates the level of
supporting documentation provided by
the state, assesses whether the
emissions were developed according to
current EPA guidance, and evaluates the
quality of the data.
The review process is outlined here
and consists of 8 points that the
inventory must include. For a base year
emission inventory to be acceptable, it
must pass all of the following
acceptance criteria:
1. Evidence that the inventory was
quality assured by the state and its
implementation documented.
2. The point source inventory was
complete.
3. Point source emissions were
prepared or calculated according to the
current EPA guidance.
4. The area source inventory was
complete.
5. The area source emissions were
prepared or calculated according to the
current EPA guidance.
6. Non-road mobile emissions were
prepared according to the current EPA
guidance for all of the source categories.
7. The method (e.g., Highway
Performance Monitoring System or a
network transportation planning model)
used to develop VMT estimates
followed the EPA guidance.
8. On-road mobile emissions were
prepared according to the current EPA
guidance.
Based on the EPA’s review, New
Jersey satisfied all of the EPA’s
requirements for purposes of providing
a comprehensive, accurate, and current
inventory of actual emissions for CO
areas. Where applicable, CO peak winter
season daily emissions are provided for
the CO nonattainment area. The
inventory was developed in accordance
with Emission Inventory Guidance for
Implementation of Ozone and
Particulate Matter NAAQS and Regional
Haze Regulation, dated August 2005.
Using MOVES to Prepare Emission
Inventories in State Implementation
Plans and Transportation Conformity:
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Fmt 4702
Sfmt 4702
Technical Guidance for MOVES2010,
2010a and 2010b, April 2012, and
Example Documentation Report for
1990 Base Year for Ozone and CO SIP
Emissions Inventories, March 1992.
A summary of the EPA’s review is
given below:
1. The Quality Assurance (QA) plan
was implemented for all portions of the
inventory. The QA plan included a QA/
Quality control (QC) program for
assessing data completeness and
standard range checking. Critical data
elements relative to the inventory
sources were assessed for completeness.
QA checks were performed relative to
data collection and analysis, and double
counting of emissions from point, area
and mobile sources. QA/QC checks
were conducted to ensure accuracy of
units, unit conversions, transposition of
figures, and calculations. The inventory
is well documented. New Jersey
provided documentation detailing the
methods used to develop emissions
estimates for each category. In addition,
New Jersey identified the sources of
data used in developing the inventory.
2. The point source emissions are
complete and in accordance with the
EPA guidance.
3. The point source emissions were
prepared/calculated in accordance with
the EPA guidance.
4. The area source emissions are
complete and in accordance with the
EPA guidance.
5. Area source emissions were
prepared/calculated in accordance with
the EPA guidance.
6. Emission estimates for the non-road
mobile source categories are correctly
based on the latest non-road mobile
model or other appropriate guidance
and prepared in accordance with the
EPA guidance.
7. The method used to develop VMT
estimates is in accordance with the EPA
guidance and was adequately described
and documented in the inventory
report.
8. The latest MOVES model was used
in accordance with the EPA’s guidance.
The 2007 base year inventory has
been developed in accordance with EPA
guidance. Therefore, EPA is proposing
to approve the 2007 base year CO
emission inventory. A more detailed
discussion of how the emission
inventory was reviewed and the results
of the review are presented in the TSD.
Detailed emission inventory
development procedures can be found
in the following document: Emission
Inventory Guidance for Implementation
of Ozone and Particulate Matter
NAAQS and Regional Haze Regulation,
dated August 2005; Using MOVES to
Prepare Emission Inventories in State
E:\FR\FM\25MRP1.SGM
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Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Proposed Rules
Implementation Plans and
Transportation Conformity: Technical
Guidance for MOVES2010, 2010a and
2010b, April 2012; and Example
Documentation Report for 1990 Base
Year for Ozone and CO SIP Emissions
Inventories, March 1992. See Table 1 for
a summary of 2007 CO peak winter
season daily emission estimates by
source sector and by county for the
NYNNJLI CO area.
V. Why is New Jersey shutting down 5
CO Maintenance Monitors?
