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Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of New Jersey; Revised Policy Regarding Applicability of Oxygenated Fuels Requirements
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 7, 1995 (Volume 60, Number 235)]
[Rules and Regulations]
[Page 62741-62748]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[Region II Docket No. 146, NJ23-1-7243(a); FRL-5322-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of New Jersey;
Revised Policy Regarding Applicability of Oxygenated Fuels Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
SUMMARY: On June 9, 1995, the New Jersey Department of Environmental
Protection (NJDEP) submitted requests to redesignate the Camden County
nonattainment area and nine not-classified areas from nonattainment to
attainment for carbon monoxide (CO). Under the Clean Air Act as amended
in 1990 (CAA), designations can be revised if sufficient data is
available to warrant such revisions. In this action, EPA is approving
the New Jersey requests because they meet the redesignation
requirements set forth in the CAA, which include the submittal of
maintenance plans.
In addition, EPA is approving two related State Implementation Plan
(SIP) submissions by NJDEP. On November 15, 1992, NJDEP submitted a
final 1990 base year emission inventory for CO emissions. This includes
emissions data for the entire State for all sources of CO in New
Jersey's CO nonattainment areas. NJDEP also submitted contingency
measures in the event the State fails to maintain the national ambient
air quality standards for CO or if its vehicle miles travelled forecast
is exceeded. In this action, EPA is approving New Jersey's CO emissions
inventory submission and contingency measures.
EFFECTIVE DATES: This final rule is effective on February 5, 1996
unless adverse or critical comments are received by January 8, 1996. If
the effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: William S. Baker,
Chief, Air Programs Branch,
[[Page 62742]]
Environmental Protection Agency, Region II Office, 290 Broadway, New
York, New York 10007-1866.
Copies of the State submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
290 Broadway, 20th Floor, New York, New York 10007-1866
New Jersey Department of Environmental Protection, Office of Energy,
Bureau of Air Quality Planning, 401 East State Street, CN027, Trenton,
New Jersey 08625.
FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs
Branch, Environmental Protection Agency, Region II Office, 290
Broadway, New York, New York 10007-1866, (212)637-4249.
SUPPLEMENTARY INFORMATION:
I. Background
Camden County was designated nonattainment for CO under the
provisions of sections 186 and 187 of the CAA. Because the area had a
design value of 11.6 parts per million based on 1988 and 1989 data, the
area was classified moderate. [See 56 FR 56694 (Nov. 6, 1991) and 57 FR
56762 (Nov. 30, 1992), codified at 40 CFR part 81, section 81.331.]
This design value was based on ambient CO data recorded in the City of
Philadelphia, which is in the Philadelphia-Wilmington-Trenton
Consolidated Metropolitan Statistical Area (CMSA). For moderate CO
nonattainment areas, the CAA requires that air quality must attain the
National Ambient Air Quality Standard (NAAQS) by December 31, 1995. The
last exceedance of the CO NAAQS in Camden County occurred in 1989.
In addition, nine areas were designated as not-classified
nonattainment under section 107(d)(1)(C) of the CAA. Three of these
not-classified areas, the City of Trenton, the City of Burlington and
the Borough of Penns Grove (part), are located within the PhiladelphiaWilmington
-Trenton CMSA. Five of the not-classified areas, the Borough
of Freehold, the City of Morristown, the City of Perth Amboy, the City
of Toms River and the Borough of Somerville, are located in the New
York-Northern New Jersey-Long Island (NY-NJ-LI) CMSA. The remaining
not-classified area is the City of Atlantic City, which is not
contained within a CMSA. The oxygenated gasoline requirements
applicable to each of these areas depend upon its location in the
State. These requirements are discussed in section III.5 of this
notice.
The nine areas were considered ``not-classified'' because air
quality data collected during the period 1988 and 1989 showed that the
NAAQS were met or because the data were not available. In those
instances where air quality was no longer being monitored,
concentrations measured in prior years had fallen well below the CO
NAAQS.
In an effort to comply with the CAA and to ensure continued
attainment of the NAAQS, on September 28, 1995, the State of New Jersey
submitted CO redesignation requests and maintenance plans for Camden
County and the nine not-classified areas. This submittal contained
evidence that public hearings were held on September 8, 1995.
II. Evaluation Criteria
Section 107(d)(3)(E) of the CAA provides five specific requirements
that an area must meet in order to be redesignated from nonattainment
to attainment.
The area must have attained the applicable NAAQS.
The area must have a fully approved SIP under section 110(k) of
the CAA.
The air quality improvement must be permanent and enforceable.
The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA.
The area must meet all applicable requirements under section 110
and Part D of the CAA.
III. Review of State Submittal
EPA has determined that the information received from the NJDEP
constitutes complete redesignation requests under the general
completeness criteria of 40 CFR part 51, appendix V, sections 2.1 and
2.2.
Additionally, the New Jersey redesignation requests for Camden
County and the nine not-classified areas meet the five requirements of
section 107(d)(3)(E), noted earlier. The following is a brief
description of how the State has fulfilled each of these requirements.
