[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Rules and Regulations]
[Pages 32273-32276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15034]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. 133; NJ20-1-6709a; FRL-5218-3]


Approval and Promulgation of Implementation Plans; Gasoline 
Volatility Regulation State of New Jersey

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is today announcing 
approval of certain revisions to the New Jersey State Implementation 
Plan (SIP) for ozone. This rule incorporates into the New Jersey SIP 
revisions to Subchapter 25, ``Control and Prohibition of Air Pollution 
by Vehicular Fuel.'' These revisions include a modification to the 
State's volatility standard for vehicular fuels and the addition of a 
procedure by which persons may apply for an exemption from the Reid 
Vapor Pressure (RVP) standard that allows the use of gasoline which 
does not comply with that standard. This action is necessary to keep 
the State's SIP consistent with changes to its existing regulations.

DATES: This action is effective on August 21, 1995 unless adverse or 
critical comments are received by July [[Page 32274]] 21, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: All comments should be addressed to: William S. Baker, 
Chief, Air Programs Branch, Air and Waste Management Division, 
Environmental Protection Agency, Region II Office, 26 Federal Plaza, 
New York, New York 10278.
    Copies of the state submittal are available at the following 
locations 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, Bureau of Air 
Quality Planning, 401 East State Street, CN027, Trenton, New Jersey 
08625.
Environmental Protection Agency, Public Information Reference Unit, 401 
M Street, S.W., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Michael P. Moltzen, Environmental 
Engineer, Technical Evaluation Section, Air Programs Branch, 
Environmental Protection Agency, 26 Federal Plaza, Room 1034A, New 
York, New York 10278, (212) 264-2517.

SUPPLEMENTARY INFORMATION:

Background

    On April 21, 1993, the New Jersey Department of Environmental 
Protection and Energy (NJDEP) submitted to the EPA revisions to the 
State's ozone SIP. This notice describes EPA's decision to approve as 
described below, those revisions to New Jersey's motor vehicle fuels 
volatility regulation, Subchapter 25 ``Control and Prohibition of Air 
Pollution by Vehicular Fuels,'' Title 7, Chapter 27 of the New Jersey 
Administrative Code (NJAC). Notice of Adoption of these revisions 
appeared in the New Jersey Register on September 3, 1991. Subchapter 25 
was first adopted by New Jersey on January 27, 1989 and approved by EPA 
on June 16, 1989 in 54 FR 25572. Approval of that regulation was based 
in part on NJDEP's commitment at the time to replace its test 
methodology to an EPA promulgated method (see 54 FR 25581). Today's 
revision to NJAC 7:27-25.4(d) fulfills that commitment.
    This EPA action on New Jersey's SIP revision takes into account the 
interaction of the New Jersey regulations and the federal reformulated 
gasoline regulations, promulgated by EPA on February 16, 1994. The New 
Jersey standard for RVP is a maximum of 9.0 psi, which EPA approved on 
June 16, 1989. New Jersey also is subject to federal reformulated 
gasoline requirements, which set an RVP maximum of 8.1 psi for the 
period May 1 through September 15 for calendar years 1995 through 1997. 
40 CFR 80.41, 80.65(a), 80.78(a)(1)(v). Starting in 1998, the 
reformulated gasoline standard changes from an RVP standard to a VOC 
performance standard. The then applicable federal standard will be a 
maximum RVP of 9.0 psi. 40 CFR 80.27(a)(2). Thus, the New Jersey RVP 
standard is identical to the federal standard starting in 1998, but the 
reformulated gasoline summertime RVP standard is more stringent for the 
years 1995-1997.
    EPA promulgated the reformulated gasoline rules under the authority 
of both Sec. 211(k) and Sec. 211(c)(1), thereby triggering application 
of Sec. 211(c)(4). This provision preempts states from prescribing or 
attempting to enforce any ``control or prohibition of the 
characteristic or component of a fuel or fuel additive'' that is 
nonidentical to one the Administrator has promulgated under 
Sec. 211(c)(1). There is an exception for a nonidentical standard 
contained in a state SIP where the standard is ``necessary to achieve'' 
the primary or secondary NAAQS that the SIP implements.
    New Jersey's volatility regulations include a nonidentical standard 
for RVP during the annual periods of the three years that the federal 
RVP standard for reformulated gasoline will be in effect. During these 
periods, the federal standard preempts the state standard, and the 
nonidentical standard cannot be enforced. New Jersey has not changed 
its RVP standard since EPA last approved the state regulations.
    New Jersey's submission consists of various amendments to its 
previously approved State RVP regulations. It has not resubmitted the 
unamended portions of those regulations, and EPA takes no action on the 
unamended State regulations, including the RVP standard. EPA approves 
the amendments to New Jersey's State volatility regulations for 
purposes other than enforcement of New Jersey's 9.0 RVP standard for 
the period May 1 through September 15 for calendar years 1995-1997.
    NJDEP's submittal contained the following revisions to Subchapter 
25:
    The revision to NJAC 7:27-25.4(a)1 extends the period during which 
refiners, importers, blenders and distributors are required to test and 
prepare test reports documenting the RVP of gasoline they ship. This 
period, which was previously designated April 15 through September 1, 
has been extended fifteen days, making it April 15 through September 
15. This revision revises the State's required RVP testing period to 
encompass both the ``high ozone season'' (the period from June 1 to 
September 15) as well as the federally mandated ``regulatory control 
period'' (the period from May 1 to September 15) as defined in 40 CFR 
Sec. 80.27, ``Controls and prohibitions on gasoline volatility.'' EPA 
approves this revision for calendar year 1998 and later.
    Another revision to NJAC 7:27-25.4(a)1. allows persons subject to 
reporting requirements to substitute other documentation, in place of a 
test report, that certifies that the gasoline invoiced has a maximum 
RVP of 9.0 psi and complies with all applicable State and federal 
regulations. This revision is intended to reduce the paperwork burden 
on affected parties. EPA approves the reporting revision for calendar 
year 1998 and later.
    The revision to NJAC 7:27-25.4(d) replaces the method previously 
employed by the State to determine the RVP of gasoline with two EPA-
promulgated methods published at 40 CFR part 80, appendix E: Method 1--
Dry RVP Measurement Method and Method 2--Herzog Semi-Automatic Method. 
The previous method, the American Society for Testing and Materials 
(ASTM) Method D-323, was determined by EPA to understate the true RVP 
of gasoline when oxygenated additives are present in the fuel.
    The new section NJAC 7:27-25.7 establishes procedures whereby a 
waiver may be obtained to use gasoline which does not conform to the 
RVP standards for research and development purposes. New section 7:27-
25.8 establishes service fees for the application of these waivers and 
annual compliance fees for operations which obtain these waivers. The 
RVP standard is in effect during the May 1 through September 15 period. 
In addition to this new regulation, New Jersey has submitted an 
inventory estimating the excess emissions of volatile organic 
substances (VOS) from non-conforming gasoline used for research and 
development purposes. The requirements in NJAC 7:27-25.7, which must be 
fulfilled before a party can obtain a waiver are at least as stringent 
as those contained in 40 CFR 80.27(e) ``Testing exemptions.'' EPA 
approves the revisions to the test procedure regulations, but not for 
purposes of enforcing the State RVP requirement during calendar years 
1995-1997.
    The revision to NJAC 7:27-25.2 adds new definitions for the terms: 
ASTM, EPA, facility, non-conforming gasoline, product development, 
research, trial use [[Page 32275]] and volatile organic substances. In 
addition, five current definitions in NJAC 7:27-25.2 are revised for 
blender gasoline, person, Reid vapor pressure and standard conditions. 
In addition a number of minor nonsubstantive definition changes have 
been incorporated in the State's Response to Comments document included 
with the SIP submission. These changes and additions are consistent 
with EPA rules and are, therefore, approvable.

