[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Rules and Regulations]
[Pages 4045-4047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-703]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. EPA-R02-OAR-2004-NJ-0004, FRL-8020-6]
Approval and Promulgation of Implementation Plans; New Jersey
Consumer Products Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the New Jersey State Implementation Plan (SIP) for ozone
concerning the control of volatile organic compounds. The SIP revision
consists of amendments to Subchapter 24 ``Prevention of Air Pollution
From Consumer Products'' of 7:27 of the New Jersey Administrative
Codes, which are needed to meet the shortfall in emissions reduction
identified by EPA in New Jersey's 1-hour ozone attainment demonstration
SIP. The intended effect of this action is to approve a control
strategy required by the Clean Air Act, which will result in emission
reductions that will help achieve attainment of the national ambient
air quality standard for ozone.
DATES: Effective Date: This rule will be effective February 24, 2006.
ADDRESSES: EPA has established a docket for this action under the
Federal Docket Management System (FDMS) which replaces the Regional
Materials in EDOCKET (RME) docket system. The new FDMS is located at
http://www.regulations.gov and the docket ID for this action is EPA-
R02-OAR-2004-NJ-0004. All documents in the docket are listed in the
FDMS index. Publicly available docket materials are available either
electronically in FDMS or in hard copy at the Environmental Protection
Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Copies of the documents relevant
to this action are also available for public inspection during normal
business hours, by appointment at the Air and Radiation Docket and
Information Center, Environmental Protection Agency, Room B-108, 1301
Constitution Avenue, NW., Washington, DC; and the 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.
FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10278, (212) 637-3711.
SUPPLEMENTARY INFORMATION:
I. What Action Is EPA Taking Today?
EPA is approving a revision to New Jersey's ozone State
Implementation Plan (SIP) submitted on June 22, 2004. This SIP
incorporates adopted rule amendments to Title 7, Chapter 27, Subchapter
24 ``Prevention of Air Pollution from Consumer Products'' which was
adopted on April 7, 2004. Subchapter 24 contains two control programs,
consumer products and portable fuel container spillage control. This
adoption was published in the New Jersey Register on May 3, 2004 and
became effective on June 6, 2004. The Subchapter 24 amendments are
applicable to the entire State of New Jersey. The reader is referred to
the proposed rulemaking (December 10, 2004, 69 FR 71764) for additional
details.
Subchapter 24 contains provisions for accepting innovative products
exemptions (IPEs), alternative compliance plans (ACPs), and variances
that have been approved by the California Air Resources Board (CARB) or
other states with adopted consumer product regulations based on the
Ozone Transport Commission (OTC) ``Model Rule for Consumer Products''
dated November 29, 2001. While the provisions related to IPEs, ACP, and
variances pursuant to subchapter 24 are acceptable, each specific
application of those provisions cannot be recognized as meeting Federal
requirements until it is approved by EPA as a SIP revision.
II. What Comments Were Received and How Has EPA Responded to Them?
EPA received one comment pertaining to the proposal for this action
which supported this rulemaking.
III. 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 State's two severe nonattainment areas in order for the
State 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
local or regional control programs. New Jersey decided to participate
with the other states in the Northeast in an Ozone Transport Commission
(OTC) regulatory development effort which developed six model control
measures. This rulemaking incorporates two of the OTC model control
measures into the New Jersey ozone SIP: Consumer products and portable
fuel containers. The emission reductions from these control measures
will provide a portion of the additional emission reductions needed to
attain the 1-hour ozone standard. The emission reductions from these
measures will also help to attain the 8-hour ozone standard.
IV. What Are EPA's Conclusions?
EPA has evaluated the submitted Subchapter 24 submission for
consistency with EPA regulations, policy and guidance. Consistent with
EPA policy and guidance, EPA is approving the rule submitted as part of
the New Jersey SIP with the exception that any specific application of
provisions associated with IPEs, ACP, and variances, must be submitted
as SIP revisions for EPA approval. This rule will strengthen the SIP by
providing for additional VOC reductions. Accordingly, EPA is approving
the Subchapter 24 revisions as adopted on April 7, 2004 and effective
on June 6, 2004 with the limitation identified above.
V. Statutory and Executive Order Reviews
Statutory and Executive Order Reviews Under Executive Order 12866
(58 FR 51735, October 4, 1993), this 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 action merely approves state law as meeting
Federal requirements and imposes no additional requirements beyond
those imposed by state law. Accordingly, the Administrator certifies
that this 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 approves pre-existing
requirements under state law and does not impose
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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 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),
because it merely approves 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 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 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.) 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 the 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.
A major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act,
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by March 27,
2006. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 28, 2005.
Alan J. Steinberg,
Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
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2. Section 52.1570 is amended by adding new paragraph (c)(79) to read
as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(79) Revisions to the State Implementation Plan submitted on June
22, 2004 by the State of New Jersey Department of Environmental
Protection that establishes an expanded control program for consumer
products including portable fuel containers.
(i) Incorporation by reference:
(A) Regulation Subchapter 24 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``Prevention of Air Pollution From
Consumer Products,'' adopted on April 7, 2004 and effective on June 6,
2004.
(ii) Additional material:
(A) Letter from State of New Jersey Department of Environmental
Protection dated June 22, 2004, requesting EPA approval of a revision
to the Ozone SIP which contains amendments to the Subchapter 24
``Prevention of Air Pollution From Consumer Products.''
* * * * *
0
3. Section 52.1605 is amended by revising the entry under Title 7,
Chapter 27 for Subchapter 24 in the table 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
* * * * * * *
Subchapter 24, ``Prevention of Air June 6, 2004.......... January 25, 2006 The specific application of
Pollution From Consumer Products''. [Insert FR page provisions associated with
citation.]. innovative products
exemptions, alternative
compliance plans, and
variances must be
submitted to EPA as SIP
revisions.
* * * * * * *
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[FR Doc. 06-703 Filed 1-24-06; 8:45 am]
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