In order to conserve resources, the
State is seeking to discontinue
monitoring in Burlington, Freehold,
Morristown, Perth Amboy, and East
Orange since current air quality levels
do not warrant the additional expense of
running CO monitors in those areas. The
State has committed to continue CO
monitoring in Camden and Elizabeth,
and will reestablish CO monitoring in
Burlington, Freehold, Morristown, Perth
Amboy, and East Orange if air quality in
Camden and Elizabeth degrade
significantly. The Camden and Elizabeth
sites have been judged to be
representative of these 5 CO
maintenance monitor sites and are thus
acting as their surrogate sites. Starting in
the early 1970’s, EPA has set national
standards that have considerably
reduced emissions of CO and other
pollutants from motor vehicles,
including tailpipe emissions, new
vehicle technologies, and clean fuels
programs. Because of this, the EPA
believes that it is unlikely that the
maintenance area will exceed the CO
NAAQS again. Thus, we believe that the
revisions that New Jersey has made to
its maintenance plan will continue to
protect the citizens of New Jersey from
high CO concentrations, and also
conserve resources. Additional detail
can be seen in the accompanying TSD
to this notice.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
VI. What action is the EPA proposing to
take?
The EPA has evaluated New Jersey’s
submittals for consistency with the Act
and Agency regulations and policy. The
EPA is proposing to approve New
Jersey’s CO limited maintenance plan
because it meets the requirements set
forth in section 175A of the Act and
continues to demonstrate that the
NAAQS for CO will continue to be met
for the next ten years. The EPA is also
proposing to approve the 2007
Attainment/Base Year CO emissions
inventory. Finally, the EPA also
proposes to approve the shutdown of 5
CO maintenance monitors in New
Jersey, since CO monitoring will
VerDate Sep<11>2014
12:28 Mar 24, 2016
Jkt 238001
continue at other representative
locations across the State.
The EPA views the SIP revisions
proposed in today’s proposal as
separable actions. This means that if the
EPA receives adverse comments on
particular portions of this notice and not
on other portions, the EPA may choose
not to take final action at the same time
in a single notice on all of these SIP
revisions. Instead, the EPA may choose
to take final action on these SIP
revisions in separate notices.
Interested parties may participate in
the Federal rulemaking procedure by
submitting written comments to the
EPA Region 2 Office by the method
discussed in the ADDRESSES section of
this action.
VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
16107
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and the EPA notes
that it will not impose substantial direct
costs on tribal governments or preempt
tribal law. Thus, Executive Order 13175
does not apply to this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 14, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2016–06704 Filed 3–24–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 580
[Docket No. NHTSA–2016–0037]
RIN 2127–AL39
Odometer Disclosure Requirements
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of Proposed Rulemaking
(NPRM).
AGENCY:
This notice is being issued
pursuant to the Moving Ahead for
Progress in the 21st Century Act of 2012
requiring NHTSA to prescribe
regulations permitting States to adopt
schemes for electronic odometer
disclosure statements. To permit States
to allow electronic odometer
disclosures, NHTSA is proposing to
amend the existing requirements to
clarify that most of those requirements
apply regardless of the technology used
for the disclosure. NHTSA is further
SUMMARY:
E:\FR\FM\25MRP1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Proposed Rules]
[Pages 16102-16107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06704]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2016-0059; FRL-9944-21-Region]
Approval of Air Quality Implementation Plans; New Jersey, Carbon
Monoxide Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the New
Jersey Department of Environmental Protection. This revision will
establish an updated ten-year carbon monoxide (CO) maintenance plan for
the New Jersey portion of the New York-Northern New Jersey-Long Island
(NYNNJLI) CO area which includes the following areas: Hudson, Essex,
Bergen, and Union Counties, and the municipalities of Clifton, Passaic
and Paterson in Passaic County. EPA is also proposing to approve the
2007 Attainment/Base Year CO emissions inventory. In addition, EPA
proposes to approve the shutdown of 5 CO maintenance monitors in New
Jersey. The New Jersey portion of the NYNNJLI CO area was redesignated
to attainment of the CO National Ambient Air Quality Standard (NAAQS)
on August 23, 2002 and the maintenance plan was also approved at that
time. By
[[Page 16103]]
this action, EPA is proposing to approve the second maintenance plan
for this area because it provides for continued attainment for an
additional ten years of the CO NAAQS.
