Approval and Promulgation of Implementation Plans; New Jersey Reasonable Further Progress Plans, Reasonably Available Control Technology, Reasonably Available Control Measures and Conformity Budgets, 22837-22840 [E9-11158]
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Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations
during the period from July 1, 2008
through September 30, 2008.
d. The product of the calculation in
2.3c will represent the USPSdetermined threshold level for the
selected applicant.
2.4 Application
Mailers meeting the eligibility criteria
will be contacted by letter, describing
the application process and
requirements. Mailers interested in
applying will be provided with a
registration Web site and their USPSdetermined threshold level. Mailers
meeting the eligibility standards under
709.2.2, and not notified by letter, may
request a review of their eligibility by
contacting the USPS at
summersale@usps.gov. Mailers wishing
to dispute their threshold level
calculations will be provided with
instructions on that process. Following
registration, mailers will be notified of
their approval for participation in the
program, their approved threshold level,
and their revised threshold level (if
applicable).
2.5 Program Participation
Mailers may participate in the
program with qualifying volume as
follows:
a. Standard Mail letter and flat
volume mailed by the participant
through the participant’s own permit
imprint advance account, precanceled
stamp permit(s), or postage meter
permit(s);
b. Standard Mail letter and flat
volume prepared by a mail service
provider, when entered through a
permit owned by the participant;
c. Standard Mail letter and flat pieces
mailed through a mail service provider’s
permit, only when the pieces can be
identified as being prepared for the
participant and when the applicant’s
prior mailing activity through the mail
service provider’s permit can be
validated.
2.6 Incentive Program Credits
Approved participants demonstrating
an increase in Standard Mail letter and
flat volume above their approved
threshold level qualify for a credit to
their applicable permit imprint advance
account or, if approved, the permit
imprint advance account of a designated
mail service provider as follows:
a. The total postage paid for
commercial and Nonprofit Standard
Mail letters and flats recorded during
the program will be identified for each
participant.
b. The total postage paid during the
program period will be divided by the
total number of recorded pieces to
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14:00 May 14, 2009
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generate the average price per piece for
the program period.
c. Participants will receive a credit in
the amount of 30 percent of the average
price per piece applied to the total
number of mailpieces, for the
incremental volume above their
approved threshold level, recorded
during the program period.
2.7 Mailing Activity Review
Mailing activity by participants will
be reviewed in the calendar month
following the end of the program. The
qualifying volume recorded for
participants may be adjusted in
accordance with the following:
a. The participant’s previously
determined volume trend will be
applied to the volume of Standard Mail
letters and flats mailed by the
participant within the month of October
2008, to determine the program
participant’s October 2009 expected
volume.
b. The participant’s actual October
2009 volume will then be compared to
their October 2009 expected volume.
c. Participants failing to meet their
October 2009 expected volume will
have any shortfall in volume deducted
from the number of mailpieces eligible
for an incentive credit within the
program.
*
*
*
*
*
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9–11321 Filed 5–14–09; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2008–0497, FRL–8905–7]
Approval and Promulgation of
Implementation Plans; New Jersey
Reasonable Further Progress Plans,
Reasonably Available Control
Technology, Reasonably Available
Control Measures and Conformity
Budgets
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is approving portions of
two State Implementation Plan revisions
submitted by New Jersey that are
intended to meet several Clean Air Act
(Act) requirements for attaining the 0.08
part per million (ppm) 8-hour ozone
national ambient air quality standards.
EPA is approving: the 2008 reasonable
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22837
further progress plans and associated
2008 ozone projection year emission
inventories, contingency measures for
the 2008 reasonable further progress
plans, 2008 conformity budgets used for
planning purposes, and the reasonably
available control measure analysis. In
addition, EPA is conditionally
approving New Jersey’s efforts to meet
the reasonably available control
technology requirement. The intended
effect of this action is to approve those
programs that meet Act requirements
and to further achieve emission
reductions that will be critical to
attainment of the national ambient air
quality standard for ozone in New
Jersey’s two nonattainment areas.
DATES: Effective Date: This rule is
effective on June 15, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2008–0497. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 through
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Region II Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
York, New York 10007–1866. This
Docket Facility is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding legal holidays. The Docket
telephone number is 212–637–4249.
