Approval and Promulgation of Implementation Plans; New York State Ozone Implementation Plan Revision, 69625-69628 [2013-27679]

Download as PDF pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Proposed Rules future HISA benefits will be furnished to the beneficiary for that application. If the total actual cost of the improvement or structural alteration is less than the approved HISA benefit, the balance of the approved amount will be credited to the beneficiary’s remaining HISA benefits lifetime balance. (d) Failure to submit a final payment request. (1) If an advance payment was made to the beneficiary, but the beneficiary fails to submit a final payment request in accordance with paragraph (b) of this section within 60 days of the date of the advance payment, VA will send a notice to remind the beneficiary of the obligation to submit the final payment request. If the beneficiary fails to submit the final payment request or to provide a suitable update and explanation of delay within 30 days of this notice, VA may take appropriate action to collect the amount of the advance payment from the beneficiary. (2) If an advance payment was not made to the beneficiary and the beneficiary does not submit a final payment request in accordance with paragraph (b) of this section within 60 days of the date the application was approved, the application will be closed and no future HISA benefits will be furnished to the beneficiary for that application. Before closing the application, VA will send a notice to the beneficiary of the intent to close the file. If the beneficiary does not respond with a suitable update and explanation for the delay within 30 days, VA will close the file and provide a final notice of closure. The notice will include information about the right to appeal the decision. (e) Failure to make approved improvements or structural alterations. If an inspection conducted pursuant to paragraph (c)(1) of this section reveals that the improvement or structural alteration has not been completed as indicated in the final payment request, VA may take appropriate action to collect the amount of the advance payment from the beneficiary. VA will not seek to collect the amount of the advance payment from the beneficiary if the beneficiary provides documentation indicating that the project was not completed due to the fault of the contractor, including bankruptcy or misconduct of the contractor. (Authority: 38 U.S.C. 501, 1717) (The Office of Management and Budget has approved the information collection requirements in this section under control number 2900–0188.) [FR Doc. 2013–27672 Filed 11–19–13; 8:45 am] BILLING CODE 8320–01–P VerDate Mar<15>2010 13:59 Nov 19, 2013 Jkt 232001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2013–0734, FRL–9903–06– Region 2] Approval and Promulgation of Implementation Plans; New York State Ozone Implementation Plan Revision Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the New York State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds. The SIP revision consists of amendments to the New York Codes. The intended effect of this action is to approve control techniques, 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: Comments must be received on or before December 20, 2013. ADDRESSES: Submit your comments, identified by Docket Number EPA–R02– OAR–2013–0734, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: Ruvo.Richard@epa.gov. • Fax: 212–637–3901. • Mail: Mr. Richard Ruvo, Chief, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007–1866. • Hand Delivery: Mr. Richard Ruvo, 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 a.m. to 4 p.m., excluding federal holidays. Instructions: Direct your comments to Docket No. EPA–R02–OAR–2013–0734. 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 SUMMARY: PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 69625 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 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 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, 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 http:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is 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 http:// www.regulations.gov 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. 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 (CAA) and how does it apply to New York? A. Background B. What are the moderate area requirements? E:\FR\FM\20NOP1.SGM 20NOP1 69626 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Proposed Rules II. What was included in New York’s submittal? III. What is EPA’s evaluation of Part 228, ‘‘Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers’’? A. Background B. What are the requirements of Part 228, ‘‘Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers’’? C. What is EPA’s evaluation? IV. What is EPA’s conclusion? V. Statutory and Executive Order Reviews I. What is required by the Clean Air Act (CAA) and how does it apply to New York? pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 A. Background 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 23858), 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 8hour 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. These designations triggered