DATES: Comments must be received on or before April 25, 2016.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2016-0059, at https://www.regulations.gov. Follow the on-line
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. What is the nature of the EPA's action?
II. What is the Carbon Monoxide Limited Maintenance Plan for the New
Jersey portion of the New York-Northern New Jersey-Long Island
Carbon Monoxide area?
III. What is included in a maintenance plan?
A. Attainment Inventory
B. Maintenance Demonstration
C. Monitoring Network
D. Verification of Continued Attainment
E. Contingency Plan
1. Control Measures
2. Contingency Measures
F. Conformity
IV. What is the New Jersey Attainment/Base Year CO Inventory?
V. Why is New Jersey shutting down 5 CO Maintenance Monitors?
VI. What action is the EPA proposing to take?
VII. Statutory and Executive Order Reviews
I. What is the nature of the EPA's action?
The EPA is proposing to approve an updated ten-year carbon monoxide
(CO) maintenance plan for the New Jersey portion of the New York-
Northern New Jersey-Long Island (NYNNJLI) CO area. On August 23, 2002,
the EPA approved a request from New Jersey to redesignate the New
Jersey portion of the NYNNJLI CO area to attainment of the CO National
Ambient Air Quality Standard (NAAQS) (67 FR 54574). In addition, the
EPA also approved at that time a ten-year CO maintenance plan for the
area. The Clean Air Act (the Act) requires that an area redesignated to
attainment of the CO NAAQS must submit a second ten-year CO maintenance
plan to show how the area will continue to attain the CO standard for
an additional ten years. On June 11, 2015, New Jersey submitted a
second ten-year CO maintenance plan for the New Jersey portion of the
NYNNJLI CO area and requested that EPA approve the plan. This plan also
included a request and the justification for shutting down 4 CO
maintenance monitors. On February 8, 2016, New Jersey submitted an
addendum to the plan which provides additional information to justify
the shutdown of one additional CO maintenance monitor. The following
sections describe how the EPA made its determination proposing to
approve the second ten-year maintenance plan. Additionally, the EPA is
proposing to approve the 2007 Attainment/Base Year CO emissions
inventory. Finally, the EPA proposes to approve the shutdown of 5 CO
maintenance monitors in New Jersey. A more detailed discussion of the
EPA's review and proposed action is found in the Technical Support
Document (TSD) available in the Docket for this action, and by
contacting the individuals in the For Further Information Section.
II. What is the Carbon Monoxide Limited Maintenance Plan for the New
Jersey portion of the New York-Northern New Jersey-Long Island Carbon
Monoxide area?
A maintenance plan is a SIP revision that must demonstrate
continued attainment of the applicable NAAQS in the maintenance area
for at least ten years. The Act requires that a second ten-year plan be
submitted in order to assure that the area will continue to stay in
compliance with the relevant NAAQS. For the NYNNJLI CO area, the New
Jersey Department of Environmental Protection is proposing to utilize
EPA's limited maintenance plan approach, as detailed in the EPA
guidance memorandum, ``Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas'' from Joseph Paisie, Group
Leader, Integrated Policy and Strategies Group, Office of Air Quality
and Planning Standards, dated October 6, 1995. Pursuant to this
approach, the EPA will consider the maintenance demonstration satisfied
for areas if the monitoring data show the design value is at or below
7.65 parts per million (ppm), or 85 percent of the level of the 8-hour
CO NAAQS. The design value must be based on eight consecutive quarters
of data. For such areas, there is no requirement to project emissions
of CO over the maintenance period. EPA believes if the area begins the
maintenance period at, or below, 85 percent of the CO 8 hour NAAQS, the
applicability of Prevention of Significant Deterioration (PSD)
requirements, the control measures already in the SIP, and Federal
measures, should provide adequate assurance of maintenance over the 10-
year maintenance period.
III. What is included in a maintenance plan?
Section 175A of the Act sets forth the elements of maintenance
plans for areas seeking redesignation from nonattainment to attainment.
