Approval and Promulgation of Implementation Plans; New York State Implementation Plan Revision, 9373-9376 [2010-4306]
Download as PDF
Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a safety zone and
is categorically excluded under figure
2–1, paragraph (34)(g), of the
Instruction. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
into, transit through or anchoring within
this safety zone is prohibited unless
authorized by the Captain of the Port
San Diego or his designated
representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means,the
operator of a vessel must proceed as
directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Dated: February 3, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2010–4204 Filed 3–1–10; 8:45 am]
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T11–284 to read as
follows:
[EPA–R02–OAR–2010–0131, FRL–9120–9]
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
(a) Location. The limits of the safety
zone are as follows: All navigable waters
within 800 feet of the firing location
adjacent to the AVI Resort and Casino
centered in the channel between
Laughlin Bridge and the northwest
point of AVI Resort and Casino Cove in
position: 35°00′93″N, 114°38′28″W.
(b) Enforcement Period. This section
will be enforced from 8 p.m. to 9:45
p.m. on May 30, 2010. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
14:54 Mar 01, 2010
Jkt 220001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
§ 165.T11–284 Safety Zone, AVI May
Fireworks Display, Colorado River,
Laughlin, NV.
VerDate Nov<24>2008
BILLING CODE 9110–04–P
Approval and Promulgation of
Implementation Plans; New York State
Implementation Plan Revision
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to approve a
proposed revision to the New York State
Implementation Plan (SIP) for ozone
concerning the control of volatile
organic compounds. The proposed SIP
revision consists of amendments to Title
6 of the New York Codes, Rules and
Regulations Part 235, ‘‘Consumer
Products’’ and Part 239, ‘‘Portable Fuel
Container Spillage Control.’’ The
intended effect of this action is to
approve control strategies, required by
the Clean Air Act, which will result in
emission reductions that will help
achieve attainment of the national
ambient air quality standards for ozone.
DATES: Comments must be received on
or before April 1, 2010.
ADDRESSES: Submit your comments,
identified by Docket Number EPA–R02–
OAR–2010–0131, by one of the
following methods:
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
9373
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Werner.Raymond@epa.gov.
• Fax: 212–637–3901
• Mail: Raymond Werner, Chief, Air
Programs Branch, Environmental
Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New
York 10007–1866.
• Hand Delivery: Raymond Werner,
Chief, Air Programs Branch,
Environmental Protection Agency,
Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007–
1866. Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m. excluding Federal holidays.
Instructions: Direct your comments to
Docket No. EPA–R02–OAR–2010–0131.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters or any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
E:\FR\FM\02MRP1.SGM
02MRP1
9374
Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov 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. EPA requests, if
at all possible, that you contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the docket. You may
view the hard copy of the docket
Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber (wieber.kirk@epa.gov), Air
Programs Branch, Environmental
Protection Agency, 290 Broadway, 25th
Floor, New York, New York 10007–
1866, (212) 637–3381.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is Required by the Clean Air Act
(Act) and How Does it Apply to New
York?
A. What is the History and Time Frame for
State Implementation Plan (SIP)
Submissions?
B. What are the Moderate Area
Requirements?
II. What was Included in New York’s
Submittals?
A. What do the Revisions to Part 235,
‘‘Consumer Products’’ Consist Of?
B. What do the Requirements of Part 239,
‘‘Portable Fuel Container Spillage
Control’’ Consist Of?
III. What is EPA’s Conclusion?
IV. Statutory and Executive Order Reviews
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
I. What is Required by the Clean Air
Act (Act) and How Does it Apply to
New York?
B. What Are the Moderate Area
Requirements?
A. What Is the History and Time Frame
for State Implementation Plan (SIP)
Submissions?
