Approval of Air Quality Implementation Plans; New York; Revision to 6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings, 49570-49573 [2022-16975]
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49570
Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Proposed Rules
G. Protest Activities
List of Subjects in 33 CFR Part 165
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2022–0626 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 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: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
Dated: July 27, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the
Port Sector Columbia River.
[FR Doc. 2022–16562 Filed 8–10–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2021–0483; FRL–9158–01–
R2]
Approval of Air Quality Implementation
Plans; New York; Revision to 6 NYCRR
Part 205, Architectural and Industrial
Maintenance Coatings
■
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
§ 165.T13–0626 Safety Zone; Willamette
River, Portland, OR.
SUMMARY:
2. Add § 165.T13–0626 to read as
follows:
(a) Location. The following area is a
safety zone: All navigable waters of the
Willamette River, from surface to
bottom, in a 1,000 ft. radius from the
fireworks barge off shore of Oaks Park,
Portland, OR.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Columbia River (COTP) in the
enforcement of the regulations in this
section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling (503) 209–2468
or the Sector Columbia River Command
Center on Channel 16 VHF–FM. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the designated
representative.
(d) Enforcement period. This section
will be enforced from 6:30 to 8 p.m. on
October 31, 2022. It will be subject to
enforcement this entire period unless
the COTP determines it is no longer
needed, in which case the Coast Guard
will inform mariners via Notice to
Mariners.
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AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the New York State
Implementation Plan (SIP) for the
purposes of implementing control of air
pollution for volatile organic
compounds (VOC). The proposed SIP
revision consists of amendments to
regulations outlined within New York’s
Codes, Rules, and Regulations that
implement control measures for
architectural and industrial
maintenance coatings. The intended
effect of this action is to approve control
strategies which will result in VOC
emission reductions that will help attain
and maintain the national ambient air
quality standards for ozone. These
actions are being taken in accordance
with the requirements of the Clean Air
Act.
DATES: Written comments must be
received on or before September 12,
2022.
Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–0483, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
ADDRESSES:
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Proposed Rules
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Linda Longo, at (212) 637–3356, or by
email at longo.linda@epa.gov, or by mail
at Environmental Protection Agency,
Region 2, 290 Broadway, New York,
New York 10007–1866.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. What was included in New York’s
submissions for part 205?
III. What is the EPA’s evaluation of part 205?
IV. What is the EPA’s evaluation of part 200?
V. The EPA’s Proposed Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
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I. Background
Ozone Requirements
In March 2008, the EPA revised the
health-based National Ambient Air
Quality Standard (NAAQS) for ozone to
0.075 parts per million (ppm) averaged
over an 8-hour time frame (2008 8-hour
Ozone Standard). See 73 FR 16435
(March 27, 2008). In October 2015, the
EPA revised this standard to 0.070 ppm
averaged over an 8-hour time frame
(2015 8-hour Ozone Standard). See 80
FR 65291 (October 26, 2015).
On May 21, 2012, the EPA finalized
its attainment/nonattainment
designations for areas across the country
with respect to the 2008 8-hour Ozone
Standard, which became effective on
July 20, 2012. See 77 FR 30160 (May 21,
2012). The New York-Northern New
Jersey-Long Island-Connecticut
metropolitan area (NYMA) was
designated by the EPA as a ‘‘marginal’’
nonattainment area for the 2008 ozone
NAAQS.1 In 2016, the EPA determined
that the NYMA did not attain the 2008
ozone standard by the July 20, 2015
attainment date and was reclassified
from a ‘‘marginal’’ to a ‘‘moderate’’
nonattainment area. See 81 FR 26697
(May 4, 2016). SIPs for ‘‘moderate’’
nonattainment areas were due by
January 1, 2017. See id. On April 30,
2018, the EPA finalized its attainment/
nonattainment designations for most
1 The New York portion of the NYMA is
composed of the five boroughs of New York City
and the surrounding counties of Nassau, Suffolk,
Westchester, Rockland, and the Shinnecock Indian
Nation. See 40 CFR 81.333.
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areas across the country as to the 2015
8-hour Ozone Standard, in which the
NYMA was designated by the EPA as a
‘‘moderate’’ nonattainment area. See 83
FR 25776 (June 4, 2018). On September
23, 2019, the EPA reclassified the
NYMA to ‘‘serious’’ nonattainment as to
the 2008 8-hour Ozone Standard. See 84
FR 44238 (August 23, 2019). The serious
area attainment date and the deadline
for Reasonably Available Control
Technology measures not tied to
attainment was July 20, 2021. See id.
