Approval and Promulgation of Implementation Plans; New York State Ozone Implementation Plan Revision, 13974-13977 [2012-5646]
Download as PDF
<![CDATA[
13974
Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Rules and Regulations
categorical exclusion determination as
appropriate.
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 amends 33
CFR Part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 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.T01–0048 to read as
follows:
■
wreier-aviles on DSK5TPTVN1PROD with RULES
§ 165.T01–0048 Regulated Navigation
Area; MBTA Saugus River Railroad
Drawbridge rehabilitation project, Saugus
River, MA.
(a) Location. The following area is a
Regulated
Navigation Area (RNA): All navigable
waters, surface to bottom, on the Saugus
River, within a 300 yard radius of
position 42°26′50″ N, 70°58′19″ W in the
vicinity of the MBTA Saugus River
Railroad Drawbridge between Saugus
and Lynn, MA.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.10,
165.11, and 165.13 apply in addition to
those provisions outlined below.
(2) In accordance with the general
regulations, entry into or movement
within this zone during periods of
enforcement is prohibited unless
authorized by Captain of the Port Sector
Boston (COTP).
(3) All persons and vessels must
comply with all directions given to
them by the COTP or the on-scene
representative. The ‘‘on-scene
representative’’ of the COTP is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the COTP to act on the COTP’s
behalf. The on-scene representative may
be on a Coast Guard vessel or other
designated craft, or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. Members
of the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(5) Notwithstanding any other
provisions in this regulation, the
VerDate Mar<15>2010
14:32 Mar 07, 2012
Jkt 226001
movement of official, emergency vessels
within the regulated area will be
permitted provided that the contractor
is notified in order to remove potential
hazards or obstructions.
(6) All other relevant regulations,
including but not limited to the Rules of
the Road (33 CFR Subchapter E, Inland
Navigational Rules), remain in effect
within the regulated area and must be
strictly followed at all times.
(c) Enforcement period. (1) This
regulation is enforceable each week
from Friday at 11 p.m. until Monday at
4 a.m., from February 24, 2012, through
November 30, 2012.
(2) The COTP Sector Boston will
cause notice of enforcement to be made
by all appropriate means to achieve the
widest distribution among the affected
segments of the public. Such means of
notification may include but are not
limited to Broadcast Notice to Mariners,
Local Notice to Mariners, and Marine
Safety Information Bulletins. Such
notification will include the dates and
times that enforcement will begin and
end.
(d) Penalties. Failure to comply with
this section may result in civil or
criminal penalties pursuant to the Ports
and Waterways Safety Act, 33 U.S.C.
1221 et seq. Report violations of this
regulated navigation area to the COTP
Sector Boston, at 617–223–5757 or on
VHF–Channel 16.
ENVIRONMENTAL PROTECTION
AGENCY
Adhesives, Sealants and Primers,’’ Part
234, ‘‘Graphic Arts,’’ and Part 241,
‘‘Asphalt Pavement and Asphalt Based
Surface Coating.’’ 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 attain and maintain the
national ambient air quality standards
for ozone.
DATES: Effective Date: This rule will be
effective April 9, 2012.
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
www.regulations.gov and the docket ID
for this action is EPA–R02–OAR–2011–
0796. 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 2 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 3334, 1301 Constitution Avenue
NW., Washington, DC; and the New
York State Department of
Environmental Conservation, Division
of Air Resources, 625 Broadway,
Albany, New York 12233.
FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–3381.
SUPPLEMENTARY INFORMATION:
40 CFR Part 52
Table of Contents
[EPA–R02–OAR–2011–0796, FRL–9645–4]
I. What was included in New York’s
submittals?
II. What is EPA’s evaluation of part 228,
‘‘Surface Coating Processes, Commercial
and Industrial Adhesives, Sealants and
Primers?’’
III. What is EPA’s evaluation of part 234,
‘‘Graphic Arts?’’
IV. What is EPA’s evaluation of part 241,
‘‘Asphalt Pavement and Asphalt Based
Surface Coating?’’
V. What comments did EPA receive in
response to its proposal?
VI. What is EPA’s conclusion?
VII. Statutory and Executive Order Reviews
Dated: February 17, 2012.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2012–5329 Filed 3–7–12; 8:45 am]
BILLING CODE 9110–04–P
Approval and Promulgation of
Implementation Plans; New York State
Ozone Implementation Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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 228, ‘‘Surface Coating
Processes, Commercial and Industrial
SUMMARY:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
I. What was included in New York’s
submittals?
