[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Rules and Regulations]
[Pages 80340-80343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32034]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2010-0310, FRL-9214-4]


Approval and Promulgation of Implementation Plans; New Jersey; 8-
Hour Ozone Control Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request by New Jersey to revise the State Implementation Plan (SIP) for 
ozone involving the control of volatile organic compounds (VOCs). The 
SIP revision consists of two new rules, Subchapter 26, ``Prevention of 
Air Pollution From Adhesives, Sealants, Adhesive Primers and Sealant 
Primers,'' and Subchapter 34, ``TBAC Emissions Reporting,'' (TBAC means 
tertiary butyl acetate or t-butyl acetate) and revisions to Subchapter 
23, ``Prevention of Air Pollution From Architectural Coatings,'' 
Subchapter 24, ``Prevention of Air Pollution From Consumer Products,'' 
and Subchapter 25, ``Control and Prohibition of Air Pollution by 
Vehicular Fuels,'' of the New Jersey Administrative Code. The intended 
effect of this action is to approve control strategies that will result 
in VOC emission reductions that will help achieve attainment of the 
national ambient air quality standard for ozone.

DATES: Effective Date: This rule is effective on January 21, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2010-0310. 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: Paul Truchan, 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 comments did EPA receive in response to its proposal?
III. What are EPA's conclusions?
IV. Statutory and Executive Order Reviews

I. What action is EPA taking?

    On April 9, 2009, New Jersey submitted a proposed revision to the 
State Implementation Plan (SIP) that includes amendments to New Jersey 
Administrative Code, Title 7: Chapter 27 (NJAC 7:27)

--Subchapter 24, ``Prevention of Air Pollution From Consumer 
Products,''
--Subchapter 26, ``Prevention of Air Pollution From Adhesives, 
Sealants, Adhesive Primers and Sealant Primers,''
--Subchapter 34, ``TBAC Emissions Reporting,'' and
--Amending the definition of volatile organic compound (VOC) throughout 
NJAC 7:27.

The revisions to Subchapter 24 expand the number of consumer product 
categories that are regulated, and revised and improved the portable 
fuel container requirements. Subchapter 26 is a new rule that regulates 
adhesives, sealants, adhesive primers and sealant primers that are sold 
in larger containers and used primarily in commercial/industrial 
applications, but includes residential applications of these products, 
such as carpet and flooring installations and roofing installations. 
Subchapter 34 is a new rule that establishes reporting requirements for 
tertiary butyl acetate or t-butyl acetate (TBAC) emissions. The 
definition of VOC was revised throughout the New Jersey rules to 
exclude TBAC from VOC emissions limitations or VOC content 
requirements, but requires that TBAC be considered a VOC for purposes 
of recordkeeping, emissions reporting, photochemical dispersion 
modeling and inventory requirements. These rules complete the 
commitment New Jersey made as part of its RACT analysis and 1997 8-hour 
national ambient air quality standard (NAAQS) ozone attainment 
demonstration that EPA conditionally approved.
    For additional information, see the proposed rulemaking published 
on July 22, 2010 (75 FR 42672) or the Technical Support Document which 
is available on line at http://www.regulations.gov and entering the 
docket number EPA-R02-OAR-2010-0310.

[[Page 80341]]

II. What comments did EPA receive in response to its proposal?

    EPA received comments from two individuals on the July 22, 2010 
proposal. Comments supported the efforts that New Jersey and the EPA 
were making in improving the air quality and implementing new control 
strategies. One comment went further, recommending the need for 
measures that are necessary for good health and safe living.
    The rules that EPA is approving fulfill New Jersey's commitment, 
made as part of the reasonably available control technology (RACT) 
analysis, and were used in the 8-hour ozone attainment demonstration to 
show that the SIP would attain the 8-hour ozone standard. These rule 
revisions and new rules became operative in the State on December 29, 
2008 and have already started to produce VOC emission reductions.
    Monitored air quality in New Jersey supports the progress New 
Jersey has made in reducing emissions and preliminary air quality data 
shows that the New York-Northern New Jersey-Long Island, NY-NJ-CT 
nonattainment area is in attainment of the 8-hour ozone standard. For 
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment 
area, quality assured air data for 2009 shows attainment, making the 
area eligible for a one year extension of the ozone attainment date. 
When EPA completes the reconsideration of the 2008 8-hour ozone 
standard, New Jersey like other States will need to reevaluate their 
SIP to determine if additional measures are necessary to meet the new 
standard.
    EPA thanks the commenters for supporting this rulemaking. In this 
rulemaking EPA is only acting on the April 9, 2009 SIP revision 
request, which added the above rules to the SIP and was submitted to 
fulfill the commitments New Jersey made as part of the 1997 8-hour 
ozone attainment plan. When EPA completes the reconsideration of the 
2008 8-hour ozone standard and depending on the monitored ozone air 
quality at that time, New Jersey may need to reevaluate its SIP to 
determine whether additional control measures are necessary to attain 
the reconsidered NAAQS for ozone. At this time New Jersey meets the 
Clean Air Act requirements for the ozone RACT SIP.

