Approval and Promulgation of Implementation Plans; New Jersey Consumer Products Rule, 4045-4047 [06-703]
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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Rules and Regulations
of this part, no person or vessel may
enter or remain in this zone unless
authorized by the Captain of the Port or
his designated representative.
Dated: January 17, 2006.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the
Port, Portland, OR.
[FR Doc. 06–677 Filed 1–24–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Region 2 Docket No. EPA–R02–OAR–2004–
NJ–0004, FRL–8020–6]
Approval and Promulgation of
Implementation Plans; New Jersey
Consumer Products Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
cprice-sewell on PROD1PC66 with RULES
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 24
‘‘Prevention of Air Pollution From
Consumer Products’’ of 7:27 of the New
Jersey Administrative Codes, 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 February 24, 2006.
ADDRESSES: EPA has established a
docket for this action under the Federal
Docket Management System (FDMS)
which replaces the Regional Materials
in EDOCKET (RME) docket system. The
new FDMS is located at https://
www.regulations.gov and the docket ID
for this action is EPA–R02–OAR–2004–
NJ–0004. All documents in the docket
are listed in the FDMS index. Publicly
available docket materials are available
either electronically in FDMS 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
VerDate Aug<31>2005
14:58 Jan 24, 2006
Jkt 208001
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 June 22, 2004.
This SIP incorporates adopted rule
amendments to Title 7, Chapter 27,
Subchapter 24 ‘‘Prevention of Air
Pollution from Consumer Products’’
which was adopted on April 7, 2004.
Subchapter 24 contains two control
programs, consumer products and
portable fuel container spillage control.
This adoption was published in the
New Jersey Register on May 3, 2004 and
became effective on June 6, 2004. The
Subchapter 24 amendments are
applicable to the entire State of New
Jersey. The reader is referred to the
proposed rulemaking (December 10,
2004, 69 FR 71764) for additional
details.
Subchapter 24 contains provisions for
accepting innovative products
exemptions (IPEs), alternative
compliance plans (ACPs), and variances
that have been approved by the
California Air Resources Board (CARB)
or other states with adopted consumer
product regulations based on the Ozone
Transport Commission (OTC) ‘‘Model
Rule for Consumer Products’’ dated
November 29, 2001. While the
provisions related to IPEs, ACP, and
variances pursuant to subchapter 24 are
acceptable, each specific application of
those provisions cannot be recognized
as meeting Federal requirements until it
is approved by EPA as a SIP revision.
II. What Comments Were Received and
How Has EPA Responded to Them?
EPA received one comment pertaining
to the proposal for this action which
supported this rulemaking.
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
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
4045
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 two of the OTC
model control measures into the New
Jersey ozone SIP: Consumer products
and portable fuel containers. The
emission reductions from these control
measures will provide a portion of the
additional emission reductions needed
to attain the 1-hour ozone standard. The
emission reductions from these
measures will also help to attain the 8hour ozone standard.
IV. What Are EPA’s Conclusions?
EPA has evaluated the submitted
Subchapter 24 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 IPEs, ACP,
and variances, 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 24 revisions as adopted on
April 7, 2004 and effective on June 6,
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
E:\FR\FM\25JAR1.SGM
25JAR1
4046
Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Rules and Regulations
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
State regulation
*
Title 7, Chapter 27
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VerDate Aug<31>2005
*
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
*
*
14:58 Jan 24, 2006
List of Subjects in 40 CFR Part 52
State effective date
*
*
Subchapter 24, ‘‘Prevention of Air Pollution
From Consumer Products’’.
*
12(d) of the National Technology
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 March 27, 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).)
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*
Frm 00014
Fmt 4700
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)(79) to read as
follows:
I
§ 52.1570
Identification of plan.
*
*
*
*
*
(c) * * *
(79) Revisions to the State
Implementation Plan submitted on June
22, 2004 by the State of New Jersey
Department of Environmental Protection
that establishes an expanded control
program for consumer products
including portable fuel containers.
(i) Incorporation by reference:
(A) Regulation Subchapter 24 of Title
7, Chapter 27 of the New Jersey
Administrative Code, entitled
‘‘Prevention of Air Pollution From
Consumer Products,’’ adopted on April
7, 2004 and effective on June 6, 2004.
(ii) Additional material:
(A) Letter from State of New Jersey
Department of Environmental Protection
dated June 22, 2004, requesting EPA
approval of a revision to the Ozone SIP
which contains amendments to the
Subchapter 24 ‘‘Prevention of Air
Pollution From Consumer Products.’’
*
*
*
*
*
I 3. Section 52.1605 is amended by
revising the entry under Title 7, Chapter
27 for Subchapter 24 in the table to read
as follows:
§ 52.1605 EPA-approved New Jersey
regulations.