The initial and subsequent ten-year plans must each demonstrate
continued attainment of the applicable NAAQS for at least ten years
after approval. EPA is proposing action on the second ten-year
maintenance plan which covers the period from 2015 through 2024. The
specific elements of a maintenance plan are:
A. Attainment Inventory
EPA's October 6, 1995 Limited Maintenance Plan guidance states that
for inventory purposes the state is only required to submit an
attainment inventory to EPA that is based on monitoring data which
shows attainment. There is no requirement to project emissions over the
maintenance period. The calendar year inventory selected for the
attainment inventory is 2007. This means if 2007 is a calendar year
which has monitoring data which demonstrates attainment of the
standard, the 2007 base year inventory can be used as the attainment
year
[[Page 16104]]
inventory and no projection inventories are required over the years of
the maintenance period. Only calendar year 2007 summary emissions data
(based on a winter season day) are required. In addition, the inventory
should be consistent with EPA's most recent guidance on emission
inventories for nonattainment areas available at the time and should
include emissions during the time period associated with the monitoring
data showing attainment.
New Jersey submitted a limited maintenance plan which included a
2007 base year emissions inventory. The 2007 inventory is also
classified as the attainment year inventory for the limited maintenance
plan. New Jersey has elected 2007 because it is the attainment base
year that will be used for the limited maintenance plan and 2007
represents one of the years of violation free monitored data in the
area. The inventory included peak winter season daily emissions from
stationary point, stationary area, non-road mobile, and on-road mobile
sources of CO. These emission estimates were prepared in accordance
with EPA guidance.
The EPA is proposing to approve the CO inventory for Hudson, Essex,
Bergen, and Union Counties, and the municipalities of Clifton, Passaic
and Paterson in Passaic County. Details of the inventory review are
located in section IV of this action. A more detailed discussion of how
the emission inventory was reviewed and the results of EPA's review are
presented in the TSD.
Table 1 presents a summary of the 2007 CO peak winter season daily
emissions estimates in tons per day for the NYNNJLI CO area. Again,
under the Limited Maintenance Plan guidance, there is no requirement to
project emissions over the maintenance period.
Table 1--2007 Base Year/Attainment Emissions Inventory NYNNJLI CO Area
[Tons/Peak Winter Season Day]
----------------------------------------------------------------------------------------------------------------
Onroad mobile Nonroad mobile
County Point sources Area sources sources sources Total
----------------------------------------------------------------------------------------------------------------
Bergen.......................... 1.82 14.75 346.29 139.60 502.47
Essex........................... 5.52 12.93 198.99 75.20 292.64
Hudson.......................... 2.46 10.05 111.77 35.70 159.97
Passaic......................... 0.32 6.52 144.70 42.30 193.84
Union........................... 4.18 8.31 169.18 53.60 23.27
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total....................... 14.30 52.56 970.93 346.50 1,384.19
----------------------------------------------------------------------------------------------------------------
B. Maintenance Demonstration
New Jersey has met the Limited Maintenance Plan air quality
criteria requirement by demonstrating that its highest monitored design
value is less than 85 percent (7.65 parts per million) of the CO
standard of 9.0 parts per million. The highest monitored design value
in the NYNNJLI CO area for the 2013-2014 design year was 2.5 parts per
million at two monitoring sites in New Jersey. In addition, New Jersey
commits to continued implementation of all other Federal and State
measures already implemented as part of its CO SIP. Thus, according to
the Limited Maintenance Plan Guidance, emission projections are not
required.
C. Monitoring Network
New Jersey continues to operate its CO monitoring network and will
continue to work with the EPA through the air monitoring network review
process as required by 40 CFR part 58 to determine the adequacy of its
network.
On August 8, 2011, New Jersey submitted their ``New Jersey Ambient
Air Monitoring Network Plan 2011'' to the EPA. This document described
New Jersey's ambient air monitoring network and also detailed proposed
changes and the rationale for them.\1\ The reasoning behind the
requested CO maintenance monitor shutdowns are included in that
submittal. In a letter dated October 27, 2011, the EPA told New Jersey
that it will make a determination on New Jersey's analysis in a
revision to a CO SIP. Based on the EPA's review, the EPA is proposing
approval of these CO maintenance monitor shutdowns. The EPA's review of
the New Jersey analysis is included in the accompanying TSD and in
Section V of this notice.
