[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Rules and Regulations]
[Pages 80340-80343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32034]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2010-0310, FRL-9214-4]
Approval and Promulgation of Implementation Plans; New Jersey; 8-
Hour Ozone Control Measures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
request by New Jersey to revise the State Implementation Plan (SIP) for
ozone involving the control of volatile organic compounds (VOCs). The
SIP revision consists of two new rules, Subchapter 26, ``Prevention of
Air Pollution From Adhesives, Sealants, Adhesive Primers and Sealant
Primers,'' and Subchapter 34, ``TBAC Emissions Reporting,'' (TBAC means
tertiary butyl acetate or t-butyl acetate) and revisions to Subchapter
23, ``Prevention of Air Pollution From Architectural Coatings,''
Subchapter 24, ``Prevention of Air Pollution From Consumer Products,''
and Subchapter 25, ``Control and Prohibition of Air Pollution by
Vehicular Fuels,'' of the New Jersey Administrative Code. The intended
effect of this action is to approve control strategies that will result
in VOC emission reductions that will help achieve attainment of the
national ambient air quality standard for ozone.
DATES: Effective Date: This rule is effective on January 21, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2010-0310. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov 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. This Docket Facility is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is 212-637-4249.
FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA taking?
II. What comments did EPA receive in response to its proposal?
III. What are EPA's conclusions?
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
On April 9, 2009, New Jersey submitted a proposed revision to the
State Implementation Plan (SIP) that includes amendments to New Jersey
Administrative Code, Title 7: Chapter 27 (NJAC 7:27)
--Subchapter 24, ``Prevention of Air Pollution From Consumer
Products,''
--Subchapter 26, ``Prevention of Air Pollution From Adhesives,
Sealants, Adhesive Primers and Sealant Primers,''
--Subchapter 34, ``TBAC Emissions Reporting,'' and
--Amending the definition of volatile organic compound (VOC) throughout
NJAC 7:27.
The revisions to Subchapter 24 expand the number of consumer product
categories that are regulated, and revised and improved the portable
fuel container requirements. Subchapter 26 is a new rule that regulates
adhesives, sealants, adhesive primers and sealant primers that are sold
in larger containers and used primarily in commercial/industrial
applications, but includes residential applications of these products,
such as carpet and flooring installations and roofing installations.
Subchapter 34 is a new rule that establishes reporting requirements for
tertiary butyl acetate or t-butyl acetate (TBAC) emissions. The
definition of VOC was revised throughout the New Jersey rules to
exclude TBAC from VOC emissions limitations or VOC content
requirements, but requires that TBAC be considered a VOC for purposes
of recordkeeping, emissions reporting, photochemical dispersion
modeling and inventory requirements. These rules complete the
commitment New Jersey made as part of its RACT analysis and 1997 8-hour
national ambient air quality standard (NAAQS) ozone attainment
demonstration that EPA conditionally approved.
For additional information, see the proposed rulemaking published
on July 22, 2010 (75 FR 42672) or the Technical Support Document which
is available on line at http://www.regulations.gov and entering the
docket number EPA-R02-OAR-2010-0310.
[[Page 80341]]
II. What comments did EPA receive in response to its proposal?
EPA received comments from two individuals on the July 22, 2010
proposal. Comments supported the efforts that New Jersey and the EPA
were making in improving the air quality and implementing new control
strategies. One comment went further, recommending the need for
measures that are necessary for good health and safe living.
The rules that EPA is approving fulfill New Jersey's commitment,
made as part of the reasonably available control technology (RACT)
analysis, and were used in the 8-hour ozone attainment demonstration to
show that the SIP would attain the 8-hour ozone standard. These rule
revisions and new rules became operative in the State on December 29,
2008 and have already started to produce VOC emission reductions.
Monitored air quality in New Jersey supports the progress New
Jersey has made in reducing emissions and preliminary air quality data
shows that the New York-Northern New Jersey-Long Island, NY-NJ-CT
nonattainment area is in attainment of the 8-hour ozone standard. For
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment
area, quality assured air data for 2009 shows attainment, making the
area eligible for a one year extension of the ozone attainment date.
When EPA completes the reconsideration of the 2008 8-hour ozone
standard, New Jersey like other States will need to reevaluate their
SIP to determine if additional measures are necessary to meet the new
standard.