II. What was included in New York’s
submission for part 205?
On October 15, 2020, New York
submitted a proposed SIP revision to
title 6 of the New York Codes, Rules,
and Regulations (6 NYCRR), part 205,
‘‘Architectural and Industrial
Maintenance Coatings.’’ New York also
submitted attendant revisions to Part
200, Section 200.9, ‘‘General Provisions,
Reference materials.’’ The State’s
submission is complete. The proposed
rulemaking applies statewide to any
person who supplies, sells, offers for
sale, or manufacturers any architectural
coating for use within the State of New
York, and any person who applies or
solicits the application of any
architectural coating within the State of
New York.
III. What is the EPA’s evaluation of part
205?
The most recent federally approved
revision of 6 NYCRR part 205,
‘‘Architectural and Industrial
Maintenance coatings’’ regulations was
published in the Federal Register on
March 8, 2012, as an attendant revision
to avoid redundancy and conflict of the
asphalt paving and coating provisions
included in the new part 241, ‘‘Asphalt
Pavement and Asphalt Based Surface
Coating.’’ See 70 FR 13974 (March 8,
2012). The current proposed rulemaking
submitted by the State on October 15,
2020, is intended to be consistent with
the Ozone Transport Region (OTR)
Model Rule for Architectural and
Industrial Maintenance (AIM) coatings
(OTR Model Rule for AIM) 2 by reducing
the VOC limit for 12 coating categories,
creating VOC limits for 12 additional
coating categories, eliminating 15
coating categories without relaxation of
the regulation, and narrowing the
exemption previously provided to
coatings sold in one-liter (or quart-size)
containers, referred to the as the ‘‘quart
exemption.’’ See ‘‘Revisions to the quart
2 The EPA provides the OTC Model Rule for AIM
in the docket.
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49571
exemption for bundling of quart-sized
containers,’’ below, for further details.
OTC Model Rule and Neighboring States
The OTC Model Rule for AIM was
developed by the Ozone Transport
Commission through stakeholder
involvement to address the needs of
ozone transport states. The OTR Model
Rule for AIM was amended in 2011 to
address VOC content limits based on the
California Air Resource Board’s (CARB)
Suggested Control Measures (SCM) for
architectural coatings. The EPA
reviewed New York State’s October 15,
2020, SIP submission and confirms its
consistency with the OTR Model Rule
for AIM. Furthermore, neighboring
states Connecticut (CT), New Jersey (NJ),
and Pennsylvania (PA), also followed
the OTC Model Rule for AIM and have
equivalent provisions, VOC limits, and
measures. For example, the NJ, PA, and
CT floor coating category content limit
is 250 grams of VOC/liter, compared to
the New York State Department of
Environmental Law and Conservation’s
(NYSDEC) floor coatings category of 100
grams of VOC/liter; NJ’s exemptions
apply to contact adhesives in containers
with a net volume of one gallon or less,
compared to New York’s retention of the
one-liter-or-less exemption except for
floor coatings, along with PA and CT.
Reduced VOC Limits
The proposed revision includes
reduced VOC limits on the following
coating categories: (1) Flat coatings,
whose limit was reduced from 100 to 50
grams of VOC/liter; (2) non-flat coatings,
whose limit was reduced from 150 to
100 grams of VOC/liter; (3) non-flat high
gloss coatings, whose limit was reduced
from 250 to 150 grams of VOC/liter; (4)
bituminous roof coatings, whose limit
was reduced from 300 to 270 grams of
VOC/liter; (5) dry fog coatings, whose
limit was reduced from 400 to 150
grams of VOC/liter; (6) floor coatings,
whose limit was reduced from 250 to
100 grams of VOC/liter; (7) industrial
maintenance coatings, whose limit was
reduced from 340 to 250 grams of VOC/
liter; (8) mastic texture coatings, whose
limit was reduced from 300 to 100
grams of VOC/liter; (9) primers, sealers,
and undercoaters, whose limit was
reduced from 200 to 100 grams of VOC/
liter; (10) rust preventative coatings,
whose limit was reduced from 400 to
250 grams of VOC/liter; (11) specialty
primers, sealers, and undercoaters,
whose limit was reduced from 350 to
100 grams of VOC/liter; and (12) traffic
marking coatings, whose limit was
reduced from 150 to 100 grams of VOC/
liter.