---------------------------------------------------------------------------
\1\ New Jersey has submitted subsequent 2012, 2013, 2014, and
2015 Monitoring Network Plans. The EPA is only discussing the 2011
Plan because of its relevance to the CO Limited Maintenance Plan.
---------------------------------------------------------------------------
New Jersey will continue annual reviews of its data in order to
verify continued attainment of the NAAQS. As mentioned earlier, all of
New Jersey's 8-hour design values are well below the 9.0 ppm 8-hour
NAAQS for CO with the highest monitors in the New Jersey portion of the
NYNNJLI reading 2.5 ppm, as shown in Table 2.
Table 2--Design Values for CO in New Jersey
[8-hour standard--9 parts per million]
------------------------------------------------------------------------
2013-2014
Design value
Monitoring location (parts per
million)
------------------------------------------------------------------------
East Orange............................................. 2.5
Camden Spruce Street.................................... 1.2
Elizabeth............................................... 2.2
Elizabeth lab........................................... 1.8
Jersey City............................................. 1.8
Newark Firehouse........................................ 2.5
------------------------------------------------------------------------
In its SIP revision, New Jersey submitted design values from 2006-
2007 through 2012-2013. The EPA reviewed more recent data in addition
to the submitted data and found the maximum 2013-2014 design value for
New Jersey to be 2.5 ppm, which continues to show attainment of the
NAAQS.
D. Verification of Continued Attainment
New Jersey will verify that the New Jersey portion of the NYNNJLI
CO area continues to attain the CO NAAQS through an annual review of
its monitoring data. If any design value exceeds 7.65 ppm, New Jersey
will coordinate with EPA Region 2 to verify and evaluate the data and
then, if warranted, develop a full maintenance plan for the affected
maintenance area.
[[Page 16105]]
E. Contingency Plan
Section 175A(d) of the Act requires that a maintenance plan include
a contingency plan which includes contingency measures, as necessary,
to promptly correct any violation of the NAAQS that occurs after
redesignation of the area. Contingency measures do not have to be fully
adopted at the time of redesignation. However, the contingency plan is
considered to be an enforceable part of the SIP and should ensure that
the contingency measures are adopted expeditiously once they are
triggered by a specified event. In addition, the contingency plan
includes a requirement that the State continue to implement all control
measures used to bring the area into attainment.
The triggers specified in New Jersey's previous maintenance plan
are included in this Limited Maintenance Plan. If design values in any
maintenance area in New Jersey exceeds 7.65 parts per million (ppm),
New Jersey will coordinate with the EPA to verify the validity of the
data, evaluate the data, and analyze available air quality and
meteorological data and related activities in the area. If design
values show noncompliance with the 9 ppm standard, New Jersey will
implement the appropriate contingency measures.
1. Control Measures
New Jersey has implemented a number of measures to control motor
vehicle CO emissions. Emission reductions achieved through the
implementation of these control measures are enforceable. These
measures include the Federal Motor Vehicle Control Program, Federal
reformulated gasoline, New Jersey's pre-1990 modifications to its
inspection and maintenance (I/M) program, and local control measures
relied on in the SIP.
The State of New Jersey has demonstrated that actual enforceable
emission reductions are responsible for the air quality improvement and
that the CO emissions in the base year are not artificially low due to
local economic downturn. The EPA finds that the combination of existing
EPA approved- SIP and Federal measures contribute to the permanence and
enforceability of reductions in ambient CO levels that have allowed the
New Jersey portion of the NYNNJLI CO area to attain the NAAQS since
1995.
New Jersey commits to continue implementation of all control
measures used to bring the area into attainment.
2. Contingency Measures
The State plans to continue to use the contingency measure from the
original maintenance plan. The plan included implementation of an
enhanced I/M program. This program is fully operational and the State
commits to meet the performance standard for an enhanced I/M program in
an effort to maintain the CO NAAQS. Although the plan is currently in
place, EPA guidance allows for it to act as a contingency measure. We
approved this measure in the previous maintenance plan and are
proposing to approve it in this action. If, in the future, it becomes
necessary to reduce CO levels further, New Jersey will work with the
local Transportation Planning Organizations or Metropolitan Planning
Organizations to identify and implement transportation control measures
such as Transportation Demand Management measures, signal improvement
projects, bicycle projects, and various transit related projects as
necessary.