the CAA’s requirements under section 182(b) for moderate nonattainment areas to submit a demonstration of attainment, including implementing reasonably available control technology (RACT). VerDate Mar<15>2010 13:59 Nov 19, 2013 Jkt 232001 B. What are the moderate area requirements? Section 182(b)(2)(A) provides that for moderate and above nonattainment areas, states must revise their SIPs to include RACT for each category of volatile organic compound (VOC) sources covered by a control techniques guidelines (CTG) document issued between November 15, 1990 and the date of attainment. Additionally, CAA section 184(b)(1)(B) requires implementation of RACT statewide in states that are located within an Ozone Transport Region (OTR). New York is one of the several states located in the OTR required under the CAA to revise its SIP to include RACT requirements statewide for each of the source categories identified in the federal CTGs, including RACT for surface coating processes. The EPA defines RACT as ‘‘the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.’’ 44 FR 53761 (Sept. 17, 1979). In subsequent Federal Register notices, EPA has addressed how states can meet the RACT requirements of the CAA. CAA section 183(e) directs EPA to list for regulation those categories of products that account for at least 80 percent of the VOC emissions, on a reactivity-adjusted basis, from consumer and commercial products in areas that violate the NAAQS for ozone (i.e., ozone nonattainment areas). EPA issued the list on March 23, 1995, and has revised the list periodically. See 60 FR 15264 (March 23, 1995); see also 71 FR 28320 (May 16, 2006), 70 FR 69759 (Nov. 17, 2005); 64 FR 13422 (Mar. 18, 1999). II. What was included in New York’s submittal? On July 15, 2013, the New York State Department of Environmental Conservation (NYSDEC), submitted to EPA revisions to the SIP, which included state adopted revisions 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,’’ with an effective date of June 5, 2013. These revisions are applicable statewide and will therefore provide volatile organic compound (VOC) emission reductions statewide and will help towards achieving attainment of the ozone standards in the NYMA and towards meeting the RACT requirements. New York also included a negative declaration in its July 15, 2013 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 submittal. New York has certified, based on a review of operating permits and emissions inventory, no facilities exist in the State to which the Fiberglass Boat Manufacturing Materials CTG or the Industrial Cleaning Solvents CTG apply. EPA recently approved a SIP revision for prior amendments to Part 228 on March 8, 2012 (77 FR 13974). III. What is EPA’s evaluation of Part 228, ‘‘Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers’’? A. Background New York State currently regulates VOCs emitted by surface coating processes under 6 NYCRR Subpart 228–1. The revisions to Part 228 update the current rule by incorporating the latest RACT requirements for surface coating processes established in seven different CTGs issued by EPA from April 1996 to September 2008. These CTGs establish presumptive RACT for surface coating processes in each of the product categories identified below: (1) Wood Finishing Manufacturing Operations [EPA 453/R–96–007 (April 1996); 61 FR 25223 (May 20, 1996)]; (2) Flat Wood Paneling Coatings [EPA 453/R–06–004 (September 2006); 71 FR 58745 (Oct. 5, 2006)]; (3) Metal Furniture Coatings [EPA 453/R–07–005 (September 2007); 72 FR 57215 (Oct. 9, 2007)]; (4) Large Appliance Coatings [EPA 453/R–07–004 (September 2007); 72 FR 57215 (Oct. 9, 2007)]; (5) Paper, Film and Foil Coatings [EPA 453/R–07–003 (September 2007); 72 FR 57215 (Oct. 9, 2007)]; (6) Automobile and Light-Duty Truck Assembly Coatings [EPA–453/R–08–006 (September 2008); 73 FR 58481 (Oct. 7, 2008)]; and (7) Miscellaneous Metal and Plastic Parts Coatings [EPA–453/R–08–003 (September, 2008); 73 FR 58481 (Oct. 7, 2008)]. B. What are the requirements of Part 228, ‘‘Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers’’? Section 228–1.1, ‘‘Applicability and Exemptions,’’ was revised to reflect the applicability criteria specified in seven of EPA’s final CTGs for specific coating processes. Consistent with the preexisting regulation, all surface coating facilities located in the NYMA, and the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury, are subject to the regulation. Surface coating facilities located outside the above counties and towns have E:\FR\FM\20NOP1.SGM 20NOP1 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Proposed Rules specific applicability criteria for various surface coating processes. These criteria range from a facility using 55 gallons of coating or more per year up to having a potential to emit 50 tons or more of VOCs on an annual basis. Typically, only facilities that have actual emissions of three tons per year or more are subject to the control requirements of the revised regulation. All others are subject only to section 228–1.3, ‘‘General Requirements.’’ Section 228–1.2, ‘‘Definitions,’’ sets forth several definitions specific to subpart 228–1. This section includes many new definitions that are consistent with the federal CTGs, including several added coating types used in the updated coating processes. The definitions in Part 200 also apply unless they are inconsistent with subpart 228–1. Section 228–1.3, ‘‘General Requirements,’’ is a new section added to subpart 228–1 which describes the minimum requirements applicable to all surface coating facilities. It combines provisions from the preexisting regulation related to: Opacity limit; recordkeeping; prohibition of sale or specification; and handling, storage and disposal of volatile organic compounds. It also sets forth acceptable application techniques common to many surface coating processes. Section 228–1.4, ‘‘Requirements for controlling VOC emissions using compliant materials,’’ lists the maximum VOC content allowed for coatings used in surface coating processes. The revisions include additional requirements as well as exceptions specific to a coating process, coating type or application requirements. Section 228–1.5, ‘‘Requirements for controlling VOC emissions using add on controls or coating systems,’’ provides alternatives to complying with the VOC content limits of section 228–1.4. Most coating processes are allowed alternative means of compliance. Pursuant to the revisions, they can comply with the regulation by: (1) Controlling their emissions using a capturing system followed by treatment of the VOCs; (2) using a combination of VOC content coatings compliant with section 228–1.4 along with noncompliant ones, and with or without added controls, in a ‘‘coating system’’ acceptable to the NYSDEC; or (3) providing a process-specific RACT demonstration, subject to the satisfaction of the NYSDEC, which shows that the requirements cannot be economically or technically achieved. Such process specific RACT demonstrations must be submitted to VerDate Mar<15>2010 13:59 Nov 19, 2013 Jkt 232001 the EPA for approval as a revision to the SIP. Section 228–1.6, ‘‘Reports, sampling and analysis,’’ specifies the requirements necessary to determine and maintain compliance with the regulation. This section allows the NYSDEC to have reasonable access to subject facilities to obtain samples of any material containing VOC in order to determine compliance, and specifies the test methods used for add on control systems to show compliance with the applicable requirements. Revisions to subpart 228–2 make clarifying changes and are nonsubstantive. Also, the NYSDEC determined that subsection 228– 2.7(a)(1), the labeling provision requiring that manufacturers specify the category name, is unnecessary and therefore removed that provision. C. What is EPA’s evaluation? Part 228 contains the required elements for a federally enforceable rule: Emission limitations, compliance procedures and test methods, compliance dates and record keeping provisions. Part 228 includes provisions that prohibit the selling, supplying, offering for sale, soliciting, using, specifying or requiring the use of a non-compliant coating on a part or product at a facility in New York, unless allowed by other provisions of Part 228. Part 228 also includes provisions for handling, storage and disposal of VOC’s. Facilities also have compliance options including the option of using add-on control equipment provided it achieves 90 percent control. EPA has evaluated New York’s submittal for consistency with the CAA, EPA regulations, and EPA policy and guideline documents. EPA has determined that Part 228 is as effective in regulating the source categories as the following CTG’s: (1) Wood Furniture Manufacturing Operations [EPA 453/R–96–007 (April 1996); 61 FR 25223 (May 20, 1996)]; (2) Flat Wood Paneling Coatings [EPA 453/R–06–004 (September 2006); 71 FR 58745 (Oct. 5, 2006)]; (3) Metal Furniture Coatings [EPA 453/R–07–005 (September 2007); 72 FR 57215 (Oct. 9, 2007)]; (4) Large Appliance Coatings [EPA 453/R–07–004 (September 2007); 72 FR 57215 (Oct. 9, 2007)]; (5) Paper, Film and Foil Coatings [EPA 453/R–07–003 (September 2007); 72 FR 57215 (Oct. 9, 2007)]; (6) Automobile and Light-Duty Truck Assembly Coatings [EPA–453/R–08–006 (September 2008); 73 FR 58481 (Oct. 7, 2008)]; and PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 69627 (7) Miscellaneous Metal and Plastic Parts Coatings [EPA–453/R–08–003 (September, 2008); 73 FR 58481 (Oct. 7, 2008)]. EPA has determined that the VOC content limits associated with the various surface coating processes included in the revised Part 228 are consistent with the VOC content limits recommended in the applicable surface coating CTG’s, as are all of the other recommended control options (i.e., addon controls efficiency, work practices for coating-related activities and work practices for cleaning materials) and applicability thresholds. Therefore, EPA proposes to approve it as part of the SIP and as meeting the requirement to adopt a RACT rule for the CTG categories listed above. With regards to New York’s negative declaration for Fiberglass Boat Manufacturing Materials and Industrial Cleaning Solvents, EPA agrees with New York’s evaluation that no facilities exist in the State to which the Fiberglass Boat Manufacturing Materials CTG apply. However, EPA is still reviewing the negative declaration as it applies to the Industrial Cleaning Solvents CTG and will discuss our