Comments
*
*
*
*
June 6, 2004 .............. January 25, 2006 [Insert FR page citation.].
PO 00000
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
EPA approved date
*
*
Dated: December 28, 2005.
Alan J. Steinberg,
Regional Administrator, Region 2.
*
*
*
The specific application of provisions associated with innovative products exemptions,
alternative
compliance
plans,
and
variances must be submitted to EPA as
SIP revisions.
*
Sfmt 4700
*
E:\FR\FM\25JAR1.SGM
*
25JAR1
*
Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Rules and Regulations
[FR Doc. 06–703 Filed 1–24–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2005–KY–0001–200521(f);
FRL–8023–8]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Kentucky; Redesignation of
the Christian County, KY, Portion of
the Clarksville-Hopkinsville 8-Hour
Ozone Nonattainment Area to
Attainment for Ozone
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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VerDate Aug<31>2005
14:58 Jan 24, 2006
Jkt 208001
FOR FURTHER INFORMATION CONTACT:
James Hou, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Mr.
Hou can be reached via telephone
number at (404) 562–8965 or electronic
mail at hou.james@epa.gov.
SUPPLEMENTARY INFORMATION:
EPA is approving a May 20,
2005, final request to redesignate the
Christian County, Kentucky, portion of
the Clarksville-Hopkinsville 8-hour
ozone nonattainment area to attainment
for the 8-hour ozone National Ambient
Air Quality Standard (NAAQS), and a
Kentucky State Implementation Plan
(SIP) revision containing a 12-year
maintenance plan for Christian County,
Kentucky. EPA is also providing
information on the status of the
Agency’s transportation conformity
adequacy determination for the new
motor vehicle emissions budgets
(MVEBs) for the years 2004 and 2016
that are contained in the 12-year 8-hour
ozone maintenance plan for Christian
County, Kentucky. EPA is approving
such MVEBs in this action. This final
rule addresses comments made on
EPA’s proposed rulemaking previously
published for this action.
DATES: This rule will be effective
February 24, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2005–KY–0001. All documents in the
docket are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in Regional Material in EDocket or in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
SUMMARY:
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
Table of Contents
I. What Actions Is EPA Taking?
II. What Is the Background for the Actions?
III. Response to Comment
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Actions Is EPA Taking?
EPA is taking final action to change
the legal designation of the Christian
County, Kentucky, portion of the
Clarksville-Hopkinsville 8-hour ozone
nonattainment area from nonattainment
to attainment for the 8-hour ozone
NAAQS. The interstate ClarksvilleHopkinsville 8-hour ozone
nonattainment area is composed of two
counties (i.e., Christian County,
Kentucky, and Montgomery County,
Tennessee). EPA is also approving
Kentucky’s 8-hour ozone maintenance
plan for Christian County (such
approval being one of the Clean Air Act
(CAA) criteria for redesignation to
attainment status). The maintenance
plan is designed to help keep the
Clarksville-Hopkinsville area (of which
Christian County is a part) in attainment
for the 8-hour ozone NAAQS for the
next 12 years. These approval actions
are based on EPA’s determination that
the Commonwealth of Kentucky has
demonstrated that Christian County,
Kentucky, has met the criteria for
redesignation to attainment specified in
the CAA, and that the entire ClarksvilleHopkinsville 8-hour ozone
nonattainment area has attained the 8hour ozone standard. EPA’s analyses for
Christian County, Kentucky, and
Montgomery County, Tennessee, are
described in detail in the direct final
rules published September 22, 2005, at
70 FR 55550 and 70 FR 55559,
respectively.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
4047
EPA is also providing information on
the status of the Agency’s transportation
conformity adequacy determination for
the new MVEBs for the years 2004 and
2016 that are contained in the
maintenance plan for Christian County,
Kentucky. The maintenance plan
establishes MVEBs for the years 2004
and 2016, respectively, of 3.83 tons per
day (tpd) and 2.08 tpd for volatile
organic compound (VOC) emissions,
and 9.53 tpd and 3.83 tpd for nitrogen
oxides (NOX). Through this action, EPA
is announcing that these MVEBs are
adequate for the purposes of
transportation conformity. During EPA’s
Adequacy public comment period
which began on March 29, 2005, and
closed on April 28, 2005, EPA did not
receive any adverse comments related to
the MVEBs. EPA is also approving these
MVEBs in this action. Upon the
publication of this final rulemaking in
the Federal Register, these MVEBs must
be used by the transportation partners in
this area for future conformity
determinations. Additionally,
conformity to these new MVEBs must be
demonstrated within 24 months of the
effective date of this action, pursuant to
section 6011(a) of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act—A Legacy for Users, which was
signed into law on August 10, 2005.
Additionally, in this action, EPA is
responding to the adverse comment
received on the September 22, 2005,
rulemaking proposing to approve the
aforementioned revisions (70 FR 55613).
