42672 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 

instructed by the creditor agency. 

Alternatively, the amount offset may be 

an amount agreed upon, in writing, by 

the debtor and the creditor agency. See 

§ 4903.13(g) (salary offset process). 

(c) When the debtor is no longer 

employed by PBGC—(1) Offset of final 

and subsequent payments. If a PBGC 

employee retires or resigns or if his or 

her employment ends before collection 

of the debt is complete, PBGC will 

continue to offset, under 31 U.S.C. 3716, 

up to 100 percent of an employee’s 

subsequent payments until the debt is 

paid or otherwise resolved. Such 

payments include a debtor’s final salary 

payment, lump-sum leave payment, and 

other payments payable to the debtor by 

PBGC. See 31 U.S.C. 3716 and 5 CFR 

550.1104(l) and 550.1104(m). 

(2) Notice to the creditor agency. If the 

employee is separated from PBGC before 

the debt is paid in full, PBGC will 

certify to the creditor agency the total 

amount of its collection. If PBGC knows 

that the employee is entitled to 

payments from the Civil Service 

Retirement and Disability Fund, Federal 

Employee Retirement System, or other 

similar payments, PBGC will provide 

written notice to the agency making 

such payments that the debtor owes a 

debt (including the amount) and that the 

provisions of 5 CFR 550.1109 have been 

fully complied with. The creditor 

agency is responsible for submitting a 

certified claim to the agency responsible 

for making such payments before 

collection may begin. Generally, 

creditor agencies will collect such 

monies through the Treasury Offset 

Program as described in § 4903.10(c) of 

this part. 

(3) Notice to the debtor. PBGC will 

provide to the debtor a copy of any 

notices sent to the creditor agency under 

paragraph (c)(2) of this section. 

(d) When the debtor transfers to 

another Federal agency—(1) Notice to 

the creditor agency. If the debtor 

transfers to another Federal agency 

before the debt is paid in full, PBGC will 

notify the creditor agency and will 

certify the total amount of its collection 

on the debt. PBGC will provide a copy 

of the certification to the creditor 

agency. The creditor agency is 

responsible for submitting a certified 

claim to the debtor’s new employing 

agency before collection may begin. 

(2) Notice to the debtor. PBGC will 

provide to the debtor a copy of any 

notices and certifications sent to the 

creditor agency under paragraph (d)(1) 

of this section. 

(e) Request for hearing official. PBGC 

will provide a hearing official upon the 

creditor agency’s request with respect to 

a PBGC employee. See 5 CFR 

550.1107(a). 

Issued in Washington, DC, July 19, 2010. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2010–18008 Filed 7–21–10; 8:45 am] 

BILLING CODE 7709–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–0310, FRL–9178–6] 

Approval and Promulgation of 

Implementation Plans; New Jersey; 8- 

hour Ozone Control Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

request by New Jersey to revise the State 

Implementation Plan (SIP) for ozone 

involving the control of volatile organic 

compounds (VOCs). The proposed 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 Codes. 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: Comments must be received on 

or before August 23, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2010–0310, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Werner.Raymond@epa.gov 

• Fax: 212–637–3901. 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2010– 

0310. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in 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, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
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New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

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: 

The following table of contents 

describes the format of this rulemaking: 

I. What was included in New Jersey’s 

submittal? 

II. What is EPA’s evaluation of ‘‘Subchapter 

24, Prevention of Air Pollution From 

Consumer Products?’’ 

III. What is EPA’s evaluation of ‘‘Subchapter 

26, Prevention of Air Pollution From 

Adhesives, Sealants, Adhesive Primers 

and Sealant Primers?’’ 

IV. What is EPA’s evaluation of ‘‘Subchapter 

34, TBAC Emissions Reporting?’’ 

V. What other rules are affected by the VOC 

definition change and EPA’s evaluation? 

VI. What action is EPA proposing? 

VII. Statutory and Executive Order Reviews 

For detailed information on New 

Jersey’s proposed SIP revision and 

EPA’s evaluation see the Technical 

Support Document (TSD), prepared in 

support of today’s action. The TSD can 

be viewed at http:// 

www.regulations.gov. 