evaluation in the future. As previously noted, EPA recently approved a SIP revision for prior amendments to Part 228 on March 8, 2012 (77 FR 13974). IV. What is EPA’s conclusion? EPA has evaluated New York’s July 15, 2013 SIP revision submittal for consistency with the CAA, EPA regulations, and EPA policy and guideline documents. EPA proposes that 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,’’ with an effective date of June 5, 2013, meet the SIP requirements of the CAA and fulfill the recommended controls identified in the applicable CTGs. EPA is proposing to approve these revisions and is also proposing to approve New York’s July 15, 2013 negative declaration, which certifies that based on a review of operating permits and emissions inventory, no facilities exist in the State to which the Fiberglass Boat Manufacturing Materials CTG apply. Therefore, New York will not have to incorporate provisions consistent with that CTG into Part 228 or any other regulation. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission E:\FR\FM\20NOP1.SGM 20NOP1 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 69628 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Proposed Rules 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 CAA. Accordingly, this proposed 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 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) 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 proposed action 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, VerDate Mar<15>2010 13:59 Nov 19, 2013 Jkt 232001 Intergovernmental relations, Oxides of nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 8, 2013. Judith A. Enck, Regional Administrator, Region 2. [FR Doc. 2013–27679 Filed 11–19–13; 8:45 am] BILLING CODE 6560–50–P the EPA Docket Center, located at 1301 Constitution Avenue NW., Room 3334, Washington, DC between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding legal holidays. A reasonable fee may be charged for copying. Documents will also be available through the electronic docket system at http://www.regulations.gov. Julia MacAllister, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214–4131; Fax number: (734) 214–4816; Email address: macallister.julia@epa.gov. FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA–HQ–OAR–2013–0479; FRL–9903–10– OAR] RIN 2060–AR76 Public Hearing for the 2014 Standards for the Renewable Fuel Standard Program Environmental Protection Agency (EPA). ACTION: Announcement of public hearing. AGENCY: The EPA is announcing a public hearing to be held for the proposed rule 2014 Standards for the Renewable Fuel Standard Program, which EPA will publish separately in the Federal Register. The hearing will be held in Washington, DC on December 5, 2013. In the separate notice of proposed rulemaking EPA has proposed amendments to the renewable fuel standard program regulations to establish annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels that would apply to all gasoline and diesel produced in the U.S. or imported in the year 2014. In addition, the separate proposal includes a proposed biomass-based diesel applicable volume for 2015. DATES: The public hearing will be held on December 5, 2013 at the location noted below under ADDRESSES. The hearing will begin at 9 a.m. and end when all parties present who wish to speak have had an opportunity to do so. Parties wishing to testify at the hearing should notify the contact person listed under FOR FURTHER INFORMATION CONTACT by November 26, 2013. Additional information regarding the hearing appears below under SUPPLEMENTARY INFORMATION. ADDRESSES: The hearing will be held at the following location: Hyatt Regency Crystal City, 2799 Jefferson Davis Highway, Arlington, VA 22202 (phone number 703–413–6718). A complete set of documents related to the proposal will be available for public inspection at SUMMARY: PO 00000 Frm 00035 Fmt 4702 Sfmt 9990 The proposal for which EPA is holding the public hearing has been published separately in the Federal Register. Public Hearing: The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning the proposal (which can be found at http:// www.epa.gov/otaq/fuels/ renewablefuels/index.htm). The EPA may ask clarifying questions during the oral presentations but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as any oral comments and supporting information presented at the public hearing. Written comments must be received by the last day of the comment period, as specified in the notice of proposed rulemaking. SUPPLEMENTARY INFORMATION: How can I get copies of this document, the proposed rule, and other related information? The EPA has established a docket for this action under Docket ID No. EPA– HQ–OAR–2013–0479. The EPA has also developed a Web site for the Renewable Fuel Standard (RFS) program, including the notice of proposed rulemaking, at the address given above. Please refer to the notice of proposed rulemaking for detailed information on accessing information related to the proposal. Dated: November 14, 2013. Christopher Grundler, Director, Office of Transportation and Air Quality, Office of Air and Radiation. [FR Doc. 2013–27827 Filed 11–19–13; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\20NOP1.SGM 20NOP1