On August 19, 2010 and December 15,
2010, the New York State Department of
Environmental Conservation (NYSDEC),
E:\FR\FM\08MRR1.SGM
08MRR1
Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
submitted to EPA proposed revisions to
the SIP, which included state adopted
revisions to three regulations contained
in Title 6 of the New York Code of Rules
and Regulations (6 NYCRR) Part 228,
‘‘Surface Coating Processes, Commercial
and Industrial Adhesives, Sealants and
Primers,’’ Part 234, ‘‘Graphic Arts,’’ and
Part 241, ‘‘Asphalt Pavement and
Asphalt Based Surface Coating’’ with
effective dates of September 30, 2010,
July 8, 2010 and January 1, 2011,
respectively. These revisions are
applicable statewide and will therefore
provide volatile organic compound
(VOC) emission reductions statewide
and will address, in part, attainment of
the 1997 8-hour ozone national ambient
air quality standards (NAAQS or
standard) in the Poughkeepsie, Jefferson
County and the New York portion of the
New York-Northern New Jersey-Long
Island, NY-NJ-CT (NYMA) moderate
nonattainment areas.
II. What is EPA’s evaluation of part
228, ‘‘Surface Coating Processes,
Commercial and Industrial Adhesives,
Sealants and Primers?’’
Part 228 contains the required
elements for a federally enforceable
rule: emission limitations, compliance
procedures and test methods,
compliance dates and record keeping
provisions. In contrast to the Control
Techniques Guideline (CTG) document
for Miscellaneous Industrial Adhesives
dated September 2008, Part 228 is
applicable to all stationary sources
including those applications that occur
outside of the factory setting, such as
applied in the field. In addition, it
includes provisions that apply to the
selling, supplying, offering for sale or
manufacture for sale in New York of
adhesives, sealants, adhesive primers
and sealant primers, along with
container labeling requirements and
product registrations. The VOC content
restrictions for these products apply to
both their manufacture and application.
Stationary sources also have the option
of using add-on control equipment
provided it achieves 85 percent control.
Part 228 also regulates the VOC content/
vapor pressure of surface-preparation
and clean-up solvents for which the
CTG did not make recommendations
other than including work practices.
EPA recommends that when states
evaluate reasonably available control
technology (RACT), as required by
section 182(b), when implementing a
revised 8-hour ozone standard, that they
review the VOC content limits for wood
adhesives. This category of adhesives is
included in the CTG recommended VOC
emission limits. Overall, Part 228: (1)
Regulates the same adhesives and
VerDate Mar<15>2010
14:32 Mar 07, 2012
Jkt 226001
adhesive primers as the CTG with the
addition of regulating sealants and
sealant primers, (2) applies to additional
stationary sources, and (3) provides for
similar exemptions as the CTG
recommends.
EPA has evaluated New York’s
submittal for consistency with the Clean
Air Act, EPA regulations, and EPA
policy. EPA has determined that Part
228 is as effective in regulating this
source category as the CTG and is
approving it as part of the SIP and as
meeting the requirement to adopt a
RACT rule for the Miscellaneous
Industrial Adhesives CTG category.
III. What is EPA’s evaluation of part
234, ‘‘Graphic Arts?’’
Part 234 contains the required
elements for a federally enforceable
rule: Emission limitations, compliance
procedures and test methods,
compliance dates and record keeping
provisions.
In contrast to the two CTG
documents, one for Offset Lithographic
Printing and Letterpress Printing and a
second for Flexible Package Printing,
issued by EPA in September 2006, Part
234 is generally applicable to all graphic
arts facilities located in a severe ozone
nonattainment area, which includes the
NYMA, or to facilities that emit total
actual annual VOC graphic arts
emissions of three tons or more on a 12month rolling basis, which is consistent
with or more stringent than the CTG’s.
