Adequacy Status of Motor Vehicle Emissions Budgets for the New Jersey Portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 2008 8-hour Ozone Nonattainment Area, 48384-48385 [2018-20738]

Download as PDF 48384 Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations 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 CAA; 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). The SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 26, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 11, 2018. Onis ‘‘Trey’’ Glenn, III, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42.U.S.C. 7401 et seq. Subpart II—North Carolina 2. In § 52.1770, the table in paragraph (e) is amended by adding the entry ‘‘North Carolina Removal of 26 Counties from Inspection and Maintenance Program and 110(l) Non-Interference Demonstration’’ at the end of the table to read as follows: ■ § 52.1770 * Identification of plan. * * (e) * * * * * EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS Provision State effective date EPA approval date * 11/17/2017 9/25/2018 * * * North Carolina Removal of 26 Counties from Inspection and Maintenance Program and 110(l) Non-Interference Demonstration. [FR Doc. 2018–20748 Filed 9–24–18; 8:45 am] BILLING CODE 6560–50–P Federal Register citation * * [insert Federal Register citation]. ENVIRONMENTAL PROTECTION AGENCY ACTION: daltland on DSKBBV9HB2PROD with RULES [Docket No. EPA–R02–OAR–2018–0622; FRL–9984–35—Region 2] Adequacy Status of Motor Vehicle Emissions Budgets for the New Jersey Portion of the New York-Northern New Jersey-Long Island, NY–NJ–CT 2008 8-hour Ozone Nonattainment Area Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 16:30 Sep 24, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 * Notification of adequacy. In this document, the Environmental Protection Agency (‘‘EPA’’ or ‘‘Agency’’) is notifying the public that the Agency has found that the 2017 motor vehicle emissions budgets (‘‘budgets’’) for volatile organic compounds (‘‘VOCs’’) and nitrogen oxides (‘‘NOX’’) submitted by the New Jersey Department of Environmental Protection for the 2008 national ambient air quality standard (‘‘NAAQS’’) for ozone are adequate for transportation conformity purposes for the New Jersey portions of the New York-Northern New SUMMARY: 40 CFR Part 52 Explanation E:\FR\FM\25SER1.SGM 25SER1 daltland on DSKBBV9HB2PROD with RULES Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations Jersey-Long Island, NY–NJ–CT 8-hour ozone nonattainment area. The transportation conformity rule) requires that the EPA conduct a public process and make an affirmative decision on the adequacy of these budgets before they can be used by metropolitan planning organizations in conformity determinations. As a result of this finding, upon the effective date of this notification of adequacy, the North Jersey Transportation Planning Authority must use these budgets in future transportation conformity determinations. The budgets are contained in New Jersey’s December 22, 2017, state implementation plan submittal for the 2008 8-hour ozone NAAQS and are associated with the reasonable further progress milestone demonstration. DATES: This finding is effective October 10, 2018. FOR FURTHER INFORMATION CONTACT: Reema Loutan, Environmental Protection Agency Region 2, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007– 1866; (212) 637–3760, loutan.reema@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. This document is simply an announcement of a finding that we have already made. EPA Region 2 sent a letter to the New Jersey Department of Environmental Protection on August 16, 2018, stating that the 2017 motor vehicle emissions budgets (‘‘budgets’’) in the submitted state implementation plan (‘‘SIP’’) for the 2008 national ambient air quality standard for ozone for the New Jersey portions of the New York-Northern New Jersey-Long Island, NY–NJ–CT 8-hour ozone nonattainment area are adequate for transportation conformity purposes. These budgets are associated with the SIP’s reasonable further progress milestone demonstration and must apply to future transportation conformity determinations conducted by the North Jersey Transportation Planning Authority (‘‘NJTPA’’). On December 22, 2017, the New Jersey Department of Environmental Protection submitted a SIP revision for the New Jersey portion of the New YorkNorthern New Jersey-Long Island, NY– NJ–CT 2008 8-hour ozone nonattainment area. This revision to the SIP included 2017 summer day volatile organic compound (‘‘VOC’’) and nitrogen oxides (‘‘NOX’’) motor vehicle emissions budgets associated with the SIP’s reasonable further progress VerDate Sep<11>2014 16:30 Sep 24, 2018 Jkt 244001 demonstration. We announced availability of the plan and related budgets on the EPA’s transportation conformity website on February 8, 2018, requesting comments by March 12, 2018. We received no comments in response to the adequacy review posting. This finding will also be available at the EPA’s conformity website: https:// www.epa.gov/state-and-localtransportation/conformity-adequacyreview-region-2. The motor vehicle emissions budgets are provided in Table 1 below. TABLE 1—2017 MOTOR VEHICLE EMISSIONS BUDGETS FOR NJTPA 48385 Dated: September 5, 2018. Peter D. Lopez, Regional Administrator, Region 2. [FR Doc. 2018–20738 Filed 9–24–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2016–0398; FRL–9983– 99—Region 1] Air Plan Approval; New Hampshire; Updates to Enhanced Motor Vehicle Inspection and Maintenance Program Regulation Year NOX VOC Environmental Protection Agency (EPA). ACTION: Final rule. 2017 ...................... 103.22 48.69 SUMMARY: AGENCY: [Tons per day] Transportation conformity is required by Clean Air Act section 176(c). The EPA’s conformity rule requires that long-range transportation plans, transportation improvement programs, and transportation projects conform to a state’s air quality SIP and establishes the criteria and procedures for determining whether or not they conform. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS. The criteria the EPA uses to determine whether a SIP’s motor vehicle emission budgets are adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4). We have further described our process for determining the adequacy of submitted SIP budgets in 40 CFR 93.118(f), and we followed this rule in making our adequacy determination. Please note that an adequacy review is separate from the EPA’s completeness review and should not be used to prejudge the EPA’s ultimate action on the SIP. Even if we find a budget adequate, the SIP could later be disapproved. Pursuant to 40 CFR 93.104(e), within 2 years of the effective date of this document, NJTPA and the U.S. Department of Transportation will need to demonstrate conformity to the new budgets. For demonstrating conformity to the budgets in this plan, the on-road motor vehicle emissions from implementation of the long-range transportation plan should be projected consistently with the budgets in this plan. Authority: 42 U.S.C. 7401–7671q. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This revision includes an amended regulation for the enhanced motor vehicle inspection and maintenance (I/M) program in New Hampshire. New Hampshire continues to implement a test and repair network for an on-board diagnostic (OBD2) testing program. The submitted New Hampshire regulation updates and clarifies the implementation of the New Hampshire I/M program. The intended effect of this action is to approve the updated I/M program regulation into the New Hampshire SIP. This action is being taken in accordance with the Clean Air Act. DATES: This rule is effective on October 25, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2016–0398. All documents in the docket are listed on the https:// www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at https:// www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square— Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to E:\FR\FM\25SER1.SGM 25SER1