I. What was included in New Jersey’s 

submittal? 

On April 9, 2009, Mark N. Mauriello, 

Commissioner, New Jersey Department 

of Environmental Protection (NJDEP), 

submitted to EPA a revision to the New 

Jersey State Implementation Plan (SIP) 

that included: 

—‘‘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 VOC 

throughout Title 7, Chapter 27 of the 

New Jersey Administrative Codes 

(N.J.A.C.) and Chapter 27A, and 

Chapter 27B. 

The State adopted these rules on 

October 30, 2008 and published the 

adoption in the New Jersey Register on 

December 1, 2008 (40 New Jersey 

Register 6769). These rules became 

operative on December 29, 2008. Also 

published in the New Jersey Register 

was a summary of the comments 

received, the State response to the 

comments and any changes to the 

proposed rule resulting from the 

comments. This SIP revision will 

provide statewide volatile organic 

compound (VOC) emission reductions 

that New Jersey used in the SIP to 

address reasonable further progress 

goals and for attaining the 1997 8-hour 

ozone national ambient air quality 

standard. 

This proposed SIP revision completes 

the commitment New Jersey made as 

part of its RACT analysis and 8-hour 

Ozone Attainment Demonstration that 

EPA conditionally approved. See 74 FR 

22837 (May 15, 2009). If EPA approves 

this proposed SIP revision, the RACT 

analysis will be fully approved in its 

entirety and EPA will replace the 

conditionally approved RACT in the SIP 

with a full approval. 

II. What is EPA’s evaluation of 

‘‘Subchapter 24, Prevention of Air 

Pollution From Consumer Products?’’ 

A. Was Subchapter 24 previously 

approved by EPA? 

The most recent approval of 

Subchapter 24 occurred on January 25, 

2006 (71 FR 4045). EPA had previously 

approved Subchapter 24 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.’’ These 

provisions were fully discussed in 

previous rulemakings. As part of a 

previous SIP revision, New Jersey 

committed to forwarding all innovative 

product exemptions, alternative 

compliance plans and variances that the 

State accepts to EPA Region 2, in order 

for EPA to be able to determine what the 

compliance requirements are for all 

sources regulated by the New Jersey SIP. 

There have been no changes to these 

provisions in the current rulemaking 

and EPA’s previous findings still stand. 

B. How was ‘‘Subchapter 24, Prevention 

of Air Pollution From Consumer 

Products’’ revised? 

1. Chemically Formulated Consumer 

Products 

New Jersey revised Subchapter 24’s 

provisions consistent with the OTC’s 

2007 model rules that were in turn 

based on the 2005 CARB rules. The 

revisions to Subchapter 24 add eleven 

new categories of consumer products 

not previously regulated and revise one 

existing category. Other revisions 

adopted by New Jersey include adding/ 

clarifying definitions, requiring 

notifications for products sold toward 

the end of a sell-through period, 

prohibiting solid air fresheners or toilet/ 

urinal care products from containing 

para-dichlorobenzene (a toxic air 

contaminant/hazardous air pollutant). 

In addition, any contact adhesive, 

electronic cleaner, footwear or leather 

care product, general purpose degreaser, 

adhesive remover, electrical cleaner, 

graffiti remover or automotive consumer 

product manufactured on and after 

January 1, 2009 is prohibited from 

containing chlorinated toxic air 

contaminants. Products manufactured 

before this date that do not meet the 

new standards can be sold until 

December 31, 2011 provided the 

product or packaging displays the date 

on which the product was 

manufactured. 

All requirements apply statewide. 