Offset Lithographic Printing and
Letterpress Printing
In addition to the general revisions to
Part 234, the revised section 234.3
addresses the CTG for Offset
Lithographic Printing and Letterpress
Printing. Subsections (b), (c) and (d)
were added and require more stringent
emission controls. Subsection 234.3(b)
requires control equipment achieve
overall removal efficiencies, i.e., 90
percent if installed prior to July 8, 2010
and 95 percent if installed on or after
July 8, 2010. Subsection 234.3(d)
includes the VOC limits for heatset web,
sheet-fed and cold-set offset
lithographic printing processes.
Subsection 234.3(c) limits provisions for
cleaning materials to a composite vapor
pressure less than 10 mm Hg
(millimeters mercury) or VOC content of
less than 70 percent by weight, with
some exceptions. In addition, section
234.6 requires best management
practices for handling, storage and
disposal of VOCs, such as keeping VOC
and VOC containing materials in closed
containers, keeping VOC containing
shop towels in closed containers, and
recordkeeping requirements. These
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
13975
revisions are consistent with the CTG
recommendations issued on October 5,
2006.
EPA evaluated these provisions for
consistency with the Clean Air Act, EPA
regulations, and EPA policy and is
approving them.
Flexible Package Printing
In addition to the general provisions
of Part 234, the revised subsection
234.3(a) addresses the CTG for Flexible
Package Printing. Subsection
234.3(a)(1)(ii) was added and requires
more stringent emission controls for
publication rotogravure and other
printing processes. Subsection
234.3(a)(1)(i) contains new maximum
allowable VOC content limits for inks,
coatings and adhesives (minus water).
Section 234.6 requires best management
practices (see above description). These
revisions are consistent with the CTG
recommendations issued on October 5,
2006.
EPA evaluated these provisions for
consistency with the Clean Air Act, EPA
regulations, and EPA policy and is
approving them.
IV. What is EPA’s evaluation of part
241, ‘‘Asphalt Pavement and Asphalt
Based Surface Coating?’’
Part 241 contains the regulatory
provisions applicable to asphalt
pavements and asphalt based surface
coatings. These provisions were
previously regulated under 6 NYCRR
Part 205, ‘‘Architectural and Industrial
Maintenance (AIM) Coatings’’ and Part
211, ‘‘General Prohibitions.’’ New York
revised these two rules by removing the
asphalt provisions and moving them
into new rule Part 241.
New York removed the seasonal limit
that allowed the use of cutback asphalt
from October 16th to May 1st. Part 241
only allows the use of cutback asphalt
in two circumstances: When the asphalt
is used in the production of long-life
stockpile material for pavement
patching and repair and when the
asphalt is used as a penetrating prime
coat for the purpose of preparing a
surface to receive asphalt pavement.
New York included a VOC content
limit in Part 241 for asphalt surface
coatings. No asphalt based surface
coating may be applied, sold, offered for
sale, or manufactured if it contains more
than 100 grams of VOC per liter. This
is consistent with the limit that was
previously included in Part 205.
Part 241 also includes limits for
emulsified asphalt. No emulsified
asphalt, as classified under ASTM
International standard specifications
D 977 or D 2397 may be applied, sold,
offered for sale, or manufactured that
E:\FR\FM\08MRR1.SGM
08MRR1
13976
Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Rules and Regulations
contains oil distillate, as determined by
ASTM International standard test
method D 6997, in amounts that exceed
the following limits (milliliters of oil
distillate per 200 gram sample):
(a) Three milliliters for ASTM grades
RS–1, SS–1, SS–1h, CRS–1, CSS–1, and
CSS–1h;
(b) Five milliliters for ASTM grades
RS–2, CRS–2, and HFRS–2;
(c) Sixteen milliliters for ASTM
grades MS–2, HFMS–2 and HFMS–2h;
and
(d) Twenty milliliters for ASTM
grades CMS–2 and CMS–2h.
Similar limits were previously
included in Part 211 but they were
expressed as VOC content limits in
percent by weight. The revised limits
included in Part 241 are approximately
17–25 percent more stringent than what
was previously included in Part 211.
EPA notes that while the revised
limits in Part 241 are more stringent
than the previous limits included in
Part 211, the States of New Jersey,
Delaware and Connecticut have adopted
emission limits more stringent than Part
241, specifically during the ozone
season months. EPA recommends that
when New York evaluates RACT, as is
required by section 182(b) when
implementing a revised 8-hour ozone
standard, that New York consider more
stringent asphalt paving limits in line
with those adopted by the neighboring
states.