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Creation of New Coating Categories
The proposed revision includes the
following new coating categories: (1)
aluminum roof coating, with a limit of
450 grams of VOC/liter; (2) basement
specialty coating, with a limit of 400
grams of VOC/liter; (3) concrete/
masonry sealer, with a limit of 100
grams of VOC/liter; (4) conjugated oil
varnish, with a limit of 450 grams of
VOC/liter; (5) driveway sealers, with a
limit of 50 grams of VOC/liter; (6)
reactive penetrating sealer, with a limit
of 350 grams of VOC/liter; (7) reactive
penetrating carbonate stone sealer, with
a limit of 500 grams of VOC/liter; (8)
stone consolidate, with a limit of 450
grams of VOC/liter; (9) tub and tile
refinish, with a limit of 420 grams of
VOC/liter; (10) waterproofing
membranes, with a limit of 250 grams of
VOC/liter; (11) wood coatings, with a
limit of 275 grams of VOC/liter; and (12)
Zinc-Rich Primer, with a limit of 340
grams of VOC/liter.
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Elimination of Coating Categories
The proposed revision eliminates 15
coating categories without relaxation of
the regulation because the VOC limit
associated with the eliminated category
is being absorbed by either a new or
existing coating category: (1) antenna
coatings (absorbed by industrial
maintenance); (2) antifouling coatings
(absorbed by industrial maintenance);
(3) clear wood coatings/clear brushing
lacquers (absorbed by wood coatings);
(4) clear wood coatings/lacquers,
including lacquer sanding sealers
(absorbed by wood coatings); (5) clear
wood coatings/sanding sealers, other
than lacquer sanding sealers (absorbed
by wood coatings); (6) clear wood
coatings/varnishes (absorbed by wood
coatings); (7) fire-retardant coatings/
clear (absorbed by industrial
maintenance); (8) fire-retardant
coatings/opaque (absorbed by industrial
maintenance); (9) flow coatings
(absorbed by industrial maintenance);
(10) quick-dry enamels (absorbed by
flat, non-flat, and non-flat high gloss);
(11) quick-dry primers, sealers, and
undercoaters (absorbed by specialty
primers, sealers, and undercoaters); (12)
swimming pool repair and maintenance
coatings (absorbed by swimming pool
coatings); (13) temperature-indicator
safety coatings (absorbed by industrial
maintenance and concrete masonry
sealer); (14) waterproofing sealers
(absorbed by waterproofing membrane
and basement specialty); and (15)
waterproofing concrete/masonry sealers
(absorbed by concrete masonry sealer
and waterproofing membrane).
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Revisions to the Quart Exemption for
Bundling of Quart-Sized Containers
In the revised proposed part
205.1(b)(3), singular quart-sized
containers continue to be exempt, but
applicability of the regulation is
expanded to include quart-sized
containers that are packaged together in
a bundle. Under part 205.1(b)(3)(i), the
bundling of coating kits is addressed.
The purpose of a coating kit is to be sold
and marketed as a unit, which implies
that multiple containers with a volume
of one liter or less will be combined into
one container; as such, the bundling of
quart-sized containers for the purpose of
a coating kit is not exempt and will
need to comply with part 205.
