[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Rules and Regulations]
[Pages 24035-24036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11488]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. NJ26-2-165, FRL-5813-9]
Approval and Promulgation of Implementation Plans; New Jersey;
Consumer and Commercial Products Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is announcing the approval of a revision to the New
Jersey State Implementation Plan (SIP) for the attainment and
maintenance of the national ambient air quality standards for Ozone.
The SIP revision was submitted by the New Jersey Department of
Environmental Protection and consists of the adopted new rule
Subchapter 24, ``Control and Prohibition of Volatile Organic Compounds
(VOCs) from Consumer and Commercial Products,'' which establishes
limits on the amount of VOCs contained in certain consumer and
commercial products. The intended effect is to reduce the emission of
VOCs released to the atmosphere which will assist in attaining the
health based ozone air quality standard.
EFFECTIVE DATE: This rule will be effective June 2, 1997.
ADDRESSES: Copies of New Jersey's submittal are available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866.
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.
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, S.W., Washington,
D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Environmental
Engineer, Air Programs Branch, Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION: On January 21, 1997 (62 FR 2984) EPA
published, in the Federal Register, a proposed approval of a request by
the State of New Jersey to revise its State Implementation Plan (SIP)
for ozone. This revision to the New Jersey Ozone SIP added Subchapter
24, ``Control and Prohibition of Volatile Organic Compounds from
Consumer and Commercial Products,'' of New Jersey Administrative Code
(N.J.A.C) of 7:27-24. This new rule was adopted by New Jersey on
October 3, 1995 and became effective upon publication in the New Jersey
Register on November 6, 1995.
The revisions and rationale for EPA's approval and rulemaking
actions were explained in the January 21, 1997 proposal and will not be
restated here. The reader is referred to the proposal for a detailed
explanation of New Jersey's SIP revision. In response to EPA's proposed
approval of New Jersey's SIP revision, no comments were received.
Conclusion
EPA is approving the adoption of new rule Subchapter 24, ``Control
and Prohibition of Volatile Organic Compounds from Consumer and
Commercial Products'' into the New Jersey SIP for the attainment and
maintenance of the national ambient air quality standards for Ozone.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Administrative Requirements
Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from E.O. 12866 review.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act (Act) do not create any new requirements but simply
approve requirements that the state is already imposing. Therefore,
because the federal SIP approval does not impose any new requirements,
I certify that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the Act, preparation of a flexibility analysis would
constitute federal inquiry into the economic reasonableness of state
action. The Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to state, local, or tribal governments in the aggregate;
or to the private sector, of $100 million or more. Under Section 205,
EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a federal mandate that may result in estimated annual 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. Accordingly, no additional costs to state, local, or
tribal governments, or to the private sector, result from this action.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA
[[Page 24036]]
submitted 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 General Accounting Office prior to
publication of the rule in today's Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 1, 1997. 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, Hydrocarbons,
Incorporation by reference, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: April 7, 1997.
William J. Muszynski,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart FF--New Jersey
2. Section 52.1570 is amended by adding new paragraph (c)(62) to
read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(62) Revisions to the New Jersey State Implementation Plan (SIP)
for ozone concerning the control of volatile organic compounds from
consumer and commercial products, dated January 25, 1996 submitted by
the New Jersey Department of Environmental Protection (NJDEP).
(i) Incorporation by reference.
(A) Title 7, Chapter 27, Subchapter 24, of the New Jersey
Administrative Code entitled ``Control and Prohibition of Volatile
Organic Compounds from Consumer and Commercial Products' effective
November 6, 1995.
(ii) Additional material.
(A) January 25, 1996 letter from Robert C. Shinn, Jr., NJDEP, to
Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 24.
3. In 52.1605 the table is amended by adding a new entry for
Subchapter 24 under the heading ``Title 7, Chapter 27'' to the table in
numerical order 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
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*
Subchapter 24, ``Control and Nov. 6, 1995........... May 2, 1997 66 FR......
Prohibition of Volatile Organic
Compounds from Consumer and
Commercial Products''.
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[FR Doc. 97-11488 Filed 5-1-97; 8:45 am]
BILLING CODE 6560-50-P