Agencies

[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48384-48385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20738]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2018-0622; FRL-9984-35--Region 2]


Adequacy Status of Motor Vehicle Emissions Budgets for the New 
Jersey Portion of the New York-Northern New Jersey-Long Island, NY-NJ-
CT 2008 8-hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of adequacy.

-----------------------------------------------------------------------

SUMMARY: In this document, the Environmental Protection Agency (``EPA'' 
or ``Agency'') is notifying the public that the Agency has found that 
the 2017 motor vehicle emissions budgets (``budgets'') for volatile 
organic compounds (``VOCs'') and nitrogen oxides (``NOX'') 
submitted by the New Jersey Department of Environmental Protection for 
the 2008 national ambient air quality standard (``NAAQS'') for ozone 
are adequate for transportation conformity purposes for the New Jersey 
portions of the New York-Northern New

[[Page 48385]]

Jersey-Long Island, NY-NJ-CT 8-hour ozone nonattainment area. The 
transportation conformity rule) requires that the EPA conduct a public 
process and make an affirmative decision on the adequacy of these 
budgets before they can be used by metropolitan planning organizations 
in conformity determinations. As a result of this finding, upon the 
effective date of this notification of adequacy, the North Jersey 
Transportation Planning Authority must use these budgets in future 
transportation conformity determinations. The budgets are contained in 
New Jersey's December 22, 2017, state implementation plan submittal for 
the 2008 8-hour ozone NAAQS and are associated with the reasonable 
further progress milestone demonstration.