III. What are EPA's conclusions?

    EPA has evaluated New Jersey's submittal for consistency with the 
Act, EPA regulations, and EPA policy. The new control measures will 
strengthen the SIP by providing additional VOC emission reductions that 
the State committed to achieve. Accordingly, EPA is approving the 
following rules as part of the SIP: Subchapter 23, ``Prevention of Air 
Pollution From Architectural Coatings,'' Subchapter 24, ``Prevention of 
Air Pollution From Consumer Products,'' Subchapter 25, ``Control and 
Prohibition of Air Pollution by Vehicular Fuels,'' Subchapter 26, 
``Prevention of Air Pollution From Adhesives, Sealants, Adhesive 
Primers and Sealant Primers,'' and Subchapter 34, ``TBAC Emissions 
Reporting,'' of NJAC 7:27. These rules became operative on December 29, 
2008. While the changes made to the VOC definition in the other rules 
included in this SIP revision are also acceptable, EPA will act on 
those rules in separate Federal Register actions at a later date. In 
addition, EPA finds that Subchapter 26 fully addresses the Control 
Techniques Guideline document for Miscellaneous Industrial Adhesives 
dated September 2008.
    EPA is also fully approving New Jersey's RACT analysis as New 
Jersey has fulfilled its commitment to adopt the identified RACT rules, 
the last of which are being approved in this action. EPA will replace 
the conditionally approved RACT analysis in the SIP with a full 
approval (40 CFR 52.1582). 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.

Administrative Correction

    On August 3, 2010, 75 FR 45483, EPA took final action approving a 
New Jersey SIP revision, which incorporated Subchapter 19, ``Control 
and Prohibition of Air Pollution from Oxides of Nitrogen'' along with 
two Administrative Corrections to Subchapter 19. 40 CFR 52.1570 and 
52.1605 listed only the dates of the two administrative corrections, 
June 15, 2009 and July 6, 2009, but did not include the initial State 
effective date, April 20, 2009. This correction will be made to 40 CFR 
52.1570 and 40 CFR 52.1605 by this action.

IV. 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

[[Page 80342]]

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 February 22, 2011. 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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 30, 2010.
George Pavlou,
Acting Regional Administrator, Region 2.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

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 52.1570 is amended by revising (c)(88)(i) and adding 
paragraph (c)(89) to read as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (88) * * *
    (i) Incorporation by reference:
    (A) New Jersey Administrative Code, Title 7, Chapter 27 (NJAC 
7:27): Subchapter 4 ``Control and Prohibition of Particles from 
Combustion of Fuel'' with an effective date of April 20, 2009; 
Subchapter 10 ``Sulfur in Solid Fuels'' with an effective date of April 
20, 2009; Subchapter 16 ``Control and Prohibition of Air Pollution by 
Volatile Organic Compounds'' with an effective date of April 20, 2009; 
Subchapter 19 ``Control and Prohibition of Air Pollution from Oxides of 
Nitrogen'' with an effective date of April 20, 2009 (including two 
Administrative Corrections published in the New Jersey Register on June 
15, 2009 and July 6, 2009); and Subchapter 21 ``Emission Statements'' 
with an effective date of April 20, 2009.
* * * * *
    (89) A revision submitted on April 9, 2009, by the New Jersey 
Department of Environmental Protection (NJDEP) that establishes new and 
revised control measures for achieving additional reductions of VOC 
emissions that will help achieve attainment of the national ambient air 
quality standard for ozone.
    (i) Incorporation by reference:
    (A) New rules contained in New Jersey Administrative Code, Title 7, 
Chapter 27 (NJAC 7:27) with effective date of December 1, 2008 and 
Operative date of December 29, 2008:
    (1) Subchapter 26, ``Prevention of Air Pollution From Adhesives, 
Sealants, Adhesive Primers and Sealant Primers,'' and
    (2) Subchapter 34, ``TBAC Emissions Reporting.''
    (B) Amendments to NJAC 7:27 with effective date of December 1, 2008 
and Operative date of December 29, 2008:
    (1) Subchapter 23, ``Prevention of Air Pollution From Architectural 
Coatings,'' 23.2 Definitions;
    (2) Subchapter 24, ``Prevention of Air Pollution From Consumer 
Products,'' 24.1 Definitions, 24.2 Applicability, 24.4 Chemically 
formulated consumer products: standards, 24.5 Chemically formulated 
consumer products: registration and labeling, 24.6 Chemically 
formulated consumer products: recordkeeping and reporting, 24.7 
Chemically formulated consumer products: testing, 24.8 Portable fuel 
containers and spill-proof spouts: certification requirements, 24.9 
Portable fuel containers and spill proof spouts: labeling, 24.10 
Portable fuel containers and spill proof spouts: recordkeeping and 
reporting, 24.12 Penalties and other requirements imposed for failure 
to comply; and
    (3) Subchapter 25, ``Control and Prohibition of Air Pollution by 
Vehicular Fuels,'' 25.1 Definitions.
    (C) Repeal to NJAC 7:27 with effective date of December 1, 2008 and 
Operative date of December 29, 2008: Subchapter 24, ``Prevention of Air 
Pollution From Consumer Products,'' section 24.11 Portable fuel 
containers and spill-proof spouts: testing, repealed without 
replacement and reserved.
    (ii) Additional information.
    (A) Letter dated April 9, 2009 from Acting Commissioner Mark N. 
Mauriello, NJDEP, to George Pavlou Acting Regional Administrator, EPA 
Region 2, submitting the SIP revision containing Subchapters 23, 24, 
25, 26, and 34.

