Approval and Promulgation of Implementation Plans; New Jersey;
Revised Motor Vehicle Transportation Conformity Budgets
[Federal Register: June 28, 2004 (Volume 69, Number 123)]
[Proposed Rules]
[Page 36035-36038]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn04-16]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. R02-OAR-2004-NJ-0002, FRL-7779-3]
Approval and Promulgation of Implementation Plans; New Jersey;
Revised Motor Vehicle Transportation Conformity Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a revision to the New Jersey State
Implementation Plan (SIP) transportation conformity budgets for carbon
monoxide and ozone precursors. These budgets are being revised to
reflect updated modeling estimates, as well as updated vehicle
registration data. The intended effect of this action is to approve a
SIP revision that will help the State continue to maintain the carbon
monoxide National Ambient Air Quality Standards (NAAQS) and to continue
progress in attainment of the 1-hour NAAQS for ozone in the Northern
New Jersey-New York-Long Island nonattainment area (NAA).
DATES: Comments must be received on or before July 28, 2004. Public
comments on this action are requested and will be considered before
taking final action.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R02-OAR-2004-NJ-0002 by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/ Regional Material
in EDocket (RME), EPA's electronic public docket and comment system, is
EPA's preferred method for receiving comments. Once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
3. E-mail: Werner.Raymond@epa.gov
4. Fax: (212) 637-3901.
5. Mail: ``RME ID Number R02-OAR-2004-NJ-0002'', Raymond Werner,
Chief, Air Programs Branch, Environmental Protection Agency, Region 2
Office, 290 Broadway, 25th Floor, New York, New York 10007-1866.
6. Hand Delivery or Courier. Deliver your comments to: Raymond
Werner,
[[Page 36036]]
Chief, Air Programs Branch, Environmental Protection Agency, Region 2
Office, 290 Broadway, 25th Floor, New York, New York 10007-1866. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID Number R02-OAR-2004-NJ-0002. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://docket.epa.gov/rmepub/, including
any personal information provided, unless the comment includes
information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Do not
submit information that you consider to be CBI or otherwise protected
through Regional Material in EDocket (RME), regulations.gov, or e-mail.
The EPA RME Web site and the federal regulations.gov Web site are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD--ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/.
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 either electronically in RME or in hard copy at the Air
Programs Branch, Environmental Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New York 10007-1866. EPA requests that
if at all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Reema Persaud, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4249, persaud.reema@epa.gov.
SUPPLEMENTARY INFORMATION: This document is being proposed under a
procedure called parallel processing. Under parallel processing, EPA
proposes action on a state submission before it has been formally
adopted and submitted to EPA, and will take final action on its
proposal if the final submission is substantially unchanged from the
submission on which the proposal is based, or if significant changes in
the final submission are anticipated and adequately described in EPA's
proposal as a basis for EPA's proposed action.
New Jersey held a public hearing on its proposed SIP revision on
April 14, 2004. If New Jersey's proposed SIP revision is substantially
changed, EPA will evaluate those changes and may publish another notice
of proposed rulemaking. If no substantial changes are made, EPA will
take final action on the State's plan consistent with this proposal and
any submitted comments. Before EPA can approve this SIP revision, New
Jersey must adopt the SIP revision and submit it formally to EPA for
incorporation into the SIP.
Table of Contents
1. Background
2. What is MOBILE6?
3. What is the purpose and content of New Jersey's submittal?
4. Are New Jersey's motor vehicle emissions budgets approvable?
5. Summary of Conclusions and Proposed Action
6. Statutory and Executive Order Reviews
1. Background
All states whose attainment demonstrations or maintenance plans
included interim MOBILE5-based estimates for EPA's Tier 2 standards
were required to revise and resubmit their budgets within 1 or 2 years
of the final release of MOBILE6 in order to gain SIP approval. On
January 31, 2003, New Jersey submitted its first MOBILE6 submittal.
This SIP submittal demonstrated the continued attainment of the ozone
standard, and was approved by EPA on May 5, 2003, see 68 FR 23662.