In 1997, EPA revised the health-based
national ambient air quality standards
(NAAQS or standard) for ozone, setting
it at 0.08 parts per million averaged over
an 8-hour period. EPA set the 8-hour
ozone standard based on scientific
evidence demonstrating that ozone
causes adverse health effects at lower
ozone concentrations and over longer
periods of time than was understood
when the pre-existing 1-hour ozone
standard was set. EPA determined that
the 8-hour standard would be more
protective of human health, especially
with regard to children and adults who
are active outdoors, and individuals
VerDate Nov<24>2008
14:54 Mar 01, 2010
Jkt 220001
with a pre-existing respiratory disease,
such as asthma. On April 30, 2004 (69
FR 23951), EPA finalized its attainment/
nonattainment designations for areas
across the country with respect to the 8hour ozone standard. These actions
became effective on June 15, 2004. The
three 8-hour ozone moderate
nonattainment areas located in New
York State are: the New York-Northern
New Jersey-Long Island, NY–NJ–CT
nonattainment area; the Poughkeepsie
nonattainment area; and the Jefferson
County nonattainment area. The New
York portion of the New York-Northern
New Jersey-Long Island, NY–NJ–CT
nonattainment area is composed of the
five boroughs of New York City and the
surrounding counties of Nassau,
Suffolk, Westchester and Rockland. This
is collectively referred to as the New
York City Metropolitan Area or NYMA.
The Poughkeepsie nonattainment area is
composed of Dutchess, Orange and
Putnam counties. On March 25, 2008
(73 FR 15672) EPA determined that
Jefferson County attained the 8-hour
ozone standard.
These designations triggered the Act’s
requirements under section 182(b) for
moderate nonattainment areas,
including a requirement to submit a
demonstration of attainment. To assist
States in meeting the Act’s requirements
for ozone, EPA released an 8-hour ozone
implementation rule in two Phases.
EPA’s Phase 1 8-hour ozone
implementation rule, published on
April 30, 2004 (69 FR 23951) and
referred to as the Phase 1 Rule, specifies
that States must submit these attainment
demonstrations to EPA by no later than
three years from the effective date of
designation, that is, submit them by
June 15, 2007.1
On November 9, 2005, EPA published
Phase 2 of the 8-hour ozone
implementation rule (70 FR 71612) and
referred to as the Phase 2 Rule, which
addressed the control obligations that
apply to areas designated nonattainment
for the 8-hour NAAQS. Among other
things, the Phase 1 and Phase 2 Rules
1 On December 22, 2006, the United States Court
of Appeals for the District of Columbia Circuit (the
Court) vacated the Phase 1 Rule. South Coast Air
Quality Management Dist. v. EPA, 472 F.3d 882 (DC
Cir. 2006). Subsequently, in South Coast Air
Quality Management Dist. v. EPA, 489 F.3d 1295
(DC Cir. 2007), in response to several petitions for
rehearing, the Court clarified that the Phase 1 Rule
was vacated only with regard to those parts of the
rule that had been successfully challenged. The
court upheld the portions of the Phase 1 Rule
relating to EPA’s classification system under
subpart 2. The portions of the rule that were
vacated do not affect this proposed action.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
outline the SIP requirements and
deadlines for various requirements in
areas designated as moderate
nonattainment. For such areas,
reasonably available control technology
(RACT) plans were due by September
2006 (40 CFR 51.912(a)(2)). The rules
further require that modeling and
attainment demonstrations, reasonable
further progress plans, reasonably
available control measure (RACM)
analysis, projection year emission
inventories, motor vehicle emissions
budgets and contingency measures were
all due by June 15, 2007 (40 CFR
51.908(a), and (c)).
In a related matter, the Ozone
Transport Commission (OTC) developed
control measures into model rules for a
number of source categories and
estimated emission reduction benefits
from implementing these model rules.
These model rules were designed for
use by States in developing their own
regulations to achieve additional
emission reductions to close emission
shortfalls.
II. What Was Included in New York’s
Submittals?