EPA evaluated the provisions of Part
241 for consistency with the Clean Air
Act, EPA regulations, and EPA policy
and is approving them.
wreier-aviles on DSK5TPTVN1PROD with RULES
V. What comments did EPA receive in
response to its proposal?
On December 12, 2011 (76 FR 77178),
EPA proposed to approve New York’s
revised Parts 228, 234 and 241. For a
detailed discussion on the content and
requirements of the revisions to New
York’s regulations, the reader is referred
to EPA’s proposed rulemaking action.
In response to EPA’s December 12,
2011 proposed rulemaking action, EPA
received no comments.
VI. What is EPA’s conclusion?
EPA has evaluated New York’s
submittal for consistency with the Clean
Air Act, EPA regulations, and EPA
policy. EPA is approving the revisions
made to Title 6 of the New York Code
of Rules and Regulations (6 NYCRR)
Part 228, ‘‘Surface Coating Processes,
Commercial and Industrial Adhesives,
Sealants and Primers,’’ Part 234,
‘‘Graphic Arts,’’ and new Part 241,
‘‘Asphalt Pavement and Asphalt Based
Surface Coating,’’ with effective dates of
September 30, 2010, July 8, 2010 and
VerDate Mar<15>2010
14:32 Mar 07, 2012
Jkt 226001
January 1, 2011, respectively. EPA has
determined that the revisions meet the
SIP requirements of the Clean Air Act
and fulfill the recommended controls
identified in the applicable CTGs. EPA
is approving these revisions and is also
approving the revisions made to 6
NYCRR Part 205, ‘‘Architectural and
Industrial Maintenance (AIM) Coatings’’
and Part 211, ‘‘General Prohibitions,’’
both effective January 1, 2011, to avoid
redundancy and conflict of the asphalt
paving and coating provisions included
in new Part 241.
VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air 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 Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this 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 Clean Air Act;
and
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
• 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.
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 action 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 May 7, 2012.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Oxides of
Nitrogen, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 27, 2012.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
E:\FR\FM\08MRR1.SGM
08MRR1
13977
Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Rules and Regulations
PART 52—[AMENDED]
Subpart HH—New York
and adding new entry Part 241 in
numerical order to read as follows:
1. The authority citation for part 52
continues to read as follows:
■
2. In § 52.1670, the table in paragraph
(c) is amended by revising the entries
for Title 6, Parts 205, 211, 228 and 234
§ 52.1670
■
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW YORK STATE REGULATIONS
New York State regulation
State effective
date
Latest EPA approval date
*
*
Part 205, Architectural and Industrial
Maintenance (AIM) Coatings.
*
1/1/11
*
*
3/8/12 [Insert page number where the
document begins].
*
*
Part 211, General Prohibitions .................
*
1/1/11
*
*
3/8/12 [Insert page number where the
document begins].
*
*
Part 228, Surface Coating Processes,
Commercial and Industrial Adhesives,
Sealants and Primers.
*
9/30/10
*
*
3/8/12 [Insert page number where the
document begins].
*
*
Part 234, Graphic Arts ..............................
*
7/8/10
*
*
3/8/12 [Insert page number where the
document begins].
*
*
Part 241, Asphalt Pavement and Asphalt
Based Surface Coating.
*
1/1/11
*
*
3/8/12 [Insert page number where the
document begins].
Comments
Title 6
*
*
*
[FR Doc. 2012–5646 Filed 3–7–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2010–0873; FRL–9643–9]
RIN 2060–AH23
Quality Assurance Requirements for
Continuous Opacity Monitoring
Systems at Stationary Sources
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; announcement
of extension of comment period.
AGENCY:
The EPA is extending the
comment period for the direct final rule
titled, ‘‘Quality Assurance Requirements
for Continuous Opacity Monitoring
Systems at Stationary Sources,’’ that
were published in the Federal Register
on February 14, 2012. The 30-day
comment period is scheduled to end on
March 15, 2012. The extended comment
period will close on April 30, 2012. The
EPA is extending the comment period
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:32 Mar 07, 2012
Jkt 226001
*
Frm 00017
Fmt 4700
Sfmt 4700
*
*
*
Section 211.1 (previously numbered
211.2) is not part of the approved
plan. (see 11/27/98, 63 FR 65559)
*
*
*
*
SIP revisions submitted in accordance
with § 234.3(f) are effective only if approved by EPA.
