[Federal Register Volume 66, Number 128 (Tuesday, July 3, 2001)]
[Rules and Regulations]
[Pages 35083-35087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16561]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6996-7]


Approval of Section 112(l) Authority for Hazardous Air 
Pollutants; Chemical Accident Prevention Provisions; Risk Management 
Plans; New Jersey Department of Environmental Protection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action grants the New Jersey Department of Environmental 
Protection (NJDEP) the authority to implement and enforce portions of 
the State of New Jersey's Toxic Catastrophe Prevention Act Program 
(TCPA), codified at New Jersey Administrative Code (NJAC) 7:31, in 
place of the Federal Chemical Accident Prevention regulations, 
promulgated by EPA under section 112(r) of the Clean Air Act (CAA), for 
all stationary sources with covered processes (``subject sources'') 
under New Jersey's jurisdiction. New Jersey's regulations will be 
incorporated by reference as ``New Jersey's Toxic Catastrophe 
Prevention Act Program'' in the Code of Federal Regulations. Pursuant 
to section 112(l) of the CAA, NJDEP requested approval to implement and 
enforce its TCPA rule in place of the Federal Chemical Accident 
Prevention regulations. NJDEP requested this authority for all subject 
sources under its jurisdiction except those that are covered only 
because they contain regulated quantities of LPG gases regulated under 
the New Jersey Liquified Petroleum Gas Act of 1950 (NJSA 21:1B). The 
EPA has reviewed this request and has concluded that it satisfies all 
of the requirements necessary to qualify for approval under section 
112(l). With the exceptions noted in section III of the

[[Page 35084]]

SUPPLEMENTARY INFORMATION, EPA substitutes the provisions of NJAC 7:31-
1.1 through 1.10 and NJAC 7:31-2.1 through 8.2, effective July 20, 
1998, for EPA regulations.

DATES: This rule is effective on September 4, 2001 without further 
notice, unless EPA receives relevant adverse comments by August 2, 
2001. If EPA receives such comment, it will publish a timely withdrawal 
in the Federal Register informing the public that this rule will not 
take effect. The incorporation by reference of certain publications 
listed in the regulations is approved by the Director of the Federal 
Register as of September 4, 2001.

ADDRESSES: Written comments should be addressed to: Steven C. Riva, 
Chief, Permitting Section, Air Programs Branch, U. S. Environmental 
Protection Agency, Region 2, 290 Broadway, New York, New York 10007-
1866, with a copy to Ms. Shirlee Schiffman, Chief, Bureau of Release 
Prevention, New Jersey Department of Environmental Protection, P.O. Box 
422, 401 East State Street, Trenton, New Jersey 08625-0422. Copies of 
the submitted requests are available for public review at EPA Region 
2's office during normal business hours (docket # A-2000-23). Any State 
responses to comments must be submitted to the Administrator within 30 
days of the close of the public comment period.

FOR FURTHER INFORMATION CONTACT: Umesh Dholakia at (212) 637-4023.

SUPPLEMENTARY INFORMATION:

I. Background

    The 1990 CAA Amendments added section 112(r) to provide for the 
prevention and mitigation of accidental chemical releases. Sections 
112(r) (3)-(5) mandate that EPA promulgate a list of ``regulated 
substances'' with threshold quantities. Processes at stationary sources 
that contain a threshold quantity of a regulated substance are subject 
to accidental release prevention regulations promulgated under CAA 
section 112(r)(7). Pursuant to section 112(r)(7), EPA published the 
list of regulated substances on January 31, 1994 (59 FR 4478), 
published the risk management program regulations on June 20, 1996 (61 
FR 31668), and subsequently amended both sets of regulations several 
times. These regulations are set forth at 40 CFR part 68.
    40 CFR part 68 requires, among other things, that owners and 
operators of stationary sources with more than a threshold quantity of 
a regulated substance in a process submit a risk management plan (RMP) 
by June 21, 1999, to a central location specified by EPA. A RMP must 
include an Off-site Consequence Analysis (OCA), a prevention program, 
and an emergency response program.
    It should be noted that the Chemical Safety Information, Site 
Security and Fuels Regulatory Relief Act, Public Law No. 106-40, which 
was enacted on August 5, 1999, excludes from coverage by the Federal 
Chemical Accident Prevention regulations any flammable fuel when used 
as fuel or held for sale as fuel by a retail facility. 40 CFR part 68 
was modified to conform with this provision on March 13, 2000 (65 FR 
13243). A rule concerning access to OCA information became effective on 
August 4, 2000 (65 FR 48108).
    The regulations at 40 CFR part 68 encourage sources to reduce the 
probability of accidentally releasing substances that have the 
potential to cause harm to public health and the environment. Further, 
the regulations are intended to stimulate dialog between industry and 
the public on ways to improve accident prevention and emergency 
response practices. Notwithstanding the emphasis of this program as 
delegated on risk management planning, owners and operators of 
stationary sources producing, processing, handling or storing a 
chemical listed in 40 CFR part 68 or any other extremely hazardous 
substance are still subject to a general duty to identify hazards and 
to design and maintain safe facilities as required by section 112(r)(1) 
of the Act and are subject to such requirements as the Administrator 
may determine are necessary in the case of an imminent and substantial 
endangerment pursuant to section 112(r)(9) of the Act. Under section 
112(l)(2) of the Act, EPA is required to publish guidance that governs 
how state, local, and territorial agencies, and Indian tribes as 
defined in 40 CFR 71.2 (S/L's), may develop and submit, and how we may 
approve, S/L air toxics rules or programs that meet the goals of the 
Act and the Federal air toxics program. On November 26, 1993, we 
finalized regulations that carried out this mandate. (58 FR 62262, 
Approval of State Programs and Delegation of Federal Authorities, Final 
Rule). The November 26, 1993 regulations, which can be found in 40 CFR 
part 63, subpart E, provide regulatory guidance regarding approval of 
S/L rules or programs that can be implemented and enforced in place of 
Federal section 112 rules as well as the delegation of our authorities 
and responsibilities associated with those rules. Final amendments to 
the November 26, 1993 federal regulations were published on September 
14, 2000 (65 FR 55810). Under subpart E, agencies may obtain approval 
from EPA to implement and enforce provisions of their own air pollution 
control programs in lieu of federally promulgated NESHAP and other 
section 112 requirements for stationary sources. Once a state program 
is approved pursuant to the rule substitution provisions of subpart E, 
S/L rules and applicable requirements resulting from those rules are 
considered federally enforceable and substitute for the Federal 
requirements that would otherwise apply to those stationary sources.
    On May 13, 1999, EPA Region 2 received NJDEP's request for 
delegation of the Federal Chemical Accident Prevention Provisions 
promulgated under section 112(r) of the CAA and codified at 40 CFR part 
68, for all stationary sources with covered processes except those 
having certain specified flammable liquified petroleum gases (LPG), 
regulated under the New Jersey Liquified Petroleum Gas Act of 1950 
(NJSA 21:1B).
    Section 112(l) of the CAA and 40 CFR 63.91, 63.93, and 63.95, 
authorize EPA, in part, to delegate the authority to implement 
112(r)(7) to any state or local agency which submits an approvable 
program to implement and enforce the section 112(r)(7) requirements, 
including the Chemical Accident Prevention regulations set forth at 40 
CFR part 68. An appropriate plan must contain, among other criteria, 
the following elements: a demonstration of the state's authority and 
resources to implement and enforce regulations that are at least as 
stringent as section 112(r) regulations; procedures that assure EPA's 
ability to receive, review, and make publicly available RMPs; and 
procedures for providing technical assistance to subject sources, 
including small businesses.

II. NJDEP TCPA Rule

    New Jersey's TCPA, N.J.S.A. 13:1K-19 et seq., was enacted in 1985 
and became effective on January 8, 1986. In 1988, at N.J.A.C. 7:31, the 
Department adopted rules implementing the TCPA that became effective on 
June 20, 1988. These rules were readopted with amendments on June 18, 
1993, and became effective on July 9, 1993. Following the promulgation 
of the Federal rules in 40 CFR part 68, NJDEP readopted its TCPA rules 
on June 18, 1998, to be consistent with the Federal requirements. The 
structure of the TCPA rules was also revised to conform with the 
structure of the Federal regulations. The proposal and adoption of 
these new rules was published in the New Jersey

[[Page 35085]]

Register in accordance with New Jersey's Administrative Procedures Act. 
The amendments, new rules, repeals and modifications became effective 
July 20, 1998.
    New Jersey's TCPA program has the authority and resources to 
provide technical assistance, review and make publicly available risk 
management plans, and adequately implement and enforce its TCPA 
program. During the readoption process, NJDEP supplemented many of the 
Federal rules with stricter and/or additional requirements to fulfill 
the mandates of the TCPA or to maintain coverage under the TCPA program 
at its previous level. Although Federal regulations and the NJDEP's 
readopted TCPA regulations are similar, there are some differences. 
Most notably, (1) the Federal rule contains requirements for three 
program levels, Program 1 having the least stringent requirements, 
while the readopted TCPA rule eliminates Program 1 and requires all 
subject sources to meet stricter Program 2 or Program 3 requirements, 
(2) the TCPA rules will regulate more chemicals and in some cases at a 
lower threshold than the Federal rules require and, (3) the TCPA 
requires the subject sources to perform risk assessment to determine 
any additional risk reduction measures the sources should take.