Subchapter 24 requires that, on or after 

January 1, 2009, no person shall sell, 

supply, offer for sale, or manufacture 

consumer products that contain VOCs 

in excess of the VOC content limits 

specified by New Jersey for those 

products sold in New Jersey. Subchapter 

24 includes specific exemptions, as well 

as registration and product labeling 

requirements, recordkeeping and 

reporting requirements, and test 

methods and procedures. Consumer 

products that are sold in New Jersey for 

shipment and use outside of the State of 

New Jersey are exempt from the VOC 

content limits. This exemption reflects 

the intent to regulate only the 

manufacture and distribution of 

consumer products that actually emit 

VOCs into New Jersey’s air and not to 

interfere in the transportation of goods 

that are destined for use outside of the 

State. 

2. Portable Fuel Containers 

Subchapter 24 regulates portable fuel 

containers and/or spouts. New Jersey 

revised Subchapter 24’s provisions 

consistent with the OTC’s 2007 model 

rule that was in turn based on the 2006 

CARB regulation. The revised rule 

requires that portable fuel containers 

and/or spouts must now be certified for 

use and sale by the manufacturer 

through CARB or the EPA as meeting 

performance standards or specifically 

exempted by either CARB or EPA. The 

revised rule also applies to containers 

labeled for kerosene use. Other revisions 

incorporated into Subchapter 24 

include: modifying the existing spout 

regulations in order to improve spillage 

control; elimination of the fuel flow rate 

and fill level performance standards; 

elimination of the automatic shutoff 

performance standard; and new portable 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
42674 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 

1See 75 FR 2938 (January 19, 2010). In this 

proposed rule, based upon reconsideration of the 

primary and secondary ozone standards, EPA 

proposed to set different primary and secondary 

standards than those promulgated in March 2008 to 

provide requisite protection of public health and 

welfare, respectively. 

fuel container testing procedures to 

streamline testing. Portable fuel 

containers or spouts or both portable 

fuel containers and spouts, that do not 

meet the new specifications, 

manufactured before January 28, 2009 

may continue to be sold until December 

29, 2009 provided it is labeled or 

designated for use solely with kerosene 

and the date of manufacture or a datecode representing the date of 

manufacture is clearly displayed on the 

product. Subchapter 24 includes 

administrative requirements, such as 

labeling, recordkeeping, and reporting 

requirements. 

C. What is EPA’s evaluation? 

The revisions to Subchapter 24 

expand the number of consumer 

product categories that are regulated 

and revised and improved the portable 

fuel container requirements consistent 

with the OTC Model rules and CARB 

rules. These changes will result in 

additional VOC emission reductions. 

EPA has evaluated New Jersey’s 

revisions to Subchapter 24 for 

consistency with the Act, EPA 

regulations, and EPA policy. EPA has 

determined that the revisions to 

Subchapter 24 meet the section 110 SIP 

revision requirements of the Act. EPA is 

proposing to approve this rule. 

III. What is EPA’s evaluation of 

‘‘Subchapter 26, Prevention of Air 

Pollution From Adhesives, Sealants, 

Adhesive Primers and Sealant 

Primers?’’ 

A. Background 

The OTC States developed a Model 

Rule entitled ‘‘OTC Model Rule For 

Adhesives and Sealants’’ dated 2006 

which was based on the 1998 CARB 

reasonably available control technology 

determination. This RACT 

determination applied to both the 

manufacture and use of adhesives, 

sealants, adhesive primers or sealant 

primers, in both industrial/ 

manufacturing facilities and in the field. 

California air districts used this 

determination to develop regulations for 

this category. The EPA addressed this 

source category with a Control 

Techniques Guideline (CTG) document 

for Miscellaneous Industrial Adhesives 

dated September 2008. This CTG was 

developed in response to the Section 

183(e) requirement for EPA to study and 

regulate consumer and commercial 

products included in EPA’s Report to 

Congress, ‘‘Study of Volatile Organic 

Compound Emissions from Consumer 

and Commercial Products— 

Comprehensive Emissions Inventory.’’ 

The section 183(e) miscellaneous 

industrial adhesives category was 

limited to adhesives and adhesive 

primers used in industrial/ 

manufacturing operations and did not 

include products applied in the field. 

Therefore, the OTC Model Rule and 

state efforts in developing individual 

regulations preceded EPA’s CTG for this 

source category and were broader in 

applicability. 