On October 21, 2009 and November
23, 2009, the New York State
Department of Environmental
Conservation (NYSDEC), submitted to
EPA proposed revisions to the SIP
which included State adopted revisions
to two regulations which consist of,
respectively, Title 6 of the New York
Code of Rules and Regulations (6
NYCRR) Part 235, ‘‘Consumer Products’’
with an effective date of October 15,
2009 and 6 NYCRR Part 239, ‘‘Portable
Fuel Container Spillage Control’’ with
an effective date of July 30, 2009. These
revisions will provide volatile organic
compound (VOC) emission reductions
to address, in part, attainment of the
1997 8-hour ozone standard in the
NYMA and towards meeting the RACT
and RACM requirement. New York used
the OTC model rules as guidelines to
develop its rules.
A. What Do the Revisions to Part 235,
‘‘Consumer Products’’ Consist Of?
On January 23, 2004 (69 FR 3237),
EPA approved the previous version of
Part 235 that included VOC content
limits for 43 separate consumer product
categories. New York’s recent revisions
to Part 235 includes VOC content limits
for eleven new categories of products
and includes revised VOC content limits
for contact adhesives. The new
categories of products, some of which
include subcategories, are: adhesive
remover, anti-static (non-aerosol),
electrical cleaner, electronic cleaner,
fabric refresher, footwear or leather care,
E:\FR\FM\02MRP1.SGM
02MRP1
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules
graffiti remover, hair styling, shaving
gel, toilet/urinal care, and wood cleaner.
New York also revised subpart 235–
2.1, ‘‘Definitions’’ to accommodate the
new and revised categories as well as to
provide clarification on some existing
definitions.
Revised subpart 235–3.1, ‘‘Standards’’
establishes that no person shall sell,
supply, offer for sale, or manufacture for
sale in the State of New York consumer
products manufactured on or after
January 1, 2010 which contain VOC’s in
excess of the VOC content limits
specified by New York State for the
eleven new and revised categories. The
VOC standards for products registered
under FIFRA (Federal Insecticide,
Fungicide, and Rodenticide Act) will
have an effective date of January 1,
2011.
The revisions to subpart 235–3.1
include an unlimited sell through for
products that are manufactured before
January 1, 2010, except for products that
do not display on the container or
package the date, or a code indicating
the date, on which the product was
manufactured (see subpart 235–3.1(d));
solid air fresheners and toilet/urinal
care products that contain paradichlorobenzene (see subpart 235–3.1(d)
and (n)); adhesive removers, contact
adhesives, electrical cleaners, electronic
cleaners, footwear or leather care
products, graffiti removers and general
purpose degreasers (a category already
included in the SIP) that contain
methylene chloride, perchloroethylene;
or trichloroethylene (see subpart 235–
3.1(l) and (m)). Products containing
these compounds will have a one year
limited sell through until January 1,
2011. Other revisions to Part 235
include some administrative changes to
the labeling/date coding provisions
(subpart 235–6.1), an innovative
products exemption (subpart 235–5.1), a
variance provision (subpart 235–8.1),
alternative test methods (subpart 235–
9.1) and alternate control plan
provisions (subpart 235–11). Subparts
235–5.1, 235–8.1, 235–9.1 and 235–11.1
require that after NYSDEC approves an
application for an innovative product
exemption, a variance, an alternative
test method or alternative control plan,
it must be submitted to the EPA for
approval as a SIP revision. In the event
that the State adopts a less stringent
requirement and it is not approved into
the SIP by EPA through a sourcespecific SIP mechanism, the rule in the
SIP is operative under Federal law and
is Federally enforceable.
VerDate Nov<24>2008
14:54 Mar 01, 2010
Jkt 220001
B. What do the Requirements of Part
239, ‘‘Portable Fuel Container Spillage
Control’’ Consist Of?