EPA thanks the commenters for supporting this rulemaking. In this
rulemaking EPA is only acting on the April 9, 2009 SIP revision
request, which added the above rules to the SIP and was submitted to
fulfill the commitments New Jersey made as part of the 1997 8-hour
ozone attainment plan. When EPA completes the reconsideration of the
2008 8-hour ozone standard and depending on the monitored ozone air
quality at that time, New Jersey may need to reevaluate its SIP to
determine whether additional control measures are necessary to attain
the reconsidered NAAQS for ozone. At this time New Jersey meets the
Clean Air Act requirements for the ozone RACT SIP.
III. What are EPA's conclusions?
EPA has evaluated New Jersey's submittal for consistency with the
Act, EPA regulations, and EPA policy. The new control measures will
strengthen the SIP by providing additional VOC emission reductions that
the State committed to achieve. Accordingly, EPA is approving the
following rules as part of the SIP: Subchapter 23, ``Prevention of Air
Pollution From Architectural Coatings,'' Subchapter 24, ``Prevention of
Air Pollution From Consumer Products,'' Subchapter 25, ``Control and
Prohibition of Air Pollution by Vehicular Fuels,'' Subchapter 26,
``Prevention of Air Pollution From Adhesives, Sealants, Adhesive
Primers and Sealant Primers,'' and Subchapter 34, ``TBAC Emissions
Reporting,'' of NJAC 7:27. These rules became operative on December 29,
2008. While the changes made to the VOC definition in the other rules
included in this SIP revision are also acceptable, EPA will act on
those rules in separate Federal Register actions at a later date. In
addition, EPA finds that Subchapter 26 fully addresses the Control
Techniques Guideline document for Miscellaneous Industrial Adhesives
dated September 2008.
EPA is also fully approving New Jersey's RACT analysis as New
Jersey has fulfilled its commitment to adopt the identified RACT rules,
the last of which are being approved in this action. EPA will replace
the conditionally approved RACT analysis in the SIP with a full
approval (40 CFR 52.1582). These revisions meet the requirements of the
Act and EPA's regulations, and are consistent with EPA's guidance and
policy. EPA is taking this action pursuant to section 110 and part D of
the Act and EPA's regulations.
Administrative Correction
On August 3, 2010, 75 FR 45483, EPA took final action approving a
New Jersey SIP revision, which incorporated Subchapter 19, ``Control
and Prohibition of Air Pollution from Oxides of Nitrogen'' along with
two Administrative Corrections to Subchapter 19. 40 CFR 52.1570 and
52.1605 listed only the dates of the two administrative corrections,
June 15, 2009 and July 6, 2009, but did not include the initial State
effective date, April 20, 2009. This correction will be made to 40 CFR
52.1570 and 40 CFR 52.1605 by this action.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
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
[[Page 80342]]
of the United States. EPA will submit a report containing this action
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 February 22, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 30, 2010.
George Pavlou,
Acting 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
0
2. Section 52.1570 is amended by revising (c)(88)(i) and adding
paragraph (c)(89) to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(88) * * *
(i) Incorporation by reference:
(A) New Jersey Administrative Code, Title 7, Chapter 27 (NJAC
7:27): Subchapter 4 ``Control and Prohibition of Particles from
Combustion of Fuel'' with an effective date of April 20, 2009;
Subchapter 10 ``Sulfur in Solid Fuels'' with an effective date of April
20, 2009; Subchapter 16 ``Control and Prohibition of Air Pollution by
Volatile Organic Compounds'' with an effective date of April 20, 2009;
Subchapter 19 ``Control and Prohibition of Air Pollution from Oxides of
Nitrogen'' with an effective date of April 20, 2009 (including two
Administrative Corrections published in the New Jersey Register on June
15, 2009 and July 6, 2009); and Subchapter 21 ``Emission Statements''
with an effective date of April 20, 2009.
* * * * *
(89) A revision submitted on April 9, 2009, by the New Jersey
Department of Environmental Protection (NJDEP) that establishes new and
revised control measures for achieving additional reductions of VOC
emissions that will help achieve attainment of the national ambient air
quality standard for ozone.
(i) Incorporation by reference:
(A) New rules contained in New Jersey Administrative Code, Title 7,
Chapter 27 (NJAC 7:27) with effective date of December 1, 2008 and
Operative date of December 29, 2008:
(1) Subchapter 26, ``Prevention of Air Pollution From Adhesives,
Sealants, Adhesive Primers and Sealant Primers,'' and
(2) Subchapter 34, ``TBAC Emissions Reporting.''