*
*
*
*
because of a request we received in a
timely manner.
DATES: The comment period for the
direct final February 14, 2012 (77 FR
8160), is extended. Comments must be
received on or before April 30, 2012.
The effective date for the rule remains
April 16, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2010–0873 by one of the following
methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Attention Docket ID No. EPA–
HQ–OAR–2010–0873, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: The EPA Docket
Center, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC
20460. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
PO 00000
*
*
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2010–
0873. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
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 www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov,
your email 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, the EPA recommends that
you include your name and other
contact information in the body of your
E:\FR\FM\08MRR1.SGM
08MRR1
]]>Agencies
[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Rules and Regulations]
[Pages 13974-13977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5646]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2011-0796, FRL-9645-4]
Approval and Promulgation of Implementation Plans; New York State
Ozone Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 228, ``Surface Coating Processes,
Commercial and Industrial Adhesives, Sealants and Primers,'' Part 234,
``Graphic Arts,'' and Part 241, ``Asphalt Pavement and Asphalt Based
Surface Coating.'' 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 attain and maintain the national
ambient air quality standards for ozone.
DATES: Effective Date: This rule will be effective April 9, 2012.
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
www.regulations.gov and the docket ID for this action is EPA-R02-OAR-
2011-0796. 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
2 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 3334, 1301 Constitution Avenue
NW., Washington, DC; and the New York State Department of Environmental
Conservation, Division of Air Resources, 625 Broadway, Albany, New York
12233.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, 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 was included in New York's submittals?
II. What is EPA's evaluation of part 228, ``Surface Coating
Processes, Commercial and Industrial Adhesives, Sealants and
Primers?''
III. What is EPA's evaluation of part 234, ``Graphic Arts?''
IV. What is EPA's evaluation of part 241, ``Asphalt Pavement and
Asphalt Based Surface Coating?''
V. What comments did EPA receive in response to its proposal?
VI. What is EPA's conclusion?
VII. Statutory and Executive Order Reviews
I. What was included in New York's submittals?
On August 19, 2010 and December 15, 2010, the New York State
Department of Environmental Conservation (NYSDEC),
[[Page 13975]]
submitted to EPA proposed revisions to the SIP, which included state
adopted revisions to three regulations contained in Title 6 of the New
York Code of Rules and Regulations (6 NYCRR) Part 228, ``Surface
Coating Processes, Commercial and Industrial Adhesives, Sealants and
Primers,'' Part 234, ``Graphic Arts,'' and Part 241, ``Asphalt Pavement
and Asphalt Based Surface Coating'' with effective dates of September
30, 2010, July 8, 2010 and January 1, 2011, respectively. These
revisions are applicable statewide and will therefore provide volatile
organic compound (VOC) emission reductions statewide and will address,
in part, attainment of the 1997 8-hour ozone national ambient air
quality standards (NAAQS or standard) in the Poughkeepsie, Jefferson
County and the New York portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT (NYMA) moderate nonattainment areas.
II. What is EPA's evaluation of part 228, ``Surface Coating Processes,
Commercial and Industrial Adhesives, Sealants and Primers?''
Part 228 contains the required elements for a federally enforceable
rule: emission limitations, compliance procedures and test methods,
compliance dates and record keeping provisions. In contrast to the
Control Techniques Guideline (CTG) document for Miscellaneous
Industrial Adhesives dated September 2008, Part 228 is applicable to
all stationary sources including those applications that occur outside
of the factory setting, such as applied in the field. In addition, it
includes provisions that apply to the selling, supplying, offering for
sale or manufacture for sale in New York of adhesives, sealants,
adhesive primers and sealant primers, along with container labeling
requirements and product registrations. The VOC content restrictions
for these products apply to both their manufacture and application.
Stationary sources also have the option of using add-on control
equipment provided it achieves 85 percent control. Part 228 also
regulates the VOC content/vapor pressure of surface-preparation and
clean-up solvents for which the CTG did not make recommendations other
than including work practices.
EPA recommends that when states evaluate reasonably available
control technology (RACT), as required by section 182(b), when
implementing a revised 8-hour ozone standard, that they review the VOC
content limits for wood adhesives. This category of adhesives is
included in the CTG recommended VOC emission limits. Overall, Part 228:
(1) Regulates the same adhesives and adhesive primers as the CTG with
the addition of regulating sealants and sealant primers, (2) applies to
additional stationary sources, and (3) provides for similar exemptions
as the CTG recommends.