Conclusion

    New Jersey's Subchapter 25 was first promulgated to regulate and 
reduce the volatility of gasoline in order to control the emissions of 
ozone precursors. Today's action approves revisions to the State's 
Subchapter 25 as described above. Approval of these revisions brings 
New Jersey's SIP up to date with its current fuels regulations and 
incorporates changes necessary for successful implementation of fuel 
volatility regulations required by EPA.
    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.
    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. Thus, this direct final action 
will be effective August 21, 1995 unless, within 30 days of its 
publication, adverse or critical comments are received.
    If the EPA receives such comments, this rule will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this rule should 
do so at this time. If no adverse comments are received, the public is 
advised that this rule will be effective August 21, 1995. (See 47 FR 
27073 and 59 FR 24059).
    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 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. Moveover, due to the nature of the federal-state relationship 
under the Clean Air Act, preparation of a regulatory flexibility 
analysis would constitute federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. US 
EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.
    Under section 307(b)(1) of the 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

    Air pollution control, Hydrocarbons, Ozone, Incorporated by 
reference, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: May 2, 1995.
William J. Muszynski,
Deputy Regional Administrator.
    Title 40, chapter I, part 52, 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)(52) to 
read as follows:


Sec. 52.1570  Identification of plan.

* * * * *
    (c) * * *
    (52) Amendments submitted on April 21, 1993 by the New Jersey 
Department of Environmental Protection and Energy to New Jersey Air 
Code 7:27-25 revising the testing requirements to gasoline providers in 
New Jersey are subject.
    (i) Incorporation by reference:
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Subchapter 25, ``Control and Prohibition of Air 
Pollution from Vehicular Fuels,'' effective September 3, 1991.
    3. Section 52.1605 is amended by adding the entry for Subchapter 25 
to the table in numerical order as follows:

[[Page 32276]]

Sec. 52.1605  EPA-approved New Jersey State regulations.

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     State         State effective                                      
   regulation            date         EPA approved date      Comments   
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*                  *                  *                  *              
                  *                  *                  *               
Title 7,                                                                
 Chapter 27                                                             
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Subchapter 25,     September 3, 1991  [date and          Approves 1992  
 ``Control and                         citation of this   revisions     
 Prohibition of                        notice].           except that   
 Air Pollution                                            (1) for       
 by Vehicular                                             calendar years
 Fuels;''.                                                1995-1997,    
                                                          test procedure
                                                          revisions in  
                                                          N.J.A.C. 7:27-
                                                          25.4 (d) are  
                                                          approved for  
                                                          all uses other
                                                          than to       
                                                          enforce the   
                                                          9.0 RVP       
                                                          standard; and 
                                                          (2) testing   
                                                          and reporting 
                                                          period and    
                                                          recordkeeping 
                                                          revisions in  
                                                          N.J.A.C. 7:27-
                                                          25.4 (a) are  
                                                          approved for  
                                                          calendar year 
                                                          1998 and      
                                                          later.        
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
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[FR Doc. 95-15034 Filed 6-20-95; 8:45 am]
BILLING CODE 6560-50-P