
[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]


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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.

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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 http://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 http://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]
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                                                                  Onroad  mobile  Nonroad mobile
             County                Point sources   Area sources       sources         sources          Total
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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
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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.
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    \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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    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]
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                                                             2013-2014
                                                           Design value
                   Monitoring location                      (parts per
                                                             million)
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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: http://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


