[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Proposed Rules]
[Pages 33699-33702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11595]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2021-0553; FRL-9736-01-R2]


Approval of Air Quality Implementation Plans; New York; Revision 
to 6 NYCRR Part 235 Consumer Products

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 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: Written comments must be received on or before July 5, 2022.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2021-0553, 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.

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The written comment is considered the official comment and should 
include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the internet, 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 235?
III. What is the EPA's evaluation of part 235?
IV. The EPA's Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

Ozone Requirements

    Section 182 of the Clean Air Act (CAA) specifies the required SIP 
submissions and requirements for areas classified as nonattainment for 
ozone and when these submissions and requirements are to be submitted 
to the EPA by the States. The specific requirements vary depending upon 
the severity of the ozone problem. CAA section 182(b)(2)(A) requires 
that for ozone nonattainment areas classified as Moderate or above, 
States must revise their SIPs to include provisions to implement 
Reasonably Available Control technology (RACT). CAA section 
184(b)(1)(B) extends the RACT obligation to all areas of the State 
within the Ozone Transport Region. In addition to New York being 
classified as nonattainment for the 2008 and 2015 ozone standards for 
the New York portion of the New York-Northern New Jersey-Long Island, 
NY-NJ-CT area, New York is a member of the Ozone Transport Region. 
States subject to RACT requirements are required to adopt controls 
through the adoption of regulations, or by issuance of single source 
orders or permits that outline what the source is required to do to 
meet RACT. The Ozone Transport Commission developed control measures 
into model rules for a number of source categories and estimated 
emission reduction benefits from implementing these model rules. These 
model rules were designed for use by States in developing their own 
regulations to achieve additional emission reductions. The proposed 
revisions to the consumer products rule will provide VOC emission 
reductions to address, in part, attainment of the 8-hour ozone standard 
in the New York portion of the New York-Northern New Jersey-Long 
Island, NY-NJ-CT nonattainment area, which is composed of the five 
boroughs of New York City and the surrounding counties of Nassau, 
Suffolk, Westchester, and Rockland. These revisions will also address, 
in part, the RACT requirements by providing VOC emission reductions 
statewide.

II. What was included in New York's submission of part 235?

    On March 2, 2021, New York submitted a proposed SIP revision to 
Title 6 NYCRR part 235, ``Consumer Products,'' including attendant 
revisions to part 200, section 200.9, ``General Provisions, Reference 
material.'' The EPA finds the State's submission is complete. The 
proposed rulemaking applies to any person who sells, supplies, offers 
for sale, or manufactures consumer products for use in the State of New 
York.

III. What is the EPA's evaluation of part 235?

    The most recent federally approved version of 6 NYCRR part 235, 
``Consumer Products,'' was published on May 28, 2010. See 75 FR 29897 
(May 28, 2010). The current proposed revision was submitted by the 
State on March 2, 2021, with a State enforceability date of January 1, 
2022. The proposed regulations target a group of household and commonly 
used products, referred to as ``consumer products,'' and are submitted 
for EPA approval with the goal of limiting and reducing VOC emissions 
statewide. The EPA's evaluation recognizes that the proposal 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 proposed revisions to part 235 are expected to 
reduce VOC released to the air by 5.3 tons per day. Since the use of 
consumer products is highest in population centers, the 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.

New Product Categories With New VOC Limits

    As identified in the ``Table of Standards'' within section 235-3.1, 
the proposed revision includes nine new product categories, some with 
sub-categories, with new VOC content limits, percent by weight, as 
follows: (1) Air freshener product category for dual purpose air 
fresheners/disinfectants subcategory at 60; (2) anti-static product 
category for aerosols subcategory at 80; (3) automotive windshield 
cleaner at 35; (4) bathroom and tile cleaner product category for non-
aerosols subcategory at 1; (5) disinfectant product category for 
aerosols subcategory at 70 and non-aerosols subcategory at 1; (6) 
multi-purpose solvent product category at 3; (7) paint thinner product 
category at 3; (8) sanitizers product category for aerosols subcategory 
at 70 and non-aerosols subcategory at 1; (9) temporary hair color 
product category for aerosols subcategory at 55. In addition, two 
existing product categories have new sub-categories with new VOC 
content limits, percent by weight, as follows: (1) Furniture 
maintenance product category for non-aerosols (except solid or paste) 
subcategory at 3; and (2) oven or grill cleaners product category for 
non-aerosols subcategory at 4.

