[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18991]


[[Page Unknown]]

[Federal Register: August 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[Region II Docket No. 130; NJ14-2-6524, FRL-5010-9]

 

Approval and Promulgation of Implementation Plans; New Jersey 
Emission Statement Program

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 its State Implementation Plan (SIP) for 
the purpose of implementing an Emission Statement Program for 
stationary sources in New Jersey. The SIP was submitted by New Jersey 
to satisfy the Clean Air Act requirements for stationary sources to 
report annually to the State their emissions of volatile organic 
compounds (VOCs) and oxides of nitrogen (NOx) and for the State to 
make this data available to EPA and the public.

EFFECTIVE DATE: This action will be effective September 6, 1994.

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

Environmental Protection Agency, Region II Office, Air Programs Branch, 
26 Federal Plaza, Room 1034A, New York, New York 10278.
New Jersey Department of Environmental Protection and Energy, Office of 
Energy, Bureau of Air Quality Planning, Bureau of Air Pollution 
Control, 401 East State Street, CN027, Trenton, New Jersey 08625.
Environmental Protection Agency, Air and Radiation Docket and 
Information Center (MC 6102), 401 M Street SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs 
Branch, Environmental Protection Agency, 26 Federal Plaza, Room 1034A, 
New York, New York 10278, (212) 264-2517.

SUPPLEMENTARY INFORMATION:

Background

    On April 4, 1994, the Environmental Protection Agency (EPA) 
published in the Federal Register (59 FR 15689) a Notice of Proposed 
Rulemaking proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of New Jersey for its Emission 
Statement Program. The SIP revision was submitted to satisfy Section 
182(a) of the Clean Air Act which requires stationary sources to report 
on an annual basis their emissions of volatile organic compounds (VOCs) 
and oxides of nitrogen (NOx).

Conclusion

    The rationale for EPA's proposed approval was explained in the 
Notice of Proposed Rulemaking and will not be restated here since EPA's 
final action does not differ from the proposed action. EPA 
inadvertently omitted reference in the Proposed Rulemaking to 
Subchapter 1, ``General Provisions''; Subchapter 8, ``Permits and 
Certificates, Hearings, and Confidentiality''; and Subchapter 16, 
``Control and Prohibition of Air Pollution by Volatile Organic 
Compounds,'' but will take action on the changes made to these 
subchapters in a subsequent rulemaking. No public comments were 
received on the proposed action. Therefore, EPA is approving New 
Jersey's SIP revision incorporating Subchapter 21, ``Emission 
Statements.''
    Nothing in this rule 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 any SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    This rule makes final the action proposed at 59 FR 15689, April 4, 
1994. As noted elsewhere in this notice, EPA received no adverse public 
comment on the proposed action. As a direct result, the Regional 
Administrator has reclassified this action from Table 2 to Table 3 
under the processing procedures established at 54 FR 2214, January 19, 
1989.
    This rule has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future notice will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the 
requirements of Section 3 of Executive Order 12291 for a period of two 
years. The EPA has submitted a request for a permanent waiver for Table 
2 and 3 SIP revisions. The OMB has agreed to continue the temporary 
waiver until such time as it rules on EPA's request. This request 
continues in effect under Executive Order 12866 which superseded 
Executive Order 12291 on September 30, 1993. OMB has exempted this 
regulatory action from Executive Order 12866 review.
    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this rule must be filed in the United States Court 
of Appeals for the appropriate circuit within 60 days from date of 
publication. 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 rule may not be challenged 
later in proceedings to enforce its requirements. (See 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 27, 1994.
William J. Muszynski, P.E.,
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)(53) to 
read as follows:


Sec. 52.1570  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (53) A revision to the New Jersey State Implementation Plan (SIP) 
for an Emission Statement Program dated February 19, 1993, submitted by 
the New Jersey Department of Environmental Protection and Energy.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 21, of the New Jersey 
Administrative Code entitled, ``Emission Statements,'' effective March 
15, 1993.
    (ii) Additional information:
    (A) May 24, 1993 letter from John Elston to Conrad Simon, EPA, 
transmitting supporting documentation necessary for approval of the SIP 
revisions. These items included:
    (1) Notice of Adoption, March 15, 1993.
    (2) Justification of Gasoline Dispensing Facility Exemption.
    (B) October 29, 1993 letter from John Elston to Conrad Simon, EPA, 
transmitting legislative language to reflect change in New Jersey's Air 
Pollution Control Act regarding confidentiality provisions.
    (C) February 3, 1994 letter from John Elston to Conrad Simon, EPA, 
requesting the use of EPA's Emission Statement waiver provision.
    3. Section 52.1605 is amended by adding the entry for Subchapter 21 
under the heading ``Title 7, Chapter 27'' to the table in numerical 
order to read as follows:


Sec. 52.1605  EPA-approved New Jersey State regulations.

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                    State effective     EPA approved                    
 State regulation         date              date            Comments    
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                              * * * * * * *                             
 Title 7, Chapter                                                       
        27                                                              
                                                                        
                              * * * * * * *                             
Subchapter 21,     Mar. 15, 1993....  [insert date and                  
 ``Emission                            citation of                      
 Statements;''.                        this action].                    
                                                                        
                              * * * * * * *                             
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[FR Doc. 94-18991 Filed 8-3-94; 8:45 am]
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