FOR FURTHER INFORMATION CONTACT:
Raymond Forde
(forde.raymond@epa.gov) concerning
emission inventories and reasonable
further progress and Paul Truchan
(truchan.paul@epa.gov) concerning
other portions of the SIP revision, Air
Programs Branch, Environmental
Protection Agency, 290 Broadway, 25th
Floor, New York, New York 10007–
1866, (212) 637–4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA taking?
II. What was included in New Jersey’s SIP
submittals?
III. What comments were received?
IV. What SIP Elements is EPA approving?
A. Emission Inventories
B. Reasonable Further Progress Plans
C. Contingency Measures
D. RACT for Stationary Sources
E. RACM Analysis
F. Conformity Budgets
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15MYR1
22838
Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations
V. What are EPA’s conclusions?
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
The Environmental Protection Agency
(EPA) has reviewed elements of New
Jersey’s comprehensive State
Implementation Plan (SIP) revision for
the 0.08 ppm 8-hour ozone national
ambient air quality standards (NAAQS
or standard) 1 along with other related
Clean Air Act (Act) requirements
necessary to insure attainment of the
standard. The EPA is approving: the
2008 reasonable further progress (RFP)
plans and associated 2008 ozone
projection emission inventories,
contingency measures for the 2008
reasonable further progress plans, 2008
conformity budgets used for planning
purposes, and the reasonably available
control measure analysis, because the
State of New Jersey’s Department of
Environmental Protection (NJDEP) has
fully addressed the Act’s requirements.
In addition, EPA is conditionally
approving the RACT SIP for the 8-hour
ozone NAAQS based on New Jersey’s
March 20, 2009 adoption of the
additional RACT rules it committed to
adopt for 13 source categories.
For additional details on EPA’s
analysis and findings the reader is
referred to the proposal published in the
January 16, 2009 Federal Register (74
FR 2945) and a more detailed discussion
is contained in the Technical Support
Document which is available on line at
https://www.regulations.gov, Docket
number EPA–R02–OAR–2008–0497.
II. What was included in New Jersey’s
SIP submittals?
After completing the appropriate
public notice and comment procedures,
New Jersey made a series of submittals
in order to address the Act’s 8-hour
ozone attainment requirements. On
August 1, 2007, New Jersey submitted
its RACT rules, which included a
determination that many of the RACT
rules currently contained in its SIP meet
the RACT obligation for the 8-hour
standard, and also included
commitments to adopt revisions to
several regulations where the State
identified more stringent emission
limitations that it believed should now
be considered RACT. On October 29,
2007, New Jersey submitted a
comprehensive 8-hour ozone SIP for the
New Jersey portions of the New YorkNorthern New Jersey-Long Island, NYNJ-CT and the PhiladelphiaWilmington-Atlantic City, PA-NJ-MD1 Unless otherwise specifically noted in the
action, references to the 8-hour ozone standard are
to the 0.08 ppm ozone standard promulgated in
1997.
VerDate Nov<24>2008
14:00 May 14, 2009
Jkt 217001
DE nonattainment areas. It included
attainment demonstrations, reasonable
further progress (RFP) plans for 2008
and 2009, reasonably available control
measures analyses for both areas,
contingency measures, on-road motor
vehicle emission budgets, and general
conformity emission budgets for
McGuire Air Force Base and Lakehurst
Naval Air Station. These SIP revisions
were subject to notice and comment by
the public and the State addressed the
comments received on the proposed
SIPs before adopting the plans and
submitting them for EPA review and
approval into the SIP. Finally, as part of
the RACT evaluation, on December 14,
2007, New Jersey submitted to EPA an
assessment of how it planned to address
EPA’s recently revised Control
Technique Guidelines (CTGs).
III. What comments were received?
No comments were received on the
January 16, 2009 proposal.
IV. What SIP Elements is EPA
approving?
A. Emission Inventories
An emissions inventory is a
comprehensive, accurate, current
inventory of actual emissions from all
sources and is required by section
172(c)(3) of the Act. For ozone
nonattainment areas, the emissions
inventory must contain volatile organic
compounds (VOC) and nitrogen oxides
(NOX) emissions because these
pollutants are precursors to ozone
formation. EPA previously approved
New Jersey’s 2002 Base Year emission
inventories on July 10, 2006 (71 FR
38770). In this rulemaking, EPA is
approving the 2008 projection year
emission inventories as the State used
them in developing the RFP Plans.