B. What Does Subchapter 26 Require? 

Subchapter 26 is a new rule based on 

the OTC model rule that in turn was 

based on the CARB model rule. 

Subchapter 26 addresses adhesive, 

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, roofing installations, etc. 

Small container household adhesives 

are regulated by ‘‘Subchapter 24, 

Prevention of Air Pollution from 

Consumer Products.’’ 

Subchapter 26 is applicable to those 

who sell, supply, offer for sale or 

manufacture for sale, in New Jersey, any 

adhesives, sealants, adhesive primer or 

sealant primer, for use in New Jersey. It 

is also applicable to any person who 

uses or applies any adhesive, sealant, 

adhesive primer or sealant primer for 

compensation within New Jersey. This 

rule will not apply to homeowners who 

may be using these products for home 

repair and renovations. The VOC limits 

apply to those products manufactured 

for sale and use in New Jersey on and 

after January 1, 2009 and allows for the 

unlimited sell-through and use of noncompliant products manufactured 

before January 1, 2009 provided they 

contain a date or date code when they 

were manufactured. These limits are 

identical to those in the OTC and CARB 

model rules. The limits also apply to all 

products manufactured after January 1, 

2009 in New Jersey for sale and use in 

New Jersey. 

As an alternative to the VOC limits 

established in Table 1 of Subchapter 26, 

operators of stationary sources that use 

or apply adhesives, sealants, or adhesive 

or sealant primers have the option of 

using add-on pollution control 

equipment rather than complying with 

the Table 1 limits. Requirements 

applying to air pollution control 

equipment include: an overall capture 

and control efficiency of at least 85 

percent, by weight; the continuous 

monitoring of combustion temperature, 

inlet and exhaust gas temperatures and 

control device efficiency, depending 

upon the type of add-on controls used; 

and the maintenance of operation 

records to demonstrate compliance. 

Subchapter 26 contains requirements 

for work practices, surface preparation 

and cleanup solvent composition. 

Subchapter 26 also includes specific 

exemptions, as well as registration and 

product labeling requirements, 

recordkeeping requirements, and test 

methods and compliance procedures. 

C. What is EPA’s evaluation? 

Subchapter 26 contains the required 

elements for a federally enforceable 

rule: emission limitations, compliance 

procedures and test methods, 

compliance dates and record keeping 

provisions. 

In comparison to the CTG, Subchapter 

26 is applicable to all stationary sources 

including those applications that occur 

outside of the factory setting, that is, 

applied in the field. In addition there 

are provisions that apply to the selling, 

supplying, offering for sale or 

manufacture for sale in New Jersey of 

adhesives, sealants, adhesive primers 

and sealant primers along with 

container labeling requirements and 

product registrations. The VOC content 

restrictions for these products apply to 

both their manufacture and application. 

Stationary sources also have the option 

of using add-on control equipment that 

achieves 85 percent control. Subchapter 

26 also regulates the VOC content/vapor 

pressure of surface-preparation and 

clean-up solvents for which the CTG did 

not make recommendations for other 

than including work practices. 

EPA recommends that when the states 

evaluate RACT, as required by section 

182(b) when implementing a revised 8- 

hour ozone standard,1 that they review 

the VOC content limits for wood 

adhesives and evaluate the benefit of 

requiring improved methods for 

applying coatings regulated by 

Subchapter 26. 

Overall, Subchapter 26: (1) Regulates 

the same adhesives and adhesive 

primers as the CTG with the addition of 

regulating sealants and sealant primers, 

(2) applies to additional stationary 

sources, and (3) provides for similar 

exemptions as the CTG recommends. 

EPA has evaluated New Jersey’s 

submittal for consistency with the Act, 

EPA regulations, and EPA policy. EPA 

has determined that Subchapter 26 is as 

effective in regulating this source 

category as the CTG and proposes to 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 42675 

approve it as part of the SIP and as 

meeting the requirement to adopt a 

RACT rule for the Miscellaneous 

Industrial Adhesives CTG category. 