On January 23, 2004 (69 FR 3237),
EPA approved the previous version of
Part 239 that is intended to reduce
refueling emissions from equipment and
engines in the off-road categories that
are predominantly refueled with
portable fuel containers. New York’s
recent revisions to Part 239 make certain
provisions (i.e., applicability,
performance standards, exemptions, test
procedures and administrative
procedures) consistent with Federal
Rule, 40 CFR Part 59 Subpart F—
Control of Evaporative Emissions From
New and In-Use Portable Fuel
Containers. Pursuant to Sections 110(l)
and 193 of the Act, EPA is not
authorized to approve a revision to the
SIP unless the modification insures
equivalent or greater emission
reductions and the revision would not
interfere with an applicable requirement
concerning attainment and reasonable
further progress as defined in title I of
the Act or any other applicable
requirement of the Act.
In the event that the State adopts a
less stringent rule and it is not approved
into the SIP by EPA through a sourcespecific SIP mechanism, the rule in the
SIP is operative under Federal law and
is Federally enforceable. Part 239 also
differs from 40 CFR Part 59 Subpart F
in that it establishes innovative product
exemption provisions that allow for
alternatives to complying with the
performance standards specified in Part
239. If a manufacturer demonstrates by
clear and convincing evidence that, due
to the product’s design, delivery system,
or other factors, the use of the product
will result in cumulative VOC emissions
below the highest emitting
representative spill-proof system or
representative spill-proof spout in its
product category, the manufacturer may
apply to the NYSDEC for an innovative
product exemption in accordance with
the criteria specified in Part 239–5.
In addition, subpart 239–7 provides
procedures for obtaining a variance.
Any person who cannot comply with
the performance standards set forth in
Part 239, due to extraordinary reasons
that are beyond that person’s reasonable
control, may apply in writing to the
NYSDEC for a variance. An application
for a variance must specify the grounds
upon which the variance is sought, the
proposed date(s) by which compliance
with the Part 239 VOC limits will be
achieved and a compliance report
reasonably detailing the method(s) by
which compliance will be achieved.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
9375
III. What is EPA’s Conclusion?
EPA has evaluated New York’s
submittal for consistency with the Act,
EPA regulations, and EPA policy. EPA
has determined that the revisions made
to Part 235 and Part 239 of Title 6 of the
New York Codes, Rules and
Regulations, entitled, ‘‘Consumer
Products’’ and ‘‘Portable Fuel Container
Spillage Control’’, respectively, meet the
SIP revision requirements of the Act
with the following exceptions.
The provisions related to innovative
products exemptions in subpart 239–5,
variances in subpart 239–7 and alternate
test methods in subpart 239–8 do not
explicitly require submission of an
innovative product exemption, variance
or alternative test method to EPA for
approval into the SIP. Since the rule
does not explicitly state that innovative
product exemptions, variances or
alternative test methods have to be
submitted to EPA for approval in the
SIP, there is the possibility that such
exemptions, variances and alternatives
will not be submitted for review and
approval into the SIP and therefore will
not, if approved, become Federally
enforceable. Failure to submit such
exemptions, variances or alternatives to
EPA for review and approval can lead
to sources not understanding that the
original rule still applies and can be
enforced by the United States. In order
to be Federally enforceable, any
exemption, variance or alternative test
method approved by NYSDEC must be
approved by EPA into the SIP.
While Part 239 may create some
uncertainty regarding which provisions
in subpart 239–5, 239–7 or 239–8 are
enforceable, EPA has determined that
there is no certainty that sources will
use these provisions in the future.
Therefore, EPA is proposing to approve
the proposed revisions to Part 239 as
part of the New York SIP with the
understanding that the specific
application of provisions associated
with innovative product exemptions,
variances, and alternate test methods,
pursuant to Part 239, must be submitted
to EPA as SIP revisions.
