Approval and Promulgation of Implementation Plans; New Jersey Architectural Coatings Rule, 71774-71776 [05-23418]
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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 https://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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 https://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.
* * * * * * *
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[FR Doc. 05-23418 Filed 11-29-05; 8:45 am]
BILLING CODE 6560-50-P