(B) Amendments to NJAC 7:27 with effective date of December 1, 2008
and Operative date of December 29, 2008:
(1) Subchapter 23, ``Prevention of Air Pollution From Architectural
Coatings,'' 23.2 Definitions;
(2) Subchapter 24, ``Prevention of Air Pollution From Consumer
Products,'' 24.1 Definitions, 24.2 Applicability, 24.4 Chemically
formulated consumer products: standards, 24.5 Chemically formulated
consumer products: registration and labeling, 24.6 Chemically
formulated consumer products: recordkeeping and reporting, 24.7
Chemically formulated consumer products: testing, 24.8 Portable fuel
containers and spill-proof spouts: certification requirements, 24.9
Portable fuel containers and spill proof spouts: labeling, 24.10
Portable fuel containers and spill proof spouts: recordkeeping and
reporting, 24.12 Penalties and other requirements imposed for failure
to comply; and
(3) Subchapter 25, ``Control and Prohibition of Air Pollution by
Vehicular Fuels,'' 25.1 Definitions.
(C) Repeal to NJAC 7:27 with effective date of December 1, 2008 and
Operative date of December 29, 2008: Subchapter 24, ``Prevention of Air
Pollution From Consumer Products,'' section 24.11 Portable fuel
containers and spill-proof spouts: testing, repealed without
replacement and reserved.
(ii) Additional information.
(A) Letter dated April 9, 2009 from Acting Commissioner Mark N.
Mauriello, NJDEP, to George Pavlou Acting Regional Administrator, EPA
Region 2, submitting the SIP revision containing Subchapters 23, 24,
25, 26, and 34.
0
3. Section 52.1582 is amended by revising paragraph (m)(6) to read as
follows:
Sec. 52.1582 Control strategy and regulations: Ozone.
* * * * *
(m) * * *
(6) The Statewide reasonably available control technology (RACT)
analysis for the 8-hour ozone standard included in the August 1, 2007
State Implementation Plan revision is approved based on EPA's approval
of the April 9, 2010 and April 21, 2010 SIP revisions.
0
4. Section 52.1605 is amended by revising the table entries, under
Title 7, Chapter 27: for Subchapters 19, 23, 24, 25, and adding new
entries for Subchapters 26 and 34, in numerical order to read as
follows:
Sec. 52.1605 EPA-approved New Jersey regulations.
----------------------------------------------------------------------------------------------------------------
State regulation State effective date EPA approved date Comments
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* * * * * * *
Title 7, Chapter 27.
[[Page 80343]]
* * * * * * *
Subchapter 19, ``Control and April 20, 2009, as August 3, 2010, 75 FR Subchapter 19 is approved
Prohibition of Air Pollution from corrected on June 15, 45483. into the SIP except for
Oxides of Nitrogen.'' 2009 and July 6, 2009. the following provisions:
(1) Phased compliance plan
through repowering in Sec.
19.21 that allows for
implementation beyond May
1, 1999; and (2) phased
compliance plan through
the use of innovative
control technology in Sec.
19.23 that allows for
implementation beyond May
1, 1999.
* * * * * * *
Subchapter 23, ``Prevention of Air December 29, 2008..... December 22, 2010, ...........................
Pollution From Architectural [insert Federal
Coatings.'' Register page
citation].
Subchapter 24, ``Prevention of Air December 29, 2008..... December 22, 2010, ...........................
Pollution From Consumer [insert Federal
Products.'' Register page
citation].
Subchapter 25, ``Control and December 29, 2008..... December 22, 2010, ...........................
Prohibition of Air Pollution by [insert Federal
Vehicular Fuels.'' Register page
citation].
Subchapter 26, ``Prevention of Air December 29, 2008..... December 22, 2010, ...........................
Pollution From Adhesives, [insert Federal
Sealants, Adhesive Primers and Register page
Sealant Primers.'' citation].
* * * * * * *
Subchapter 34, ``TBAC Emissions December 29, 2008..... December 22, 2010, ...........................
Reporting.''. [insert Federal
Register page
citation].
* * * * * * *
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[FR Doc. 2010-32034 Filed 12-21-10; 8:45 am]
BILLING CODE 6560-50-P