Approval of Air Quality Implementation Plans; New York; Consumer Products, 56893-56895 [2022-19831]
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56893
Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Rules and Regulations
application of those requirements would
be inconsistent with the CAA; 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the 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).
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 November 15,
2022. 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
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: September 9, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270(e), the table titled
‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by adding the entry ‘‘Revised 2011 Base
Year Emissions Inventory’’ at the end of
the table to read as follows:
■
§ 52.2270
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI–REGULATORY MEASURES IN THE TEXAS SIP
*
*
Revised 2011 Base Year Emissions Inventory.
*
*
*
*
*
Collin, Dallas, Denton, Ellis,
Johnson, Kaufman, Parker,
Rockwall, Tarrant, and Wise
Counties, TX.
*
[FR Doc. 2022–19957 Filed 9–15–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2021–0553; FRL–9736–02–
R2]
Approval of Air Quality Implementation
Plans; New York; Consumer Products
Environmental Protection
Agency (EPA).
ACTION: Final rule.
khammond on DSKJM1Z7X2PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the New York State Implementation
Plan (SIP) for the purposes of
implementing control of air pollution
SUMMARY:
VerDate Sep<11>2014
17:45 Sep 15, 2022
State
submittal/
effective date
Applicable geographic or
non-attainment area
Name of SIP provision
Jkt 256001
*
3/4/2020
EPA approval date
*
*
9/16/2022, [Insert Federal Register citation].
for volatile organic compounds (VOC).
The SIP revision consists of
amendments to New York’s Codes,
Rules and Regulations (NYCRR) that
implement control measures for
Consumer Products. 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 (NAAQS) for ozone.
These actions are being taken in
accordance with the requirements of the
Clean Air Act.
DATES: This final rule is effective on
October 17, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2021–0553. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
Comments
*
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Longo, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3565, or by email at
longo.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
E:\FR\FM\16SER1.SGM
16SER1
56894
Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Rules and Regulations
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
khammond on DSKJM1Z7X2PROD with RULES
I. What is the background for this
action?
On June 3, 2022 (87 FR 33699), the
EPA published a Notice of Proposed
Rulemaking that proposed to approve a
State Implementation Plan (SIP)
revision submitted by the State of New
York on March 2, 2021, for purposes of
revising Title 6 NYCRR part 235,
‘‘Consumer Products.’’ The SIP revision
applies to a group of household and
commonly used products, referred to as
‘‘consumer products,’’ with the goal of
limiting and reducing Volatile Organic
Compounds (VOC) emissions statewide.
The EPA’s June 3, 2022, evaluation
recognizes that the SIP revision is
consistent with the Ozone Transport
Commission Model Rule for consumer
products and will help the State attain
the NAAQS by improving air quality
through reduced VOC emissions and
promoting regional consumer product
consistency. The revisions to 6 NYCRR
part 235 are expected to reduce VOC
released to the air by 5.3 tons per day
statewide. Since the use of consumer
products is highest in population
centers, the VOC reductions in the New
York City metro area alone, where the
2008 ozone standard is exceeded, is
expected to be 3.4 tons per day. To
achieve these emission reductions, new
product categories were added with new
VOC limits and existing product
categories were revised to reduce their
VOC limits. In addition, revisions were
made in the definitions section at 6
NYCRR section 235–2.1 to provide
transitional language and to cite which
emission standards apply before or after
the January 1, 2022, compliance date.
The specific details of New York’s SIP
revision submittal and the rationale for
the EPA’s approval action are explained
in the EPA’s proposed rulemaking and
are not restated in this final action. For
this detailed information, the reader is
referred to the EPA’s June 3, 2022,
proposed rulemaking (87 FR 33699).
II. What comments were received in
response to the EPA’s proposed action?
In response to the EPA’s June 3, 2022,
proposed rulemaking on New York’s SIP
revision submittal, the EPA received
one comment during the 30-day public
comment period. After reviewing the
comment, the EPA has determined that
the comment is outside the scope of our
proposed action or fails to identify any
material issue necessitating a response.
The comment does not raise issues
germane to the EPA’s proposed action.
For this reason, the EPA will not
provide a specific response to the
VerDate Sep<11>2014
16:02 Sep 15, 2022
Jkt 256001
comment. The specific comment may be
viewed under Docket ID Number EPA–
R02–OAR–2021–0553 on the https://
www.regulations.gov website.
III. What action is the EPA taking?
The EPA is approving New York’s
revisions to the New York SIP and
amendment to 6 NYCRR part 235,
‘‘Consumer Products’’ with a State
effective date of February 11, 2021.
Specifically, this rulemaking will add
nine new product categories and two
new subcategories with new VOC
emission limits and reduced VOC
emission limits in ten existing product
categories. The revisions will help the
State to comply with federal
requirements pertaining to attainment
and maintenance of the ozone NAAQS.
The attendant revisions to 6 NYCRR
section 200, ‘‘General Provisions,’’
section 200.9, Table 1, ‘‘Referenced
material’’, for 6 NYCRR part 235 has
been addressed under a separate
rulemaking at 87 FR 52337, effective
September 26, 2022.
IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the 6
NYCRR part 235, ‘‘Consumer Products,’’
regulations described in the
amendments to 40 CFR part 52 as
discussed in sections I. and III. 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).
Therefore, these materials have been
approved by the EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.1
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the 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
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00030
Fmt 4700
Sfmt 4700
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive 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
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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the 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).
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and the Comptroller
General of the United States. This action
E:\FR\FM\16SER1.SGM
16SER1
Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Rules and Regulations
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
enforce its requirements. (See section
307(b)(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 November 15,
2022. 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
List of Subjects in 40 CFR Part 52
56895
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1670, paragraph (c) is
amended in the table by revising the
entry for ‘‘Title 6, Part 235’’ to read as
follows:
■
Lisa Garcia,
Regional Administrator, Region 2.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
§ 52.1670
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State citation
*
*
*
Title 6, Part 235 ...............
