Approval and Promulgation of Implementation Plans; New Jersey Architectural Coatings Rule, 71774-71776 [05-23418]

Download as PDF 71774 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations Therefore, pursuant to 5 U.S.C. 605(b), this rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Catalog of Federal Domestic Assistance There are no applicable Catalog of Federal Domestic Assistance program numbers. List of Subjects in 38 CFR Part 17 Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Day care, Dental health, Drug abuse, Foreign relations, Government contracts, Grant programs-health, Grant programs-veterans, Health care, Health facilities, Health professions, Health records, Homeless, Medical and dental schools, Medical devices, Medical research, Mental health programs, Nursing homes, Philippines, Reporting and recordkeeping requirements, Scholarships and fellowships, Travel and transportation expenses, Veterans. Approved: July 15, 2005. R. James Nicholson, Secretary of Veterans Affairs. For the reasons set out above, 38 CFR part 17 is amended to read as follows: I PART 17—MEDICAL 1. The authority citation for part 17 is revised to read as follows: I Authority: 38 U.S.C. 501, 1721, and as stated in specific sections. 2. Section 17.32 is amended by: a. Revising the section heading and authority citation. I b. In paragraph (a), adding a new definition in alphabetical order. I c. Adding paragraph (h) immediately following paragraph (g)(4). The revisions and additions read as follows: I I § 17.32 Informed consent and advance health care planning. (a) * * * Advance Directive. Specific written statements made by a patient who has decision-making capacity regarding future health care decisions in any of the following: (i) VA Living Will. A written statement made by a patient on an authorized VA form which sets forth the patient’s wishes regarding the patient’s health care treatment preferences including the withholding and withdrawal of lifesustaining treatment. (ii) VA Durable Power of Attorney for Health Care. A written instruction on a VA form which designates the patient’s choice of health care agent. (iii) State-Authorized Advance Directive. A non-VA living will, durable VerDate Aug<31>2005 19:03 Nov 29, 2005 Jkt 208001 power of attorney for health care, or other advance health care planning document, the validity of which is determined pursuant to applicable State law. For the purposes of this paragraph and paragraph (h) of this section, ‘‘applicable State law’’ means the law of the State where the advance directive was signed, the State where the patient resided when the advance directive was signed, the State where the patient now resides, or the State where the patient is receiving treatment. VA will resolve any conflict between those State laws regarding the validity of the advance directive by following the law of the State that gives effect to the expressed wishes in the advance directive. * * * * * (h) Advance health care planning. Subject to the provisions of paragraphs (h)(1) through (h)(4) of this section, VA will follow the wishes of a patient expressed in an Advance Directive when the attending physician determines and documents in the patient’s medical record that the patient lacks decision-making capacity and is not expected to regain it. An advance directive that is valid in one or more States under applicable State law, as defined in paragraph (a) of this section, will be recognized throughout the VA health care system. (1) Witnesses. A VA Advance Directive: Living Will and Durable Power of Attorney for Health Care must be signed by the patient in the presence of two witnesses. Neither witness may to the witness’ knowledge be named in the patient’s will, appointed as health care agent in the advance directive, or financially responsible for the patient’s care. VA employees of the Chaplain Service, Psychology Service, Social Work Service, or nonclinical employees (e.g., Medical Administration Service, Voluntary Service, or Environmental Management Service) may serve as witnesses. Other individuals employed by the VA facility in which the patient is being treated may not sign as witnesses to the advance directive. Witnesses are attesting only to the fact that they saw the patient sign the form. (2) Instructions in critical situations. VA will follow the unambiguous verbal or non-verbal instructions regarding future health care decisions of a patient who has decision-making capacity when the patient is admitted to care when critically ill and loss of capacity may be imminent and the patient is not physically able to sign an advance directive form, or the appropriate form is not readily available. The patient’s instructions must have been expressed to at least two members of the health PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 care team. The substance of the patient’s instructions must be recorded in a progress note in the patient’s medical record and must be co-signed by at least two members of the health care team who were present and can attest to the wishes expressed by the patient. These instructions will be given effect only if the patient loses decision-making capacity during the presenting situation. (3) Revocation. A patient who has decision-making capacity may revoke an advance directive or instructions in a critical situation at any time by using any means expressing the intent to revoke. (4) VA policy and disputes. Neither the treatment team nor surrogate may override a patient’s clear instructions in an Advance Directive or in instructions in critical situations, except that those portions of an Advance Directive or instructions given in a critical situation that are not consistent with VA policy will not be given effect. * * * * * (Authority: 38 U.S.C. 7331 through 7334) [FR Doc. 05–23505 Filed 11–29–05; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [Region 2 Docket No. R02–OAR–2005–NJ– 0002, FRL–7999–8] Approval and Promulgation of Implementation Plans; New Jersey Architectural Coatings Rule Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the New Jersey State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds. The SIP revision consists of amendments to Subchapter 23 ‘‘Prevention of Air Pollution From Architectural Coatings’’ of 7:27 of the New Jersey Administrative Code, which are needed to meet the shortfall in emissions reduction identified by EPA in New Jersey’s 1-hour ozone attainment demonstration SIP. The intended effect of this action is to approve a control strategy required by the Clean Air Act, which will result in emission reductions that will help achieve attainment of the national ambient air quality standard for ozone. DATES: Effective Date: This rule will be effective December 30, 2005. E:\FR\FM\30NOR1.SGM 30NOR1 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations EPA has established a docket for this action under Regional Material in EDocket (RME) Docket ID Number R02–OAR–2005–NJ–0002. All documents in the docket are listed in the Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/, once in the system, select ‘‘quick search,’’ then key in the appropriate RME Docket identification number. Publicly available docket materials are available either electronically in Regional Material in EDocket or