EPA has evaluated New York's submittal for consistency with the
Clean Air Act, EPA regulations, and EPA policy. EPA has determined that
Part 228 is as effective in regulating this source category as the CTG
and is approving it as part of the SIP and as meeting the requirement
to adopt a RACT rule for the Miscellaneous Industrial Adhesives CTG
category.
III. What is EPA's evaluation of part 234, ``Graphic Arts?''
Part 234 contains the required elements for a federally enforceable
rule: Emission limitations, compliance procedures and test methods,
compliance dates and record keeping provisions.
In contrast to the two CTG documents, one for Offset Lithographic
Printing and Letterpress Printing and a second for Flexible Package
Printing, issued by EPA in September 2006, Part 234 is generally
applicable to all graphic arts facilities located in a severe ozone
nonattainment area, which includes the NYMA, or to facilities that emit
total actual annual VOC graphic arts emissions of three tons or more on
a 12-month rolling basis, which is consistent with or more stringent
than the CTG's.
Offset Lithographic Printing and Letterpress Printing
In addition to the general revisions to Part 234, the revised
section 234.3 addresses the CTG for Offset Lithographic Printing and
Letterpress Printing. Subsections (b), (c) and (d) were added and
require more stringent emission controls. Subsection 234.3(b) requires
control equipment achieve overall removal efficiencies, i.e., 90
percent if installed prior to July 8, 2010 and 95 percent if installed
on or after July 8, 2010. Subsection 234.3(d) includes the VOC limits
for heatset web, sheet-fed and cold-set offset lithographic printing
processes. Subsection 234.3(c) limits provisions for cleaning materials
to a composite vapor pressure less than 10 mm Hg (millimeters mercury)
or VOC content of less than 70 percent by weight, with some exceptions.
In addition, section 234.6 requires best management practices for
handling, storage and disposal of VOCs, such as keeping VOC and VOC
containing materials in closed containers, keeping VOC containing shop
towels in closed containers, and recordkeeping requirements. These
revisions are consistent with the CTG recommendations issued on October
5, 2006.
EPA evaluated these provisions for consistency with the Clean Air
Act, EPA regulations, and EPA policy and is approving them.
Flexible Package Printing
In addition to the general provisions of Part 234, the revised
subsection 234.3(a) addresses the CTG for Flexible Package Printing.
Subsection 234.3(a)(1)(ii) was added and requires more stringent
emission controls for publication rotogravure and other printing
processes. Subsection 234.3(a)(1)(i) contains new maximum allowable VOC
content limits for inks, coatings and adhesives (minus water). Section
234.6 requires best management practices (see above description). These
revisions are consistent with the CTG recommendations issued on October
5, 2006.
EPA evaluated these provisions for consistency with the Clean Air
Act, EPA regulations, and EPA policy and is approving them.
IV. What is EPA's evaluation of part 241, ``Asphalt Pavement and
Asphalt Based Surface Coating?''
Part 241 contains the regulatory provisions applicable to asphalt
pavements and asphalt based surface coatings. These provisions were
previously regulated under 6 NYCRR Part 205, ``Architectural and
Industrial Maintenance (AIM) Coatings'' and Part 211, ``General
Prohibitions.'' New York revised these two rules by removing the
asphalt provisions and moving them into new rule Part 241.
New York removed the seasonal limit that allowed the use of cutback
asphalt from October 16th to May 1st. Part 241 only allows the use of
cutback asphalt in two circumstances: When the asphalt is used in the
production of long-life stockpile material for pavement patching and
repair and when the asphalt is used as a penetrating prime coat for the
purpose of preparing a surface to receive asphalt pavement.
New York included a VOC content limit in Part 241 for asphalt
surface coatings. No asphalt based surface coating may be applied,
sold, offered for sale, or manufactured if it contains more than 100
grams of VOC per liter. This is consistent with the limit that was
previously included in Part 205.
