[Federal Register Volume 66, Number 128 (Tuesday, July 3, 2001)]
[Proposed Rules]
[Page 35124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16562]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6996-8]


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: Proposed rule.

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SUMMARY: Pursuant to section 112(l) of the Clean Air Act (CAA), the New 
Jersey Department of Environmental Protection (NJDEP) requested 
delegation of the Federal Chemical Accident Prevention Provisions 
promulgated by EPA under section 112(r) of the CAA for all stationary 
sources with covered processes (subject sources) under its jurisdiction 
except those having certain specified flammable liquified petroleum 
gases (LPG). This action proposes to grant such authority. In the Rules 
section of this Federal Register, EPA is granting NJDEP the authority 
to implement and enforce the Toxic Catastrophe Prevention Act Program 
rule, effective July 20, 1998, at New Jersey Administrative Code (NJAC) 
7:31-1.1 through 1.10 and NJAC 7:31-2.1 through 8.2 in place of the 
Federal Chemical Accident Prevention Provisions for all subject sources 
under NJDEP's jurisdiction. EPA retains the authority to regulate 
subject sources having processes 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 direct final rule 
explains the rationale for this approval. EPA is taking direct final 
action without prior proposal because the Agency views this as a 
noncontroversial action and anticipates no adverse comments. If no 
adverse comments are received no further activity is contemplated. If 
EPA receives adverse comments, the direct final rule will be withdrawn 
and all public comments received will be addressed in a subsequent 
final rule based on this proposed rule. EPA will not institute a second 
comment period. Any parties interested in commenting should do so at 
this time. In the spirit of Executive Orders 13132 and 13175, and 
consistent with EPA policy to promote communications between EPA and 
State, local and tribal governments, EPA specifically solicits comments 
on this proposed rule from State, local and tribal officials.

DATES: Written comments must be received by August 2, 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 Chemical 
Release Information and Prevention, New Jersey Department of 
Environmental Protection, P.O. Box 424, 22 South Clinton Avenue, 
Trenton, New Jersey 08625-0424. 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:

    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.
[FR Doc. 01-16562 Filed 7-2-01; 8:45 am]
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