B. Reasonable Further Progress Plans
Section 182(b)(1) of the Act and EPA’s
8-hour ozone implementation rule (40
CFR 51.910) require each 8-hour ozone
nonattainment area designated moderate
and above to submit an emissions
inventory and RFP Plan, for review and
approval into its SIP, that describes how
the area will achieve actual emissions
reductions of VOC and NOX from a
baseline emissions inventory. The RFP
SIP must provide for a 15 percent
emission reduction (either NOX and/or
VOC) accounting for any growth that
occurs during the six year period
following the baseline emissions
inventory year, that is, 2002–2008. New
Jersey’s RFP Plan contains the required
emission reductions that result from
adopted control measures included in
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Fmt 4700
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the New Jersey SIP. EPA is approving
New Jersey’s RFP Plans.
C. Contingency Measures
For ozone nonattainment areas
classified as moderate or above, states
must include in their submittal
contingency measures to be
implemented if the area fails to make
RFP or to attain the NAAQS by the
applicable attainment date (sections
172(c)(9) and 182(c)(9)). Contingency
measures are additional controls to be
implemented in the event the area fails
to meet an RFP or attainment milestone.
New Jersey’s RFP contingency plans
contain sufficient emission reductions
from specific measures to satisfy EPA
requirements. All the emission
reductions included in the RFP
contingency plans are from adopted
measures. EPA is approving New
Jersey’s RFP contingency plan.
D. RACT for Stationary Sources
Sections 172(c)(1), 182(b)(2) and
182(f) of the Act require nonattainment
areas that are designated as moderate or
above for ozone to adopt RACT. All of
New Jersey is subject to this
requirement since all counties in the
State are located in either of two
nonattainment areas that are classified
as moderate ozone nonattainment areas
for the 8-hour NAAQS for ozone (40
CFR 81.331). The RACT submission
from the State of New Jersey consists of:
(1) A certification that previously
adopted RACT controls in New Jersey’s
SIP for 101 source categories that were
approved by EPA under the 1-hour
ozone NAAQS are based on the
currently available technically and
economically feasible controls, and that
they continue to represent RACT for the
8-hour ozone implementation purposes;
(2) a commitment to adopt new or more
stringent regulations that represent
RACT control levels for both specific
source categories and specific sources;
and (3) a negative declaration that for
certain of CTGs and/or ACTs there are
no sources within New Jersey or that
there are no sources above the
applicability thresholds. EPA is
conditionally approving the RACT SIP
for the 8-hour ozone NAAQS based on
New Jersey’s March 20, 2009 adoption
of the additional RACT rules it
committed to adopt for 13 source
categories. EPA will be taking action on
these rules in a future rulemaking.
E. RACM Analysis
Pursuant to section 172(c)(1) of the
Act, states are required to implement all
Reasonably Available Control Measures
(RACM) as expeditiously as practicable.
The State’s analysis demonstrated that
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Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations
none of the RACM’s, singularly or in
combination, will yield emissions
benefits sufficient to advance the 2010
attainment date for the two
nonattainment areas in which the New
Jersey counties are located. EPA is
approving New Jersey’s moderate area
RACM SIP for the two moderate
nonattainment areas in which New
Jersey is located.
F. Conformity Budgets
Consistent with our adequacy review
of New Jersey’s submittal (73 FR 41068,
July 17, 2008), EPA is approving New
Jersey’s 2008 motor vehicle emissions
budgets associated with the 2008 RFP
Plans in Table 1. EPA is also approving
the general conformity budgets for
McGuire Air Force Base (AFB) and
Lakehurst Navel Air Station (NAS) in
Table 2.
taking action on these rules in a future
rulemaking. If EPA approves the
submittal, the RACT analysis will be
fully approved in its entirety and will
replace the RACT conditionally
approved into the SIP. These revisions
meet the requirements of the Act and
EPA’s regulations, and are consistent
with EPA’s guidance and policy. EPA is
taking this action pursuant to section
110 and part D of the Act and EPA’s
regulations.