in hard copy at the Environmental Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007–1866. Copies of the documents relevant to this action are also available for public inspection during normal business hours, by appointment at the Air and Radiation Docket and Information Center, Environmental Protection Agency, Room B–108, 1301 Constitution Avenue, NW., Washington, DC; and the 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. FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10278, (212) 637–3711. SUPPLEMENTARY INFORMATION: ADDRESSES: I. What Action Is EPA Taking Today? EPA is approving a revision to New Jersey’s ozone State Implementation Plan (SIP) submitted on July 28, 2004. This SIP incorporates adopted rule amendments to Title 7, Chapter 27, Subchapter 23 ‘‘Prevention of Air Pollution from Architectural Coatings’’ which was adopted on May 21, 2004. This adoption was published in the New Jersey Register on June 21, 2004 and became effective on July 20, 2004. The Subchapter 23 amendments are applicable to the entire State of New Jersey. The reader is referred to the proposed rulemaking (July 21, 2005, 70 FR 42019) for additional details. Subchapter 23 contains provisions allowing for limited exemptions and variances where such exemptions and variances have been approved by other states with equivalent regulations. While these provisions are acceptable, each specific application of those provisions will only be recognized as meeting Federal requirements after the specific exemption or variance is approved by EPA as a SIP revision. Therefore, EPA is approving the regulation as part of the New Jersey SIP with the exception that any specific VerDate Aug<31>2005 19:03 Nov 29, 2005 Jkt 208001 application of provisions associated with variances or exemptions, must be submitted as SIP revisions. II. What Comments Were Received and How Has EPA Responded to Them? EPA received no comments on the proposal. III. What Role Does This Rule Play in the Ozone SIP? When EPA evaluated New Jersey’s 1hour ozone attainment demonstrations, EPA determined that additional emission reductions were needed for the State’s two severe nonattainment areas in order for the State to attain the 1-hour ozone standard with sufficient surety (December 16, 1999, 64 FR 70380). EPA provided that the states in the Ozone Transport Region could achieve these emission reductions through local or regional control programs. New Jersey decided to participate with the other states in the Northeast in an Ozone Transport Commission (OTC) regulatory development effort which developed six model control measures. This rulemaking incorporates one of the OTC model control measures into the New Jersey ozone SIP: architectural coatings. The emission reductions from this control measure will provide a portion of the additional emission reductions needed to attain the 1-hour ozone standard. The emission reductions from this measure will also help to attain the 8-hour ozone standard. IV. What Are EPA’s Conclusions? EPA has evaluated the submitted Subchapter 23 submission for consistency with EPA regulations, policy and guidance. Consistent with EPA policy and guidance, EPA is approving the rule submitted as part of the New Jersey SIP with the exception that any specific application of provisions associated with variances or exemptions, must be submitted as SIP revisions for EPA approval. This rule will strengthen the SIP by providing for additional VOC reductions. Accordingly, EPA is approving the Subchapter 23 revisions as adopted on May 21, 2004 and effective on July 20, 2004 with the limitation identified above. V. Statutory and Executive Order Reviews Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 71775 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have federalism implications because it does not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology E:\FR\FM\30NOR1.SGM 30NOR1 71776 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit 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 United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 30, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the State regulation * Title 7, Chapter 27. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 8, 2005. Alan J. Steinberg, Regional Administrator, Region 2. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart FF—New Jersey 2. Section 52.1570 is amended by adding new paragraph (c)(78) to read as follows: I State effective date * * * * Subchapter 23, Prevention of Air Pollution From Architectural Coatings. * 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).) * [FR Doc. 05–23418 Filed 11–29–05; 8:45 am] BILLING CODE 6560–50–P * * * July 20, 2004 ............. November 30, 2005 ... * ENVIRONMENTAL PROTECTION AGENCY Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; California; Carbon Monoxide Maintenance Plan Update for Ten Planning Areas; Motor Vehicle Emissions Budgets; Technical Correction Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: Jkt 208001 PO 00000 Frm 00028 § 52.1605 EPA—approved New Jersey regulations. Fmt 4700 Comments * Sfmt 4700 * * * Variances or exemptions approved by the State pursuant to Subchapter 23.3(j) become applicable only if approved by EPA as a SIP revision. * [R09–OAR–2005–CA–0010; FRL–8002–4] 19:03 Nov 29, 2005 * * * * (c) * * * * * * * * (78) Revisions to the State Implementation Plan submitted on July 28, 2004 by the State of New Jersey Department of Environmental Protection that establishes an expanded control program for architectural coatings. (i) Incorporation by reference: (A) Regulation Subchapter 23 of Title 7, Chapter 27 of the New Jersey Administrative Code, entitled ‘‘Prevention of Air Pollution From Architectural Coatings,’’ adopted on May 21, 2004 and effective on July 20, 2004. (ii) Additional material: (A) Letter from State of New Jersey Department of Environmental Protection dated July 28, 2004, requesting EPA approval of a revision to the Ozone SIP which contains amendments to the Subchapter 23 ‘‘Prevention of Air Pollution From Architectural Coatings.’’ * * * * * I 3. Section 52.1605 is amended by revising the entry under Title 7, Chapter 27 for Subchapter 23 in the table to read as follows: * 40 CFR Parts 52 and 81 VerDate Aug<31>2005 Identification of plan. * EPA approved date * * § 52.1570 * * SUMMARY: The EPA is taking direct final action to approve a State Implementation Plan revision, submitted by the California Air Resources Board on November 8, 2004, that includes the 2004 Revision to the California State Implementation Plan for Carbon Monoxide, Updated Maintenance Plan for Ten Federal Planning Areas. This revision will provide a ten-year update to the carbon monoxide maintenance plan, as well as replace existing and establish new carbon monoxide motor vehicle emissions budgets for the purposes of determining transportation conformity, for the following ten areas: Bakersfield Metropolitan Area, Chico Urbanized Area, Fresno Urbanized Area, Lake E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 70, Number 229 (Wednesday, November 30, 2005)]
[Rules and Regulations]
[Pages 71774-71776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23418]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. R02-OAR-2005-NJ-0002, FRL-7999-8]


