[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18991]
[[Page Unknown]]
[Federal Register: August 4, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 130; NJ14-2-6524, FRL-5010-9]
Approval and Promulgation of Implementation Plans; New Jersey
Emission Statement Program
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 its State Implementation Plan (SIP) for
the purpose of implementing an Emission Statement Program for
stationary sources in New Jersey. The SIP was submitted by New Jersey
to satisfy the Clean Air Act requirements for stationary sources to
report annually to the State their emissions of volatile organic
compounds (VOCs) and oxides of nitrogen (NOx) and for the State to
make this data available to EPA and the public.
EFFECTIVE DATE: This action will be effective September 6, 1994.
ADDRESSES: Copies of New Jersey's submittals 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.
New Jersey Department of Environmental Protection and Energy, Office of
Energy, Bureau of Air Quality Planning, Bureau of Air Pollution
Control, 401 East State Street, CN027, Trenton, New Jersey 08625.
Environmental Protection Agency, Air and Radiation Docket and
Information Center (MC 6102), 401 M Street SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs
Branch, Environmental Protection Agency, 26 Federal Plaza, Room 1034A,
New York, New York 10278, (212) 264-2517.
SUPPLEMENTARY INFORMATION:
Background
On April 4, 1994, the Environmental Protection Agency (EPA)
published in the Federal Register (59 FR 15689) a Notice of Proposed
Rulemaking proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of New Jersey for its Emission
Statement Program. The SIP revision was submitted to satisfy Section
182(a) of the Clean Air Act which requires stationary sources to report
on an annual basis their emissions of volatile organic compounds (VOCs)
and oxides of nitrogen (NOx).
Conclusion
The rationale for EPA's proposed approval was explained in the
Notice of Proposed Rulemaking and will not be restated here since EPA's
final action does not differ from the proposed action. EPA
inadvertently omitted reference in the Proposed Rulemaking to
Subchapter 1, ``General Provisions''; Subchapter 8, ``Permits and
Certificates, Hearings, and Confidentiality''; and Subchapter 16,
``Control and Prohibition of Air Pollution by Volatile Organic
Compounds,'' but will take action on the changes made to these
subchapters in a subsequent rulemaking. No public comments were
received on the proposed action. Therefore, EPA is approving New
Jersey's SIP revision incorporating Subchapter 21, ``Emission
Statements.''
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.
This rule makes final the action proposed at 59 FR 15689, April 4,
1994. As noted elsewhere in this notice, EPA received no adverse public
comment on the proposed action. As a direct result, the Regional
Administrator has reclassified this action from Table 2 to Table 3
under the processing procedures established at 54 FR 2214, January 19,
1989.
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 notice will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) 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 temporary
waiver 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. OMB has exempted this
regulatory action from Executive Order 12866 review.
Under Section 307(b)(1) of the Clean Air 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
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: June 27, 1994.
William J. Muszynski, P.E.,
Deputy 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)(53) to
read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
* * * * *
(53) A revision to the New Jersey State Implementation Plan (SIP)
for an Emission Statement Program dated February 19, 1993, submitted by
the New Jersey Department of Environmental Protection and Energy.
(i) Incorporation by reference:
(A) Title 7, Chapter 27, Subchapter 21, of the New Jersey
Administrative Code entitled, ``Emission Statements,'' effective March
15, 1993.
(ii) Additional information:
(A) May 24, 1993 letter from John Elston to Conrad Simon, EPA,
transmitting supporting documentation necessary for approval of the SIP
revisions. These items included:
(1) Notice of Adoption, March 15, 1993.
(2) Justification of Gasoline Dispensing Facility Exemption.
(B) October 29, 1993 letter from John Elston to Conrad Simon, EPA,
transmitting legislative language to reflect change in New Jersey's Air
Pollution Control Act regarding confidentiality provisions.
(C) February 3, 1994 letter from John Elston to Conrad Simon, EPA,
requesting the use of EPA's Emission Statement waiver provision.
3. Section 52.1605 is amended by adding the entry for Subchapter 21
under the heading ``Title 7, Chapter 27'' to the table in numerical
order to read as follows:
Sec. 52.1605 EPA-approved New Jersey State regulations.
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State effective EPA approved
State regulation date date Comments
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* * * * * * *
Title 7, Chapter
27
* * * * * * *
Subchapter 21, Mar. 15, 1993.... [insert date and
``Emission citation of
Statements;''. this action].
* * * * * * *
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[FR Doc. 94-18991 Filed 8-3-94; 8:45 am]
BILLING CODE 6560-50-P
