[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Rules and Regulations]
[Pages 42412-42414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20827]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ17-2-169, FRL-5868-4]


Approval and Promulgation of Implementation Plans; Reasonably 
Available Control Technology for Volatile Organic Compounds for the 
State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is announcing the approval of a revision to the New 
Jersey State Implementation Plan (SIP) for the attainment and 
maintenance of the national ambient air quality standards for Ozone. 
The SIP revision was submitted by the New Jersey Department of 
Environmental Protection and consists of the adopted revisions to 
Subchapter 16 ``Control and Prohibition of Air Pollution by Volatile 
Organic Compounds.'' These revisions relate to the control of volatile 
organic compounds from major stationary sources not subject to control 
techniques guidelines (CTG). The intended effect is to reduce the 
emissions of volatile organic compounds and thereby reduce ozone 
concentrations in the lower atmosphere which will assist in attaining 
the health based ozone air quality standard. EPA finds that the State 
has met the Clean Air Act requirement to adopt reasonably available 
control technology for non-CTG major sources.
    EPA is also approving revisions to Subchapter 8 ``Permits and 
Certificates,'' Subchapter 17 ``Control and Prohibition of Air 
Pollution by Toxic Substances,'' Subchapter 23 ``Prevention of Air 
Pollution From Architectural Coatings and Consumer Products'' and 
Subchapter 25 ``Control and Prohibition of Air Pollution by Vehicular 
Fuels,'' and Air Test Method 3--Sampling and Analytical Procedures for 
the Determination of Volatile Organic Compounds from Source Operations 
(Title 7, Chapter 27B, Subchapter 3).

EFFECTIVE DATE: This rule will be effective September 8, 1997.

ADDRESSES: Copies of New Jersey's submittal are available at the 
following addresses for inspection during normal business hours:

Environmental Protection Agency, Region 2 Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866
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
Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, S.W., Washington, 
D.C. 20460

FOR FURTHER INFORMATION CONTACT: Paul R. Truchan, Environmental 
Engineer, Air Programs Branch, Environmental Protection Agency, 290 
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION: On April 11, 1997 (62 FR 17766) EPA 
published, in the Federal Register, a proposed approval of a request by 
the State of New Jersey to revise its State Implementation Plan (SIP) 
for ozone. This revision to the New Jersey Ozone SIP added revisions to 
Subchapter 16, ``Control and Prohibition of Air Pollution by Volatile 
Organic Compounds,'' of New Jersey Administrative Code (N.J.A.C.) of 
Title 7, Chapter 27 which have occurred several times since EPA's last 
action. EPA is approving all changes which have occurred in Subchapter 
16 (effective date March 2, 1992) since EPA's last approval on April 
15, 1994 (59 FR 1994). This includes the following versions of 
Subchapter 16 with effective dates of December 20, 1993, June 20, 1994, 
December 5, 1994, May 15, 1995, and July 17, 1995.
    EPA is also approving revisions to Subchapter 8 ``Permits and 
Certificates'' (sections 8.1 and 8.2), Subchapter 17 ``Control and 
Prohibition of Air Pollution by Toxic Substances,'' Subchapter 23 
``Prevention of Air Pollution From Architectural Coatings and Consumer 
Products'' and Subchapter 25 ``Control and Prohibition of Air Pollution 
by Vehicular Fuels,'' and Air Test Method 3--Sampling and Analytical 
Procedures for the Determination of Volatile Organic Compounds from 
Source Operations (Title 7, Chapter 27B, Subchapter 3). These revisions 
were effective July 17, 1995 and only involve administrative changes 
made to insure consistency with Subchapter 16 revisions.
    Today's approval by EPA will revise the State Implementation Plan 
so that it contains the most current versions of the State regulations 
which were submitted as SIP revisions. The revisions and rationale for 
EPA's approval and rulemaking actions were explained in the April 11, 
1997 proposal and will not be restated here. The reader is referred to 
the proposal for a detailed explanation of New Jersey's SIP revision. 
In response to EPA's proposed approval of New Jersey's SIP revision, no 
comments were received.

Conclusion

    EPA is approving the revisions of Subchapter 8, ``Permits and 
Certificates'' (sections 8.1 and 8.2), Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds,'' 
Subchapter 17, ``Control and Prohibition of Air Pollution by Toxic 
Substances,'' Subchapter 23, ``Prevention of Air Pollution From 
Architectural Coatings and Consumer Products,'' and Subchapter 25, 
``Control and Prohibition of Air Pollution by Vehicular Fuels,'' and to 
Title 7, Chapter 27B, Subchapter 3 of the New Jersey Administrative 
Code Air Test Method 3--``Sampling and Analytical Procedures for the 
Determination of Volatile Organic Compounds from Source Operations,'' 
into the New Jersey SIP for the attainment and maintenance of the 
national ambient air quality standards for Ozone.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental

[[Page 42413]]

factors and in relation to relevant statutory and regulatory 
requirements.

Administrative Requirements

Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from E.O. 12866 review.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act (Act) do not create any new requirements but simply 
approve requirements that the state is already imposing. Therefore, 
because the federal SIP approval does not impose any new requirements, 
I certify that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the Federal-State 
relationship under the Act, preparation of a flexibility analysis would 
constitute federal inquiry into the economic reasonableness of state 
action. The Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to state, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a federal mandate that may result in estimated annual costs of 
$100 million or more to either state, local, or tribal governments in 
the aggregate, or to the private sector. This federal action approves 
pre-existing requirements under state or local law, and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 6, 1997. 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, Hydrocarbons, 
Incorporation by reference, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: July 21, 1997.
William J. Muszynski,
Deputy Regional Administrator.