Approval and Promulgation of Implementation Plans; New Jersey 
Architectural Coatings Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the New Jersey State Implementation Plan (SIP) for ozone 
concerning the control of volatile organic compounds. The SIP revision 
consists of amendments to Subchapter 23 ``Prevention of Air Pollution 
From Architectural Coatings'' of 7:27 of the New Jersey Administrative 
Code, which are needed to meet the shortfall in emissions reduction 
identified by EPA in New Jersey's 1-hour ozone attainment demonstration 
SIP. The intended effect of this action is to approve a control 
strategy required by the Clean Air Act, which will result in emission 
reductions that will help achieve attainment of the national ambient 
air quality standard for ozone.

DATES: Effective Date: This rule will be effective December 30, 2005.

[[Page 71775]]


ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) Docket ID Number R02-OAR-2005-NJ-0002. All 
documents in the docket are listed in the Regional Material in EDocket 
(RME) index at http://docket.epa.gov/rmepub/, once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Publicly available docket materials are 
available either electronically in Regional Material in EDocket or in 
hard copy at the Environmental Protection Agency, Region II Office, Air 
Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-
1866. Copies of the documents relevant to this action are also 
available for public inspection during normal business hours, by 
appointment at the Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Room B-108, 1301 Constitution Avenue, 
NW., Washington, DC; and the 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.

FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10278, (212) 637-3711.

SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking Today?