II. What Is the Background for the
Actions?
In two separate actions published on
September 22, 2005, EPA proposed to
approve the redesignation of the
Kentucky (70 FR 55613) and Tennessee
(70 FR 55613) portions of the
Clarksville-Hopkinsville 8-Hour Ozone
Nonattainment Area to attainment. Also
on that date, EPA published two
companion direct final rules approving
the redesignation to attainment of the
Kentucky (70 FR 55550) and Tennessee
(70 FR 55559) portions of the
nonattainment area. The proposed and
direct final rules stated that if EPA
received adverse comment by October
24, 2005, the direct final rule would be
withdrawn and would not take effect.
EPA subsequently received an adverse
comment regarding the redesignation of
the Kentucky portion of the
nonattainment area (i.e., Christian
County). In this action, EPA is
addressing the comment and taking
final action as described in section I and
section IV.
E:\FR\FM\25JAR1.SGM
25JAR1
Agencies
[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Rules and Regulations]
[Pages 4045-4047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-703]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. EPA-R02-OAR-2004-NJ-0004, FRL-8020-6]
Approval and Promulgation of Implementation Plans; New Jersey
Consumer Products 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 24 ``Prevention of Air Pollution
From Consumer Products'' of 7:27 of the New Jersey Administrative
Codes, 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 February 24, 2006.
ADDRESSES: EPA has established a docket for this action under the
Federal Docket Management System (FDMS) which replaces the Regional
Materials in EDOCKET (RME) docket system. The new FDMS is located at
https://www.regulations.gov and the docket ID for this action is EPA-
R02-OAR-2004-NJ-0004. All documents in the docket are listed in the
FDMS index. Publicly available docket materials are available either
electronically in FDMS 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 June 22, 2004. This SIP
incorporates adopted rule amendments to Title 7, Chapter 27, Subchapter
24 ``Prevention of Air Pollution from Consumer Products'' which was
adopted on April 7, 2004. Subchapter 24 contains two control programs,
consumer products and portable fuel container spillage control. This
adoption was published in the New Jersey Register on May 3, 2004 and
became effective on June 6, 2004. The Subchapter 24 amendments are
applicable to the entire State of New Jersey. The reader is referred to
the proposed rulemaking (December 10, 2004, 69 FR 71764) for additional
details.
Subchapter 24 contains provisions for accepting innovative products
exemptions (IPEs), alternative compliance plans (ACPs), and variances
that have been approved by the California Air Resources Board (CARB) or
other states with adopted consumer product regulations based on the
Ozone Transport Commission (OTC) ``Model Rule for Consumer Products''
dated November 29, 2001. While the provisions related to IPEs, ACP, and
variances pursuant to subchapter 24 are acceptable, each specific
application of those provisions cannot be recognized as meeting Federal
requirements until it is approved by EPA as a SIP revision.
II. What Comments Were Received and How Has EPA Responded to Them?
EPA received one comment pertaining to the proposal for this action
which supported this rulemaking.
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 two of the OTC model control
measures into the New Jersey ozone SIP: Consumer products and portable
fuel containers. The emission reductions from these control measures
will provide a portion of the additional emission reductions needed to
attain the 1-hour ozone standard. The emission reductions from these
measures will also help to attain the 8-hour ozone standard.
IV. What Are EPA's Conclusions?
EPA has evaluated the submitted Subchapter 24 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 IPEs, ACP, and variances, 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 24 revisions as adopted on April 7, 2004 and effective
on June 6, 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
[[Page 4046]]
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 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 March 27,
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: December 28, 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)(79) to read
as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(c) * * *
(79) Revisions to the State Implementation Plan submitted on June
22, 2004 by the State of New Jersey Department of Environmental
Protection that establishes an expanded control program for consumer
products including portable fuel containers.
(i) Incorporation by reference:
(A) Regulation Subchapter 24 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``Prevention of Air Pollution From
Consumer Products,'' adopted on April 7, 2004 and effective on June 6,
2004.
(ii) Additional material:
(A) Letter from State of New Jersey Department of Environmental
Protection dated June 22, 2004, requesting EPA approval of a revision
to the Ozone SIP which contains amendments to the Subchapter 24
``Prevention of Air Pollution From Consumer Products.''
* * * * *
0
3. Section 52.1605 is amended by revising the entry under Title 7,
Chapter 27 for Subchapter 24 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 24, ``Prevention of Air June 6, 2004.......... January 25, 2006 The specific application of
Pollution From Consumer Products''. [Insert FR page provisions associated with
citation.]. innovative products
exemptions, alternative
compliance plans, and
variances must be
submitted to EPA as SIP
revisions.
* * * * * * *
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[FR Doc. 06-703 Filed 1-24-06; 8:45 am]
BILLING CODE 6560-50-P