[Federal Register Volume 70, Number 229 (Wednesday, November 30, 2005)]
[Rules and Regulations]
[Pages 71774-71776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23418]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. R02-OAR-2005-NJ-0002, FRL-7999-8]
Approval and Promulgation of Implementation Plans; New Jersey
Architectural Coatings 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 23 ``Prevention of Air Pollution
From Architectural Coatings'' of 7:27 of the New Jersey Administrative
Code, 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 December 30, 2005.
[[Page 71775]]
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) Docket ID Number R02-OAR-2005-NJ-0002. All
documents in the docket are listed in the Regional Material in EDocket
(RME) index at http://docket.epa.gov/rmepub/, once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Publicly available docket materials are
available either electronically in Regional Material in EDocket 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 July 28, 2004. This SIP
incorporates adopted rule amendments to Title 7, Chapter 27, Subchapter
23 ``Prevention of Air Pollution from Architectural Coatings'' which
was adopted on May 21, 2004. This adoption was published in the New
Jersey Register on June 21, 2004 and became effective on July 20, 2004.
The Subchapter 23 amendments are applicable to the entire State of New
Jersey. The reader is referred to the proposed rulemaking (July 21,
2005, 70 FR 42019) for additional details.
Subchapter 23 contains provisions allowing for limited exemptions
and variances where such exemptions and variances have been approved by
other states with equivalent regulations. While these provisions are
acceptable, each specific application of those provisions will only be
recognized as meeting Federal requirements after the specific exemption
or variance is approved by EPA as a SIP revision. Therefore, EPA is
approving the regulation as part of the New Jersey SIP with the
exception that any specific application of provisions associated with
variances or exemptions, must be submitted as SIP revisions.
II. What Comments Were Received and How Has EPA Responded to Them?
EPA received no comments on the proposal.
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 one of the OTC model control
measures into the New Jersey ozone SIP: architectural coatings. The
emission reductions from this control measure will provide a portion of
the additional emission reductions needed to attain the 1-hour ozone
standard. The emission reductions from this measure will also help to
attain the 8-hour ozone standard.
IV. What Are EPA's Conclusions?
EPA has evaluated the submitted Subchapter 23 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 variances or exemptions, 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 23 revisions as adopted on May 21, 2004 and effective on
July 20, 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 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
[[Page 71776]]
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 January 30, 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: November 8, 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)(78) to read
as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
* * * * *
(78) Revisions to the State Implementation Plan submitted on July
28, 2004 by the State of New Jersey Department of Environmental
Protection that establishes an expanded control program for
architectural coatings.
(i) Incorporation by reference:
(A) Regulation Subchapter 23 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``Prevention of Air Pollution From
Architectural Coatings,'' adopted on May 21, 2004 and effective on July
20, 2004.
(ii) Additional material:
(A) Letter from State of New Jersey Department of Environmental
Protection dated July 28, 2004, requesting EPA approval of a revision
to the Ozone SIP which contains amendments to the Subchapter 23
``Prevention of Air Pollution From Architectural Coatings.''
* * * * *
0
3. Section 52.1605 is amended by revising the entry under Title 7,
Chapter 27 for Subchapter 23 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 23, Prevention of Air July 20, 2004......... November 30, 2005..... Variances or exemptions
Pollution From Architectural approved by the State
Coatings. pursuant to Subchapter
23.3(j) become applicable
only if approved by EPA as
a SIP revision.
* * * * * * *
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[FR Doc. 05-23418 Filed 11-29-05; 8:45 am]
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