On March 15, 2004, New Jersey submitted a, SIP revision
(hereinafter referred to as the March 15, 2004 submittal) that
demonstrated the continued attainment of the CO standard using MOBILE6
modeling. The previous MOBILE5-based CO estimates were approved by EPA
on July 25, 1996, see 61 FR 38591. Also included in the March 15, 2004
revision were revised budgets for the one-hour ozone attainment
demonstration using 2002 vehicle registration data for the New Jersey
portions of the two severe ozone NAAs--the New York-Northern New
Jersey-Long Island Area, the Northern New Jersey NAA and the Trenton-
Philadelphia-Wilmington NAA.
2. What Is MOBILE6?
MOBILE6 is an EPA emissions factor model for estimating pollution
from on-road motor vehicles in states outside of California. MOBILE
calculates emissions of volatile organic compounds (VOCs), nitrogen
oxides (NOX) and carbon monoxide (CO) from passenger cars,
motorcycles, buses, and light-duty and heavy-duty trucks. The model
accounts for the emission impacts of factors such as changes in vehicle
emission standards, changes in vehicle populations and activity, and
variation in local conditions such as temperature, humidity, fuel
quality, and air quality programs. Further details on MOBILE models can
be found in EPA's final approval of the State's 2003 MOBILE6 SIP
revision at 68 FR 23662 (May 5, 2003), and also at
http://www.epa.gov/otaq/mobile6.html.
3. What Is the Purpose and Content of New Jersey's Submittal?
The purpose of the SIP revision the State submitted on March 15,
2004 is to revise the existing CO budget estimates using MOBILE6, and
to incorporate updated 2002 vehicle registration data that has recently
been made available to New Jersey. The CO budgets are being updated to
ensure consistency with the requirement that New Jersey Metropolitan
Planning Organizations (MPOs) use EPA's latest MOBILE model for their
conformity determinations. The VOC and NOX budgets for the
North Jersey Transportation Planning Authority are also being updated
to incorporate the 2002 vehicle registration information.
4. Are New Jersey's Motor Vehicle Emissions Budgets Approvable?
Table 1 below summarizes New Jersey's revised budgets contained in
the
[[Page 36037]]
March 15, 2004 submittal. These budgets were developed using the latest
planning assumptions, including the latest MOBILE model, 2002 vehicle
registration data, VMT, speeds, fleet mix, and SIP control measures.
For the North Jersey Transportation Planning Authority (NJTPA) the 2005
VOC and NOX budgets are revised budgets based on the
Reasonable Further Progress (RFP) Plans, while the 2007 VOC and
NOX budgets are revised attainment year budgets. The CO
budgets are updated maintenance budgets using MOBILE6 modeling, as well
as 2002 vehicle registration data. EPA is proposing to approve all of
these budgets.
The MOBILE6 modeling predicts an increase in the NOX
budget of 3.01 tons per day and a reduction in the VOC budget of 13.7
tons per day for NJTPA in 2005. Also, the updated modeling estimates an
increase in the NOX budget of 1.15 tons per day and a
reduction in the VOC budget of 12.95 tons per day in 2007. The March
15, 2004 submittal demonstrated that the new levels of motor vehicle
budgets calculated using MOBILE6, compared to MOBILE5 based budgets,
continue to support achievement of the rate of progress requirements
and projected attainment of the 1-hour ozone NAAQS for the Northern New
Jersey nonattainment area by 2007.
Generally, EPA's updated version of the motor vehicle emissions
model, MOBILE6 results in greater emission when compared to MOBILE5.
The emission factors generated by the MOBILE6 modeling are higher than
those estimated with the MOBILE5 model in the years before 2007. When
comparing budgets generated for 1997 there was an increase in the
budgets of 860.31 tons of CO per day when compared to MOBILE5 modeling.
However, the monitored CO concentrations continue to indicate a
downward trend. Similarly, through MOBILE6 modeling, estimates for the
Northern New Jersey maintenance area for year 2007 indicate an increase
in the CO budget of 290.98 tons per day, and an increase of 115.18 tons
per day for the year 2014 over the emission estimates of prior budgets.
