[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Rules and Regulations]
[Pages 4045-4047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-703]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. EPA-R02-OAR-2004-NJ-0004, FRL-8020-6]


Approval and Promulgation of Implementation Plans; New Jersey 
Consumer Products Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the New Jersey State Implementation Plan (SIP) for ozone 
concerning the control of volatile organic compounds. The SIP revision 
consists of amendments to Subchapter 24 ``Prevention of Air Pollution 
From Consumer Products'' of 7:27 of the New Jersey Administrative 
Codes, which are needed to meet the shortfall in emissions reduction 
identified by EPA in New Jersey's 1-hour ozone attainment demonstration 
SIP. The intended effect of this action is to approve a control 
strategy required by the Clean Air Act, which will result in emission 
reductions that will help achieve attainment of the national ambient 
air quality standard for ozone.

DATES: Effective Date: This rule will be effective February 24, 2006.

ADDRESSES: EPA has established a docket for this action under the 
Federal Docket Management System (FDMS) which replaces the Regional 
Materials in EDOCKET (RME) docket system. The new FDMS is located at 
http://www.regulations.gov and the docket ID for this action is EPA-
R02-OAR-2004-NJ-0004. All documents in the docket are listed in the 
FDMS index. Publicly available docket materials are available either 
electronically in FDMS 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. Copies of the documents relevant 
to this action are also available for public inspection during normal 
business hours, by appointment at the Air and Radiation Docket and 
Information Center, Environmental Protection Agency, Room B-108, 1301 
Constitution Avenue, NW., Washington, DC; and the New Jersey Department 
of Environmental Protection, Office of Air Quality Management, Bureau 
of Air Pollution Control, 401 East State Street, CN027, Trenton, New 
Jersey 08625.

FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10278, (212) 637-3711.

SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking Today?

    EPA is approving a revision to New Jersey's ozone State 
Implementation Plan (SIP) submitted on June 22, 2004. This SIP 
incorporates adopted rule amendments to Title 7, Chapter 27, Subchapter 
24 ``Prevention of Air Pollution from Consumer Products'' which was 
adopted on April 7, 2004. Subchapter 24 contains two control programs, 
consumer products and portable fuel container spillage control. This 
adoption was published in the New Jersey Register on May 3, 2004 and 
became effective on June 6, 2004. The Subchapter 24 amendments are 
applicable to the entire State of New Jersey. The reader is referred to 
the proposed rulemaking (December 10, 2004, 69 FR 71764) for additional 
details.
    Subchapter 24 contains provisions for accepting innovative products 
exemptions (IPEs), alternative compliance plans (ACPs), and variances 
that have been approved by the California Air Resources Board (CARB) or 
other states with adopted consumer product regulations based on the 
Ozone Transport Commission (OTC) ``Model Rule for Consumer Products'' 
dated November 29, 2001. While the provisions related to IPEs, ACP, and 
variances pursuant to subchapter 24 are acceptable, each specific 
application of those provisions cannot be recognized as meeting Federal 
requirements until it is approved by EPA as a SIP revision.

II. What Comments Were Received and How Has EPA Responded to Them?

    EPA received one comment pertaining to the proposal for this action 
which supported this rulemaking.

III. What Role Does This Rule Play in the Ozone SIP?

    When EPA evaluated New Jersey's 1-hour ozone attainment 
demonstrations, EPA determined that additional emission reductions were 
needed for the State's two severe nonattainment areas in order for the 
State to attain the 1-hour ozone standard with sufficient surety 
(December 16, 1999, 64 FR 70380). EPA provided that the states in the 
Ozone Transport Region could achieve these emission reductions through 
local or regional control programs. New Jersey decided to participate 
with the other states in the Northeast in an Ozone Transport Commission 
(OTC) regulatory development effort which developed six model control 
measures. This rulemaking incorporates two of the OTC model control 
measures into the New Jersey ozone SIP: Consumer products and portable 
fuel containers. The emission reductions from these control measures 
will provide a portion of the additional emission reductions needed to 
attain the 1-hour ozone standard. The emission reductions from these 
measures will also help to attain the 8-hour ozone standard.

IV. What Are EPA's Conclusions?

    EPA has evaluated the submitted Subchapter 24 submission for 
consistency with EPA regulations, policy and guidance. Consistent with 
EPA policy and guidance, EPA is approving the rule submitted as part of 
the New Jersey SIP with the exception that any specific application of 
provisions associated with IPEs, ACP, and variances, must be submitted 
as SIP revisions for EPA approval. This rule will strengthen the SIP by 
providing for additional VOC reductions. Accordingly, EPA is approving 
the Subchapter 24 revisions as adopted on April 7, 2004 and effective 
on June 6, 2004 with the limitation identified above.

V. Statutory and Executive Order Reviews

    Statutory and Executive Order Reviews Under Executive Order 12866 
(58 FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. For this reason, this action is also 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This action merely approves state law as meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing 
requirements under state law and does not impose

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any additional enforceable duty beyond that required by state law, it 
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). This rule also does not have tribal 
implications because it will not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant. In reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the Clean Air Act. In this context, in the absence 
of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the Clean Air Act. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.) 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 rule 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 March 27, 
2006. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule 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, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: December 28, 2005.
Alan J. Steinberg,
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 adding new paragraph (c)(79) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (79) Revisions to the State Implementation Plan submitted on June 
22, 2004 by the State of New Jersey Department of Environmental 
Protection that establishes an expanded control program for consumer 
products including portable fuel containers.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 24 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Prevention of Air Pollution From 
Consumer Products,'' adopted on April 7, 2004 and effective on June 6, 
2004.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated June 22, 2004, requesting EPA approval of a revision 
to the Ozone SIP which contains amendments to the Subchapter 24 
``Prevention of Air Pollution From Consumer Products.''
* * * * *

0
3. Section 52.1605 is amended by revising the entry under Title 7, 
Chapter 27 for Subchapter 24 in the table 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
 
                                                  * * * * * * *
Subchapter 24, ``Prevention of Air   June 6, 2004..........  January 25, 2006        The specific application of
 Pollution From Consumer Products''.                          [Insert FR page         provisions associated with
                                                              citation.].             innovative products
                                                                                      exemptions, alternative
                                                                                      compliance plans, and
                                                                                      variances must be
                                                                                      submitted to EPA as SIP
                                                                                      revisions.
 
                                                  * * * * * * *
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[FR Doc. 06-703 Filed 1-24-06; 8:45 am]
BILLING CODE 6560-50-P