F. Conformity
Section 176(c) of the Act defines conformity as meeting the SIP's
purpose of eliminating or reducing the severity and number of
violations of the NAAQS and achieving expeditious attainment of such
standards. The Act further defines conformity to mean that no Federal
activity will: (1) Cause or contribute to any new violation of any
standard in any area; (2) increase the frequency or severity of any
existing violation of any standard in any area; or (3) delay timely
attainment of any standard or any required interim emission reductions
or other milestones in any area.
The Federal transportation conformity rule, 40 CFR part 93 subpart
A, sets forth the criteria and procedures for demonstrating and
assuring conformity of transportation plans, programs and projects
which are developed, funded or approved by the U.S. Department of
Transportation, and by metropolitan planning organizations or other
recipients of federal funds under Title 23 U.S.C. or the Federal
Transit Laws (49 U.S.C. chapter 53). The transportation conformity rule
applies within all nonattainment and maintenance areas. As prescribed
by the Rule, once an area has an applicable SIP with motor vehicle
emissions budgets, the expected emissions from planned transportation
activities must be consistent with (``conform to'') such established
budgets for that area.
In the case of the NYNNJLI, CO limited maintenance plan area,
however, the emissions budgets may be treated as essentially not
constraining for the length of this second maintenance period as long
as the area continues to meet the limited maintenance criteria, because
there is no reason to expect that these areas will experience so much
growth in that period that a violation of the CO NAAQS would result. In
other words, emissions from on-road transportation sources need not be
capped for the maintenance period because it is unreasonable to believe
that emissions from such sources would increase to a level that would
threaten the air quality in this area for the duration of this
maintenance period. Therefore, for the limited maintenance plan CO
maintenance area, all Federal actions that require conformity
determinations under the transportation conformity rule are not
required to satisfy the regional emissions analysis requirements in 40
CFR 93.118 or 93.119 of the rule (40 CFR 93.109(e)).
Since limited maintenance plan areas are still maintenance areas,
however, transportation conformity determinations are still required
for transportation plans, programs and projects. Specifically, for such
determinations, transportation plans, transportation improvement
programs, and projects must still demonstrate that they are fiscally
constrained (40 CFR part 108) and must meet the criteria for
consultation and Transportation Control Measure (TCM) implementation in
the conformity rule (40 CFR 93.112 and 40 CFR 93.113, respectively). In
addition, projects in limited maintenance areas will still be required
to meet the criteria for CO hot spot analyses to satisfy ``project-
level'' conformity determinations (40 CFR 93.116 and 40 CFR 93.123)
which must incorporate the latest planning assumptions and models that
are available. All aspects of transportation conformity (with the
exception of satisfying the emission budget test) will still be
required. Approval of the limited maintenance plan does not supersede
the current 2014 motor vehicle emissions budget. However, conformity
determinations conducted now and in the future would not need to
conduct an emission budget test.
If the area should monitor CO concentrations at or above the
limited maintenance eligibility criteria or 7.65 parts per million then
that maintenance area would no longer qualify for a limited maintenance
plan and would revert to a full maintenance plan. In this event, the
limited maintenance plan would remain applicable for conformity
purposes only until the full maintenance plan is submitted and the EPA
has found its motor vehicle emissions budget adequate for conformity
purposes or the EPA approves the full maintenance plan SIP revision. At
that time regional emissions
[[Page 16106]]
analyses would resume as a transportation conformity criteria.
On July 27, 2015, the EPA posted New Jersey's CO limited
maintenance plan on its Adequacy Review Web site: https://www.epa.gov/otaq/stateresources/transconf/adequacy.htm. We did not receive any
comments by the August 26, 2015, deadline. The EPA may now elect to
proceed with finding the CO limited maintenance plan adequate for
transportation conformity purposes either as part of the SIP's final
approval or in a separate notice of adequacy. The EPA's adequacy review
process is described in 40 CFR part 93.118(f).
