[Federal Register Volume 68, Number 225 (Friday, November 21, 2003)]
[Proposed Rules]
[Pages 65646-65648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29181]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ64-268, FRL- 7587-2]


Approval and Promulgation of Implementation Plans; New Jersey 1-
Hour Ozone Control Programs

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes approval of 
a request from New Jersey to revise its State Implementation Plan to 
incorporate 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 mobile equipment repair 
and refinishing operations, solvent cleaning operations and

[[Page 65647]]

refueling of motor vehicles at gasoline service stations. The intended 
effect is to reduce the emissions of volatile organic compounds (VOC) 
and thereby reduce ozone concentrations in the lower atmosphere.

DATES: Comments must be received on or before December 22, 2003.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Raymond Werner, Chief, Air 
Programs Branch, Environmental Protection Agency, Region 2 Office, 290 
Broadway, New York, New York 10007-1866. Electronic comments could be 
sent either to [email protected] or to http://www.regulations.gov, 
which is an alternative method for submitting electronic comments to 
EPA. Go directly to http://www.regulations.gov, then select 
``Environmental Protection Agency'' at the top of the page and use the 
``go'' button. Please follow the on-line instructions for submitting 
comments.
    Copies of the state submittal are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866.
New Jersey Department of Environmental Protection and Energy, Office of 
Air Quality Management, Bureau of Air Quality Planning, 401 East State 
Street, CN418, Trenton, New Jersey 08625.

FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3711 or [email protected].

SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking Today?

    EPA is proposing to approve a revision to New Jersey's ozone State 
Implementation Plan (SIP) submitted on June 4, 2003. This SIP 
incorporates revisions to Subchapter 16 ``Control and Prohibition of 
Air Pollution by Volatile Organic Compounds,'' which revised three 
control measures. New Jersey committed to adopt two of these control 
measures to meet the emission reduction short fall that EPA identified 
in its 1-hour ozone attainment demonstration.

II. What Did New Jersey Submit?

    On June 4, 2003, New Jersey submitted a SIP revision which 
incorporated amendments to Title 7, Chapter 27, ``Subchapter 16 Control 
and Prohibition of Air Pollution from Volatile Organic Compounds' which 
was adopted on April 30, 2003. This adoption was published in the New 
Jersey Register on June 2, 2003 and became operational on June 29, 
2003. New Jersey amended Subchapter 16 to include revisions to three 
control programs: solvent cleaning operations, mobile equipment repair 
and refinishing operations, and gasoline transfer operations. The 
Subchapter 16 revisions are applicable to the entire State of New 
Jersey.

III. What Do the New Provisions Require?

A. Solvent Cleaning Operations

    The new provisions for solvent cleaning operations require more 
stringent equipment standards, improved operating requirements and 
volatility restrictions that go beyond those included in the Control 
Techniques Guidelines (CTG) developed for this source category. These 
new requirements are based on the Ozone Transport Commission (OTC) 
model rule and federal Maximum Achievable Control Technology (MACT) 
standards. Cold cleaners and heated cleaning machines are now 
prohibited from using solvents with vapor pressures of one millimeter 
of mercury or greater measured at 20 degrees centigrade. Operating 
procedures are expanded to minimize evaporation of cleaning solvent 
both during use and when idle. Equipment standards, such as freeboard 
height, have been increased.

B. Mobile Equipment Repair and Refinishing Facilities

    The new provisions establish more stringent requirements for mobile 
equipment repair and refinishing facilities or automobile refinishing 
shops and are based on the OTC model rule. They require the use of 
coating application equipment with higher transfer efficiency and lower 
rates of coating waste, such as high volume and low pressure spray guns 
and enclosed spray gun cleaning equipment. Requirements also include 
minimum training for spray gun operators and use of VOC paint content 
limits consistent with EPA national regulations. The test procedures 
have been modified to clarify that all Federal test methods may be used 
to determine compliance with the VOC content limits. In addition, 
alternate test procedures may be used on a case-by-case basis when 
necessary with the approval of New Jersey and EPA.

C. Stage II Vapor Control Systems

    Stage II vapor control systems are designed to capture the gasoline 
vapors that are released to the atmosphere when motor vehicles are 
refueled. Gasoline dispensing facilities or gasoline stations are 
required to have State-approved emission control systems. New Jersey 
relied on certification of vapor control equipment carried out by the 
California Air Resources Board (CARB) in determining which equipment is 
approvable. CARB, however, modified its certification procedures 
necessitating changes to New Jersey's procedures. New Jersey will still 
rely on CARB standards, but will adopt CARB requirements only in part. 
The revisions incorporate the more readily available, cost and 
environmentally effective elements of CARB's new requirements.
    The capture systems are now required to increase the control 
efficiency from 90 to 98 percent. In addition, gasoline dispensing 
facilities must install pressure/vacuum relief valves on atmospheric 
vent pipes, improve maintenance of the Stage II vapor recovery systems 
to ensure that such systems are vapor tight and leak free and must 
perform annual testing of the vapor recovery system to ensure its 
integrity. Finally, new gasoline stations are now required to use 
unihoses fuel delivery systems (one hose for multiple grades of 
gasoline). These new requirements go beyond the Clean Air Act 
requirement for an approved Stage II vapor recovery system.

D. Other Changes

    New Jersey also made changes to the definitions section to include 
terms necessary to implement the new requirements. In addition, other 
terms were revised to make them consistent with other rules and to 
improve their clarity. Organizational changes were made to existing 
provisions to accommodate the new provisions.

IV. What Role Does This Rule Play in the Ozone SIP?

    When EPA evaluated New Jersey's 1-hour ozone attainment 
demonstrations, EPA determined that additional emission reductions were 
needed for the two severe nonattainment areas in order for them to 
attain the 1-hour ozone standard with sufficient surety (December 16, 
1999, 64 FR 70380). EPA provided that the States in the Ozone Transport 
Region could achieve these emission reductions through regional control 
programs. New Jersey decided to participate with the other states in 
the Northeast in an Ozone Transport

[[Page 65648]]

Commission (OTC) regulatory development effort which developed six 
model control programs. This rulemaking incorporates two of the OTC 
model control programs into the SIP: Solvent cleaning operations, and 
mobile equipment repair and refinishing operations. The emission 
reductions from these control measures will provide for achievement of 
a portion of the additional emission reductions needed to attain the 1-
hour ozone standard.

V. What Are EPA's Conclusions?

    EPA has evaluated the submitted revisions for consistency with its 
provisions, EPA regulations and EPA policy. The proposed control 
measures go beyond the reasonably available control technology (RACT) 
level controls that were previously approved for these source 
categories. These new control programs will strengthen the SIP by 
providing additional VOC emission reductions. Accordingly, EPA is 
proposing to approve the Subchapter 16 revisions as adopted on April 
30, 2003.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, 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 by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

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

    Dated: November 5, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 03-29181 Filed 11-20-03; 8:45 am]
BILLING CODE 6560-50-P