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

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart FF--New Jersey

    2. Section 52.1570 is amended by adding new paragraph (c)(63) to 
read as follows:


Sec. 52.1570  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (63) Revisions to the New Jersey State Implementation Plan (SIP) 
for ozone concerning the control of volatile organic compounds from 
stationary sources, dated November 15, 1993 and two revisions dated 
June 21, 1996 submitted by the New Jersey Department of Environmental 
Protection (NJDEP).
    (i) Incorporation by reference:
    (A) Amendments effective December 20, 1993 to Title 7, Chapter 27 
of the New Jersey Administrative Code Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (B) Amendments effective June 20, 1994 to Title 7, Chapter 27 of 
the New Jersey Administrative Code: Subchapter 8, ``Permits and 
Certificates'' (sections 8.1 and 8.2), Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds,'' 
Subchapter 17, ``Control and Prohibition of Air Pollution by Toxic 
Substances,'' Subchapter 23, ``Prevention of Air Pollution From 
Architectural Coatings and Consumer Products,'' and Subchapter 25, 
``Control and Prohibition of Air Pollution by Vehicular Fuels.'' 
Amendments effective June 20, 1994 to Title 7, Chapter 27B, Subchapter 
3 of the New Jersey Administrative Code Air Test Method 3--``Sampling 
and Analytical Procedures for the Determination of Volatile Organic 
Compounds from Source Operations.''
    (C) Amendments effective December 5, 1994 to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (D) Amendments effective May 15, 1995 to Title 7, Chapter 27 of the 
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition 
of Air Pollution by Volatile Organic Compounds.''
    (E) Amendments effective July 17, 1995 to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (ii) Additional material:
    (A) November 15, 1993 letter from Jeanne Fox, NJDEP, to William J. 
Muszynski, EPA, requesting EPA approval of Subchapter 16.
    (B) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to 
Jeanne M. Fox, EPA, requesting EPA approval of Subchapters 8, 16, 17, 
23, 25 and Air Test Method 3.

[[Page 42414]]

    (C) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to 
Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 16.
    3. Section 52.1605 is amended by revising the entries for 
Subchapters 8, 16, 17, 23, and 25 under the heading ``Title 7, Chapter 
27'' and Subchapter 3 under the heading ``Title 7, Chapter 27B to the 
table 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                                                                                             
                                                                                                                
                          *         *         *         *         *         *         *                         
Subchapter 8, ``Permits and         Apr. 5, 1985..........  Nov. 25, 1986, 51 FR                                
 Certificates, Hearings, and                                 42573.                                             
 Confidentiality''.                                                                                             
Section 8.11......................  Mar. 2, 1992..........  Apr. 15, 1994, 59 FR                                
                                                             17935.                                             
Sections 8.1 and 8.2..............  June 20, 1994.........  August 7, 1997 [FR page                             
                                                             citation].                                         
                                                                                                                
                          *         *         *         *         *         *         *                         
Subchapter 16, ``Control and        July 17, 1995.........  August 7, 1997 [FR page    Earlier versions of      
 Prohibition of Air Pollution by                             citation].                 Subchapter 16 remain    
 Volatile Organic Compounds''.                                                          part of the SIP only to 
                                                                                        the extent of           
                                                                                        determining compliance  
                                                                                        dates which have since  
                                                                                        passed.                 
Subchapter 17, ``Control and        June 20, 1994.........  August 7, 1997 [FR page    Subchapter 17 is included
 Prohibition of Air Pollution by                             citation].                 in the SIP only as it   
 Toxic Substances''.                                                                    relates to the control  
                                                                                        of perchloroethylene.   
                                                                                                                
                          *         *         *         *         *         *         *                         
Subchapter 23, ``Prevention of Air  June 20, 1994.........  August 7, 1997 [FR page                             
 Pollution from Architectural                                citation].                                         
 Coatings and Consumer Products''.                                                                              
                                                                                                                
                          *         *         *         *         *         *         *                         
Subchapter 25, ``Control and        June 20, 1994.........  August 7, 1997 [FR page    Approves 1992 revision of
 Prohibition of Air Pollution by                             citation].                 Subchapter 25 except    
 Vehicular Fuels''.                                                                     that (1) oxygenated     
                                                                                        gasoline provisions are 
                                                                                        approved only as they   
                                                                                        apply to the four month 
                                                                                        control period from     
                                                                                        November 1 through the  
                                                                                        last day in February,   
                                                                                        consistent with the     
                                                                                        February 21, 1995 NJDEP 
                                                                                        modification of N.J.A.C.
                                                                                        7:27-25; and (2)        
                                                                                        oxygenated gasoline     
                                                                                        provisions are approved 
                                                                                        only as they apply to   
                                                                                        the Northern New Jersey 
                                                                                        portion of the New York-
                                                                                        Northern New Jersey-Long
                                                                                        Island consolidated     
                                                                                        metropolitan statistical
                                                                                        area.                   
                                                                                                                
                          *         *         *         *         *         *         *                         
Title 7, Chapter 27B                                                                                            
Subchapter 3, ``Air Test Method 3:  June 20, 1994.........  August 7, 1997 [FR page                             
 Sampling and Analytic Procedures                            citation].                                         
 for the Determination of Volatile                                                                              
 Organic Compounds from Source                                                                                  
 Operations''.                                                                                                  
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[FR Doc. 97-20827 Filed 8-6-97; 8:45 am]
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