Approval of Air Quality Implementation Plans; New York; Revisions to Architectural and Industrial Maintenance Coatings, 59695-59697 [2022-21355]
Download as PDF
<![CDATA[
59695
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
‘‘2015 8-Hour Ozone National Ambient
Air Quality Standard Nonattainment
New Source Review Requirements’’ at
the end of the table to read as follows:
Name of non-regulatory SIP
revision
*
*
2015 8-Hour Ozone NAAQS
Nonattainment New Source
Review Requirements.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2021–0483; FRL–9158–02–
R2]
Approval of Air Quality Implementation
Plans; New York; Revisions to
Architectural and Industrial
Maintenance Coatings
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
*
*
State
submittal
date
Jkt 259001
EPA approval date
*
1/8/21; 8/23/21
*
*
10/3/22, Insert Federal Register citation].
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
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 final SIP revision consists of
amendments to regulations outlined
within New York’s Codes, Rules, and
Regulations (NYCRR) that implement
control measures for architectural and
industrial maintenance coatings. The
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: This final rule is effective on
November 2, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2021–0483. 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
SUMMARY:
lotter on DSK11XQN23PROD with RULES1
Identification of plan.
*
*
(e) * * *
(1) * * *
*
Pennsylvania’s portion of the
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
area (includes Bucks, Chester, Delaware, Montgomery,
and Philadelphia Counties).
BILLING CODE 6560–50–P
17:54 Sep 30, 2022
*
Applicable geographic area
[FR Doc. 2022–21252 Filed 9–30–22; 8:45 am]
VerDate Sep<11>2014
§ 52.2020
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?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
On August 11, 2022 (87 FR 49570),
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 October 15, 2020, for purposes
of revising title 6 of the NYCRR, part
205, ‘‘Architectural and Industrial
Maintenance Coatings.’’ The EPA’s
evaluation recognizes that the SIP
revision is consistent with the Ozone
Transport Commission Model Rule for
AIM coating categories and will help the
State attain the National Ambient Air
Quality Standards (NAAQS) by
improving air quality through reduced
VOC emissions and promoting regional
AIM coating consistency. 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 August 11, 2022,
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
Additional explanation
*
proposed rulemaking (87 FR 49570).
The attendant revisions to 6 NYCRR
part 200, ‘‘General Provisions,’’ section
200.9, Table 1, ‘‘Referenced material,’’
for 6 NYCRR part 205 have been
addressed under a separate rulemaking
at 87 FR 52337, effective September 26,
2022.
II. What comments were received in
response to the EPA’s proposed action?
The EPA provided a 30-day review
and comment period for the August 11,
2022, proposed rule. The comment
period ended on September 12, 2022.
We received no comments on the EPA’s
action.
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 205,
‘‘Architectural and Industrial
Maintenance Coatings,’’ with a State
effective date of January 11, 2022.
Specifically, this rulemaking will
reduce VOC emissions for 12 coating
categories, create VOC limits for 12
additional coating categories, eliminate
15 coating categories without relaxation
of the regulation, and narrow the
exemption previously provided to
coatings sold in one-liter (or quart-size)
containers, referred to the as the ‘‘quart
exemption.’’ The revisions will help the
State to comply with Federal
requirements pertaining to attainment
and maintenance of the ozone NAAQS.
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 205, ‘‘Architectural and
Industrial Maintenance Coatings,’’
regulations described in the
amendments to 40 CFR part 52 as
discussed in section III of this preamble.
E:\FR\FM\03OCR1.SGM
03OCR1
59696
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
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
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
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 December 2,
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. In § 52.1670, paragraph (c) is
amended in the table by revising the
entry for ‘‘Title 6, Part 205’’ to read as
follows:
■
§ 52.1670
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State citation
*
Title 6, Part 205 ...............
lotter on DSK11XQN23PROD with RULES1
*
1 62
State effective
date
Title/subject
*
Architectural and
nance Coatings.
*
*
Industrial
*
Mainte-
*
1/11/2022
*
EPA approval
date
*
10/3/2022
Comments
*
*
• EPA approval finalized at [insert
Federal Register citation].
