42412 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Rules and Regulations

considered to be private health

insurance providers within the meaning

of this provision. However, the

constantly evolving variety of

innovative funding sources for

institutional care precludes any attempt

to specifically address each possible

situation in these regulations. Our

administrative issuances provide

guidance to adjudicators in determining

whether particular HMOs, or other

kinds of insurers, may or may not be

considered private health insurance

providers. We also received several

other comments, but they were not

within the scope of this rulemaking.

Therefore, the interim final rules are

adopted as final without change.

Dated: July 28, 1997.

John J. Callahan,

Acting Commissioner for Social Security.

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

Accordingly, the interim final rules

amending 20 CFR part 416 which were

published at 62 FR 1053 on January 8,

1997, are adopted as final without

change.

[FR Doc. 97–20741 Filed 8–6–97; 8:45 am]

BILLING CODE 4190–29–P

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.

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 nonCTG 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
Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Rules and Regulations 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:

§ 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.
42414 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Rules and Regulations

(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:

§ 52.1605 EPA-approved New Jersey

regulations.

State regulation

State

effective

date

EPA

approved

date

Comments

* * * * * * *

Title 7, Chapter 27

* * * * * * *

Subchapter 8, ‘‘Permits and Certificates, Hearings,

and Confidentiality’’.

Apr. 5, 1985 Nov. 25, 1986,

51 FR 42573.

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 Prohibition of Air Pollution by Volatile Organic Compounds’’.July 17,

1995.

August 7, 1997

[FR page citation].

Earlier versions of Subchapter 16 remain part of the

SIP only to the extent of determining compliance

dates which have since passed.

Subchapter 17, ‘‘Control and Prohibition of Air Pollution by Toxic Substances’’.June 20,

1994.

August 7, 1997

[FR page citation].

Subchapter 17 is included in the SIP only as it relates

to the control of perchloroethylene.

* * * * * * *

Subchapter 23, ‘‘Prevention of Air Pollution from Architectural Coatings and Consumer Products’’.June 20,

1994.

August 7, 1997

[FR page citation].

* * * * * * *

Subchapter 25, ‘‘Control and Prohibition of Air Pollution by Vehicular Fuels’’.June 20,

1994.

August 7, 1997

[FR page citation].

Approves 1992 revision of Subchapter 25 except 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: Sampling and Analytic Procedures for the Determination of Volatile

Organic Compounds from Source Operations’’.

June 20,

1994.

August 7, 1997

[FR page citation].

[FR Doc. 97–20827 Filed 8–6–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5869–3]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Intent to Delete

Spokane Junkyard and Associated

Properties Site from the National

Priorities List: Request for Comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region 10 announces its

intent to delete the Spokane Junkyard

and Associated Properties Site (the Site)

from the National Priorities List (NPL)

and requests public comment on this

action. The NPL constitutes Appendix B

of 40 CFR part 300 which is the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP),

which EPA promulgated pursuant to

Section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA) as amended. EPA and the

State of Washington Department of

Ecology (Ecology) have determined that

the Site poses no significant threat to

public health and the environment and,

therefore, all appropriate CERCLA

actions have been implemented, and no

further cleanup is appropriate.

DATES: Comments concerning this site

may be submitted on or before

September 8, 1997.

ADDRESSES: Comments may be mailed

to: Kevin Rochlin, Office of

Environmental Cleanup, U.S.

Environmental Protection Agency,

Region 10, 1200 6th Avenue, Mail Stop:

ECL–111, Seattle, Washington 98101.