Accordingly, the proposed regulation
addresses the concern that
manufacturers and suppliers may
circumvent the VOC limits in part 205
by selling the coatings in bundles of
quart-sized containers inside a larger
pail. The requirements for bundling
quart-sized containers are expanded
under part 205.1(b)(3)(i–iii), as follows:
(1) under subpart (i), coating kits that
typically are composed of multiple
small containers, but are marketed as a
single coating kit, must comply with
part 205; (2) under subpart (ii), the use
of a container that is not intended to
hold a coating product is not allowed;
and (3) under subpart (iii), floor coatings
can be sold in any sized container and
must comply with part 205.3 Part 205
contains a few examples where
bundling is permitted, as follows: (1)
shipping pallets containing multiple
quart-sized containers that are not sold
as one unit; (2) multiple quart-sized
containers that are shipped together and
then placed on the retail shelf to be sold
separately; (3) instances in which the
quart-sized containers are bundled into
a unified package that is marketed as a
coating kit and sold and used as a
coating kit. Part 205 contains at least
one example where bundling is not
allowed, as follows: packaging coating
(e.g., paint) in small disposable juicelike containers and placing them inside
a larger pail to be sold as one unit. This
scenario is specifically addressed by
part 205.1(b)(3)(ii), ‘‘packaging from
which the coating cannot be applied,’’
because juice-like containers are not
designed to hold coatings, since it is
difficult, if not impossible, to dip a
paint brush into the container. Thus,
excluding products contained in
‘‘packaging from which the coating
3 Floor coatings are commonly sold in quart-sized
(one liter or less) containers. Any sized floor coating
container must adhere to the VOC content limits
under part 205.3(a), including all other part 205
requirements.
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cannot be applied’’ is intended to
address potential circumvention of the
regulation, which was raised as a
concern in the public comments.
EPA Review of State’s Public Comments
The State conducted public outreach
and worked with AIM stakeholders for
over two years prior to the part 205
proposed rulemaking amendment. The
leading public concerns covered the
sell-through provisions and clarification
on bundling of quart-sized containers.
The sell-through provisions are in place
for part 205 to help minimize the
potential impact on small businesses
and allow manufacturers to sell
products compliant with the current
standard through May 1, 2023. Sellthrough of AIM coatings refers to a
coating that was manufactured prior to
the effective date specified for that
coating category and may be sold,
supplied, or offered for sale until May
1, 2023, so long as the coating complies
with standards in effect at the time the
coating was manufactured. The State
extended the sell-through date of AIM
coatings to May 1, 2023, as
recommended by commenters, to allow
for the sell-through of AIM products for
two years and four months from the
compliance date for the revised VOC
content limits under part 205.3(a). The
AIM sell-through provision will also
help minimize the environmental and
economic impact of disposing
potentially usable products on the
shelves sooner than they may need to be
disposed of if not sold. Regarding the
concern around bundling of quart-sized
containers, see above section titled,
‘‘Revisions to the quart exemption for
bundling of quart-sized containers’’ for
a complete explanation. The EPA
reviewed the public comments and is
satisfied with the State’s responses
thereto.
IV. What is EPA’s evaluation of subpart
200?
The current proposed rulemaking
includes attendant revisions to 6
NYCRR part 200, Subpart 200.9,
‘‘General Provisions,’’ Table 1,
‘‘Referenced material,’’ which include
the American Society for Testing
Materials procedures, the South Coast
Air Quality Management District
methods, the Bay Area Air Quality
Management District method, and other
updated references to part 205. The EPA
is satisfied that the revisions to section
200.9 are appropriate.
V. The EPA’s Proposed Action
The EPA has evaluated New York’s
proposed submittal for consistency with
the Clean Air Act, the EPA regulations,
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Proposed Rules
and policy. The EPA is proposing to
approve revisions to the New York State
Implementation Plan (SIP) to include
amendment to 6 NYCRR part 205,
‘‘Architectural and Industrial
Maintenance Coatings,’’ and attendant
revisions to 6 NYCRR part 200, ‘‘General
Provisions,’’ with a state effective date
of January 11, 2020.4 Specifically, this
rulemaking proposes to reduce the VOC
limit for 12 coating categories, create
VOC limits for 12 additional coating
categories, eliminate 15 coating
categories, and eliminate the quart
exemption and bundling of small
containers.
The proposed revisions will help the
State to comply with federal
requirements pertaining to attainment
and maintenance of the ozone NAAQS.
The EPA is soliciting public comments
on the issues discussed in this
document. These comments will be
considered before taking final action.
VI. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text that
includes incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference revisions to 6
NYCRR part 205, ‘‘Architectural and
Industrial Maintenance coatings’’ and 6
NYCRR part 200, subpart 200.9
‘‘General Provisions,’’ Table 1,
‘‘Referenced Materials,’’ as described in
paragraphs III through IV of this
preamble. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 2 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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VII. Statutory and Executive Order
Reviews
Under the Clean Air Act (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, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the CAA.
