[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8966]
[[Page Unknown]]
[Federal Register: April 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 124, NJ9-1-6185; FRL-4858-7]
Approval and Promulgation of Implementation Plans; Revision to
the New Jersey State Implementation Plan for Ozone
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
request by New Jersey to revise its State Implementation Plan (SIP) as
it relates to the control of volatile organic compounds. Under the
Clean Air Act as amended in 1990, EPA is approving Subchapter 16
``Control and Prohibition of Air Pollution by Volatile Organic
Compounds,'' Subchapter 8 ``Permits and Certificates, Hearings, and
Confidentiality,'' Subchapter 17 ``Control and Prohibition of Air
Pollution by Toxic Substances,'' Subchapter 23 ``Prevention of Air
Pollution by Architectural Coatings and Consumer Products,'' Subchapter
25 ``Control and Prohibition of Air Pollution from Vehicular Fuels,''
and Subchapter 3 ``Air Test Method 3: Sampling and Analytic Procedures
for the Determination of Volatile Organic Compounds from Source
Operations.''
New Jersey was required to make corrections to these regulations
pursuant to an EPA call for a revised SIP on May 26, 1988, and pursuant
to section 182(a)(2)(A) of the Clean Air Act. EPA finds that New
Jersey's SIP revision satisfies four outstanding commitments made in
its 1983 ozone SIP. These include the adoption of provisions regulating
automobile refinishing, further industrial controls, and applying
reasonably available control technology to small surface coating and
industrial sources. New Jersey's SIP revision also regulates all of the
Group III Control Techniques Guidelines source categories required by
the Clean Air Act.
EFFECTIVE DATE: This final rule will be effective May 16, 1994.
ADDRESSES: Copies of the State submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
26 Federal Plaza, room 1034A, New York, New York 10278.
Environmental Protection Agency, Air Docket 6102, 401 M Street SW.,
Washington, DC 20460.
New Jersey Department of Environmental Protection and Energy, Office of
Energy, Bureau of Air Pollution Control, 401 East State Street, CN027,
Trenton, New Jersey 08625.
FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs
Branch, Environmental Protection Agency, 26 Federal Plaza, room 1034,
New York, New York 10278 (212) 264-2517.
SUPPLEMENTARY INFORMATION: On July 16, 1993, the Environmental
Protection Agency (EPA) published in the Federal Register (58 FR 38326)
a notice of proposed rulemaking (NPR) concerning revisions to the New
Jersey State Implementation Plan (SIP) for ozone. The New Jersey
Department of Environmental Protection and Energy (NJDEPE), in order to
fulfill the requirements of the May 26, 1988 SIP call, and the
requirements of the Clean Air Act as amended in 1990 (the Act), made
SIP revision submittals to EPA on March 31, 1987, December 7, 1989, and
March 13, 1992. All three submittals contained adopted revisions to
subchapter 16, ``Control and Prohibition of Air Pollution by Volatile
Organic Compounds,'' of chapter 27, title 7 of the New Jersey
Administrative Code. The March 13, 1992, submittal also included
revisions to Subchapter 8, ``Permits and Certificates, Hearings, and
Confidentiality''; Subchapter 17, ``Control and Prohibition of Air
Pollution by Toxic Substances''; Subchapter 23, ``Prevention of Air
Pollution by Architectural Coatings and Consumer Products''; Subchapter
25, ``Control and Prohibition of Air Pollution from Vehicular Fuels'';
and Subchapter 3, ``Air Test Method 3: Sampling and Analytic Procedures
for the Determination of Volatile Organic Compounds from Source
Operations.'' Revisions to these regulations were necessary to maintain
consistency with the changes made to Subchapter 16, and primarily
involve the incorporation of revised terms and definitions.
With one exception, these revised regulations correct all of the
reasonably available control technology (RACT) deficiencies in New
Jersey's SIP which had been identified by EPA and were required to be
corrected under the provisions of section 182 of the Act. These are
referred to as ``RACT Fix-up'' deficiencies. The exception is the
submittal of capture efficiency test methods, for which EPA has
permitted states additional time so EPA can determine whether more cost
effective alternate methods are available.
The regulations also contain new provisions regulating automobile
refinishing, further industrial controls, and the application of RACT
to small surface coating and industrial sources. The rules also
regulate all of the Group III Control Techniques Guidelines (CTG)
source categories. These measures were committed to by New Jersey in
its 1983 ozone and carbon monoxide SIP.