Attainment of the CO NAAQS
New Jersey has quality-assured CO ambient air monitoring data
showing that Camden County and the nine not-classified areas have met
the CO NAAQS. These requests are based on an analysis of qualityassured
CO air monitoring data which is relevant to the maintenance
plan and to the redesignation request. To attain the CO NAAQS, an area
must have complete quality-assured data showing no more than one
exceedance of the standard per year over at least two consecutive
years. CO monitoring data from calendar year 1990 through calendar year
1994 shows that no violations of the CO NAAQS have occurred. Camden
County and the nine not-classified areas have complete quality assured
data showing no more than one exceedance of the NAAQS per year over the
most recent two complete years of data (1993 and 1994). In fact, the
nine not-classified areas have not violated the NAAQS since 1987. In
addition, the most recent ambient CO data for calendar year 1995 shows
no exceedances of the NAAQS to date in Camden County or in the nine
not-classified areas. EPA finds that all of these areas have met the
first statutory criterion for attainment of the CO NAAQS (40 CFR 50.9
and appendix C).
Furthermore, air quality data for the Philadelphia portion of the
Philadelphia-Wilmington-Trenton CMSA shows that the remainder of the
nonattainment area has met the CO NAAQS since 1990. Therefore, air
quality in the entire CMSA has been meeting the CO standards since
1990.
2. Fully Approved SIP Under Section 110(k) of the CAA
New Jersey's September 28, 1995 CO SIP revision is fully approved
by EPA as meeting all the requirements of section 110(a)(2)(I) of the
CAA, including the requirements of Part D (relating to nonattainment),
which were due prior to the date of New Jersey's redesignation request.
The 1990 CAA required that nonattainment areas meet specific new
requirements depending on the severity of the nonattainment
classification. Requirements for Camden County and the nine notclassified
areas include the preparation of a 1990 emission inventory
with periodic updates and the development of contingency measures. Each
of these requirements added by the 1990 CAA are discussed in greater
detail below.
A. Part D New Source Review Requirements
Consistent with the October 14, 1994 EPA guidance from Mary D.
Nichols entitled ``Part D New Source Review (Part D NSR) Requirements
for Areas Requesting Redesignation to Attainment,'' EPA is not
requiring full approval of a Part D NSR program by New Jersey as a
prerequisite to redesignation to attainment. Under this guidance,
nonattainment areas may be redesignated to attainment notwithstanding
the lack of a fully approved Part D NSR program so long as the program
is not relied upon for maintenance. New Jersey has not relied on a NSR
program for CO sources to maintain attainment. Because Camden
[[Page 62743]]
County and nine not-classified areas are being redesignated to
attainment by this action, New Jersey's Prevention of Significant
Deterioration requirements will be applicable to new or modified
sources in Camden County and the nine not-classified areas.
B. Emission Inventory
New Jersey submitted a CO base year inventory for the entire State
to EPA on November 15, 1992. On November 21, 1994, New Jersey submitted
a technical update to the CO emission inventory for Bergen, Essex,
Hudson, Passaic, and Union Counties. On September 28, 1995, New Jersey
updated the CO emission inventory for the Camden County moderate
nonattainment area and nine not classified nonattainment areas. These
inventories are required under section 187(a)(1) of the CAA.
New Jersey's base year inventory used a three month CO season of
November 1990 through February 1991. The inventory included emissions
estimates from stationary point, stationary area, on-road mobile, and
nonroad mobile sources of CO. These emission estimates were prepared in
accordance with EPA guidance.
Table A presents a summary of the CO peak season daily emissions
estimates in tons per winter day for Camden County and the nine not
classified areas. Table B presents a summary of the CO peak season
daily emissions estimates in tons per winter day for the remaining
nonattainment areas in the State.
Table A.--Summary of CO Peak Season Daily Emissions Estimates
2007
1990 Base Projected
year CO CO
inventory inventory
(tons per (tons per
day) day)
1990 Base
year CO
emission
Nonattainment area inventory
(tons per
day)
New Jersey--Carbon Monoxide
Designation Classification
Date\1\ Type Date\1\ Type
Atlantic City Area:
The City of Atlantic
City.
Burlington Area:
City of Burlington.
Freehold Area:
Borough of Freehold.
Morristown Area:
of Morristown.
New York-N. New Jersey-Long
Island Area:
Passaic County (part):
Penns Grove Area:
Borough of Penns Grove.
Those portions within
100 yards of the
intersections of U.S.
Route 130 and County
Roads 675 & 607.
Perth Amboy Area:
City of Perth Amboy.
Philadelphia-Camden County
Area:
Somerville Area:
Borough of Somerville.
Toms River Area:
of Toms River.
Trenton Area:
of Trenton.
Interstate (Remainder of). Attainment..
Middlesex County (part)
area outside of Perth
Amboy.
Monmouth County (part)
area outside of Freehold.
Morris County (part) area
outside of Morristown.
Passaic County (part)
area outside Clifton,
Patterson, and Passaic.
Somerset County (part)
area outside of
Somerville.
Interstate (Remainder of). Attainment.
Burlington County (part)
Area outside Burlington.
Gloucester County........
Mercer County (part) Area
outside Trenton.
Salem County (part) Area
outside Penns Grove Area.
Intrastate. Attainment.
Atlantic County (part)
Area outside Atlantic
City.
Cape May County..........
Cumberland County........
Ocean County (part) Area
outside Toms River.
Delaware Valley. Attainment.
Hunterdon County.........
Sussex County ...........
Warren County ...........
\1\ This date is November 15, 1990, unless otherwise noted.