*
*
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
17:54 Sep 30, 2022
Jkt 259001
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
E:\FR\FM\03OCR1.SGM
03OCR1
*
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0343; FRL–10200–
01–R6]
Air Plan Approval; Texas; Clean Air
Act Requirements for Nonattainment
New Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving portions of the State
Implementation Plan (SIP) revisions
submitted to the EPA by the State of
Texas (‘‘the State’’) for the 2008 8-hour
ozone National Ambient Air Quality
Standard (NAAQS). The SIP revisions
being approved describe how CAA
requirements for Nonattainment New
Source Review (NNSR) are met in the
Dallas-Fort Worth (DFW) and HoustonGalveston-Brazoria (HGB) serious ozone
nonattainment areas.
DATES: This rule is effective on
November 2, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
EPA–R06–OAR–2020–0343. 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 or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Paige, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–6521, paige.carrie@epa.gov. Out of
an abundance of caution for members of
the public and our staff, the EPA Region
6 office may be closed to the public to
reduce the risk of transmitting COVID–
19. Please call or email the contact
listed above if you need alternative
access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:54 Sep 30, 2022
Comment: Commenters assert that the
proposed rule relies on the provisions of
the Texas Administrative Code which
require new or modified major sources
of ozone precursors in ozone
nonattainment areas to procure
emission offsets for their emission
increases through the state’s Emission
Credit Banking and Trading program.
According to the Commenters, these
provisions authorize inter-precursor
trading (IPT) of NOx and VOC emissions
which was vacated by the United States
Court of Appeals for the District of
Columbia Circuit on January 29, 2021.
The commenters also argued that EPA’s
approval of an inter-precursor trade is
presumed unless the EPA disapproves
the trade during its comment period,
according to TCEQ guidance
memorandum.
Response: The commenter correctly
points out that the D.C. Circuit (the
court) vacated the portion of the EPA’s
NNSR regulation at 40 CFR 51.165 that
allows IPT to meet the offset
requirements for ozone. Following the
court’s decision, the EPA notified the
TCEQ in a letter dated June 17, 2021,
that the EPA would no longer approve
any IPT trades under the previously
approved Texas SIP rules based on the
court decision. In a response to the EPA
dated June 25, 2021, the TCEQ
confirmed that its NNSR IPT provisions
cannot function without the EPA’s prior
approval of each trade, and that the
TCEQ has not approved any IPT request
in the past without prior approval from
the EPA.2
The TCEQ also confirmed that
without the IPT provisions, its
regulations continue to meet the NNSR
program requirements at 40 CFR 51.165.
EPA agrees that, without the IPT
provisions, the Texas SIP regulations
meet the CAA’s NNSR requirements.
The EPA-approved Texas SIP already
includes 30 TAC Section 116.12
(Nonattainment and Prevention of
Significant Deterioration Review
Definitions) and 30 TAC Section
116.150 (New Major Source or Major
Modification in Ozone Nonattainment
Area). Based on EPA’s review of Texas
SIP regulations for the NNSR program
requirements for serious ozone
nonattainment areas, we are approving
this portion of the SIP revision.
The EPA does not agree with the
commenters that the EPA’s approval of
an IPT can be presumed under the
Texas SIP unless the EPA disapproved
the trade during the comment period.
Texas has not submitted, and the EPA
has not approved the State’s guidance
document, described by the
commenters, as part of the Texas SIP.
Nothing in the previously approved
Texas regulations establishes a
presumption of the EPA’s approval of an
IPT if the EPA does not communicate its
disapproval during a relevant public
notice and comment period.
In addition, the EPA’s commitment
that it will not approve IPT for ozone
because of the court’s decision is
sufficient to render the Texas IPT
provisions inoperative for ozone. Texas
has confirmed that IPT is not permitted
under its regulation without prior EPA
approval of a trade. Finally, we would
work with Texas to get the inoperative
IPT provisions removed in future SIP
revisions.
As stated in our proposal, NNSR
permitting program requirements
1 Henceforth, we refer to Earthjustice and ALFA
as ‘‘commenters.’’
