83 FR 48384 - 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

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range		48384-48385
FR Document		2018-20738

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 (``NO<INF>X</INF>'') 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 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.

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)

[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48384-48385]
From the Federal Register Online  [www.thefederalregister.org]
[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

48384 Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations

of the Paperwork Reduction Act (44 country, the rule does not have tribal be challenged later in proceedings to
U.S.C. 3501 et seq.); implications as specified by Executive enforce its requirements. See section
• Is certified as not having a Order 13175 (65 FR 67249, November 9, 307(b)(2).
significant economic impact on a 2000), nor will it impose substantial
substantial number of small entities List of Subjects in 40 CFR Part 52
direct costs on tribal governments or
under the Regulatory Flexibility Act (5 preempt tribal law. Environmental protection, Air
U.S.C. 601 et seq.); The Congressional Review Act, 5 pollution control, Carbon monoxide,
• Does not contain any unfunded U.S.C. 801 et seq., as added by the Small Incorporation by reference,
mandate or significantly or uniquely Business Regulatory Enforcement Intergovernmental relations, Lead,
affect small governments, as described Fairness Act of 1996, generally provides Nitrogen dioxide, Ozone, Particulate
in the Unfunded Mandates Reform Act that before a rule may take effect, the matter, Reporting and recordkeeping
of 1995 (Pub. L. 104–4); agency promulgating the rule must requirements, Sulfur oxides, Volatile
• Does not have Federalism submit a rule report, which includes a organic compounds.
implications as specified in Executive copy of the rule, to each House of the
Order 13132 (64 FR 43255, August 10, Dated: September 11, 2018.
Congress and to the Comptroller General
1999); Onis ‘‘Trey’’ Glenn, III,
of the United States. The EPA will
• Is not an economically significant Regional Administrator, Region 4.
submit a report containing this action
regulatory action based on health or
and other required information to the 40 CFR part 52 is amended as follows:
safety risks subject to Executive Order
U.S. Senate, the U.S. House of
13045 (62 FR 19885, April 23, 1997);
Representatives, and the Comptroller PART 52—APPROVAL AND
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR General of the United States prior to PROMULGATION OF
28355, May 22, 2001); publication of the rule in the Federal IMPLEMENTATION PLANS
• Is not subject to requirements of Register. A major rule cannot take effect
section 12(d) of the National until 60 days after it is published in the ■ 1. The authority citation for part 52
Technology Transfer and Advancement Federal Register. This action is not a continues to read as follows:
Act of 1995 (15 U.S.C. 272 note) because ‘‘major rule’’ as defined by 5 U.S.C. Authority: 42.U.S.C. 7401 et seq.
application of those requirements would 804(2).
be inconsistent with the CAA; and Under section 307(b)(1) of the CAA, Subpart II—North Carolina
• Does not provide the EPA with the petitions for judicial review of this
discretionary authority to address, as action must be filed in the United States ■ 2. In § 52.1770, the table in paragraph
appropriate, disproportionate human Court of Appeals for the appropriate (e) is amended by adding the entry
health or environmental effects, using circuit by November 26, 2018. Filing a ‘‘North Carolina Removal of 26 Counties
practicable and legally permissible petition for reconsideration by the from Inspection and Maintenance
methods, under Executive Order 12898 Administrator of this final rule does not Program and 110(l) Non-Interference
(59 FR 7629, February 16, 1994). affect the finality of this action for the Demonstration’’ at the end of the table
The SIP is not approved to apply on purposes of judicial review nor does it to read as follows:
any Indian reservation land or in any extend the time within which a petition
other area where the EPA or an Indian for judicial review may be filed, and § 52.1770 Identification of plan.
tribe has demonstrated that a tribe has shall not postpone the effectiveness of * * * * *
jurisdiction. In those areas of Indian such rule or action. This action may not (e) * * *

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective EPA approval
Provision Federal Register citation Explanation
date date

* * * * * * *
North Carolina Removal of 26 Counties from Inspection 11/17/2017 9/25/2018 [insert Federal Register ci-
and Maintenance Program and 110(l) Non-Inter- tation].
ference Demonstration.

[FR Doc. 2018–20748 Filed 9–24–18; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Notification of adequacy.
BILLING CODE 6560–50–P AGENCY
SUMMARY: In this document, the
40 CFR Part 52 Environmental Protection Agency
(‘‘EPA’’ or ‘‘Agency’’) is notifying the
[Docket No. EPA–R02–OAR–2018–0622; public that the Agency has found that
FRL–9984–35—Region 2] the 2017 motor vehicle emissions
budgets (‘‘budgets’’) for volatile organic
Adequacy Status of Motor Vehicle compounds (‘‘VOCs’’) and nitrogen
oxides (‘‘NOX’’) submitted by the New
daltland on DSKBBV9HB2PROD with RULES

Emissions Budgets for the New Jersey
Portion of the New York-Northern New Jersey Department of Environmental
Jersey-Long Island, NY–NJ–CT 2008 Protection for the 2008 national ambient
8-hour Ozone Nonattainment Area air quality standard (‘‘NAAQS’’) for
ozone are adequate for transportation
AGENCY: Environmental Protection conformity purposes for the New Jersey
Agency (EPA). portions of the New York-Northern New

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Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations 48385

