Federal Register, Volume 62 Issue 152 (Thursday, August 7, 1997)

[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]

=======================================================================
-----------------------------------------------------------------------

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 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.

----------------------------------------------------------------------------------------------------------------
State regulation State effective date EPA approved date Comments
----------------------------------------------------------------------------------------------------------------

* * * * * * *
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''.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 97-20827 Filed 8-6-97; 8:45 am]
BILLING CODE 6560-50-P