IV. What is EPA’s evaluation of 

‘‘Subchapter 34, TBAC Emissions 

Reporting?’’ 

A. What does EPA require? 

The EPA revised the definition of 

VOC to exclude tertiary butyl acetate or 

t-butyl acetate (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. See 69 FR 

69298 (November 29, 2004). While 

TBAC is now considered ‘‘negligibly 

reactive,’’ EPA is concerned that should 

TBAC usage substantially increase it 

may contribute significantly to ozone 

formation even with its lower reactivity. 

For this reason it is necessary to track 

and account for TBAC emissions. 

B. What does Subchapter 34 require? 

New Jersey proposed and adopted a 

new rule, Subchapter 34, to meet these 

requirements along with a revised 

definition of VOC that is consistent with 

EPA’s definition in 40 CFR 51.100(s). It 

requires manufacturers located in New 

Jersey who manufacture TBAC or a 

product containing TBAC, or 

manufacturers who produce a product 

containing TBAC that is sold in New 

Jersey, to report the estimated amount of 

actual emissions in pounds per ozoneseason day and pounds per year that is 

emitted in New Jersey. The rule also 

contains methods for calculating the 

amount of TBAC and recordkeeping 

requirements. 

C. What is EPA’s evaluation? 

Generally the rule satisfies EPA 

requirements and guidance with one 

exception. The rule requires the 

reporting of ‘‘pounds per ozone-season 

day,’’ but only contains a definition for 

‘‘ozone season.’’ In the ‘‘Background’’ 

section of the proposed rulemaking (39 

New Jersey Register 4492, November 5, 

2007), New Jersey states that in 

developing the TBAC rule, it based its 

requirements on the Department of 

Environment Protection’s other air 

pollution control rules with similar 

reporting requirements, such as the 

Subchapter 21 ‘‘Emission Statements’’ 

rule. EPA suggests that the next time 

Subchapter 34 is revised, that the 

definition for ‘‘ozone-season’’ be 

clarified to refer to peak ozone season as 

used in Subchapter 21. In the meantime, 

should there be any confusion with the 

term ozone-season, users should use the 

definition in Subchapter 21 ‘‘Emission 

Statements’’ and as used specifically in 

Subchapter 21.5(f). With this 

clarification, Subchapter 34 addresses 

all EPA requirements necessary to 

account for TBAC emissions. EPA is 

proposing to approve this rule. 

V. What other rules are affected by the 

VOC definition change and EPA’s 

evaluation? 

A. What other rules include the VOC 

definition change? 

The term VOC is used in several other 

New Jersey regulations: 

‘‘Subchapter 8, Permits and Certificates 

for Minor Facilities (and Major 

Facilities without an Operating 

Permit);’’ 

‘‘Subchapter 16, Control and Prohibition 

of Air Pollution by Volatile Organic 

Compounds;’’ 

‘‘Subchapter 17, Control and Prohibition 

of Air Pollution By Toxic Substances;’’ 

‘‘Subchapter 18, Control and Prohibition 

of Air Pollution from New or Altered 

Sources Affecting Ambient Air 

Quality (Emission Offset Rule);’’ 

‘‘Subchapter 19, Control and Prohibition 

of Air Pollution From Oxides of 

Nitrogen;’’ 

‘‘Subchapter 21, Emission Statements;’’ 

‘‘Subchapter 22, Operating Permits;’’ 

‘‘Subchapter 23, Prevention of Air 

Pollution From Architectural 

Coatings;’’ and 

‘‘Subchapter 25, Control and Prohibition 

of Air Pollution by Vehicular Fuels.’’ 

These rules have been amended to 

include the revised definition of VOC 

that addresses the TBAC requirements. 

B. What is EPA’s evaluation? 

EPA has evaluated New Jersey’s 

revised VOC definition for consistency 

with the Act, EPA regulations, and EPA 

policy. The revised definition of VOC as 

used in the above rules is consistent 

with EPA’s definition in 40 CFR 

51.100(s). 