IV. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the Act. Accordingly, this proposed
action merely approves State law as
meeting Federal requirements and does
E:\FR\FM\02MRP1.SGM
02MRP1
9376
Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
not impose additional requirements
beyond those imposed by State law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Act; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Oxides of
Nitrogen, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
VerDate Nov<24>2008
14:54 Mar 01, 2010
Jkt 220001
Dated: February 18, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010–4306 Filed 3–1–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 395
[Docket No. FMCSA–2004–19608]
RIN 2126–AB26
Hours of Service
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of public listening
session.
SUMMARY: FMCSA announces that it will
hold a fifth public listening session (in
addition to the four sessions held in
January 2010) to solicit comments and
information on potential hours-ofservice (HOS) regulations. Specifically,
the Agency wants to know what factors,
issues, and data it should be aware of as
it prepares to issue a notice of proposed
rulemaking (NPRM) on HOS
requirements for property-carrying
commercial motor vehicle (CMV)
drivers. This session will be held in the
Louisville, Kentucky area in
conjunction with the Mid-America
Trucking Show. The listening session
will allow interested persons to present
comments, views, and relevant research
on revisions FMCSA should consider in
its forthcoming rulemaking. All
comments will be transcribed and
placed in the rulemaking docket for the
FMCSA’s consideration.
DATES: This listening session will be
held on Friday, March 26, 2010, in
Louisville, Kentucky. It will begin at 10
a.m. local time and end at 6 p.m., or
earlier, if all participants wishing to
express their views have done so.
ADDRESSES: The listening session will
be held at the Mid-America Trucking
Show at the Kentucky Exposition
Center, South Wing Room B101, 937
Phillips Lane, Louisville, Kentucky
40209–1331. The Kentucky Exposition
Center may be contacted at (502) 367–
5000 for directions. Each person
attending may attend the trucking show
and the listening session free of charge,
if they pre-register online with the MidAmerica Trucking Show organizer at
https://truckingshow.com/attendee/
attendee-registration. Attendees preregistering must print out their
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
confirmation page after registering and
present it at the Kentucky Exposition
Center door to be admitted free.
Otherwise, admission to the trucking
show on March 26 will be $5.00.
You may submit comments bearing
the Federal Docket Management System
(FDMS) Docket ID FMCSA–2004–19608
using any of the following methods.
Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
https://www.regulations.gov, including
any personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or to
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The online Federal document management
system is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the FDMS published in
the Federal Register on January 17,
2008 (73 FR 3316), or you may visit
https://edocket.access.gpo.gov/2008/pdf/
E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: For
information concerning the hours-ofservice rules, contact Mr. Tom Yager,
Chief, Driver and Carrier Operations
E:\FR\FM\02MRP1.SGM
02MRP1
Agencies
[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Proposed Rules]
[Pages 9373-9376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4306]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2010-0131, FRL-9120-9]
Approval and Promulgation of Implementation Plans; New York State
Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a proposed revision to the New York State Implementation Plan
(SIP) for ozone concerning the control of volatile organic compounds.
The proposed SIP revision consists of amendments to Title 6 of the New
York Codes, Rules and Regulations Part 235, ``Consumer Products'' and
Part 239, ``Portable Fuel Container Spillage Control.'' The intended
effect of this action is to approve control strategies, required by the
Clean Air Act, which will result in emission reductions that will help
achieve attainment of the national ambient air quality standards for
ozone.
DATES: Comments must be received on or before April 1, 2010.
ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2010-0131, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Werner.Raymond@epa.gov.
Fax: 212-637-3901
Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m. excluding Federal holidays.
Instructions: Direct your comments to Docket No. EPA-R02-OAR-2010-
0131. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is
[[Page 9374]]
not publicly available, e.g., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
https://www.regulations.gov 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. EPA requests, if at all
possible, that you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber (wieber.kirk@epa.gov),
Air Programs Branch, Environmental Protection Agency, 290 Broadway,
25th Floor, New York, New York 10007-1866, (212) 637-3381.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is Required by the Clean Air Act (Act) and How Does it Apply
to New York?
A. What is the History and Time Frame for State Implementation
Plan (SIP) Submissions?