III. Approval and Delegation

    Under CAA section 112(l), EPA may approve S/L rules or programs to 
be implemented and enforced in place of certain otherwise applicable 
CAA section 112 Federal rules, emission standards, or requirements. The 
Federal regulations governing EPA's approval of S/L rules or programs 
under section 112(l) are located at 40 CFR part 63, subpart E. Under 
these regulations a S/L has the option to request EPA's approval to 
substitute a local rule for the applicable Federal rule. Upon approval, 
the S/L rule will be implemented in place of the counterpart EPA rule 
and EPA will enforce the state rule in place of the otherwise 
applicable Federal rule. To receive EPA approval using this option, the 
requirements of 40 CFR 63.91, 63.93, and 63.95 must be met. In summary, 
the criteria require that a S/L rule or program: (1) Is ``no less 
stringent'' than the corresponding Federal rule or program, (2) has 
adequate legislative authority and resources, (3) has scheduled a 
timely implementation of the rule, and (4) is otherwise in compliance 
with Federal guidance.
    Based on the review of New Jersey's delegation application, its 
pertinent laws, rules and regulations, EPA concludes that New Jersey's 
request satisfies the criteria for approval and substitution in 40 CFR 
63.91, 63.93 and 63.95. EPA therefore approves as a direct final rule 
NJDEP's TCPA rule, effective July 20, 1998, at NJAC 7:31-1.1 through 
1.10 and NJAC 7:31-2.1 through 8.2 as equivalent to Federal regulations 
in 40 CFR part 68 and grants the substitution of the authority to 
implement and enforce these requirements. The following summarizes the 
important intents of this delegation.
    (1). New Jersey does not intend to regulate and has not sought 
authority to regulate processes that are covered only because they 
contain regulated quantities of LPG gases regulated under the New 
Jersey Liquified Petroleum Gas Act of 1950 (NJSA 21:1B). As previously 
noted, 40 CFR part 68 was modified on March 13, 2000 to comply with the 
Chemical Safety Information, Site Security and Fuels Regulatory Relief 
Act, Public Law No. 106-40, which was enacted on August 5, 1999, and 
which excludes from coverage by the Federal Chemical Accident 
Prevention regulations any flammable fuel when used as fuel or held for 
sale as fuel by a retail facility.
    (2). Pursuant to CAA section 112(r)(3), EPA retains the authority 
to add or delete substances from the list of substances established 
under section 112(r) and set forth in 40 CFR part 68, subpart F. The 
additions or deletions are automatically incorporated into the approved 
state program (see item 5 below).
    (3). NJAC 7:31-1.11 and -1.11A refer exclusively to NJDEP 
authorities and concern matters beyond the scope of 40 CFR part 68. EPA 
does not approve the fee structure set forth in NJSA 7:31-1.11 and -
1.11A for federal enforceability purposes. Rather, the fee structure 
constitutes part of the demonstration of adequate resources required by 
40 CFR sections 63.95(b)(1) and 63.91(d)(3)(iii).
    (4). NJAC 7:31-1.12 and subchapters 9, 10, and 11 refer exclusively 
to NJDEP authorities and, as such, concern matters beyond the scope of 
40 CFR part 68.
    (5). NJAC 7:31-1.7, insofar as it asserts the Department's 
authority to rescind, amend or expand these rules, must be read in a 
manner that is not inconsistent with NJAC 7:31-1.4 (e) or (g). NJAC 
7:31-1.4 (e) provides that in the event there are inconsistencies or 
duplications in requirements incorporated by reference from 40 CFR part 
68 and NJAC 7:31, the provisions incorporated by reference from 40 CFR 
part 68 shall prevail, except where the rules set forth in NJAC 7:31 
are more stringent. NJAC 7:31-1.4(g) provides that any future 
additional subparts of 40 CFR part 68 are incorporated by reference. In 
addition, NJAC 7:31, subchapters 1-8, which incorporate by reference 40 
CFR part 68, subparts A-H, each state that they are incorporating by 
reference all future amendments and supplements to 40 CFR part 68, 
except as specifically provided.
    (6). NJAC 7:31, subchapter 7, incorporates the federal requirement 
of 40 CFR Part 68, subpart G, that subject sources must submit Risk 
Management Plans to EPA in accordance with 40 CFR section 68.150. In 
taking delegation a state can add state only requirements to those 
imposed by subpart G but cannot delete or revise the requirements of 
subpart G.
    (7). Among the revisions to 40 CFR part 68 is the addition of more 
detailed confidentiality provisions to subpart G. The confidentiality 
provisions of 40 CFR part 68 vary from the requirements of NJAC 7:31-
10. The revised part 68 regulations require any source claiming CBI to 
substantiate that claim at the time the source makes the claim and to 
provide a public copy, with the confidential material deleted, at the 
time the source makes the claim. New Jersey's confidentiality 
provisions, NJAC 7:31-10, which are not substituted for 40 CFR part 68 
(see item 5 above), only require the substantiation and the public copy 
if the Department receives a request for the material or if the 
Department decides to determine if the material is entitled to 
confidential treatment. All material submitted to EPA will be subject 
only to Federal freedom of information and confidentiality 
requirements.
    (8). EPA does not substitute a State's enforcement authority for 
its own enforcement authority when delegating standards under Clean Air 
Act section 112(l). In the event it is necessary for EPA to take an 
enforcement action, EPA may seek the maximum statutorily allowed 
penalties available under the Clean Air Act ($27,500/day/violation) and 
apply its own policies regarding settlement. Therefore, EPA does not 
approve the penalty structure set forth in NJSA 7:31-11 for federal 
enforceability purposes (see item 4 above). Rather, EPA approves the 
penalty structure in the rule as meeting the requirements set forth in 
40 CFR 63.91(d)(3)(i), which direct that the state demonstrate 
enforcement authorities that meet the requirements of 40 CFR 70.11. New 
Jersey's request for approval of the authority to implement and enforce 
the TCPA rule includes a written statement by the State Attorney 
General that laws of the State of New