*
*
*
*
*
BILLING CODE 6560–50–P
40 CFR Part 180
[EPA–HQ–OPP–2018–0522; FRL–10130–01–
OCSPP]
Eugenol; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
khammond on DSKJM1Z7X2PROD with RULES
9/16/2022
This regulation establishes an
exemption from the requirement of a
tolerance for residues of eugenol (2methoxy-4-(-2-propenyl)phenol) in or
on all food commodities when used in
accordance with good agricultural
practices. SciReg, Inc., on behalf of Eden
Research PLC, submitted a petition to
EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of eugenol
Jkt 256001
This regulation is effective
September 16, 2022. Objections and
requests for hearings must be received
on or before November 15, 2022 and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0522, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services,
docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Biopesticides and
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
*
• EPA approval finalized at [insert Federal Register
citation].
*
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
16:02 Sep 15, 2022
2/11/2021
*
when used in accordance with this
exemption.
*
SUMMARY:
Comments
*
*
[FR Doc. 2022–19831 Filed 9–15–22; 8:45 am]
VerDate Sep<11>2014
EPA
approval
date
*
Consumer Products .........
*
*
State
effective
date
Title/subject
*
*
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
E:\FR\FM\16SER1.SGM
16SER1
]]>Agencies
[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Rules and Regulations]
[Pages 56893-56895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19831]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2021-0553; FRL-9736-02-R2]
Approval of Air Quality Implementation Plans; New York; Consumer
Products
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 the
purposes of implementing control of air pollution for volatile organic
compounds (VOC). The SIP revision consists of amendments to New York's
Codes, Rules and Regulations (NYCRR) that implement control measures
for Consumer Products. 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 (NAAQS) for ozone. These actions are being taken in
accordance with the requirements of the Clean Air Act.
DATES: This final rule is effective on October 17, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2021-0553. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Linda Longo, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, New York, New York
10007-1866, at (212) 637-3565, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
[[Page 56894]]
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On June 3, 2022 (87 FR 33699), the EPA published a Notice of
Proposed Rulemaking that proposed to approve a State Implementation
Plan (SIP) revision submitted by the State of New York on March 2,
2021, for purposes of revising Title 6 NYCRR part 235, ``Consumer
Products.'' The SIP revision applies to a group of household and
commonly used products, referred to as ``consumer products,'' with the
goal of limiting and reducing Volatile Organic Compounds (VOC)
emissions statewide.
The EPA's June 3, 2022, evaluation recognizes that the SIP revision
is consistent with the Ozone Transport Commission Model Rule for
consumer products and will help the State attain the NAAQS by improving
air quality through reduced VOC emissions and promoting regional
consumer product consistency. The revisions to 6 NYCRR part 235 are
expected to reduce VOC released to the air by 5.3 tons per day
statewide. Since the use of consumer products is highest in population
centers, the VOC reductions in the New York City metro area alone,
where the 2008 ozone standard is exceeded, is expected to be 3.4 tons
per day. To achieve these emission reductions, new product categories
were added with new VOC limits and existing product categories were
revised to reduce their VOC limits. In addition, revisions were made in
the definitions section at 6 NYCRR section 235-2.1 to provide
transitional language and to cite which emission standards apply before
or after the January 1, 2022, compliance date.
The specific details of New York's SIP revision submittal and the
rationale for the EPA's approval action are explained in the EPA's
proposed rulemaking and are not restated in this final action. For this
detailed information, the reader is referred to the EPA's June 3, 2022,
proposed rulemaking (87 FR 33699).
II. What comments were received in response to the EPA's proposed
action?
In response to the EPA's June 3, 2022, proposed rulemaking on New
York's SIP revision submittal, the EPA received one comment during the
30-day public comment period. After reviewing the comment, the EPA has
determined that the comment is outside the scope of our proposed action
or fails to identify any material issue necessitating a response. The
comment does not raise issues germane to the EPA's proposed action. For
this reason, the EPA will not provide a specific response to the
comment. The specific comment may be viewed under Docket ID Number EPA-
R02-OAR-2021-0553 on the https://www.regulations.gov website.
III. What action is the EPA taking?
The EPA is approving New York's revisions to the New York SIP and
amendment to 6 NYCRR part 235, ``Consumer Products'' with a State
effective date of February 11, 2021. Specifically, this rulemaking will
add nine new product categories and two new subcategories with new VOC
emission limits and reduced VOC emission limits in ten existing product
categories. The revisions will help the State to comply with federal
requirements pertaining to attainment and maintenance of the ozone
NAAQS. The attendant revisions to 6 NYCRR section 200, ``General
Provisions,'' section 200.9, Table 1, ``Referenced material'', for 6
NYCRR part 235 has been addressed under a separate rulemaking at 87 FR
52337, effective September 26, 2022.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
6 NYCRR part 235, ``Consumer Products,'' regulations described in the
amendments to 40 CFR part 52 as discussed in sections I. and III. 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). Therefore, these materials have been approved by the EPA
for inclusion in the State Implementation Plan, have been incorporated
by reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and the
Comptroller General of the United States. This action
[[Page 56895]]
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 November 15, 2022. 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, Incorporation by
reference, Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION 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, paragraph (c) is amended in the table by revising
the entry for ``Title 6, Part 235'' to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval Comments
date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 6, Part 235................ Consumer Products.. 2/11/2021 9/16/2022 EPA approval
finalized at [insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-19831 Filed 9-15-22; 8:45 am]
BILLING CODE 6560-50-P
