[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Rules and Regulations]
[Pages 32273-32276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15034]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 133; NJ20-1-6709a; FRL-5218-3]
Approval and Promulgation of Implementation Plans; Gasoline
Volatility Regulation State of New Jersey
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is today announcing
approval of certain revisions to the New Jersey State Implementation
Plan (SIP) for ozone. This rule incorporates into the New Jersey SIP
revisions to Subchapter 25, ``Control and Prohibition of Air Pollution
by Vehicular Fuel.'' These revisions include a modification to the
State's volatility standard for vehicular fuels and the addition of a
procedure by which persons may apply for an exemption from the Reid
Vapor Pressure (RVP) standard that allows the use of gasoline which
does not comply with that standard. This action is necessary to keep
the State's SIP consistent with changes to its existing regulations.
DATES: This action is effective on August 21, 1995 unless adverse or
critical comments are received by July [[Page 32274]] 21, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: All comments should be addressed to: William S. Baker,
Chief, Air Programs Branch, Air and Waste Management Division,
Environmental Protection Agency, Region II Office, 26 Federal Plaza,
New York, New York 10278.
Copies of the state submittal are available at the following
locations 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.
New Jersey Department of Environmental Protection, Bureau of Air
Quality Planning, 401 East State Street, CN027, Trenton, New Jersey
08625.
Environmental Protection Agency, Public Information Reference Unit, 401
M Street, S.W., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Michael P. Moltzen, Environmental
Engineer, Technical Evaluation Section, Air Programs Branch,
Environmental Protection Agency, 26 Federal Plaza, Room 1034A, New
York, New York 10278, (212) 264-2517.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 1993, the New Jersey Department of Environmental
Protection and Energy (NJDEP) submitted to the EPA revisions to the
State's ozone SIP. This notice describes EPA's decision to approve as
described below, those revisions to New Jersey's motor vehicle fuels
volatility regulation, Subchapter 25 ``Control and Prohibition of Air
Pollution by Vehicular Fuels,'' Title 7, Chapter 27 of the New Jersey
Administrative Code (NJAC). Notice of Adoption of these revisions
appeared in the New Jersey Register on September 3, 1991. Subchapter 25
was first adopted by New Jersey on January 27, 1989 and approved by EPA
on June 16, 1989 in 54 FR 25572. Approval of that regulation was based
in part on NJDEP's commitment at the time to replace its test
methodology to an EPA promulgated method (see 54 FR 25581). Today's
revision to NJAC 7:27-25.4(d) fulfills that commitment.
This EPA action on New Jersey's SIP revision takes into account the
interaction of the New Jersey regulations and the federal reformulated
gasoline regulations, promulgated by EPA on February 16, 1994. The New
Jersey standard for RVP is a maximum of 9.0 psi, which EPA approved on
June 16, 1989. New Jersey also is subject to federal reformulated
gasoline requirements, which set an RVP maximum of 8.1 psi for the
period May 1 through September 15 for calendar years 1995 through 1997.
40 CFR 80.41, 80.65(a), 80.78(a)(1)(v). Starting in 1998, the
reformulated gasoline standard changes from an RVP standard to a VOC
performance standard. The then applicable federal standard will be a
maximum RVP of 9.0 psi. 40 CFR 80.27(a)(2). Thus, the New Jersey RVP
standard is identical to the federal standard starting in 1998, but the
reformulated gasoline summertime RVP standard is more stringent for the
years 1995-1997.
EPA promulgated the reformulated gasoline rules under the authority
of both Sec. 211(k) and Sec. 211(c)(1), thereby triggering application
of Sec. 211(c)(4). This provision preempts states from prescribing or
attempting to enforce any ``control or prohibition of the
characteristic or component of a fuel or fuel additive'' that is
nonidentical to one the Administrator has promulgated under
Sec. 211(c)(1). There is an exception for a nonidentical standard
contained in a state SIP where the standard is ``necessary to achieve''
the primary or secondary NAAQS that the SIP implements.
New Jersey's volatility regulations include a nonidentical standard
for RVP during the annual periods of the three years that the federal
RVP standard for reformulated gasoline will be in effect. During these
periods, the federal standard preempts the state standard, and the
nonidentical standard cannot be enforced. New Jersey has not changed
its RVP standard since EPA last approved the state regulations.
New Jersey's submission consists of various amendments to its
previously approved State RVP regulations. It has not resubmitted the
unamended portions of those regulations, and EPA takes no action on the
unamended State regulations, including the RVP standard. EPA approves
the amendments to New Jersey's State volatility regulations for
purposes other than enforcement of New Jersey's 9.0 RVP standard for
the period May 1 through September 15 for calendar years 1995-1997.
NJDEP's submittal contained the following revisions to Subchapter
25:
The revision to NJAC 7:27-25.4(a)1 extends the period during which
refiners, importers, blenders and distributors are required to test and
prepare test reports documenting the RVP of gasoline they ship. This
period, which was previously designated April 15 through September 1,
has been extended fifteen days, making it April 15 through September
15. This revision revises the State's required RVP testing period to
encompass both the ``high ozone season'' (the period from June 1 to
September 15) as well as the federally mandated ``regulatory control
period'' (the period from May 1 to September 15) as defined in 40 CFR
Sec. 80.27, ``Controls and prohibitions on gasoline volatility.'' EPA
approves this revision for calendar year 1998 and later.
