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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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 
ozone concerning the control of volatile organic compounds. The SIP 
revision consists of amendments to the New York Codes. The intended 
effect of this action is to approve control techniques, required by the 
Clean Air Act, which will result in emission reductions that will help 
attain and maintain the national ambient air quality standards for 
ozone.

DATES: Comments must be received on or before December 20, 2013.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2013-0734, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: 212-637-3901.
     Mail: Mr. Richard Ruvo, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866.
     Hand Delivery: Mr. Richard Ruvo, Chief, Air Programs 
Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 
25th Floor, New York, New York 10007-1866. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8 a.m. to 4 p.m., excluding federal holidays.
    Instructions: Direct your comments to Docket No. EPA-R02-OAR-2013-
0734. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters or any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 
25th Floor, New York, New York 10007-1866. EPA requests, if at all 
possible, that you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 
p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber ([email protected]), 
Air Programs Branch, Environmental Protection Agency, 290 Broadway, 
25th Floor, New York, New York 10007-1866, (212) 637-3381.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is required by the Clean Air Act (CAA) and how does it apply 
to New York?
    A. Background
    B. What are the moderate area requirements?

[[Page 69626]]

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

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

A. Background

    In 1997, EPA revised the health-based national ambient air quality 
standards (NAAQS or standard) for ozone, setting it at 0.08 parts per 
million averaged over an 8-hour period. EPA set the 8-hour ozone 
standard based on scientific evidence demonstrating that ozone causes 
adverse health effects at lower ozone concentrations and over longer 
periods of time than was understood when the pre-existing 1-hour ozone 
standard was set. EPA determined that the 8-hour standard would be more 
protective of human health, especially with regard to children and 
adults who are active outdoors, and individuals with a pre-existing 
respiratory disease, such as asthma.
    On April 30, 2004 (69 FR 23858), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These actions became effective on June 15, 
2004. The three 8-hour ozone moderate nonattainment areas located in 
New York State are: The New York-Northern New Jersey-Long Island, NY-
NJ-CT nonattainment area; the Poughkeepsie nonattainment area; and the 
Jefferson County nonattainment area. The New York portion of the New 
York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment area is 
composed of the five boroughs of New York City and the surrounding 
counties of Nassau, Suffolk, Westchester and Rockland. This is 
collectively referred to as the New York City Metropolitan Area or 
NYMA. The Poughkeepsie nonattainment area is composed of Dutchess, 
Orange and Putnam counties.
    These designations triggered the CAA's requirements under section 
182(b) for moderate nonattainment areas to submit a demonstration of 
attainment, including implementing reasonably available control 
technology (RACT).

B. What are the moderate area requirements?

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

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

    On July 15, 2013, the New York State Department of Environmental 
Conservation (NYSDEC), submitted to EPA revisions to the SIP, which 
included state adopted revisions to Title 6 of the New York Code of 
Rules and Regulations (6 NYCRR) Part 228, ``Surface Coating Processes, 
Commercial and Industrial Adhesives, Sealants and Primers,'' with an 
effective date of June 5, 2013. These revisions are applicable 
statewide and will therefore provide volatile organic compound (VOC) 
emission reductions statewide and will help towards achieving 
attainment of the ozone standards in the NYMA and towards meeting the 
RACT requirements.
    New York also included a negative declaration in its July 15, 2013 
submittal. New York has certified, based on a review of operating 
permits and emissions inventory, no facilities exist in the State to 
which the Fiberglass Boat Manufacturing Materials CTG or the Industrial 
Cleaning Solvents CTG apply.
    EPA recently approved a SIP revision for prior amendments to Part 
228 on March 8, 2012 (77 FR 13974).

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

A. Background

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

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

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

[[Page 69627]]

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

C. What is EPA's evaluation?

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

IV. What is EPA's conclusion?

    EPA has evaluated New York's July 15, 2013 SIP revision submittal 
for consistency with the CAA, EPA regulations, and EPA policy and 
guideline documents. EPA proposes that the revisions made to Title 6 of 
the New York Code of Rules and Regulations (6 NYCRR) Part 228, 
``Surface Coating Processes, Commercial and Industrial Adhesives, 
Sealants and Primers,'' with an effective date of June 5, 2013, meet 
the SIP requirements of the CAA and fulfill the recommended controls 
identified in the applicable CTGs. EPA is proposing to approve these 
revisions and is also proposing to approve New York's July 15, 2013 
negative declaration, which certifies that based on a review of 
operating permits and emissions inventory, no facilities exist in the 
State to which the Fiberglass Boat Manufacturing Materials CTG apply. 
Therefore, New York will not have to incorporate provisions consistent 
with that CTG into Part 228 or any other regulation.

 V. Statutory and Executive Order Reviews

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

[[Page 69628]]

that complies with the provisions of the Act and applicable federal 
regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the CAA. Accordingly, this proposed action merely 
approves state law as meeting federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272) because application of those requirements would be inconsistent 
with the Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed action does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Oxides of 
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: November 8, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013-27679 Filed 11-19-13; 8:45 am]
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