Accordingly, this action merely
4 Although the NYSDEC exercised its discretion
not to enforce the proposed revision of the rule
until July 1, 2022, due to the Governor’s emergency
declaration as a result of the COVID–19 pandemic,
New York has confirmed that the enforcement
discretion period concluded, and the rule is being
enforced as of July 1, 2022. See the NYSDEC
enforcement discretion bulletins, dated December
30, 2020, and December 23, 2021, as well as email
correspondence from the NYSDEC’s Robert D.
Bielawa, dated July 8, 2022, in the docket.
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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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
this action does not involve technical
standards; and
• Does not provide the 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
rulemaking, addressing New York’s 6
NYCRR part 205, ‘‘Architectural and
Industrial Maintenance coatings,’’ is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the proposed rule does not
have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
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49573
reference, Ozone, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022–16975 Filed 8–10–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 220728–0165]
RIN 0648–BL43
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States;
Amendment 22 to the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 22 to the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan.
Amendment 22 was developed by the
Mid-Atlantic Fishery Management
Council to revise summer flounder,
scup, and black sea bass commercial
and recreational sector allocations.
Amendment 22 is intended to ensure
that the best available science is used to
determine commercial and recreational
sector allocations.
DATES: Comments must be received by
September 12, 2022.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2022–0042, by the following
method:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2022–0042 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
SUMMARY:
E:\FR\FM\11AUP1.SGM
11AUP1
Agencies
[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Proposed Rules]
[Pages 49570-49573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16975]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2021-0483; FRL-9158-01-R2]
Approval of Air Quality Implementation Plans; New York; Revision
to 6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the New York State Implementation Plan (SIP) for
the purposes of implementing control of air pollution for volatile
organic compounds (VOC). The proposed SIP revision consists of
amendments to regulations outlined within New York's Codes, Rules, and
Regulations that implement control measures for architectural and
industrial maintenance coatings. The intended effect of this action is
to approve control strategies which will result in VOC emission
reductions that will help attain and maintain the national ambient air
quality standards for ozone. These actions are being taken in
accordance with the requirements of the Clean Air Act.
DATES: Written comments must be received on or before September 12,
2022.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-0483, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not
[[Page 49571]]
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Linda Longo, at (212) 637-3356, or by
email at [email protected], or by mail at Environmental Protection
Agency, Region 2, 290 Broadway, New York, New York 10007-1866.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. What was included in New York's submissions for part 205?
III. What is the EPA's evaluation of part 205?
IV. What is the EPA's evaluation of part 200?
V. The EPA's Proposed Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
Ozone Requirements
In March 2008, the EPA revised the health-based National Ambient
Air Quality Standard (NAAQS) for ozone to 0.075 parts per million (ppm)
averaged over an 8-hour time frame (2008 8-hour Ozone Standard). See 73
FR 16435 (March 27, 2008). In October 2015, the EPA revised this
standard to 0.070 ppm averaged over an 8-hour time frame (2015 8-hour
Ozone Standard). See 80 FR 65291 (October 26, 2015).
On May 21, 2012, the EPA finalized its attainment/nonattainment
designations for areas across the country with respect to the 2008 8-
hour Ozone Standard, which became effective on July 20, 2012. See 77 FR
30160 (May 21, 2012). The New York-Northern New Jersey-Long Island-
Connecticut metropolitan area (NYMA) was designated by the EPA as a
``marginal'' nonattainment area for the 2008 ozone NAAQS.\1\ In 2016,
the EPA determined that the NYMA did not attain the 2008 ozone standard
by the July 20, 2015 attainment date and was reclassified from a
``marginal'' to a ``moderate'' nonattainment area. See 81 FR 26697 (May
4, 2016). SIPs for ``moderate'' nonattainment areas were due by January
1, 2017. See id. On April 30, 2018, the EPA finalized its attainment/
nonattainment designations for most areas across the country as to the
2015 8-hour Ozone Standard, in which the NYMA was designated by the EPA
as a ``moderate'' nonattainment area. See 83 FR 25776 (June 4, 2018).
On September 23, 2019, the EPA reclassified the NYMA to ``serious''
nonattainment as to the 2008 8-hour Ozone Standard. See 84 FR 44238
(August 23, 2019). The serious area attainment date and the deadline
for Reasonably Available Control Technology measures not tied to
attainment was July 20, 2021. See id.
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\1\ The New York portion of the NYMA is composed of the five
boroughs of New York City and the surrounding counties of Nassau,
Suffolk, Westchester, Rockland, and the Shinnecock Indian Nation.