B. What are the Moderate Area Requirements?
II. What was Included in New York's Submittals?
A. What do the Revisions to Part 235, ``Consumer Products''
Consist Of?
B. What do the Requirements of Part 239, ``Portable Fuel
Container Spillage Control'' Consist Of?
III. What is EPA's Conclusion?
IV. Statutory and Executive Order Reviews
I. What is Required by the Clean Air Act (Act) and How Does it Apply to
New York?
A. What Is the History and Time Frame for State Implementation Plan
(SIP) Submissions?
In 1997, EPA revised the health-based national ambient air quality
standards (NAAQS or standard) for ozone, setting it at 0.08 parts per
million averaged over an 8-hour period. EPA set the 8-hour ozone
standard based on scientific evidence demonstrating that ozone causes
adverse health effects at lower ozone concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
standard was set. EPA determined that the 8-hour standard would be more
protective of human health, especially with regard to children and
adults who are active outdoors, and individuals with a pre-existing
respiratory disease, such as asthma. On April 30, 2004 (69 FR 23951),
EPA finalized its attainment/nonattainment designations for areas
across the country with respect to the 8-hour ozone standard. These
actions became effective on June 15, 2004. The three 8-hour ozone
moderate nonattainment areas located in New York State are: the New
York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment area; the
Poughkeepsie nonattainment area; and the Jefferson County nonattainment
area. The New York portion of the New York-Northern New Jersey-Long
Island, NY-NJ-CT nonattainment area is composed of the five boroughs of
New York City and the surrounding counties of Nassau, Suffolk,
Westchester and Rockland. This is collectively referred to as the New
York City Metropolitan Area or NYMA. The Poughkeepsie nonattainment
area is composed of Dutchess, Orange and Putnam counties. On March 25,
2008 (73 FR 15672) EPA determined that Jefferson County attained the 8-
hour ozone standard.
These designations triggered the Act's requirements under section
182(b) for moderate nonattainment areas, including a requirement to
submit a demonstration of attainment. To assist States in meeting the
Act's requirements for ozone, EPA released an 8-hour ozone
implementation rule in two Phases. EPA's Phase 1 8-hour ozone
implementation rule, published on April 30, 2004 (69 FR 23951) and
referred to as the Phase 1 Rule, specifies that States must submit
these attainment demonstrations to EPA by no later than three years
from the effective date of designation, that is, submit them by June
15, 2007.\1\
---------------------------------------------------------------------------
\1\ On December 22, 2006, the United States Court of Appeals for
the District of Columbia Circuit (the Court) vacated the Phase 1
Rule. South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882
(DC Cir. 2006). Subsequently, in South Coast Air Quality Management
Dist. v. EPA, 489 F.3d 1295 (DC Cir. 2007), in response to several
petitions for rehearing, the Court clarified that the Phase 1 Rule
was vacated only with regard to those parts of the rule that had
been successfully challenged. The court upheld the portions of the
Phase 1 Rule relating to EPA's classification system under subpart
2. The portions of the rule that were vacated do not affect this
proposed action.
---------------------------------------------------------------------------
B. What Are the Moderate Area Requirements?
On November 9, 2005, EPA published Phase 2 of the 8-hour ozone
implementation rule (70 FR 71612) and referred to as the Phase 2 Rule,
which addressed the control obligations that apply to areas designated
nonattainment for the 8-hour NAAQS. Among other things, the Phase 1 and
Phase 2 Rules outline the SIP requirements and deadlines for various
requirements in areas designated as moderate nonattainment. For such
areas, reasonably available control technology (RACT) plans were due by
September 2006 (40 CFR 51.912(a)(2)). The rules further require that
modeling and attainment demonstrations, reasonable further progress
plans, reasonably available control measure (RACM) analysis, projection
year emission inventories, motor vehicle emissions budgets and
contingency measures were all due by June 15, 2007 (40 CFR 51.908(a),
and (c)).