The reader is referred to the NPR for further details on EPA's
review and findings.
Response to Public Comment
One commenter, the National Refrigerants Incorporated, submitted a
comment on EPA's proposed action.
Comment: This commenter is concerned that New Jersey's definition
of volatile organic compounds (VOCs) does not exempt some of the
chlorofluorocarbon, hydrochlorofluorocarbon, or hydrofluorocarbon
compounds which EPA classifies as negligibly photochemically reactive,
and some of which have the benefit of replacing CFCs which destroy the
upper atmosphere ozone layer. In addition, the commenter states that
these compounds are regulated by the Act and, therefore, New Jersey
does not need to regulate them.
EPA Response: On August 2, 1993, NJDEPE proposed further revisions
to Subchapter 16 to address additional requirements of the Act which is
before EPA now and will be acted upon separately in the future. One of
the revisions proposes changing its definition of VOC to be fully
consistent with EPA's, thereby exempting these from regulation as
VOC's. This would appear to address their concerns. However, the Act
does not prohibit EPA from approving a State regulation that goes
beyond the Act's requirements.
Final Action
The revisions and the rationale for EPA's action are explained in
EPA's July 16, 1993 NPR and will not be restated here because EPA's
final action does not differ from that proposed in the NPR.
In revising subchapter 16, New Jersey deleted the final compliance
dates applicable to sources because the dates had passed, and sources
are now expected to be in compliance. However, EPA requires the
specification of an enforceable final compliance date should it be
required to take federal enforcement action. Therefore, in the event
EPA needs to take enforcement action, it will base the compliance
penalties on the final compliance dates which were originally contained
in subchapter 16 when a given requirement was first adopted by New
Jersey. If EPA approved a subsequent revision which modified the final
compliance date, that revised date would apply.
EPA, in approving previous versions of subchapter 16, placed
conditions on its approval of certain sections which permitted New
Jersey to approve alternate requirements. EPA's previous approval
specified that if New Jersey approved any mathematical combinations of
emissions (old Sec. 16.6(c)(4) and (5)) or approved any variances from
the State requirements (old Secs. 16.9 and 16.10), they became
applicable only if approved by EPA as SIP revisions. The State has
decided that mathematical combinations are no longer an acceptable
method of compliance with Subchapter 16 requirements. In addition,
subchapter 16 has been revised to state that any variances must be
approved by EPA as a SIP revision. EPA views these provisions as giving
the Commissioner the authority to permit alternative requirements once
they have been submitted and approved by EPA as SIP revisions. EPA will
not recognize any variance or alternate requirement until it is
submitted to EPA by the State for approval as a source specific SIP
revision. Approval of a variance request by EPA will be based on a
case-by-case review and will involve the effect of the proposed
variance on air quality and on the ability of a facility to comply with
the existing regulation. Therefore, the comments currently in 40 CFR
52.1605 pertaining to these sections in Subchapter 16 are no longer
necessary.
SIP Deficiencies
Today's action also addresses all of the deficiencies identified in
a May 26, 1988 letter to Governor Kean and a January 30, 1991 letter to
the NJDEPE Commissioner finding the SIP substantially inadequate to
attain the ozone and carbon monoxide standards. The deficiencies
corrected relate to the VOC definition, recordkeeping, bubbles,
seasonal shutdowns, and compliance calculations. These corrections
strengthen the SIP and remove these deficiencies as a cause for SIP
inadequacy.
Conclusion
Although some of New Jersey's submittals preceded the date of
enactment of the 1990 Amendments to the Clean Air Act, EPA has
evaluated all the revisions for consistency with the Act's provisions,
EPA regulations and EPA policy. Therefore, EPA approves Subchapter 16
and the related changes made to Subchapters 8, 17, 23, and 25. These
changes have resulted in clearer, more enforceable regulations that
strengthen the SIP.
EPA also finds that these regulations address and correct all of
the ``RACT Fix-up'' deficiencies previously identified in Subchapter 16
by EPA in its letters of May 26, 1988, and January 31, 1992, with the
exception of capture efficiency test methods, for which EPA has
permitted states additional time so that EPA can determine if more cost
effective alternate methods are available. With the approval of these
regulations, it is no longer necessary for EPA to adopt a federal
implementation plan to address the ``RACT Fix-up'' deficiencies.
