Approval and Promulgation of Implementation Plans; New York State Ozone Implementation Plan Revision, 12082-12084 [2014-04324]
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12082
Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations
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 5, 2014.
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 CAA
section 307(b)(2).)
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ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving 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 Part 228, ‘‘Surface
Coating Processes, Commercial and
Industrial Adhesives, Sealants and
Primers.’’ 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.
SUMMARY:
For the reason stated in the preamble,
the Environmental Protection Agency
amends 40 CFR Part 52 as follows:
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AGENCY:
Dated: January 8, 2014.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
Authority: 42 U.S.C. 7401 et seq.
[FR Doc. 2014–04323 Filed 3–3–14; 8:45 am]
Approval and Promulgation of
Implementation Plans; New York State
Ozone Implementation Plan Revision
Authority: 42 U.S.C. 7401 et seq.
1. The authority citation for part 52
continues to read as follows:
*
*
*
*
(c) * * *
(92) On May 11, 2012, Colorado
submitted a revision to its State
Implementation Plan (SIP) that
addresses updates to Colorado’s
Regulation Number 10, Criteria for
Analysis of Conformity, of the Colorado
SIP. EPA is approving the May 11, 2012
revisions to Regulation No. 10 that
update sections I, II, III, IV, and V so as
to meet federal transportation
conformity consultation requirements.
EPA is also approving the removal of
former Part A, Determining Conformity
of General Federal Actions to State or
Federal Implementation Plans, from the
SIP.
(i) Incorporation by reference.
(A) Colorado’s Regulation Number 10,
Criteria for Analysis of Conformity,
except section VI, Statements of Basis,
Specific Statutory Authority, and
Purpose, as adopted by the Colorado Air
Quality Control Commission on
December 15, 2011 and state effective
on January 30, 2012.
*
*
*
*
*
[EPA–R02–OAR–2013–0734, FRL–9907–02–
Region–2]
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, and
Volatile Organic Compounds.
■
Identification of plan.
*
40 CFR Part 52
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. Amend § 52.320 by revising
paragraph (c)(92) to read as follows:
■
§ 52.320
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This rule will be effective on
April 3, 2014.
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–2013–
0734. 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:
DATES:
Subpart G—Colorado
I. What was included in New York’s
submittals?
On July 15, 2013, the New York State
Department of Environmental
Conservation (NYSDEC), submitted to
EPA revisions to the State
Implementation Plan (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 June 5,
2013. These revisions are applicable
statewide and will therefore provide
volatile organic compound (VOC)
emission reductions statewide and will
help in achieving attainment of the
ozone standards in the New York
portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT
nonattainment area and in meeting the
reasonably available control technology
(RACT) requirements. The revisions to
Part 228 are also intended to satisfy
certain control technique guideline
(CTG) documents issued by EPA
pursuant to section 182(b)(2)(A) of the
Clean Air Act (CAA).
New York also included a negative
declaration in its July 15, 2013
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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.
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 recordkeeping
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 VOCs. 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 CTGs:
(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 CTGs, as are all of the other
recommended control options (i.e., addon controls efficiency, work practices
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for coating-related activities and work
practices for cleaning materials) and
applicability thresholds. Therefore, EPA
is approving it as part of the SIP and as
meeting the requirement to adopt a
RACT rule for the CTG categories listed
above.
With regard 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, at this time, EPA is not
taking action on the negative declaration
as it applies to the Industrial Cleaning
Solvents CTG because further EPA
evaluation and discussions with the
State are necessary to adequately assess
the applicability of the Industrial
Cleaning Solvents CTG to potentially
affected facilities that may be operating
in New York State.
III. What comments did EPA receive in
response to its proposal?
On November 20, 2013 (78 FR 69625),
EPA proposed to approve New York’s
revised Part 228. For a detailed
discussion on the content and
requirements of the revisions to New
York’s regulation, the reader is referred
to EPA’s proposed rulemaking action.
In response to EPA’s November 20,
2013 proposed rulemaking action, EPA
received no comments.
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 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,’’ with
an effective date of June 5, 2013. The
revisions to Part 228 meet the SIP
requirements of the CAA and fulfill the
recommended controls identified in the
applicable CTGs. EPA is approving
these revisions and is also approving
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
the Fiberglass Boat Manufacturing
Materials CTG into Part 228 or any other
regulation.
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12083
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 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 (Public Law 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.
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12084
Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 5, 2014. 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
Dated: February 10, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF IMPLEMENTAION
PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Environmental protection, Air
pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Oxides of
nitrogen, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Subpart HH—New York
2. In § 52.1670, the table in paragraph
(c) is amended by revising the entry for
Title 6, Part 228 to read as follows:
■
§ 52.1670
*
Identification of plan.
*
*
(c) * * *
*
*
EPA—APPROVED NEW YORK STATE REGULATIONS AND LAWS
State effective date
New York State regulation
Comments
Latest EPA approval date
Title 6:
*
*
*
Part 228, Surface Coating Processes, Commercial and
Industrial Adhesives, Sealants and Primers.