VI. 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
TABLE 1—APPROVED MOTOR VEHICLE the criteria of the Clean Air Act.
Accordingly, this action merely
EMISSIONS BUDGETS
approves state law as meeting Federal
[Tons per day]
requirements and does not impose
additional requirements beyond those
2008
MPO
imposed by State law. For that reason,
VOC
NOX
this action:
• Is not a ‘‘significant regulatory
NJTPA (except
Ocean County) ......
85.38
143.60 action’’ subject to review by the Office
of Management and Budget under
NJTPA (Ocean County only) ..................
6.93
8.69 Executive Order 12866 (58 FR 51735,
DVRPC .....................
27.75
69.67 October 4, 1993);
SJTPO ......................
14.14
32.93
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
TABLE 2—APPROVED EMISSION BUDG- U.S.C. 3501 et seq.);
ETS FOR MCGUIRE AFB AND
• Is certified as not having a
LAKEHURST NAS
significant economic impact on a
substantial number of small entities
VOC
NOX
under the Regulatory Flexibility Act (5
Base
Year
(tons/
(tons/
U.S.C. 601 et seq.);
year)
year)
• Does not contain any unfunded
McGuire AFB
2008
730
1,534 mandate or significantly or uniquely
2009
730
1,534 affect small governments, as described
2010
730
1,534 in the Unfunded Mandates Reform Act
2011
730
1,534 of 1995 (Pub. L. 104–4);
Lakehurst NAS
2008
109
563
• Does not have Federalism
2009
115
639
implications as specified in Executive
2010
122
716
2011
129
793 Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
V. What are EPA’s conclusions?
regulatory action based on health or
EPA is approving the following SIP
safety risks subject to Executive Order
elements required by the Act: 2008 RFP 13045 (62 FR 19885, April 23, 1997);
Plans and associated 2008 ozone
• Is not a significant regulatory action
projection year emission inventories,
subject to Executive Order 13211 (66 FR
contingency measures for failure to meet 28355, May 22, 2001);
the 2008 RFP Plan milestones, 2008
• Is not subject to requirements of
emission budgets used for planning
Section 12(d) of the National
purposes, and moderate area RACM
Technology Transfer and Advancement
analysis. EPA is conditionally
Act of 1995 (15 U.S.C. 272 note) because
approving the RACT analysis for the 8application of those requirements would
hour ozone NAAQS based on New
be inconsistent with the Clean Air Act;
Jersey having fulfilled it’s commitment
and
to adopt RACT rules for 13 source
• Does not provide EPA with the
categories by April 1, 2009. EPA will be discretionary authority to address, as
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14:00 May 14, 2009
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22839
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 EPA notes that
it will not 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. 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 14, 2009.
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, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Oxides of
nitrogen, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: May 5, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
■
E:\FR\FM\15MYR1.SGM
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22840
Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. Section 52.1582 is amended by
adding new paragraph (m) to read as
follows:
■
§ 52.1582 Control strategy and
regulations: Ozone.
*
*
*
*
*
(m)(1) The 2008 Reasonable Further
Progress Plans and associated 2008
ozone projection year emission
inventories for the New Jersey portion of
the New York-Northern New JerseyLong Island, NY-NJ-CT and the
Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE nonattainment areas
included in New Jersey’s October 29,
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14:00 May 14, 2009
Jkt 217001
2007 State Implementation Plan
revision are approved.
(2) The contingency measures for
failure to meet the 2008 RFP Plan
milestones for the New Jersey portion of
the New York-Northern New JerseyLong Island, NY-NJ-CT and the
Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE nonattainment areas
included in New Jersey’s October 29,
2007 State Implementation Plan
revision are approved.
(3) The moderate area Reasonably
Available Control Measure Analysis for
the New Jersey portion of the New YorkNorthern New Jersey-Long Island, NYNJ-CT and the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE nonattainment areas included in
New Jersey’s October 29, 2007 State
Implementation Plan revision are
approved.
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Fmt 4700
Sfmt 4700
(4) The 2008 motor vehicle emissions
budgets for the New Jersey portion of
the New York-Northern New JerseyLong Island, NY-NJ-CT and the
Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE nonattainment areas
included in New Jersey’s October 29,
2007 State Implementation Plan
revision are approved.