At this time EPA is only proposing to 

approve as part of the SIP ‘‘Subchapter 

23, Prevention of Air Pollution From 

Architectural Coatings,’’ and 

‘‘Subchapter 25, Control and Prohibition 

of Air Pollution by Vehicular Fuels.’’ 

Subchapters 16, 19, and 21 were 

proposed for approval as part of the SIP 

on April 23, 2010 (78 FR 21197). 

Subchapter 22 is not part of the SIP. 

EPA will act on the other rules in a 

separate Federal Register at a later date. 

VI. What action is EPA proposing? 

These new and revised rules will 

strengthen the SIP by providing 

additional VOC emission reductions 

and fulfilling commitments New Jersey 

made in its 8-hour Ozone Attainment 

Demonstration SIP (1997 standard) to 

adopt these rules. EPA is proposing to 

approve ‘‘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 title 

7, chapter 27 of the New Jersey 

Administrative Codes. 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 at a later date. 

EPA is also proposing to fully approve 

New Jersey’s RACT analysis as New 

Jersey has fulfilled its commitment to 

adopt the identified RACT rules, the last 

of which are being proposed for 

approval in this action. 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. 

VII. 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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
42676 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 12, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2010–17949 Filed 7–21–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2002–0058; EPA–HQ–OAR– 

2006–0790; EPA–HQ–OAR–2003–0119; 

FRL–9178–2] 

RIN 2060–AG69, RIN 2060–AM44, RIN 2060– 

AO12 

National Emission Standards for 

Hazardous Air Pollutants for Major 

Sources: Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters; National Emission Standards 

for Hazardous Air Pollutants for Area 

Sources: Industrial, Commercial, and 

Institutional Boilers; Standards of 

Performance for New Stationary 

Sources and Emission Guidelines for 

Existing Sources: Commercial and 

Industrial Solid Waste Incineration 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of public comment 

period. 

SUMMARY: On April 29, 2010, the EPA 

Administrator signed proposed 

emission standards for the following 

source categories: Industrial, 

Commercial, and Institutional Boilers 

and Process Heaters located at major 

sources; Industrial, Commercial, and 

Institutional Boilers located at area 

sources; and Commercial and Industrial 

Solid Waste Incineration Units. These 

proposed rule documents were 

published on June 4, 2010. In this 

action, EPA is extending the comment 

period for these three related proposed 

rules until August 23, 2010. This 

extension will provide additional time 

for public participation. 

DATES: Comments. This document 

extends the comment periods for 3 

proposed rule documents published on 

June 4, 2010. Comments on FR Doc 

2010–10827 (75 FR 32006); FR Doc 

2010–10832 (75 FR 31896); and FR Doc 

2010–10821 (75 FR 31938) must be 

received on or before August 23, 2010. 

ADDRESSES: Submit your comments, 

identified by one of the following 

Docket ID Nos., EPA–HQ–OAR–2002– 

0058 (Industrial, Commercial, and 

Institutional Boilers and Process Heaters 

located at major sources), EPA–HQ– 

OAR–2006–0790 (Industrial, 

Commercial, and Institutional Boilers 

located at area sources), or EPA–HQ– 

OAR–2003–0119 (Commercial and 

Industrial Solid Waste Incineration 

Units), by one of the following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: U.S. Postal Service, send 

comments to: EPA Docket Center 

(6102T), 1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Please include 

as the second line of the address the 

name of the proposal that you are 

commenting on and the Docket ID No. 

Please include a total of two copies. 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center (6102T), EPA West, Room 

3334, 1301 Constitution Avenue, NW., 

Washington, DC 20004. Please include 

as the second line of the address the 

name of the proposal that you are 

commenting on and the Docket ID No. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. Please include a total of 

two copies. 

Instructions: Direct your comments to 

one of the following Docket ID Nos.: 

EPA–HQ–OAR–2002–0058, EPA–HQ– 

OAR–2006–0790, or EPA–HQ–OAR– 

2003–0119. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available Online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 


emcdonald on DSK2BSOYB1PROD with PROPOSALS