In a related matter, the Ozone Transport Commission (OTC) developed
control measures into model rules for a number of source categories and
estimated emission reduction benefits from implementing these model
rules. These model rules were designed for use by States in developing
their own regulations to achieve additional emission reductions to
close emission shortfalls.
II. What Was Included in New York's Submittals?
On October 21, 2009 and November 23, 2009, the New York State
Department of Environmental Conservation (NYSDEC), submitted to EPA
proposed revisions to the SIP which included State adopted revisions to
two regulations which consist of, respectively, Title 6 of the New York
Code of Rules and Regulations (6 NYCRR) Part 235, ``Consumer Products''
with an effective date of October 15, 2009 and 6 NYCRR Part 239,
``Portable Fuel Container Spillage Control'' with an effective date of
July 30, 2009. These revisions will provide volatile organic compound
(VOC) emission reductions to address, in part, attainment of the 1997
8-hour ozone standard in the NYMA and towards meeting the RACT and RACM
requirement. New York used the OTC model rules as guidelines to develop
its rules.
A. What Do the Revisions to Part 235, ``Consumer Products'' Consist Of?
On January 23, 2004 (69 FR 3237), EPA approved the previous version
of Part 235 that included VOC content limits for 43 separate consumer
product categories. New York's recent revisions to Part 235 includes
VOC content limits for eleven new categories of products and includes
revised VOC content limits for contact adhesives. The new categories of
products, some of which include subcategories, are: adhesive remover,
anti-static (non-aerosol), electrical cleaner, electronic cleaner,
fabric refresher, footwear or leather care,
[[Page 9375]]
graffiti remover, hair styling, shaving gel, toilet/urinal care, and
wood cleaner.
New York also revised subpart 235-2.1, ``Definitions'' to
accommodate the new and revised categories as well as to provide
clarification on some existing definitions.
Revised subpart 235-3.1, ``Standards'' establishes that no person
shall sell, supply, offer for sale, or manufacture for sale in the
State of New York consumer products manufactured on or after January 1,
2010 which contain VOC's in excess of the VOC content limits specified
by New York State for the eleven new and revised categories. The VOC
standards for products registered under FIFRA (Federal Insecticide,
Fungicide, and Rodenticide Act) will have an effective date of January
1, 2011.
The revisions to subpart 235-3.1 include an unlimited sell through
for products that are manufactured before January 1, 2010, except for
products that do not display on the container or package the date, or a
code indicating the date, on which the product was manufactured (see
subpart 235-3.1(d)); solid air fresheners and toilet/urinal care
products that contain para-dichlorobenzene (see subpart 235-3.1(d) and
(n)); adhesive removers, contact adhesives, electrical cleaners,
electronic cleaners, footwear or leather care products, graffiti
removers and general purpose degreasers (a category already included in
the SIP) that contain methylene chloride, perchloroethylene; or
trichloroethylene (see subpart 235-3.1(l) and (m)). Products containing
these compounds will have a one year limited sell through until January
1, 2011. Other revisions to Part 235 include some administrative
changes to the labeling/date coding provisions (subpart 235-6.1), an
innovative products exemption (subpart 235-5.1), a variance provision
(subpart 235-8.1), alternative test methods (subpart 235-9.1) and
alternate control plan provisions (subpart 235-11). Subparts 235-5.1,
235-8.1, 235-9.1 and 235-11.1 require that after NYSDEC approves an
application for an innovative product exemption, a variance, an
alternative test method or alternative control plan, it must be
submitted to the EPA for approval as a SIP revision. In the event that
the State adopts a less stringent requirement and it is not approved
into the SIP by EPA through a source-specific SIP mechanism, the rule
in the SIP is operative under Federal law and is Federally enforceable.
B. What do the Requirements of Part 239, ``Portable Fuel Container
Spillage Control'' Consist Of?