(5) The general conformity budgets for
McGuire AFB and Lakehurst NAS
included in New Jersey’s October 29,
2007 State Implementation Plan
revision are approved.
(6) The Statewide reasonably
available control technology (RACT)
analysis for the 8-hour ozone included
in the August 1, 2007 State
Implementation Plan revision is
conditionally approved.
[FR Doc. E9–11158 Filed 5–14–09; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\15MYR1.SGM
15MYR1
Agencies
[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Rules and Regulations]
[Pages 22837-22840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11158]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2008-0497, FRL-8905-7]
Approval and Promulgation of Implementation Plans; New Jersey
Reasonable Further Progress Plans, Reasonably Available Control
Technology, Reasonably Available Control Measures and Conformity
Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of two State Implementation Plan revisions submitted by New
Jersey that are intended to meet several Clean Air Act (Act)
requirements for attaining the 0.08 part per million (ppm) 8-hour ozone
national ambient air quality standards. EPA is approving: the 2008
reasonable further progress plans and associated 2008 ozone projection
year emission inventories, contingency measures for the 2008 reasonable
further progress plans, 2008 conformity budgets used for planning
purposes, and the reasonably available control measure analysis. In
addition, EPA is conditionally approving New Jersey's efforts to meet
the reasonably available control technology requirement. The intended
effect of this action is to approve those programs that meet Act
requirements and to further achieve emission reductions that will be
critical to attainment of the national ambient air quality standard for
ozone in New Jersey's two nonattainment areas.
DATES: Effective Date: This rule is effective on June 15, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2008-0497. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., 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 through
https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. This Docket Facility is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is 212-637-4249.
FOR FURTHER INFORMATION CONTACT: Raymond Forde (forde.raymond@epa.gov)
concerning emission inventories and reasonable further progress and
Paul Truchan (truchan.paul@epa.gov) concerning other portions of the
SIP revision, Air Programs Branch, Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA taking?
II. What was included in New Jersey's SIP submittals?
III. What comments were received?
IV. What SIP Elements is EPA approving?
A. Emission Inventories
B. Reasonable Further Progress Plans
C. Contingency Measures
D. RACT for Stationary Sources
E. RACM Analysis
F. Conformity Budgets
[[Page 22838]]
V. What are EPA's conclusions?
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
The Environmental Protection Agency (EPA) has reviewed elements of
New Jersey's comprehensive State Implementation Plan (SIP) revision for
the 0.08 ppm 8-hour ozone national ambient air quality standards (NAAQS
or standard) \1\ along with other related Clean Air Act (Act)
requirements necessary to insure attainment of the standard. The EPA is
approving: the 2008 reasonable further progress (RFP) plans and
associated 2008 ozone projection emission inventories, contingency
measures for the 2008 reasonable further progress plans, 2008
conformity budgets used for planning purposes, and the reasonably
available control measure analysis, because the State of New Jersey's
Department of Environmental Protection (NJDEP) has fully addressed the
Act's requirements. In addition, EPA is conditionally approving the
RACT SIP for the 8-hour ozone NAAQS based on New Jersey's March 20,
2009 adoption of the additional RACT rules it committed to adopt for 13
source categories.
---------------------------------------------------------------------------
\1\ Unless otherwise specifically noted in the action,
references to the 8-hour ozone standard are to the 0.08 ppm ozone
standard promulgated in 1997.
---------------------------------------------------------------------------
For additional details on EPA's analysis and findings the reader is
referred to the proposal published in the January 16, 2009 Federal
Register (74 FR 2945) and a more detailed discussion is contained in
the Technical Support Document which is available on line at https://www.regulations.gov, Docket number EPA-R02-OAR-2008-0497.