*
*
*
6/5/13
*
*
3/4/14 [FR page citation].
*
DEPARTMENT OF HOMELAND
SECURITY
§ 52.1683
Coast Guard
Control strategy: Ozone.
*
*
*
*
*
(b) The State of New York has
certified to the satisfaction of the EPA
that no sources are located in the State
which are covered by the following
Control Techniques Guidelines:
(1) Fiberglass Boat Manufacturing
Materials.
(2) [Reserved]
*
*
*
*
*
[FR Doc. 2014–04324 Filed 3–3–14; 8:45 am]
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46 CFR Part 401
[USCG–2013–0534]
RIN 1625–AC07
Great Lakes Pilotage Rates—2014
Annual Review and Adjustment
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is adjusting
Great Lakes pilotage rates that were last
amended in February 2013. The
adjustments establish new base rates,
and are made in accordance with a full
ratemaking procedure. The Coast Guard
is exercising its discretion to establish
new base rates to more closely align
with recent Canadian rate increases. The
final rule also adjusts weighting factors
used to determine rates for vessels of
different size, adopts a new procedure
for temporary surcharges, applies a
temporary surcharge for one pilotage
association, and allows pilotage
SUMMARY:
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*
*
*
3. Section 52.1683 is amended, by
adding paragraph (b) to read as follows:
■
*
*
associations to recoup the cost of dues
paid to the American Pilots Association.
This rulemaking promotes the Coast
Guard’s maritime safety mission.
DATES: Effective August 1, 2014 except
for §§ 401.400 and 401.401 which are
effective April 3, 2014.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2013–0534 and are
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket online by going to
https://www.regulations.gov and
following the instructions on that Web
site.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Todd Haviland, Coast Guard;
telephone 202–372–2037, email
Todd.A.Haviland@uscg.mil. If you have
questions on viewing material to the
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]]>Agencies
[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Rules and Regulations]
[Pages 12082-12084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04324]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2013-0734, FRL-9907-02-Region-2]
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
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 Part 228, ``Surface Coating Processes,
Commercial and Industrial Adhesives, Sealants and Primers.'' 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: This rule will be effective on April 3, 2014.
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-
2013-0734. 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:
I. What was included in New York's submittals?
On July 15, 2013, the New York State Department of Environmental
Conservation (NYSDEC), submitted to EPA revisions to the State
Implementation Plan (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 June 5, 2013. These
revisions are applicable statewide and will therefore provide volatile
organic compound (VOC) emission reductions statewide and will help in
achieving attainment of the ozone standards in the New York portion of
the New York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment
area and in meeting the reasonably available control technology (RACT)
requirements. The revisions to Part 228 are also intended to satisfy
certain control technique guideline (CTG) documents issued by EPA
pursuant to section 182(b)(2)(A) of the Clean Air Act (CAA).
New York also included a negative declaration in its July 15, 2013
[[Page 12083]]
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.
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 recordkeeping 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 VOCs.
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 CTGs:
(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 CTGs, 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 is approving it as part of the
SIP and as meeting the requirement to adopt a RACT rule for the CTG
categories listed above.
With regard 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,
at this time, EPA is not taking action on the negative declaration as
it applies to the Industrial Cleaning Solvents CTG because further EPA
evaluation and discussions with the State are necessary to adequately
assess the applicability of the Industrial Cleaning Solvents CTG to
potentially affected facilities that may be operating in New York
State.
III. What comments did EPA receive in response to its proposal?
On November 20, 2013 (78 FR 69625), EPA proposed to approve New
York's revised Part 228. For a detailed discussion on the content and
requirements of the revisions to New York's regulation, the reader is
referred to EPA's proposed rulemaking action.
In response to EPA's November 20, 2013 proposed rulemaking action,
EPA received no comments.
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 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,'' with an effective date of June 5, 2013. The
revisions to Part 228 meet the SIP requirements of the CAA and fulfill
the recommended controls identified in the applicable CTGs. EPA is
approving these revisions and is also approving 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 the Fiberglass Boat Manufacturing Materials 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 that complies with the provisions of the CAA 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
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 (Public Law 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.
[[Page 12084]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 5, 2014. 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 10, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTAION PLANS
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 entry for Title 6, Part 228 to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA--Approved New York State Regulations and Laws
------------------------------------------------------------------------
State
New York State regulation effective Latest EPA Comments
date approval date
------------------------------------------------------------------------
Title 6:
* * * * * * *
Part 228, Surface Coating 6/5/13 3/4/14 [FR page
Processes, Commercial and citation].
Industrial Adhesives,
Sealants and Primers.
* * * * * * *
------------------------------------------------------------------------
0
3. Section 52.1683 is amended, by adding paragraph (b) to read as
follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(b) The State of New York has certified to the satisfaction of the
EPA that no sources are located in the State which are covered by the
following Control Techniques Guidelines:
(1) Fiberglass Boat Manufacturing Materials.
(2) [Reserved]
* * * * *
[FR Doc. 2014-04324 Filed 3-3-14; 8:45 am]
BILLING CODE 6560-50-P