Agencies

[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Proposed Rules]
[Pages 69625-69628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27679]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2013-0734, FRL-9903-06-Region 2]


Approval and Promulgation of Implementation Plans; New York State 
Ozone Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the New York State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds. The SIP 
revision consists of amendments to the New York Codes. The intended 
effect of this action is to approve control techniques, 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: Comments must be received on or before December 20, 2013.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2013-0734, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: Ruvo.Richard@epa.gov.
     Fax: 212-637-3901.
     Mail: Mr. Richard Ruvo, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866.
     Hand Delivery: Mr. Richard Ruvo, 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 a.m. to 4 p.m., excluding federal holidays.
    Instructions: Direct your comments to Docket No. EPA-R02-OAR-2013-
0734. 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 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 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, 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 http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is 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 http://www.regulations.gov 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. 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 (CAA) and how does it apply 
to New York?
    A. Background
    B. What are the moderate area requirements?

[[Page 69626]]

II. What was included in New York's submittal?
III. What is EPA's evaluation of Part 228, ``Surface Coating 
Processes, Commercial and Industrial Adhesives, Sealants and 
Primers''?
    A. Background
    B. What are the requirements of Part 228, ``Surface Coating 
Processes, Commercial and Industrial Adhesives, Sealants and 
Primers''?
    C. What is EPA's evaluation?
IV. What is EPA's conclusion?
V. Statutory and Executive Order Reviews

I. What is required by the Clean Air Act (CAA) and how does it apply to 
New York?

A. Background

    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 23858), 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.
    These designations triggered the CAA's requirements under section 
182(b) for moderate nonattainment areas to submit a demonstration of 
attainment, including implementing reasonably available control 
technology (RACT).

B. What are the moderate area requirements?

    Section 182(b)(2)(A) provides that for moderate and above 
nonattainment areas, states must revise their SIPs to include RACT for 
each category of volatile organic compound (VOC) sources covered by a 
control techniques guidelines (CTG) document issued between November 
15, 1990 and the date of attainment.
    Additionally, CAA section 184(b)(1)(B) requires implementation of 
RACT statewide in states that are located within an Ozone Transport 
Region (OTR). New York is one of the several states located in the OTR 
required under the CAA to revise its SIP to include RACT requirements 
statewide for each of the source categories identified in the federal 
CTGs, including RACT for surface coating processes.
    The EPA defines RACT as ``the lowest emission limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility.'' 44 FR 53761 (Sept. 17, 1979). In subsequent 
Federal Register notices, EPA has addressed how states can meet the 
RACT requirements of the CAA.
    CAA section 183(e) directs EPA to list for regulation those 
categories of products that account for at least 80 percent of the VOC 
emissions, on a reactivity-adjusted basis, from consumer and commercial 
products in areas that violate the NAAQS for ozone (i.e., ozone 
nonattainment areas). EPA issued the list on March 23, 1995, and has 
revised the list periodically. See 60 FR 15264 (March 23, 1995); see 
also 71 FR 28320 (May 16, 2006), 70 FR 69759 (Nov. 17, 2005); 64 FR 
13422 (Mar. 18, 1999).

II. What was included in New York's submittal?

    On July 15, 2013, the New York State Department of Environmental 
Conservation (NYSDEC), submitted to EPA revisions to the SIP, which 
included state adopted revisions 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,'' with an 
effective date of June 5, 2013. These revisions are applicable 
statewide and will therefore provide volatile organic compound (VOC) 
emission reductions statewide and will help towards achieving 
attainment of the ozone standards in the NYMA and towards meeting the 
RACT requirements.
    New York also included a negative declaration in its July 15, 2013 
submittal. New York has certified, based on a review of operating 
permits and emissions inventory, no facilities exist in the State to 
which the Fiberglass Boat Manufacturing Materials CTG or the Industrial 
Cleaning Solvents CTG apply.
    EPA recently approved a SIP revision for prior amendments to Part 
228 on March 8, 2012 (77 FR 13974).

III. What is EPA's evaluation of Part 228, ``Surface Coating Processes, 
Commercial and Industrial Adhesives, Sealants and Primers''?