In addition to transportation conformity, approval of the CO
limited maintenance plan would have implications for general conformity
(40 CFR part 93 Subpart B). Federal actions subject to general
conformity would be presumed to conform under a limited maintenance
plan as actions in this area will automatically satisfy the budget test
of 40 CFR 93.158(a)(5)(i)(A), as described in the October 1995 EPA memo
``Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment
Areas'' from Joseph Paisie, Group Leader, Integrated Policy and
Strategies Group, Office of Air Quality and Planning Standards.
IV. What is the New Jersey Attainment/Base Year CO Inventory?
Section 182(a)(3) and 172(c)(3) of the Act requires the periodic
submission of a base inventory for SIP planning processes to address
the pollutants for the eight hour-ozone, PM2.5 and CO
national ambient air quality standard. Identifying the base year gives
certainty to states that requires submission of the ozone,
PM2.5 and CO emission inventories periodically. These
requirements allow the EPA, based on the states' progress in reducing
emissions, to periodically reassess its policies and air quality
standards and revise them as necessary. Most important, the ozone,
PM2.5 and CO inventories will be used to develop and assess
new control strategies that the states will need to submit in their
attainment demonstration SIPs for the new national ambient air quality
standards for ozone, PM2.5 and for CO. The base year
inventory may also serve as part of statewide inventories for purposes
of regional modeling in transport areas. The base year inventory plays
an important role in modeling demonstrations for areas classified as
nonattainment and outside transport regions. For the reasons stated
above, ideally the EPA would therefore emphasize the importance and
benefits of developing a comprehensive, current, and accurate emission
inventory (similar to the 1990 base year inventory effort). In this
case, the 2007 base year has been selected as the inventory that will
be used for planning purposes for the NYNNJLI CO area.
There are specific components of an acceptable emission inventory.
The emission inventory must meet certain minimum requirements for
reporting each source category. Specifically, the source requirements
are detailed below.
The review process, which is described in the accompanying TSD, is
used to determine that all components of the base year inventory are
present. This review also evaluates the level of supporting
documentation provided by the state, assesses whether the emissions
were developed according to current EPA guidance, and evaluates the
quality of the data.
The review process is outlined here and consists of 8 points that
the inventory must include. For a base year emission inventory to be
acceptable, it must pass all of the following acceptance criteria:
1. Evidence that the inventory was quality assured by the state and
its implementation documented.
2. The point source inventory was complete.
3. Point source emissions were prepared or calculated according to
the current EPA guidance.
4. The area source inventory was complete.
5. The area source emissions were prepared or calculated according
to the current EPA guidance.
6. Non-road mobile emissions were prepared according to the current
EPA guidance for all of the source categories.
7. The method (e.g., Highway Performance Monitoring System or a
network transportation planning model) used to develop VMT estimates
followed the EPA guidance.
8. On-road mobile emissions were prepared according to the current
EPA guidance.
Based on the EPA's review, New Jersey satisfied all of the EPA's
requirements for purposes of providing a comprehensive, accurate, and
current inventory of actual emissions for CO areas. Where applicable,
CO peak winter season daily emissions are provided for the CO
nonattainment area. The inventory was developed in accordance with
Emission Inventory Guidance for Implementation of Ozone and Particulate
Matter NAAQS and Regional Haze Regulation, dated August 2005. Using
MOVES to Prepare Emission Inventories in State Implementation Plans and
Transportation Conformity: Technical Guidance for MOVES2010, 2010a and
2010b, April 2012, and Example Documentation Report for 1990 Base Year
for Ozone and CO SIP Emissions Inventories, March 1992.
A summary of the EPA's review is given below:
1. The Quality Assurance (QA) plan was implemented for all portions
of the inventory. The QA plan included a QA/Quality control (QC)
program for assessing data completeness and standard range checking.
Critical data elements relative to the inventory sources were assessed
for completeness. QA checks were performed relative to data collection
and analysis, and double counting of emissions from point, area and
mobile sources. QA/QC checks were conducted to ensure accuracy of
units, unit conversions, transposition of figures, and calculations.