Nothing in this rule 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 a SIP shall be considered separately
in light of specific technical, economic, and environmental factors and
in relation to relevant statutory and regulatory requirements.
This rule has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
waived Table 2 and 3 SIP revisions (54 FR 2222) from the requirements
of section 3 of Executive Order 12291 for a period of two years. The
EPA has submitted a request for a permanent waiver for Table 2 and 3
SIP revisions. The OMB has agreed to continue the wavier until such
time as it rules on EPA's request. This request continues in effect
under Executive Order 12866 which superseded Executive Order 12291 on
September 30, 1993.
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 within 60 days from date of publication. 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 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Ozone, Volatile organic compounds.
Dated: March 23, 1994.
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)(51) to
read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(51) Revisions to the New Jersey State Implementation Plan (SIP)
for ozone concerning the control of volatile organic compounds from
stationary sources, dated March 31, 1987, December 7, 1989, and March
13, 1992 submitted by the New Jersey State Department of Environmental
Protection and Energy (NJDEPE).
(i) Incorporation by reference.
(A) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Subchapter 16, ``Control and Prohibition of Air
Pollution by Volatile Organic Substances,'' effective September 22,
1986,
(B) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Subchapter 16, ``Control and Prohibition of Air
Pollution by Volatile Organic Substances,'' effective June 19, 1989,
(C) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code: Subchapter 8, ``Permits and Certificates,
Hearings, and Confidentiality,'' effective March 2, 1992; Subchapter
16, ``Control and Prohibition of Air Pollution by Volatile Organic
Compounds,'' effective March 2, 1992, Subchapter 17, ``Control and
Prohibition of Air Pollution by Toxic Substances,'' effective March 2,
1992; Subchapter 23, ``Prevention of Air Pollution by Architectural
Coatings and Consumer Products,'' effective March 2, 1992; Subchapter
25, ``Control and Prohibition of Air Pollution from Vehicular Fuels,''
effective March 2, 1992; and Subchapter 3, ``Air Test Method 3:
Sampling and Analytic Procedures for the Determination of Volatile
Organic Compounds from Source Operations,'' effective March 2, 1992.
(ii) Additional material.
(A) March 31, 1987, letter from Jorge Berkowitz, NJDEP, to Conrad
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
(B) December 7, 1989, letter from Anthony McMahon, NJDEP, to Conrad
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
(C) March 13, 1992, letter from Nancy Wittenberg, NJDEPE, to Conrad
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
3. Section 52.1605 is amended by revising the entries, for Title 7,
Chapter 27: Subchapters 8, 16, 17, 23 and 25, and for Title 7, Chapter
27B: Subchapter 3 to the table in numerical order as follows:
Sec. 52.1605 EPA--approved New Jersey State regulations.
------------------------------------------------------------------------
State effective EPA approved
State regulation date date Comments
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* * * * * * *
Title 7, Chapter
27
* * * * * * *
Subchapter 8, Apr. 5, 1985...... Nov. 25, 1986,
``Permits and 51 FR 42573.
Certificates,
Hearings, and
Confidentiality
;''.
Sections 8.1, Mar. 2, 1992...... [date and
8.2, and 8.11. citation of
this notice]
* * * * * * *
Subchapter 16, Mar. 2, 1992...... [date and Earlier versions
``Control and citation of of Subchapter
Prohibition of this notice] 16 remain part
Air Pollution of the SIP only
by Volatile to the extent
Organic of determining
Compounds''. compliance
dates which
have since
passed.
Subchapter 17, Mar. 2, 1992...... [date and Subchapter 17 is
``Control and citation of included in the
Prohibition of this notice] SIP only as it
Air Pollution relates to the
by Toxic control of
Substances;''. perchloroethyle
ne.
* * * * * * *
Subchapter 23, Mar. 2, 1992...... [date and
``Prevention of citation of
Air Pollution this notice]
by
Architectural
Coatings and
Consumer
Products;''.
* * * * * * *
Subchapter 25, Mar. 2, 1992...... [date and
``Control and citation of
Prohibition of this notice]
Air Pollution
from Vehicular
Fuels;''.
Title 7, Chapter
27B
Subchapter 3, Mar. 2, 1992...... [date and
``Air Test citation of
Method 3: this notice]
Sampling and
Analytic
Procedures for
the
Determination
of Volatile
Organic
Compounds from
Source
Operations''.
* * * * * * *
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[FR Doc. 94-8966 Filed 4-14-94; 8:45 am]
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