    EPA is approving a revision to New Jersey's ozone State 
Implementation Plan (SIP) submitted on July 28, 2004. This SIP 
incorporates adopted rule amendments to Title 7, Chapter 27, Subchapter 
23 ``Prevention of Air Pollution from Architectural Coatings'' which 
was adopted on May 21, 2004. This adoption was published in the New 
Jersey Register on June 21, 2004 and became effective on July 20, 2004. 
The Subchapter 23 amendments are applicable to the entire State of New 
Jersey. The reader is referred to the proposed rulemaking (July 21, 
2005, 70 FR 42019) for additional details.
    Subchapter 23 contains provisions allowing for limited exemptions 
and variances where such exemptions and variances have been approved by 
other states with equivalent regulations. While these provisions are 
acceptable, each specific application of those provisions will only be 
recognized as meeting Federal requirements after the specific exemption 
or variance is approved by EPA as a SIP revision. Therefore, EPA is 
approving the regulation as part of the New Jersey SIP with the 
exception that any specific application of provisions associated with 
variances or exemptions, must be submitted as SIP revisions.

II. What Comments Were Received and How Has EPA Responded to Them?

    EPA received no comments on the proposal.

III. What Role Does This Rule Play in the Ozone SIP?

    When EPA evaluated New Jersey's 1-hour ozone attainment 
demonstrations, EPA determined that additional emission reductions were 
needed for the State's two severe nonattainment areas in order for the 
State to attain the 1-hour ozone standard with sufficient surety 
(December 16, 1999, 64 FR 70380). EPA provided that the states in the 
Ozone Transport Region could achieve these emission reductions through 
local or regional control programs. New Jersey decided to participate 
with the other states in the Northeast in an Ozone Transport Commission 
(OTC) regulatory development effort which developed six model control 
measures. This rulemaking incorporates one of the OTC model control 
measures into the New Jersey ozone SIP: architectural coatings. The 
emission reductions from this control measure will provide a portion of 
the additional emission reductions needed to attain the 1-hour ozone 
standard. The emission reductions from this measure will also help to 
attain the 8-hour ozone standard.

IV. What Are EPA's Conclusions?

    EPA has evaluated the submitted Subchapter 23 submission for 
consistency with EPA regulations, policy and guidance. Consistent with 
EPA policy and guidance, EPA is approving the rule submitted as part of 
the New Jersey SIP with the exception that any specific application of 
provisions associated with variances or exemptions, must be submitted 
as SIP revisions for EPA approval. This rule will strengthen the SIP by 
providing for additional VOC reductions. Accordingly, EPA is approving 
the Subchapter 23 revisions as adopted on May 21, 2004 and effective on 
July 20, 2004 with the limitation identified above.

V. Statutory and Executive Order Reviews

    Statutory and Executive Order Reviews Under Executive Order 12866 
(58 FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. For this reason, this action is also 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This action merely approves state law as meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4). This rule also does not have tribal implications 
because it will not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also 
does not have federalism implications because it does not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant. In reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the Clean Air Act. In this context, in the absence 
of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the Clean Air Act. Thus, the requirements of section 12(d) of the 
National Technology

[[Page 71776]]

Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) The Congressional Review Act, 5 U.S.C. 801 et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit 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 United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 30, 2006. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: November 8, 2005.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart FF--New Jersey

0
2. Section 52.1570 is amended by adding new paragraph (c)(78) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (78) Revisions to the State Implementation Plan submitted on July 
28, 2004 by the State of New Jersey Department of Environmental 
Protection that establishes an expanded control program for 
architectural coatings.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 23 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Prevention of Air Pollution From 
Architectural Coatings,'' adopted on May 21, 2004 and effective on July 
20, 2004.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated July 28, 2004, requesting EPA approval of a revision 
to the Ozone SIP which contains amendments to the Subchapter 23 
``Prevention of Air Pollution From Architectural Coatings.''
* * * * *

0
3. Section 52.1605 is amended by revising the entry under Title 7, 
Chapter 27 for Subchapter 23 in the table to read as follows:


Sec.  52.1605  EPA--approved New Jersey regulations.

----------------------------------------------------------------------------------------------------------------
          State regulation            State effective date      EPA approved date              Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Title 7, Chapter 27................
 
                                                  * * * * * * *
Subchapter 23, Prevention of Air     July 20, 2004.........  November 30, 2005.....  Variances or exemptions
 Pollution From Architectural                                                         approved by the State
 Coatings.                                                                            pursuant to Subchapter
                                                                                      23.3(j) become applicable
                                                                                      only if approved by EPA as
                                                                                      a SIP revision.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 05-23418 Filed 11-29-05; 8:45 am]
BILLING CODE 6560-50-P