[[Page 35086]]

Jersey provide adequate authority for the State to carry out all 
aspects for the section 112(r) program for which it is seeking 
delegation, including enforcement action.
    As part of its request for approval of the authority to implement 
and enforce the TCPA rule, NJDEP submitted the criteria for approval 
required by 40 CFR 63.91(d), 63.93(b) and 63.95. As of the effective 
date of this action, with the limitations noted above, NJAC 7:31 will 
substitute for 40 CFR part 68 and will be the federally enforceable 
standard for subject sources under New Jersey's jurisdiction. This rule 
will be enforceable by the EPA and citizens under the CAA. Although 
NJDEP now has the primary implementation and enforcement responsibility 
for 40 CFR part 68, EPA retains the right, pursuant to CAA section 
112(l)(7), to enforce any applicable standards or requirements under 
the CAA section 112(r) including the authority to seek civil and 
criminal penalties up to the maximum amounts specified in CAA section 
113. While EPA retains the right, pursuant to CAA section 112(l)(7), to 
enforce any applicable standards or requirements under the CAA section 
112(r), EPA finds that compliance with the NJDEP TCPA rule, NJAC 7:31, 
effective July 20, 1998, will assure compliance with 40 CFR part 68.

IV. Opportunity for Public Comment

    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial action and anticipates no 
adverse comments. However, in the Proposed Rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal for this action should adverse comments 
be filed. This rule will become effective September 4, 2001 without 
further notice unless the Agency receives adverse comments by August 2, 
2001.
    If EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period on this rule. Any parties 
interested in commenting on this rule should do so at this time. If no 
such comments are received, this rule will become effective on 
September 4, 2001 and no further action will be taken on the proposed 
rule.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under Executive Order 12866, entitled 
Regulatory Planning and Review.

B. Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This direct final rule does not have federalism implications. It 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. The State of New 
Jersey has voluntarily requested delegation of this program. The state 
will be relying on its own resources to implement and enforce 40 CFR 
part 68 as described in the summary section of this notice. Thus, 
Executive Order 13132 does not apply to this rule.

C. Executive Order 13175 (Consultation and Coordination With Indian 
Tribal Governments)

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This direct final rule does not have tribal implications. It will 
not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
The State of New Jersey has voluntarily requested delegation of this 
program. The state will be implementing and enforcing its own 
requirements, which have been reviewed and approved by EPA. Thus, 
Executive Order 13175 does not apply to this rule.

D. Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., the EPA 
must consider the paperwork burden imposed by any information 
collection request in a proposed or final rule. This rule will not 
impose any new information collection requirements. EPA has already 
satisfied the requirements under the Paperwork Reduction Act to collect 
information needed to meet the federal requirements through OMB Control 
No. 2050-0144. 64 FR 69636.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA, Public Law 96-354, September 
19, 1980) requires Federal agencies to give special consideration to 
the impact of regulation on small businesses. The RFA specifies that a 
regulatory flexibility analysis must be prepared if a screening 
analysis indicates a regulation will have significant impact on a 
substantial number of small entities. This rule will not have a 
significant economic impact on a substantial number of small entities.

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
requires that the Agency prepare a budgetary impact statement before 
promulgating a rule that includes a Federal mandate that may result in 
estimated costs of $100 million or more in one year to either State, 
local, or tribal governments in the aggregate, or to the private 
sector. Under section 205, EPA must select the most cost effective and 
least burdensome alternative that achieves the objective of the rule 
and is consistent with statutory requirements. Section 203 requires EPA 
to establish a plan for informing, educating and advising any small 
governments that may be significantly impacted by the rule. EPA has 
estimated that this rule does not include a Federal mandate that may 
result in estimated 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.

[[Page 35087]]

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. This 
proposed rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

H. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency. This rule is not subject to 
Executive Order 13045 because it is not an economically significant 
rule as defined by Executive Order 12866, and because it does not 
involve decisions based on environmental health or safety risks.

I. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of this rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major'' rule as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemical accident prevention, Hazardous 
substances, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of section 
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.

    Dated: May 25, 2001.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.

    Part 63, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart A--General Provisions

    2. Section 63.14 is amended by revising paragraph (d)(2) to read as 
follows:


Sec. 63.14  Incorporations by reference.

    * * *
    (d) * * *
    (2) New Jersey's Toxic Catastrophe Prevention Act Program, (July 
20, 1998), Incorporation By Reference approved for Sec. 63.99 
(a)(30)(i) of subpart E of this part.
    * * *

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

    3. Section 63.99 is amended by adding a new paragraph (a)(30) to 
read as follows:


Sec. 63.99  Delegated Federal authorities.

    (a) * * *
    (30) New Jersey
    (i) Affected sources must comply with the Toxic Catastrophe 
Prevention Act Program (TCPA), (July 20, 1998), (incorporated by 
reference as specified in Sec. 63.14) as described in paragraph 
(a)(30)(i)(A) of this section:
    (A) Except for authorities identified as not being delegated, the 
regulations incorporated in New Jersey's ``Toxic Catastrophe Prevention 
Act Program,'' Title 7, Chapter 31, of the New Jersey Administrative 
Code: Subchapter 1, ``General Provisions'' (sections 1.1 to 1.10 except 
for the definition of ``What if Checklist''), Subchapter 2, ``Hazard 
Assessment,'' Subchapter 3, ``Minimum Requirements for a Program 2 TCPA 
Risk Management Program,'' Subchapter 4, ``Minimum Requirements for a 
Program 3 TCPA Risk Management Program,'' Subchapter 5, ``Emergency 
Response,'' Subchapter 6, ``Extraordinarily Hazardous Substances,'' 
Subchapter 7, ``Risk Management Plan and TCPA Submission,'' and 
Subchapter 8, ``Other Federal Requirements,'' (effective July 20, 
1998), pertain to the sources affected by 40 CFR part 68 and have been 
approved under the procedures in Secs. 63.91, 63.93 and 63.95 to be 
implemented and enforced in place of 40 CFR part 68, Subparts A through 
H, as may be amended.
    (1) Authorities not delegated:
    (i) The New Jersey Department of Environmental Protection is not 
delegated the Administrator's authority to implement and enforce New 
Jersey's Toxic Catastrophe Prevention Act Program, Title 7, Chapter 31, 
of the New Jersey Administrative Code, in lieu of the provisions of 40 
CFR part 68 as they apply to the regulation of processes that are 
covered only because they contain regulated quantities of liquid 
petroleum gases (LPG) regulated under the New Jersey Liquified 
Petroleum Gas Act of 1950 (N.J.S.A. 21:1B),
    (ii) Pursuant to Sec. 63.90(c) the New Jersey Department of 
Environmental Protection is not delegated the Administrator's authority 
to add or delete substances from the list of substances established 
under section 112(r) and set forth in 40 CFR 68.130.

[FR Doc. 01-16561 Filed 7-2-01; 8:45 am]
BILLING CODE 6560-50-P