DATES: This finding is effective October 10, 2018.

FOR FURTHER INFORMATION CONTACT: Reema Loutan, Environmental Protection 
Agency Region 2, Air Programs Branch, 290 Broadway, 25th Floor, New 
York, New York 10007-1866; (212) 637-3760, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.
    This document is simply an announcement of a finding that we have 
already made. EPA Region 2 sent a letter to the New Jersey Department 
of Environmental Protection on August 16, 2018, stating that the 2017 
motor vehicle emissions budgets (``budgets'') in the submitted state 
implementation plan (``SIP'') for the 2008 national ambient air quality 
standard for ozone for the New Jersey portions of the New York-Northern 
New Jersey-Long Island, NY-NJ-CT 8-hour ozone nonattainment area are 
adequate for transportation conformity purposes. These budgets are 
associated with the SIP's reasonable further progress milestone 
demonstration and must apply to future transportation conformity 
determinations conducted by the North Jersey Transportation Planning 
Authority (``NJTPA'').
    On December 22, 2017, the New Jersey Department of Environmental 
Protection submitted a SIP revision for the New Jersey portion of the 
New York-Northern New Jersey-Long Island, NY-NJ-CT 2008 8-hour ozone 
nonattainment area. This revision to the SIP included 2017 summer day 
volatile organic compound (``VOC'') and nitrogen oxides 
(``NOX'') motor vehicle emissions budgets associated with 
the SIP's reasonable further progress demonstration. We announced 
availability of the plan and related budgets on the EPA's 
transportation conformity website on February 8, 2018, requesting 
comments by March 12, 2018. We received no comments in response to the 
adequacy review posting.
    This finding will also be available at the EPA's conformity 
website: https://www.epa.gov/state-and-local-transportation/conformity-adequacy-review-region-2.
    The motor vehicle emissions budgets are provided in Table 1 below.

         Table 1--2017 Motor Vehicle Emissions Budgets for NJTPA
                             [Tons per day]
------------------------------------------------------------------------
                     Year                           NOX          VOC
------------------------------------------------------------------------
2017..........................................      103.22        48.69
------------------------------------------------------------------------

    Transportation conformity is required by Clean Air Act section 
176(c). The EPA's conformity rule requires that long-range 
transportation plans, transportation improvement programs, and 
transportation projects conform to a state's air quality SIP and 
establishes the criteria and procedures for determining whether or not 
they conform. Conformity to a SIP means that transportation activities 
will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the NAAQS.
    The criteria the EPA uses to determine whether a SIP's motor 
vehicle emission budgets are adequate for conformity purposes are 
outlined in 40 CFR 93.118(e)(4). We have further described our process 
for determining the adequacy of submitted SIP budgets in 40 CFR 
93.118(f), and we followed this rule in making our adequacy 
determination. Please note that an adequacy review is separate from the 
EPA's completeness review and should not be used to prejudge the EPA's 
ultimate action on the SIP. Even if we find a budget adequate, the SIP 
could later be disapproved.
    Pursuant to 40 CFR 93.104(e), within 2 years of the effective date 
of this document, NJTPA and the U.S. Department of Transportation will 
need to demonstrate conformity to the new budgets. For demonstrating 
conformity to the budgets in this plan, the on-road motor vehicle 
emissions from implementation of the long-range transportation plan 
should be projected consistently with the budgets in this plan.

    Authority:  42 U.S.C. 7401-7671q.

    Dated: September 5, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-20738 Filed 9-24-18; 8:45 am]
 BILLING CODE 6560-50-P