A. Background

    New York State currently regulates VOCs emitted by surface coating 
processes under 6 NYCRR Subpart 228-1. The revisions to Part 228 update 
the current rule by incorporating the latest RACT requirements for 
surface coating processes established in seven different CTGs issued by 
EPA from April 1996 to September 2008. These CTGs establish presumptive 
RACT for surface coating processes in each of the product categories 
identified below:
    (1) Wood Finishing Manufacturing Operations [EPA 453/R-96-007 
(April 1996); 61 FR 25223 (May 20, 1996)];
    (2) Flat Wood Paneling Coatings [EPA 453/R-06-004 (September 2006); 
71 FR 58745 (Oct. 5, 2006)];
    (3) Metal Furniture Coatings [EPA 453/R-07-005 (September 2007); 72 
FR 57215 (Oct. 9, 2007)];
    (4) Large Appliance Coatings [EPA 453/R-07-004 (September 2007); 72 
FR 57215 (Oct. 9, 2007)];
    (5) Paper, Film and Foil Coatings [EPA 453/R-07-003 (September 
2007); 72 FR 57215 (Oct. 9, 2007)];
    (6) Automobile and Light-Duty Truck Assembly Coatings [EPA-453/R-
08-006 (September 2008); 73 FR 58481 (Oct. 7, 2008)]; and
    (7) Miscellaneous Metal and Plastic Parts Coatings [EPA-453/R-08-
003 (September, 2008); 73 FR 58481 (Oct. 7, 2008)].

B. What are the requirements of Part 228, ``Surface Coating Processes, 
Commercial and Industrial Adhesives, Sealants and Primers''?

    Section 228-1.1, ``Applicability and Exemptions,'' was revised to 
reflect the applicability criteria specified in seven of EPA's final 
CTGs for specific coating processes. Consistent with the preexisting 
regulation, all surface coating facilities located in the NYMA, and the 
Orange County towns of Blooming Grove, Chester, Highlands, Monroe, 
Tuxedo, Warwick, and Woodbury, are subject to the regulation. Surface 
coating facilities located outside the above counties and towns have

[[Page 69627]]

specific applicability criteria for various surface coating processes. 
These criteria range from a facility using 55 gallons of coating or 
more per year up to having a potential to emit 50 tons or more of VOCs 
on an annual basis. Typically, only facilities that have actual 
emissions of three tons per year or more are subject to the control 
requirements of the revised regulation. All others are subject only to 
section 228-1.3, ``General Requirements.''
    Section 228-1.2, ``Definitions,'' sets forth several definitions 
specific to subpart 228-1. This section includes many new definitions 
that are consistent with the federal CTGs, including several added 
coating types used in the updated coating processes. The definitions in 
Part 200 also apply unless they are inconsistent with subpart 228-1.
    Section 228-1.3, ``General Requirements,'' is a new section added 
to subpart 228-1 which describes the minimum requirements applicable to 
all surface coating facilities. It combines provisions from the 
preexisting regulation related to: Opacity limit; recordkeeping; 
prohibition of sale or specification; and handling, storage and 
disposal of volatile organic compounds. It also sets forth acceptable 
application techniques common to many surface coating processes.
    Section 228-1.4, ``Requirements for controlling VOC emissions using 
compliant materials,'' lists the maximum VOC content allowed for 
coatings used in surface coating processes. The revisions include 
additional requirements as well as exceptions specific to a coating 
process, coating type or application requirements.
    Section 228-1.5, ``Requirements for controlling VOC emissions using 
add on controls or coating systems,'' provides alternatives to 
complying with the VOC content limits of section 228-1.4. Most coating 
processes are allowed alternative means of compliance. Pursuant to the 
revisions, they can comply with the regulation by: (1) Controlling 
their emissions using a capturing system followed by treatment of the 
VOCs; (2) using a combination of VOC content coatings compliant with 
section 228-1.4 along with non-compliant ones, and with or without 
added controls, in a ``coating system'' acceptable to the NYSDEC; or 
(3) providing a process-specific RACT demonstration, subject to the 
satisfaction of the NYSDEC, which shows that the requirements cannot be 
economically or technically achieved. Such process specific RACT 
demonstrations must be submitted to the EPA for approval as a revision 
to the SIP.
    Section 228-1.6, ``Reports, sampling and analysis,'' specifies the 
requirements necessary to determine and maintain compliance with the 
regulation. This section allows the NYSDEC to have reasonable access to 
subject facilities to obtain samples of any material containing VOC in 
order to determine compliance, and specifies the test methods used for 
add on control systems to show compliance with the applicable 
requirements.
    Revisions to subpart 228-2 make clarifying changes and are non-
substantive. Also, the NYSDEC determined that subsection 228-2.7(a)(1), 
the labeling provision requiring that manufacturers specify the 
category name, is unnecessary and therefore removed that provision.

