[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]
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