[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]
=======================================================================
-----------------------------------------------------------------------
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 ([email protected])
concerning emission inventories and reasonable further progress and
Paul Truchan ([email protected]) 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 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 (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]
BILLING CODE 6560-50-P