2 The text of each letter is available in the docket
to this action.
I. Background
*
[FR Doc. 2022–21355 Filed 9–30–22; 8:45 am]
Jkt 259001
59697
The background for this action is
discussed in detail in our March 1,
2021, proposal (86 FR 11913). In that
document we proposed to approve
portions of two revisions to the Texas
SIP submitted to the EPA on May 13,
2020, that describe how CAA
requirements for enhanced vehicle
inspection and maintenance (I/M) and
NNSR are met in the DFW and HGB
serious ozone nonattainment areas for
the 2008 ozone NAAQS.
Our March 2021 proposal provided a
detailed description of the revisions and
the rationale for the EPA’s proposed
actions, together with a discussion of
the opportunity to comment. The public
comment period for our March 2021
proposal action closed on March 31,
2021. We received comments during the
public comment period from two
sources: Earthjustice, on behalf of
Achieving Community Tasks
Successfully, Coalition of Community
Organizations, Downwinders at Risk,
Sierra Club, Texas Environmental
Justice Advocacy Services, and itself,
together with Caring for Pasadena
Communities; and Air Law for All
(ALFA), on behalf of the Center for
Biological Diversity and the Center for
Environmental Health.1 The comments
received are available for review in the
docket for this rulemaking. The EPA is
not finalizing the proposed approval of
revisions that address the CAA
requirements for vehicle I/M at this
time. Those revisions will be addressed
in a separate rulemaking. Our responses
to the comments addressing NNSR
follow.
II. Response to Comments
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
E:\FR\FM\03OCR1.SGM
03OCR1
]]>Agencies
[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59695-59697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21355]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2021-0483; FRL-9158-02-R2]
Approval of Air Quality Implementation Plans; New York; Revisions
to Architectural and Industrial Maintenance Coatings
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 final SIP revision consists of amendments to
regulations outlined within New York's Codes, Rules, and Regulations
(NYCRR) that implement control measures for architectural and
industrial maintenance coatings. The 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: This final rule is effective on November 2, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2021-0483. 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?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On August 11, 2022 (87 FR 49570), 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 October 15,
2020, for purposes of revising title 6 of the NYCRR, part 205,
``Architectural and Industrial Maintenance Coatings.'' The EPA's
evaluation recognizes that the SIP revision is consistent with the
Ozone Transport Commission Model Rule for AIM coating categories and
will help the State attain the National Ambient Air Quality Standards
(NAAQS) by improving air quality through reduced VOC emissions and
promoting regional AIM coating consistency. 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 August 11, 2022, proposed rulemaking
(87 FR 49570). The attendant revisions to 6 NYCRR part 200, ``General
Provisions,'' section 200.9, Table 1, ``Referenced material,'' for 6
NYCRR part 205 have been addressed under a separate rulemaking at 87 FR
52337, effective September 26, 2022.
II. What comments were received in response to the EPA's proposed
action?
The EPA provided a 30-day review and comment period for the August
11, 2022, proposed rule. The comment period ended on September 12,
2022. We received no comments on the EPA's action.
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 205, ``Architectural and Industrial
Maintenance Coatings,'' with a State effective date of January 11,
2022. Specifically, this rulemaking will reduce VOC emissions for 12
coating categories, create VOC limits for 12 additional coating
categories, eliminate 15 coating categories without relaxation of the
regulation, and narrow the exemption previously provided to coatings
sold in one-liter (or quart-size) containers, referred to the as the
``quart exemption.'' The revisions will help the State to comply with
Federal requirements pertaining to attainment and maintenance of the
ozone NAAQS.
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 205, ``Architectural and Industrial Maintenance
Coatings,'' regulations described in the amendments to 40 CFR part 52
as discussed in section III of this preamble.
[[Page 59696]]
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 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 December 2, 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 205'' to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 6, Part 205................. Architectural and 1/11/2022 10/3/2022 EPA approval
Industrial finalized at [insert
Maintenance Coatings. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 59697]]
* * * * *
[FR Doc. 2022-21355 Filed 9-30-22; 8:45 am]
BILLING CODE 6560-50-P
