Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations 22837 

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 

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 

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 http://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 

http://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 

22838 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations 

1Unless otherwise specifically noted in the 

action, references to the 8-hour ozone standard are 

to the 0.08 ppm ozone standard promulgated in 

1997. 

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 

http://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-MDDE 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 

Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations 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] 

MPO 

2008 

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 

Base Year 

VOC 

(tons/ 

year) 

NOX

(tons/ 

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. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

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, 

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. 

(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