0
3. Section 52.1582 is amended by revising paragraph (m)(6) to read as 
follows:


Sec.  52.1582  Control strategy and regulations: Ozone.

* * * * *
    (m) * * *
    (6) The Statewide reasonably available control technology (RACT) 
analysis for the 8-hour ozone standard included in the August 1, 2007 
State Implementation Plan revision is approved based on EPA's approval 
of the April 9, 2010 and April 21, 2010 SIP revisions.

0
4. Section 52.1605 is amended by revising the table entries, under 
Title 7, Chapter 27: for Subchapters 19, 23, 24, 25, and adding new 
entries for Subchapters 26 and 34, in numerical order to read as 
follows:


Sec.  52.1605  EPA-approved New Jersey regulations.

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          State regulation            State effective date      EPA approved date              Comments
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                                                  * * * * * * *
Title 7, Chapter 27.
 

[[Page 80343]]

 
                                                  * * * * * * *
Subchapter 19, ``Control and         April 20, 2009, as      August 3, 2010, 75 FR   Subchapter 19 is approved
 Prohibition of Air Pollution from    corrected on June 15,   45483.                  into the SIP except for
 Oxides of Nitrogen.''                2009 and July 6, 2009.                          the following provisions:
                                                                                      (1) Phased compliance plan
                                                                                      through repowering in Sec.
                                                                                        19.21 that allows for
                                                                                      implementation beyond May
                                                                                      1, 1999; and (2) phased
                                                                                      compliance plan through
                                                                                      the use of innovative
                                                                                      control technology in Sec.
                                                                                        19.23 that allows for
                                                                                      implementation beyond May
                                                                                      1, 1999.
 
                                                  * * * * * * *
Subchapter 23, ``Prevention of Air   December 29, 2008.....  December 22, 2010,      ...........................
 Pollution From Architectural                                 [insert Federal
 Coatings.''                                                  Register page
                                                              citation].
Subchapter 24, ``Prevention of Air   December 29, 2008.....  December 22, 2010,      ...........................
 Pollution From Consumer                                      [insert Federal
 Products.''                                                  Register page
                                                              citation].
Subchapter 25, ``Control and         December 29, 2008.....  December 22, 2010,      ...........................
 Prohibition of Air Pollution by                              [insert Federal
 Vehicular Fuels.''                                           Register page
                                                              citation].
Subchapter 26, ``Prevention of Air   December 29, 2008.....  December 22, 2010,      ...........................
 Pollution From Adhesives,                                    [insert Federal
 Sealants, Adhesive Primers and                               Register page
 Sealant Primers.''                                           citation].
 
                                                  * * * * * * *
Subchapter 34, ``TBAC Emissions      December 29, 2008.....  December 22, 2010,      ...........................
 Reporting.''.                                                [insert Federal
                                                              Register page
                                                              citation].
 
                                                  * * * * * * *
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[FR Doc. 2010-32034 Filed 12-21-10; 8:45 am]
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