On January 23, 2004 (69 FR 3237), EPA approved the previous version
of Part 239 that is intended to reduce refueling emissions from
equipment and engines in the off-road categories that are predominantly
refueled with portable fuel containers. New York's recent revisions to
Part 239 make certain provisions (i.e., applicability, performance
standards, exemptions, test procedures and administrative procedures)
consistent with Federal Rule, 40 CFR Part 59 Subpart F--Control of
Evaporative Emissions From New and In-Use Portable Fuel Containers.
Pursuant to Sections 110(l) and 193 of the Act, EPA is not authorized
to approve a revision to the SIP unless the modification insures
equivalent or greater emission reductions and the revision would not
interfere with an applicable requirement concerning attainment and
reasonable further progress as defined in title I of the Act or any
other applicable requirement of the Act.
In the event that the State adopts a less stringent rule and it is
not approved into the SIP by EPA through a source-specific SIP
mechanism, the rule in the SIP is operative under Federal law and is
Federally enforceable. Part 239 also differs from 40 CFR Part 59
Subpart F in that it establishes innovative product exemption
provisions that allow for alternatives to complying with the
performance standards specified in Part 239. If a manufacturer
demonstrates by clear and convincing evidence that, due to the
product's design, delivery system, or other factors, the use of the
product will result in cumulative VOC emissions below the highest
emitting representative spill-proof system or representative spill-
proof spout in its product category, the manufacturer may apply to the
NYSDEC for an innovative product exemption in accordance with the
criteria specified in Part 239-5.
In addition, subpart 239-7 provides procedures for obtaining a
variance. Any person who cannot comply with the performance standards
set forth in Part 239, due to extraordinary reasons that are beyond
that person's reasonable control, may apply in writing to the NYSDEC
for a variance. An application for a variance must specify the grounds
upon which the variance is sought, the proposed date(s) by which
compliance with the Part 239 VOC limits will be achieved and a
compliance report reasonably detailing the method(s) by which
compliance will be achieved.
III. What is EPA's Conclusion?
EPA has evaluated New York's submittal for consistency with the
Act, EPA regulations, and EPA policy. EPA has determined that the
revisions made to Part 235 and Part 239 of Title 6 of the New York
Codes, Rules and Regulations, entitled, ``Consumer Products'' and
``Portable Fuel Container Spillage Control'', respectively, meet the
SIP revision requirements of the Act with the following exceptions.
The provisions related to innovative products exemptions in subpart
239-5, variances in subpart 239-7 and alternate test methods in subpart
239-8 do not explicitly require submission of an innovative product
exemption, variance or alternative test method to EPA for approval into
the SIP. Since the rule does not explicitly state that innovative
product exemptions, variances or alternative test methods have to be
submitted to EPA for approval in the SIP, there is the possibility that
such exemptions, variances and alternatives will not be submitted for
review and approval into the SIP and therefore will not, if approved,
become Federally enforceable. Failure to submit such exemptions,
variances or alternatives to EPA for review and approval can lead to
sources not understanding that the original rule still applies and can
be enforced by the United States. In order to be Federally enforceable,
any exemption, variance or alternative test method approved by NYSDEC
must be approved by EPA into the SIP.
While Part 239 may create some uncertainty regarding which
provisions in subpart 239-5, 239-7 or 239-8 are enforceable, EPA has
determined that there is no certainty that sources will use these
provisions in the future. Therefore, EPA is proposing to approve the
proposed revisions to Part 239 as part of the New York SIP with the
understanding that the specific application of provisions associated
with innovative product exemptions, variances, and alternate test
methods, pursuant to Part 239, must be submitted to EPA as SIP
revisions.
IV. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the Act. Accordingly, this
proposed action merely approves State law as meeting Federal
requirements and does
[[Page 9376]]
not impose additional requirements beyond those imposed by State law.
For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Oxides of
Nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 18, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-4306 Filed 3-1-10; 8:45 am]
BILLING CODE 6560-50-P