II. What was included in New Jersey's SIP submittals?
After completing the appropriate public notice and comment
procedures, New Jersey made a series of submittals in order to address
the Act's 8-hour ozone attainment requirements. On August 1, 2007, New
Jersey submitted its RACT rules, which included a determination that
many of the RACT rules currently contained in its SIP meet the RACT
obligation for the 8-hour standard, and also included commitments to
adopt revisions to several regulations where the State identified more
stringent emission limitations that it believed should now be
considered RACT. On October 29, 2007, New Jersey submitted a
comprehensive 8-hour ozone SIP for the New Jersey portions of the New
York-Northern New Jersey-Long Island, NY-NJ-CT and the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment areas. It included
attainment demonstrations, reasonable further progress (RFP) plans for
2008 and 2009, reasonably available control measures analyses for both
areas, contingency measures, on-road motor vehicle emission budgets,
and general conformity emission budgets for McGuire Air Force Base and
Lakehurst Naval Air Station. These SIP revisions were subject to notice
and comment by the public and the State addressed the comments received
on the proposed SIPs before adopting the plans and submitting them for
EPA review and approval into the SIP. Finally, as part of the RACT
evaluation, on December 14, 2007, New Jersey submitted to EPA an
assessment of how it planned to address EPA's recently revised Control
Technique Guidelines (CTGs).
III. What comments were received?
No comments were received on the January 16, 2009 proposal.
IV. What SIP Elements is EPA approving?
A. Emission Inventories
An emissions inventory is a comprehensive, accurate, current
inventory of actual emissions from all sources and is required by
section 172(c)(3) of the Act. For ozone nonattainment areas, the
emissions inventory must contain volatile organic compounds (VOC) and
nitrogen oxides (NOX) emissions because these pollutants are
precursors to ozone formation. EPA previously approved New Jersey's
2002 Base Year emission inventories on July 10, 2006 (71 FR 38770). In
this rulemaking, EPA is approving the 2008 projection year emission
inventories as the State used them in developing the RFP Plans.
B. Reasonable Further Progress Plans
Section 182(b)(1) of the Act and EPA's 8-hour ozone implementation
rule (40 CFR 51.910) require each 8-hour ozone nonattainment area
designated moderate and above to submit an emissions inventory and RFP
Plan, for review and approval into its SIP, that describes how the area
will achieve actual emissions reductions of VOC and NOX from
a baseline emissions inventory. The RFP SIP must provide for a 15
percent emission reduction (either NOX and/or VOC)
accounting for any growth that occurs during the six year period
following the baseline emissions inventory year, that is, 2002-2008.
New Jersey's RFP Plan contains the required emission reductions that
result from adopted control measures included in the New Jersey SIP.
EPA is approving New Jersey's RFP Plans.
C. Contingency Measures
For ozone nonattainment areas classified as moderate or above,
states must include in their submittal contingency measures to be
implemented if the area fails to make RFP or to attain the NAAQS by the
applicable attainment date (sections 172(c)(9) and 182(c)(9)).
Contingency measures are additional controls to be implemented in the
event the area fails to meet an RFP or attainment milestone. New
Jersey's RFP contingency plans contain sufficient emission reductions
from specific measures to satisfy EPA requirements. All the emission
reductions included in the RFP contingency plans are from adopted
measures. EPA is approving New Jersey's RFP contingency plan.
D. RACT for Stationary Sources
Sections 172(c)(1), 182(b)(2) and 182(f) of the Act require
nonattainment areas that are designated as moderate or above for ozone
to adopt RACT. All of New Jersey is subject to this requirement since
all counties in the State are located in either of two nonattainment
areas that are classified as moderate ozone nonattainment areas for the
8-hour NAAQS for ozone (40 CFR 81.331). The RACT submission from the
State of New Jersey consists of: (1) A certification that previously
adopted RACT controls in New Jersey's SIP for 101 source categories
that were approved by EPA under the 1-hour ozone NAAQS are based on the
currently available technically and economically feasible controls, and
that they continue to represent RACT for the 8-hour ozone
implementation purposes; (2) a commitment to adopt new or more
stringent regulations that represent RACT control levels for both
specific source categories and specific sources; and (3) a negative
declaration that for certain of CTGs and/or ACTs there are no sources
within New Jersey or that there are no sources above the applicability
thresholds. EPA is conditionally approving the RACT SIP for the 8-hour
ozone NAAQS based on New Jersey's March 20, 2009 adoption of the
additional RACT rules it committed to adopt for 13 source categories.
EPA will be taking action on these rules in a future rulemaking.