See 40 CFR 81.333.
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II. What was included in New York's submission for part 205?
On October 15, 2020, New York submitted a proposed SIP revision to
title 6 of the New York Codes, Rules, and Regulations (6 NYCRR), part
205, ``Architectural and Industrial Maintenance Coatings.'' New York
also submitted attendant revisions to Part 200, Section 200.9,
``General Provisions, Reference materials.'' The State's submission is
complete. The proposed rulemaking applies statewide to any person who
supplies, sells, offers for sale, or manufacturers any architectural
coating for use within the State of New York, and any person who
applies or solicits the application of any architectural coating within
the State of New York.
III. What is the EPA's evaluation of part 205?
The most recent federally approved revision of 6 NYCRR part 205,
``Architectural and Industrial Maintenance coatings'' regulations was
published in the Federal Register on March 8, 2012, as an attendant
revision to avoid redundancy and conflict of the asphalt paving and
coating provisions included in the new part 241, ``Asphalt Pavement and
Asphalt Based Surface Coating.'' See 70 FR 13974 (March 8, 2012). The
current proposed rulemaking submitted by the State on October 15, 2020,
is intended to be consistent with the Ozone Transport Region (OTR)
Model Rule for Architectural and Industrial Maintenance (AIM) coatings
(OTR Model Rule for AIM) \2\ by reducing the VOC limit for 12 coating
categories, creating VOC limits for 12 additional coating categories,
eliminating 15 coating categories without relaxation of the regulation,
and narrowing the exemption previously provided to coatings sold in
one-liter (or quart-size) containers, referred to the as the ``quart
exemption.'' See ``Revisions to the quart exemption for bundling of
quart-sized containers,'' below, for further details.
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\2\ The EPA provides the OTC Model Rule for AIM in the docket.
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OTC Model Rule and Neighboring States
The OTC Model Rule for AIM was developed by the Ozone Transport
Commission through stakeholder involvement to address the needs of
ozone transport states. The OTR Model Rule for AIM was amended in 2011
to address VOC content limits based on the California Air Resource
Board's (CARB) Suggested Control Measures (SCM) for architectural
coatings. The EPA reviewed New York State's October 15, 2020, SIP
submission and confirms its consistency with the OTR Model Rule for
AIM. Furthermore, neighboring states Connecticut (CT), New Jersey (NJ),
and Pennsylvania (PA), also followed the OTC Model Rule for AIM and
have equivalent provisions, VOC limits, and measures. For example, the
NJ, PA, and CT floor coating category content limit is 250 grams of
VOC/liter, compared to the New York State Department of Environmental
Law and Conservation's (NYSDEC) floor coatings category of 100 grams of
VOC/liter; NJ's exemptions apply to contact adhesives in containers
with a net volume of one gallon or less, compared to New York's
retention of the one-liter-or-less exemption except for floor coatings,
along with PA and CT.
Reduced VOC Limits
The proposed revision includes reduced VOC limits on the following
coating categories: (1) Flat coatings, whose limit was reduced from 100
to 50 grams of VOC/liter; (2) non-flat coatings, whose limit was
reduced from 150 to 100 grams of VOC/liter; (3) non-flat high gloss
coatings, whose limit was reduced from 250 to 150 grams of VOC/liter;
(4) bituminous roof coatings, whose limit was reduced from 300 to 270
grams of VOC/liter; (5) dry fog coatings, whose limit was reduced from
400 to 150 grams of VOC/liter; (6) floor coatings, whose limit was
reduced from 250 to 100 grams of VOC/liter; (7) industrial maintenance
coatings, whose limit was reduced from 340 to 250 grams of VOC/liter;
(8) mastic texture coatings, whose limit was reduced from 300 to 100
grams of VOC/liter; (9) primers, sealers, and undercoaters, whose limit
was reduced from 200 to 100 grams of VOC/liter; (10) rust preventative
coatings, whose limit was reduced from 400 to 250 grams of VOC/liter;
(11) specialty primers, sealers, and undercoaters, whose limit was
reduced from 350 to 100 grams of VOC/liter; and (12) traffic marking
coatings, whose limit was reduced from 150 to 100 grams of VOC/liter.