Part 241 also includes limits for emulsified asphalt. No emulsified
asphalt, as classified under ASTM International standard specifications
D 977 or D 2397 may be applied, sold, offered for sale, or manufactured
that
[[Page 13976]]
contains oil distillate, as determined by ASTM International standard
test method D 6997, in amounts that exceed the following limits
(milliliters of oil distillate per 200 gram sample):
(a) Three milliliters for ASTM grades RS-1, SS-1, SS-1h, CRS-1,
CSS-1, and CSS-1h;
(b) Five milliliters for ASTM grades RS-2, CRS-2, and HFRS-2;
(c) Sixteen milliliters for ASTM grades MS-2, HFMS-2 and HFMS-2h;
and
(d) Twenty milliliters for ASTM grades CMS-2 and CMS-2h.
Similar limits were previously included in Part 211 but they were
expressed as VOC content limits in percent by weight. The revised
limits included in Part 241 are approximately 17-25 percent more
stringent than what was previously included in Part 211.
EPA notes that while the revised limits in Part 241 are more
stringent than the previous limits included in Part 211, the States of
New Jersey, Delaware and Connecticut have adopted emission limits more
stringent than Part 241, specifically during the ozone season months.
EPA recommends that when New York evaluates RACT, as is required by
section 182(b) when implementing a revised 8-hour ozone standard, that
New York consider more stringent asphalt paving limits in line with
those adopted by the neighboring states.
EPA evaluated the provisions of Part 241 for consistency with the
Clean Air Act, EPA regulations, and EPA policy and is approving them.
V. What comments did EPA receive in response to its proposal?
On December 12, 2011 (76 FR 77178), EPA proposed to approve New
York's revised Parts 228, 234 and 241. For a detailed discussion on the
content and requirements of the revisions to New York's regulations,
the reader is referred to EPA's proposed rulemaking action.
In response to EPA's December 12, 2011 proposed rulemaking action,
EPA received no comments.
VI. What is EPA's conclusion?
EPA has evaluated New York's submittal for consistency with the
Clean Air Act, EPA regulations, and EPA policy. EPA is approving the
revisions made to Title 6 of the New York Code of Rules and Regulations
(6 NYCRR) Part 228, ``Surface Coating Processes, Commercial and
Industrial Adhesives, Sealants and Primers,'' Part 234, ``Graphic
Arts,'' and new Part 241, ``Asphalt Pavement and Asphalt Based Surface
Coating,'' with effective dates of September 30, 2010, July 8, 2010 and
January 1, 2011, respectively. EPA has determined that the revisions
meet the SIP requirements of the Clean Air Act and fulfill the
recommended controls identified in the applicable CTGs. EPA is
approving these revisions and is also approving the revisions made to 6
NYCRR Part 205, ``Architectural and Industrial Maintenance (AIM)
Coatings'' and Part 211, ``General Prohibitions,'' both effective
January 1, 2011, to avoid redundancy and conflict of the asphalt paving
and coating provisions included in new Part 241.
VII. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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 Clean Air 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.
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 action 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 May 7, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Oxides of
Nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 27, 2012.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 13977]]
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 HH--New York
0
2. In Sec. 52.1670, the table in paragraph (c) is amended by revising
the entries for Title 6, Parts 205, 211, 228 and 234 and adding new
entry Part 241 in numerical order to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations
----------------------------------------------------------------------------------------------------------------
State
New York State regulation effective date Latest EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Title 6
* * * * * * *
Part 205, Architectural and 1/1/11 3/8/12 [Insert page number
Industrial Maintenance (AIM) where the document begins].
Coatings.
* * * * * * *
Part 211, General Prohibitions...... 1/1/11 3/8/12 [Insert page number Section 211.1 (previously
where the document begins]. numbered 211.2) is not part
of the approved plan. (see
11/27/98, 63 FR 65559)
* * * * * * *
Part 228, Surface Coating Processes, 9/30/10 3/8/12 [Insert page number
Commercial and Industrial where the document begins].
Adhesives, Sealants and Primers.
* * * * * * *
Part 234, Graphic Arts.............. 7/8/10 3/8/12 [Insert page number SIP revisions submitted in
where the document begins]. accordance with Sec.
234.3(f) are effective only
if approved by EPA.
* * * * * * *
Part 241, Asphalt Pavement and 1/1/11 3/8/12 [Insert page number
Asphalt Based Surface Coating. where the document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-5646 Filed 3-7-12; 8:45 am]
BILLING CODE 6560-50-P