E. RACM Analysis
Pursuant to section 172(c)(1) of the Act, states are required to
implement all Reasonably Available Control Measures (RACM) as
expeditiously as practicable. The State's analysis demonstrated that
[[Page 22839]]
none of the RACM's, singularly or in combination, will yield emissions
benefits sufficient to advance the 2010 attainment date for the two
nonattainment areas in which the New Jersey counties are located. EPA
is approving New Jersey's moderate area RACM SIP for the two moderate
nonattainment areas in which New Jersey is located.
F. Conformity Budgets
Consistent with our adequacy review of New Jersey's submittal (73
FR 41068, July 17, 2008), EPA is approving New Jersey's 2008 motor
vehicle emissions budgets associated with the 2008 RFP Plans in Table
1. EPA is also approving the general conformity budgets for McGuire Air
Force Base (AFB) and Lakehurst Navel Air Station (NAS) in Table 2.
Table 1--Approved Motor Vehicle Emissions Budgets
[Tons per day]
------------------------------------------------------------------------
2008
MPO ---------------------
VOC NOX
------------------------------------------------------------------------
NJTPA (except Ocean County)....................... 85.38 143.60
NJTPA (Ocean County only)......................... 6.93 8.69
DVRPC............................................. 27.75 69.67
SJTPO............................................. 14.14 32.93
------------------------------------------------------------------------
Table 2--Approved Emission Budgets for McGuire AFB and Lakehurst NAS
------------------------------------------------------------------------
VOC NOX
Base Year (tons/ (tons/
year) year)
------------------------------------------------------------------------
McGuire AFB................................. 2008 730 1,534
2009 730 1,534
2010 730 1,534
2011 730 1,534
Lakehurst NAS............................... 2008 109 563
2009 115 639
2010 122 716
2011 129 793
------------------------------------------------------------------------
V. What are EPA's conclusions?
EPA is approving the following SIP elements required by the Act:
2008 RFP Plans and associated 2008 ozone projection year emission
inventories, contingency measures for failure to meet the 2008 RFP Plan
milestones, 2008 emission budgets used for planning purposes, and
moderate area RACM analysis. EPA is conditionally approving the RACT
analysis for the 8-hour ozone NAAQS based on New Jersey having
fulfilled it's commitment to adopt RACT rules for 13 source categories
by April 1, 2009. EPA will be taking action on these rules in a future
rulemaking. If EPA approves the submittal, the RACT analysis will be
fully approved in its entirety and will replace the RACT conditionally
approved into the SIP. These revisions meet the requirements of the Act
and EPA's regulations, and are consistent with EPA's guidance and
policy. EPA is taking this action pursuant to section 110 and part D of
the Act and EPA's regulations.
VI. 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 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 EPA notes that it will not 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. 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 14, 2009. 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Oxides of
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: May 5, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 22840]]
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. Section 52.1582 is amended by adding new paragraph (m) to read as
follows:
Sec. 52.1582 Control strategy and regulations: Ozone.
* * * * *
(m)(1) The 2008 Reasonable Further Progress Plans and associated
2008 ozone projection year emission inventories for the New Jersey
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment
areas included in New Jersey's October 29, 2007 State Implementation
Plan revision are approved.
(2) The contingency measures for failure to meet the 2008 RFP Plan
milestones for the New Jersey portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT and the Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE nonattainment areas included in New Jersey's October
29, 2007 State Implementation Plan revision are approved.
(3) The moderate area Reasonably Available Control Measure Analysis
for the New Jersey portion of the New York-Northern New Jersey-Long
Island, NY-NJ-CT and the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE nonattainment areas included in New Jersey's October 29, 2007
State Implementation Plan revision are approved.
(4) The 2008 motor vehicle emissions budgets for the New Jersey
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment
areas included in New Jersey's October 29, 2007 State Implementation
Plan revision are approved.
(5) The general conformity budgets for McGuire AFB and Lakehurst
NAS included in New Jersey's October 29, 2007 State Implementation Plan
revision are approved.
(6) The Statewide reasonably available control technology (RACT)
analysis for the 8-hour ozone included in the August 1, 2007 State
Implementation Plan revision is conditionally approved.
[FR Doc. E9-11158 Filed 5-14-09; 8:45 am]
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