Jersey-Long Island, NY–NJ–CT 8-hour demonstration. We announced Dated: September 5, 2018.
ozone nonattainment area. The availability of the plan and related Peter D. Lopez,
transportation conformity rule) requires budgets on the EPA’s transportation Regional Administrator, Region 2.
that the EPA conduct a public process conformity website on February 8, 2018, [FR Doc. 2018–20738 Filed 9–24–18; 8:45 am]
and make an affirmative decision on the requesting comments by March 12, BILLING CODE 6560–50–P
adequacy of these budgets before they 2018. We received no comments in
can be used by metropolitan planning response to the adequacy review
organizations in conformity posting. ENVIRONMENTAL PROTECTION
determinations. As a result of this This finding will also be available at AGENCY
finding, upon the effective date of this the EPA’s conformity website: https://
notification of adequacy, the North www.epa.gov/state-and-local- 40 CFR Part 52
Jersey Transportation Planning transportation/conformity-adequacy- [EPA–R01–OAR–2016–0398; FRL–9983–
Authority must use these budgets in review-region-2. 99—Region 1]
future transportation conformity
The motor vehicle emissions budgets
determinations. The budgets are Air Plan Approval; New Hampshire;
are provided in Table 1 below.
contained in New Jersey’s December 22, Updates to Enhanced Motor Vehicle
2017, state implementation plan Inspection and Maintenance Program
submittal for the 2008 8-hour ozone TABLE 1—2017 MOTOR VEHICLE Regulation
NAAQS and are associated with the EMISSIONS BUDGETS FOR NJTPA
reasonable further progress milestone [Tons per day] AGENCY: Environmental Protection
demonstration. Agency (EPA).
Year NOX VOC ACTION: Final rule.
DATES: This finding is effective October
10, 2018. 2017 ...................... 103.22 48.69 SUMMARY: The Environmental Protection
FOR FURTHER INFORMATION CONTACT: Agency (EPA) is approving a State
Reema Loutan, Environmental Transportation conformity is required Implementation Plan (SIP) revision
Protection Agency Region 2, Air by Clean Air Act section 176(c). The submitted by the State of New
Programs Branch, 290 Broadway, 25th EPA’s conformity rule requires that Hampshire. This revision includes an
Floor, New York, New York 10007– long-range transportation plans, amended regulation for the enhanced
1866; (212) 637–3760, loutan.reema@ transportation improvement programs, motor vehicle inspection and
epa.gov. and transportation projects conform to a maintenance (I/M) program in New
SUPPLEMENTARY INFORMATION: state’s air quality SIP and establishes the Hampshire. New Hampshire continues
Throughout this document, whenever criteria and procedures for determining to implement a test and repair network
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean whether or not they conform. for an on-board diagnostic (OBD2)
the EPA. Conformity to a SIP means that testing program. The submitted New
This document is simply an transportation activities will not Hampshire regulation updates and
announcement of a finding that we have clarifies the implementation of the New
produce new air quality violations,
already made. EPA Region 2 sent a letter Hampshire I/M program. The intended
worsen existing violations, or delay
to the New Jersey Department of effect of this action is to approve the
timely attainment of the NAAQS.
Environmental Protection on August 16, updated I/M program regulation into the
The criteria the EPA uses to New Hampshire SIP. This action is
2018, stating that the 2017 motor determine whether a SIP’s motor vehicle
vehicle emissions budgets (‘‘budgets’’) being taken in accordance with the
emission budgets are adequate for Clean Air Act.
in the submitted state implementation conformity purposes are outlined in 40
plan (‘‘SIP’’) for the 2008 national DATES: This rule is effective on October
CFR 93.118(e)(4). We have further 25, 2018.
ambient air quality standard for ozone described our process for determining
for the New Jersey portions of the New ADDRESSES: EPA has established a
the adequacy of submitted SIP budgets
York-Northern New Jersey-Long Island, docket for this action under Docket
in 40 CFR 93.118(f), and we followed
NY–NJ–CT 8-hour ozone nonattainment Identification No. EPA–R01–OAR–
this rule in making our adequacy
area are adequate for transportation 2016–0398. All documents in the docket
determination. Please note that an
conformity purposes. These budgets are are listed on the https://
adequacy review is separate from the
associated with the SIP’s reasonable www.regulations.gov website. Although
EPA’s completeness review and should
further progress milestone listed in the index, some information is
not be used to prejudge the EPA’s
demonstration and must apply to future not publicly available, i.e., CBI or other
ultimate action on the SIP. Even if we
transportation conformity information whose disclosure is
find a budget adequate, the SIP could
determinations conducted by the North restricted by statute. Certain other
later be disapproved.
Jersey Transportation Planning material, such as copyrighted material,
Authority (‘‘NJTPA’’). Pursuant to 40 CFR 93.104(e), within is not placed on the internet and will be
On December 22, 2017, the New 2 years of the effective date of this publicly available only in hard copy
Jersey Department of Environmental document, NJTPA and the U.S. form. Publicly available docket
Protection submitted a SIP revision for Department of Transportation will need materials are available at https://
the New Jersey portion of the New York- to demonstrate conformity to the new www.regulations.gov or at the U.S.
Northern New Jersey-Long Island, NY– budgets. For demonstrating conformity Environmental Protection Agency, EPA
NJ–CT 2008 8-hour ozone to the budgets in this plan, the on-road Region 1 Regional Office, Office of
daltland on DSKBBV9HB2PROD with RULES

nonattainment area. This revision to the motor vehicle emissions from Ecosystem Protection, Air Quality
SIP included 2017 summer day volatile implementation of the long-range Planning Unit, 5 Post Office Square—
organic compound (‘‘VOC’’) and transportation plan should be projected Suite 100, Boston, MA. EPA requests
nitrogen oxides (‘‘NOX’’) motor vehicle consistently with the budgets in this that if at all possible, you contact the
emissions budgets associated with the plan. contact listed in the FOR FURTHER
SIP’s reasonable further progress Authority: 42 U.S.C. 7401–7671q. INFORMATION CONTACT section to

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Document Created: 2018-09-25 00:22:07
Document Modified: 2018-09-25 00:22:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notification of adequacy.
Dates		This finding is effective October 10, 2018.
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]
FR Citation		83 FR 48384