Approval and Promulgation of Implementation Plans; New Jersey Emission Statement Program

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]

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