The inventory is well documented. New Jersey provided documentation
detailing the methods used to develop emissions estimates for each
category. In addition, New Jersey identified the sources of data used
in developing the inventory.
2. The point source emissions are complete and in accordance with
the EPA guidance.
3. The point source emissions were prepared/calculated in
accordance with the EPA guidance.
4. The area source emissions are complete and in accordance with
the EPA guidance.
5. Area source emissions were prepared/calculated in accordance
with the EPA guidance.
6. Emission estimates for the non-road mobile source categories are
correctly based on the latest non-road mobile model or other
appropriate guidance and prepared in accordance with the EPA guidance.
7. The method used to develop VMT estimates is in accordance with
the EPA guidance and was adequately described and documented in the
inventory report.
8. The latest MOVES model was used in accordance with the EPA's
guidance.
The 2007 base year inventory has been developed in accordance with
EPA guidance. Therefore, EPA is proposing to approve the 2007 base year
CO emission inventory. A more detailed discussion of how the emission
inventory was reviewed and the results of the review are presented in
the TSD. Detailed emission inventory development procedures can be
found in the following document: Emission Inventory Guidance for
Implementation of Ozone and Particulate Matter NAAQS and Regional Haze
Regulation, dated August 2005; Using MOVES to Prepare Emission
Inventories in State
[[Page 16107]]
Implementation Plans and Transportation Conformity: Technical Guidance
for MOVES2010, 2010a and 2010b, April 2012; and Example Documentation
Report for 1990 Base Year for Ozone and CO SIP Emissions Inventories,
March 1992. See Table 1 for a summary of 2007 CO peak winter season
daily emission estimates by source sector and by county for the NYNNJLI
CO area.
V. Why is New Jersey shutting down 5 CO Maintenance Monitors?
In order to conserve resources, the State is seeking to discontinue
monitoring in Burlington, Freehold, Morristown, Perth Amboy, and East
Orange since current air quality levels do not warrant the additional
expense of running CO monitors in those areas. The State has committed
to continue CO monitoring in Camden and Elizabeth, and will reestablish
CO monitoring in Burlington, Freehold, Morristown, Perth Amboy, and
East Orange if air quality in Camden and Elizabeth degrade
significantly. The Camden and Elizabeth sites have been judged to be
representative of these 5 CO maintenance monitor sites and are thus
acting as their surrogate sites. Starting in the early 1970's, EPA has
set national standards that have considerably reduced emissions of CO
and other pollutants from motor vehicles, including tailpipe emissions,
new vehicle technologies, and clean fuels programs. Because of this,
the EPA believes that it is unlikely that the maintenance area will
exceed the CO NAAQS again. Thus, we believe that the revisions that New
Jersey has made to its maintenance plan will continue to protect the
citizens of New Jersey from high CO concentrations, and also conserve
resources. Additional detail can be seen in the accompanying TSD to
this notice.
VI. What action is the EPA proposing to take?
The EPA has evaluated New Jersey's submittals for consistency with
the Act and Agency regulations and policy. The EPA is proposing to
approve New Jersey's CO limited maintenance plan because it meets the
requirements set forth in section 175A of the Act and continues to
demonstrate that the NAAQS for CO will continue to be met for the next
ten years. The EPA is also proposing to approve the 2007 Attainment/
Base Year CO emissions inventory. Finally, the EPA also proposes to
approve the shutdown of 5 CO maintenance monitors in New Jersey, since
CO monitoring will continue at other representative locations across
the State.
The EPA views the SIP revisions proposed in today's proposal as
separable actions. This means that if the EPA receives adverse comments
on particular portions of this notice and not on other portions, the
EPA may choose not to take final action at the same time in a single
notice on all of these SIP revisions. Instead, the EPA may choose to
take final action on these SIP revisions in separate notices.
Interested parties may participate in the Federal rulemaking
procedure by submitting written comments to the EPA Region 2 Office by
the method discussed in the ADDRESSES section of this action.
VII. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and the EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law. Thus, Executive
Order 13175 does not apply to this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 14, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2016-06704 Filed 3-24-16; 8:45 am]
BILLING CODE 6560-50-P