[[Page 49572]]
Creation of New Coating Categories
The proposed revision includes the following new coating
categories: (1) aluminum roof coating, with a limit of 450 grams of
VOC/liter; (2) basement specialty coating, with a limit of 400 grams of
VOC/liter; (3) concrete/masonry sealer, with a limit of 100 grams of
VOC/liter; (4) conjugated oil varnish, with a limit of 450 grams of
VOC/liter; (5) driveway sealers, with a limit of 50 grams of VOC/liter;
(6) reactive penetrating sealer, with a limit of 350 grams of VOC/
liter; (7) reactive penetrating carbonate stone sealer, with a limit of
500 grams of VOC/liter; (8) stone consolidate, with a limit of 450
grams of VOC/liter; (9) tub and tile refinish, with a limit of 420
grams of VOC/liter; (10) waterproofing membranes, with a limit of 250
grams of VOC/liter; (11) wood coatings, with a limit of 275 grams of
VOC/liter; and (12) Zinc-Rich Primer, with a limit of 340 grams of VOC/
liter.
Elimination of Coating Categories
The proposed revision eliminates 15 coating categories without
relaxation of the regulation because the VOC limit associated with the
eliminated category is being absorbed by either a new or existing
coating category: (1) antenna coatings (absorbed by industrial
maintenance); (2) antifouling coatings (absorbed by industrial
maintenance); (3) clear wood coatings/clear brushing lacquers (absorbed
by wood coatings); (4) clear wood coatings/lacquers, including lacquer
sanding sealers (absorbed by wood coatings); (5) clear wood coatings/
sanding sealers, other than lacquer sanding sealers (absorbed by wood
coatings); (6) clear wood coatings/varnishes (absorbed by wood
coatings); (7) fire-retardant coatings/clear (absorbed by industrial
maintenance); (8) fire-retardant coatings/opaque (absorbed by
industrial maintenance); (9) flow coatings (absorbed by industrial
maintenance); (10) quick-dry enamels (absorbed by flat, non-flat, and
non-flat high gloss); (11) quick-dry primers, sealers, and undercoaters
(absorbed by specialty primers, sealers, and undercoaters); (12)
swimming pool repair and maintenance coatings (absorbed by swimming
pool coatings); (13) temperature-indicator safety coatings (absorbed by
industrial maintenance and concrete masonry sealer); (14) waterproofing
sealers (absorbed by waterproofing membrane and basement specialty);
and (15) waterproofing concrete/masonry sealers (absorbed by concrete
masonry sealer and waterproofing membrane).
Revisions to the Quart Exemption for Bundling of Quart-Sized Containers
In the revised proposed part 205.1(b)(3), singular quart-sized
containers continue to be exempt, but applicability of the regulation
is expanded to include quart-sized containers that are packaged
together in a bundle. Under part 205.1(b)(3)(i), the bundling of
coating kits is addressed. The purpose of a coating kit is to be sold
and marketed as a unit, which implies that multiple containers with a
volume of one liter or less will be combined into one container; as
such, the bundling of quart-sized containers for the purpose of a
coating kit is not exempt and will need to comply with part 205.
Accordingly, the proposed regulation addresses the concern that
manufacturers and suppliers may circumvent the VOC limits in part 205
by selling the coatings in bundles of quart-sized containers inside a
larger pail. The requirements for bundling quart-sized containers are
expanded under part 205.1(b)(3)(i-iii), as follows: (1) under subpart
(i), coating kits that typically are composed of multiple small
containers, but are marketed as a single coating kit, must comply with
part 205; (2) under subpart (ii), the use of a container that is not
intended to hold a coating product is not allowed; and (3) under
subpart (iii), floor coatings can be sold in any sized container and
must comply with part 205.\3\ Part 205 contains a few examples where
bundling is permitted, as follows: (1) shipping pallets containing
multiple quart-sized containers that are not sold as one unit; (2)
multiple quart-sized containers that are shipped together and then
placed on the retail shelf to be sold separately; (3) instances in
which the quart-sized containers are bundled into a unified package
that is marketed as a coating kit and sold and used as a coating kit.
Part 205 contains at least one example where bundling is not allowed,
as follows: packaging coating (e.g., paint) in small disposable juice-
like containers and placing them inside a larger pail to be sold as one
unit. This scenario is specifically addressed by part 205.1(b)(3)(ii),
``packaging from which the coating cannot be applied,'' because juice-
like containers are not designed to hold coatings, since it is
difficult, if not impossible, to dip a paint brush into the container.