C. What is EPA's evaluation?

    Part 228 contains the required elements for a federally enforceable 
rule: Emission limitations, compliance procedures and test methods, 
compliance dates and record keeping provisions.
    Part 228 includes provisions that prohibit the selling, supplying, 
offering for sale, soliciting, using, specifying or requiring the use 
of a non-compliant coating on a part or product at a facility in New 
York, unless allowed by other provisions of Part 228. Part 228 also 
includes provisions for handling, storage and disposal of VOC's. 
Facilities also have compliance options including the option of using 
add-on control equipment provided it achieves 90 percent control.
    EPA has evaluated New York's submittal for consistency with the 
CAA, EPA regulations, and EPA policy and guideline documents. EPA has 
determined that Part 228 is as effective in regulating the source 
categories as the following CTG's:
    (1) Wood Furniture Manufacturing Operations [EPA 453/R-96-007 
(April 1996); 61 FR 25223 (May 20, 1996)];
    (2) Flat Wood Paneling Coatings [EPA 453/R-06-004 (September 2006); 
71 FR 58745 (Oct. 5, 2006)];
    (3) Metal Furniture Coatings [EPA 453/R-07-005 (September 2007); 72 
FR 57215 (Oct. 9, 2007)];
    (4) Large Appliance Coatings [EPA 453/R-07-004 (September 2007); 72 
FR 57215 (Oct. 9, 2007)];
    (5) Paper, Film and Foil Coatings [EPA 453/R-07-003 (September 
2007); 72 FR 57215 (Oct. 9, 2007)];
    (6) Automobile and Light-Duty Truck Assembly Coatings [EPA-453/R-
08-006 (September 2008); 73 FR 58481 (Oct. 7, 2008)]; and
    (7) Miscellaneous Metal and Plastic Parts Coatings [EPA-453/R-08-
003 (September, 2008); 73 FR 58481 (Oct. 7, 2008)].
    EPA has determined that the VOC content limits associated with the 
various surface coating processes included in the revised Part 228 are 
consistent with the VOC content limits recommended in the applicable 
surface coating CTG's, as are all of the other recommended control 
options (i.e., add-on controls efficiency, work practices for coating-
related activities and work practices for cleaning materials) and 
applicability thresholds. Therefore, EPA proposes to approve it as part 
of the SIP and as meeting the requirement to adopt a RACT rule for the 
CTG categories listed above.
    With regards to New York's negative declaration for Fiberglass Boat 
Manufacturing Materials and Industrial Cleaning Solvents, EPA agrees 
with New York's evaluation that no facilities exist in the State to 
which the Fiberglass Boat Manufacturing Materials CTG apply. However, 
EPA is still reviewing the negative declaration as it applies to the 
Industrial Cleaning Solvents CTG and will discuss our evaluation in the 
future.
    As previously noted, EPA recently approved a SIP revision for prior 
amendments to Part 228 on March 8, 2012 (77 FR 13974).

IV. What is EPA's conclusion?

    EPA has evaluated New York's July 15, 2013 SIP revision submittal 
for consistency with the CAA, EPA regulations, and EPA policy and 
guideline documents. EPA proposes that 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,'' with an effective date of June 5, 2013, meet 
the SIP requirements of the CAA and fulfill the recommended controls 
identified in the applicable CTGs. EPA is proposing to approve these 
revisions and is also proposing to approve New York's July 15, 2013 
negative declaration, which certifies that based on a review of 
operating permits and emissions inventory, no facilities exist in the 
State to which the Fiberglass Boat Manufacturing Materials CTG apply. 
Therefore, New York will not have to incorporate provisions consistent 
with that CTG into Part 228 or any other regulation.

 V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission

[[Page 69628]]

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 CAA. Accordingly, this proposed 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 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) 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 proposed action 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: November 8, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013-27679 Filed 11-19-13; 8:45 am]
BILLING CODE 6560-50-P