EPA attributes the increased emissions to the way the MOBILE models
calculates emissions, rather than an increase in emission trends. Since
future conformity determinations will be modeled using MOBILE6, the
revised emission budgets are appropriate.
The CO updates for SJTPO indicated a 32.55 tons per winter day
increase in the estimated conformity budgets for Atlantic County and
0.88 tons per winter day increase for Salem County. The updated budgets
for CO for DVRPC indicate a 32.85 tons per winter day increase for
Burlington County, and 20.4 tons per winter day increase for Mercer
County, and 13.96 tons per winter day decrease in the CO budget for
Camden County. As discussed above, the changes to the CO emission
budgets do not affect the CO maintenance plan trends. There continues
to be a downward trend in CO emissions, therefore EPA proposes to
approve these budgets.
The March 15, 2004 SIP revision demonstrated that the updated
budgets continue to support the predicted achievements of the rate of
progress and the projected attainment of the 1-hour ozone NAAQS for
Northern New Jersey/New York City/Long Island nonattainment area by
attainment date 2007. The SIP submittal also indicates that with the
MOBILE6 modeling together with the downward CO air quality monitoring
trends, emission trends over time are still downward, so the updates to
the CO budgets do not affect the continued maintenance of the CO NAAQS
for each CO maintenance area.
Table 1.--New Jersey Motor Vehicle Emissions Budgets
--------------------------------------------------------------------------------------------------------------------------------------------------------
CO emissions (tons per winter day) VOC emissions (tons per NOX emissions (tons per
--------------------------------------------------------- ozone day) ozone day)
-------------------------------------------------------
1997 2007 2014 2005 2007 2005 2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Jersey Transportation Planning \1\1550.74 783.39 605.63 \2\ 148.27 \2\ 125.82 \2\ 253.06 \2\ 198.34
Authority (NJTPA).
South Jersey Transportation Planning \3\ NA Atlantic Co. NA NA NA NA NA
Organization (SJTPO). 91.68
Salem Co.
31.99
Delaware Valley Regional Planning NA Burlington Co. NA NA NA NA NA
Commission (DVRPC). 170.43
Camden Co.
149.73
Mercer Co.
128.49
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For Passaic, Bergen, Essex, Hudson and Union counties.
\2\ For all counties within the MPO.
\3\ NA--Budgets revisions not applicable.
5. Summary of Conclusions and Proposed Action
This revision is being proposed under a procedure called parallel
processing, whereby EPA proposes rulemaking action concurrently with
the State's procedures for amending its regulations. If the proposed
revision is substantially changed, EPA will evaluate those changes and
may publish another notice of proposed rulemaking. If no substantial
changes are made, EPA will publish a final rulemaking on the revisions.
The final rulemaking action by EPA will occur only after the SIP
revision has been adopted by New Jersey and submitted formally to EPA
for incorporation into the SIP.
EPA is proposing to approve New Jersey's proposed SIP revision
submitted on March 15, 2004. The submittal revises New Jersey's
transportation conformity budgets for CO and ozone precursors. MOBILE6
modeling, which incorporated 2002 vehicle registration data indicates
that together with the downward CO air quality monitoring trends,
emission trends over time are still downward and the updates to the CO
budgets do not affect the continued maintenance of the CO NAAQS for
each CO maintenance area. The updated volatile organic
[[Page 36038]]
compound and oxides of nitrogen budgets continue to support the
predicted achievements of the rate of progress and the projected
attainment of the 1-hour ozone NAAQS for Northern New Jersey/NewYork
City/Long Island nonattainment area by the attainment date of 2007.
6. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Public Law 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (59 FR 22951, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 17, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 04-14605 Filed 6-25-04; 8:45 am]
BILLING CODE 6560-50-P
![[logo] US EPA](https://webarchive.library.unt.edu/eot2008/20090510210451im_/http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}