Another revision to NJAC 7:27-25.4(a)1. allows persons subject to
reporting requirements to substitute other documentation, in place of a
test report, that certifies that the gasoline invoiced has a maximum
RVP of 9.0 psi and complies with all applicable State and federal
regulations. This revision is intended to reduce the paperwork burden
on affected parties. EPA approves the reporting revision for calendar
year 1998 and later.
The revision to NJAC 7:27-25.4(d) replaces the method previously
employed by the State to determine the RVP of gasoline with two EPA-
promulgated methods published at 40 CFR part 80, appendix E: Method 1--
Dry RVP Measurement Method and Method 2--Herzog Semi-Automatic Method.
The previous method, the American Society for Testing and Materials
(ASTM) Method D-323, was determined by EPA to understate the true RVP
of gasoline when oxygenated additives are present in the fuel.
The new section NJAC 7:27-25.7 establishes procedures whereby a
waiver may be obtained to use gasoline which does not conform to the
RVP standards for research and development purposes. New section 7:27-
25.8 establishes service fees for the application of these waivers and
annual compliance fees for operations which obtain these waivers. The
RVP standard is in effect during the May 1 through September 15 period.
In addition to this new regulation, New Jersey has submitted an
inventory estimating the excess emissions of volatile organic
substances (VOS) from non-conforming gasoline used for research and
development purposes. The requirements in NJAC 7:27-25.7, which must be
fulfilled before a party can obtain a waiver are at least as stringent
as those contained in 40 CFR 80.27(e) ``Testing exemptions.'' EPA
approves the revisions to the test procedure regulations, but not for
purposes of enforcing the State RVP requirement during calendar years
1995-1997.
The revision to NJAC 7:27-25.2 adds new definitions for the terms:
ASTM, EPA, facility, non-conforming gasoline, product development,
research, trial use [[Page 32275]] and volatile organic substances. In
addition, five current definitions in NJAC 7:27-25.2 are revised for
blender gasoline, person, Reid vapor pressure and standard conditions.
In addition a number of minor nonsubstantive definition changes have
been incorporated in the State's Response to Comments document included
with the SIP submission. These changes and additions are consistent
with EPA rules and are, therefore, approvable.
Conclusion
New Jersey's Subchapter 25 was first promulgated to regulate and
reduce the volatility of gasoline in order to control the emissions of
ozone precursors. Today's action approves revisions to the State's
Subchapter 25 as described above. Approval of these revisions brings
New Jersey's SIP up to date with its current fuels regulations and
incorporates changes necessary for successful implementation of fuel
volatility regulations required by EPA.
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 any SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the SIP revision should
adverse or critical comments be filed. Thus, this direct final action
will be effective August 21, 1995 unless, within 30 days of its
publication, adverse or critical comments are received.
If the EPA receives such comments, this rule will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this rule should
do so at this time. If no adverse comments are received, the public is
advised that this rule will be effective August 21, 1995. (See 47 FR
27073 and 59 FR 24059).
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 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. Moveover, due to the nature of the federal-state relationship
under the Clean Air Act, preparation of a regulatory flexibility
analysis would constitute federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. US
EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
Under section 307(b)(1) of the Act, petitions for judicial review
of this rule 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 rule may not be challenged later in proceedings to
enforce its requirements. (See 307(b)(2)).
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Ozone, Incorporated by
reference, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: May 2, 1995.
William J. Muszynski,
Deputy Regional Administrator.
Title 40, chapter I, part 52, 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)(52) to
read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(52) Amendments submitted on April 21, 1993 by the New Jersey
Department of Environmental Protection and Energy to New Jersey Air
Code 7:27-25 revising the testing requirements to gasoline providers in
New Jersey are subject.
(i) Incorporation by reference:
(A) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Subchapter 25, ``Control and Prohibition of Air
Pollution from Vehicular Fuels,'' effective September 3, 1991.
3. Section 52.1605 is amended by adding the entry for Subchapter 25
to the table in numerical order as follows:
[[Page 32276]]
Sec. 52.1605 EPA-approved New Jersey State regulations.
------------------------------------------------------------------------
State State effective
regulation date EPA approved date Comments
------------------------------------------------------------------------
* * * *
* * *
Title 7,
Chapter 27
* * * *
* * *
Subchapter 25, September 3, 1991 [date and Approves 1992
``Control and citation of this revisions
Prohibition of notice]. except that
Air Pollution (1) for
by Vehicular calendar years
Fuels;''. 1995-1997,
test procedure
revisions in
N.J.A.C. 7:27-
25.4 (d) are
approved for
all uses other
than to
enforce the
9.0 RVP
standard; and
(2) testing
and reporting
period and
recordkeeping
revisions in
N.J.A.C. 7:27-
25.4 (a) are
approved for
calendar year
1998 and
later.
* * * *
* * *
------------------------------------------------------------------------
[FR Doc. 95-15034 Filed 6-20-95; 8:45 am]
BILLING CODE 6560-50-P
