[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Rules and Regulations]
[Pages 24035-24036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11488]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ26-2-165, FRL-5813-9]


Approval and Promulgation of Implementation Plans; New Jersey; 
Consumer and Commercial Products Rule

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 new rule 
Subchapter 24, ``Control and Prohibition of Volatile Organic Compounds 
(VOCs) from Consumer and Commercial Products,'' which establishes 
limits on the amount of VOCs contained in certain consumer and 
commercial products. The intended effect is to reduce the emission of 
VOCs released to the atmosphere which will assist in attaining the 
health based ozone air quality standard.

EFFECTIVE DATE: This rule will be effective June 2, 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: Kirk J. Wieber, Environmental 
Engineer, Air Programs Branch, Environmental Protection Agency, 290 
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION: On January 21, 1997 (62 FR 2984) 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 Subchapter 
24, ``Control and Prohibition of Volatile Organic Compounds from 
Consumer and Commercial Products,'' of New Jersey Administrative Code 
(N.J.A.C) of 7:27-24. This new rule was adopted by New Jersey on 
October 3, 1995 and became effective upon publication in the New Jersey 
Register on November 6, 1995.
    The revisions and rationale for EPA's approval and rulemaking 
actions were explained in the January 21, 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 adoption of new rule Subchapter 24, ``Control 
and Prohibition of Volatile Organic Compounds from Consumer and 
Commercial Products'' 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 factors and in relation to relevant statutory and 
regulatory requirements.

Administrative Requirements

Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. 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 the 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

[[Page 24036]]

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 July 1, 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: April 7, 1997.
William J. Muszynski,
Acting 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)(62) to 
read as follows:


Sec. 52.1570  Identification of plan.

* * * * *
    (c) * * *
    (62) Revisions to the New Jersey State Implementation Plan (SIP) 
for ozone concerning the control of volatile organic compounds from 
consumer and commercial products, dated January 25, 1996 submitted by 
the New Jersey Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Title 7, Chapter 27, Subchapter 24, of the New Jersey 
Administrative Code entitled ``Control and Prohibition of Volatile 
Organic Compounds from Consumer and Commercial Products' effective 
November 6, 1995.
    (ii) Additional material.
    (A) January 25, 1996 letter from Robert C. Shinn, Jr., NJDEP, to 
Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 24.
    3. In 52.1605 the table is amended by adding a new entry for 
Subchapter 24 under the heading ``Title 7, Chapter 27'' 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                                                                                   
                                                                                                                
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Subchapter 24, ``Control and            Nov. 6, 1995...........  May 2, 1997 66 FR......                        
 Prohibition of Volatile Organic                                                                                
 Compounds from Consumer and                                                                                    
 Commercial Products''.                                                                                         
*                  *                  *                  *                  *                  *                
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[FR Doc. 97-11488 Filed 5-1-97; 8:45 am]
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