[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Rules and Regulations]
[Pages 22837-22840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11158]


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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.

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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 (<a href="/cdn-cgi/l/email-protection#7610190412135804170f1b1918123613061758111900"><span class="__cf_email__" data-cfemail="4d2b223f2928633f2c34202223290d283d2c632a223b">[email protected]</span></a>) 
concerning emission inventories and reasonable further progress and 
Paul Truchan (<a href="/cdn-cgi/l/email-protection#6d191f180e050c03431d0c18012d081d0c430a021b"><span class="__cf_email__" data-cfemail="cbbfb9bea8a3aaa5e5bbaabea78baebbaae5aca4bd">[email protected]</span></a>) 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.
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    \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 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 
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 (NO<INF>X</INF>) 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 NO<INF>X</INF> from 
a baseline emissions inventory. The RFP SIP must provide for a 15 
percent emission reduction (either NO<INF>X</INF> 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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]
BILLING CODE 6560-50-P


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