Thus, excluding products contained in ``packaging from which the
coating cannot be applied'' is intended to address potential
circumvention of the regulation, which was raised as a concern in the
public comments.
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\3\ Floor coatings are commonly sold in quart-sized (one liter
or less) containers. Any sized floor coating container must adhere
to the VOC content limits under part 205.3(a), including all other
part 205 requirements.
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EPA Review of State's Public Comments
The State conducted public outreach and worked with AIM
stakeholders for over two years prior to the part 205 proposed
rulemaking amendment. The leading public concerns covered the sell-
through provisions and clarification on bundling of quart-sized
containers. The sell-through provisions are in place for part 205 to
help minimize the potential impact on small businesses and allow
manufacturers to sell products compliant with the current standard
through May 1, 2023. Sell-through of AIM coatings refers to a coating
that was manufactured prior to the effective date specified for that
coating category and may be sold, supplied, or offered for sale until
May 1, 2023, so long as the coating complies with standards in effect
at the time the coating was manufactured. The State extended the sell-
through date of AIM coatings to May 1, 2023, as recommended by
commenters, to allow for the sell-through of AIM products for two years
and four months from the compliance date for the revised VOC content
limits under part 205.3(a). The AIM sell-through provision will also
help minimize the environmental and economic impact of disposing
potentially usable products on the shelves sooner than they may need to
be disposed of if not sold. Regarding the concern around bundling of
quart-sized containers, see above section titled, ``Revisions to the
quart exemption for bundling of quart-sized containers'' for a complete
explanation. The EPA reviewed the public comments and is satisfied with
the State's responses thereto.
IV. What is EPA's evaluation of subpart 200?
The current proposed rulemaking includes attendant revisions to 6
NYCRR part 200, Subpart 200.9, ``General Provisions,'' Table 1,
``Referenced material,'' which include the American Society for Testing
Materials procedures, the South Coast Air Quality Management District
methods, the Bay Area Air Quality Management District method, and other
updated references to part 205. The EPA is satisfied that the revisions
to section 200.9 are appropriate.
V. The EPA's Proposed Action
The EPA has evaluated New York's proposed submittal for consistency
with the Clean Air Act, the EPA regulations,
[[Page 49573]]
and policy. The EPA is proposing to approve revisions to the New York
State Implementation Plan (SIP) to include amendment to 6 NYCRR part
205, ``Architectural and Industrial Maintenance Coatings,'' and
attendant revisions to 6 NYCRR part 200, ``General Provisions,'' with a
state effective date of January 11, 2020.\4\ Specifically, this
rulemaking proposes to reduce the VOC limit for 12 coating categories,
create VOC limits for 12 additional coating categories, eliminate 15
coating categories, and eliminate the quart exemption and bundling of
small containers.
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\4\ Although the NYSDEC exercised its discretion not to enforce
the proposed revision of the rule until July 1, 2022, due to the
Governor's emergency declaration as a result of the COVID-19
pandemic, New York has confirmed that the enforcement discretion
period concluded, and the rule is being enforced as of July 1, 2022.
See the NYSDEC enforcement discretion bulletins, dated December 30,
2020, and December 23, 2021, as well as email correspondence from
the NYSDEC's Robert D. Bielawa, dated July 8, 2022, in the docket.
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The proposed revisions will help the State to comply with federal
requirements pertaining to attainment and maintenance of the ozone
NAAQS. The EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.
VI. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference revisions to 6 NYCRR part 205, ``Architectural and Industrial
Maintenance coatings'' and 6 NYCRR part 200, subpart 200.9 ``General
Provisions,'' Table 1, ``Referenced Materials,'' as described in
paragraphs III through IV of this preamble. The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 2 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
VII. Statutory and Executive Order Reviews
Under the Clean Air Act (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, the 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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 this action does not involve technical standards; and
Does not provide the 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 rulemaking, addressing New York's 6
NYCRR part 205, ``Architectural and Industrial Maintenance coatings,''
is not approved to apply on any Indian reservation land or in any other
area where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian country, the proposed rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-16975 Filed 8-10-22; 8:45 am]
BILLING CODE 6560-50-P