Reduced VOC Limits on Existing Product Categories

    As identified in the Table of Standards, section 235-3.1, the 
proposed revision includes reduced VOC content limits for ten existing 
product categories or subcategories, percent by weight, for the 
following: (1) Adhesives product category for construction paneling and 
floor covering subcategory reduced from 15 to 7; (2) automotive brake 
cleaner[s]/brake cleaner product category from 45 to 10; (3) carburetor 
or fuel-injection air intake cleaners product category from 45 to 10; 
(4) engine degreasers product category for aerosols subcategory from 35 
to 10; (5) floor polishes and waxes product category for flexible 
flooring materials subcategory from 7 to 1, and for non-resilient 
flooring subcategory from 10 to 1; (6) general purpose cleaners product 
category for aerosols subcategory from 10 to 8; (7) general purpose 
degreaser product category for aerosols

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subcategory from 50 to 10; (8) laundry starch products category from 5 
to 4.5; (9) nail polish remover product category from 75 to 1; (10) 
shaving gel product category from 7 to 4.

Ozone Transport Commission Consumer Products Model Rule and Neighboring 
States

    New York is implementing the Ozone Transport Commission's model 
rule for consumer products \1\ in order to reduce VOC emissions and 
maintain regional product consistency in accordance with a Memorandum 
of Understanding among the Ozone Transport Commission States,\2\ of 
which New York is a signatory. The new and revised emission limits 
identified in the ``Table of Standards,'' and explained above, reflect 
New York's contribution to reducing the potential emissions from 
consumer products. The VOC content limits for part 235 are lower than 
or equal to neighboring States and maintain regional product 
consistency. The EPA reviewed New York's submission and confirmed that 
the regulations are consistent with similar regulations adopted by 
neighboring States and consistent with the Ozone Transport Commission 
Model Rule.
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    \1\ The Ozone Transport Commission consumer products model rule 
documents can be found at https://otcair.org/document.asp?fview=modelrules. Scroll to 2018 for ``Regulatory & 
Technical Guideline for Consumer Products Phase V'' (formerly known 
as the ``OTC Model Rule for Consumer Products'') and technical 
support documents for emissions and costs.
    \2\ The Ozone Transport Commission Memorandum of Understanding, 
dated June 3, 2010, is provided in the docket.
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Part 235 Public Notice State-Side

    New York received six public comments on its proposed rule. New 
York addressed the comments by: (1) Recognizing that consumer products 
can contain ozone precursor pollutants and working to reduce ozone 
precursor pollutants; (2) revising the compliance date to January 1, 
2022 to allow manufacturers and distributors additional time to address 
distribution issues and provide compliant products to retail outlets, 
and (3) allowing manufacturers the option to sell the existing stock of 
products that were manufactured before the compliance date (sell-
through provisions) specified in the ``Table of Standards'' at section 
235-3.1.
    The EPA is satisfied with New York's responses to the public 
comments. Regarding the first topic addressed above, through its rule, 
New York is addressing emission sources to reduce ozone by regulating 
products that contain ozone precursor pollutant emissions, such as 
volatile chemical products. For example, adhesives can be a volatile 
chemical product, and the proposed revised emission limits will reduce 
the Construction, Panel, and Floor Covering adhesive category by more 
than half, from 15 to 7 percent VOC content by weight. Regarding the 
second topic addressed above, New York is revising the rule to extend 
the compliance date from January 1, 2021 to January 1, 2022 to address 
manufacturers' and distributors' distribution challenges and provide 
compliant products to retail outlets. Lastly, regarding the third topic 
addressed above, New York revised the sell-through provisions to allow 
manufacturers to sell their existing stock of products that were 
manufactured before the January 1, 2022 compliance date.

Part 200, ``General Provisions,'' Section 200.9, Table 1, ``Referenced 
Materials''

    The current proposed revision includes attendant revisions to 6 
NYCRR part 200, ``General Provisions,'' section 200.9, Table 1, 
``Referenced Materials,'' which include American Society for Testing 
Materials (ASTM) testing procedures, the California Air Resources Board 
(CARB) provisions supporting this regulation, and updated references to 
part 235. The EPA is satisfied that the revisions to section 200.9 are 
appropriate.

IV. The EPA's Proposed Action

    The EPA has evaluated New York's proposed revision for consistency 
with the Clean Air Act, the EPA regulations, and policy. The EPA is 
proposing to approve revisions to the New York SIP and amendment to 6 
NYCRR part 235, ``Consumer Products,'' including attendant revisions to 
6 NYCRR part 200, ``General Provisions,'' section 200.9, Table 1, 
``Referenced Materials,'' with a State effective date of February 11, 
2021. Specifically, this rulemaking proposes to add nine new product 
categories and two new subcategories with new VOC emission limits and 
proposes to reduce the VOC emission limits in ten existing product 
categories. 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 items 
discussed in this document. These comments will be considered before 
taking final action.

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
that includes incorporation by reference. In accordance with the 
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference revisions to 6 NYCRR part 235, ``Consumer Products,'' 
including attendant revisions to 6 NYCRR part 200, ``General 
Provisions,'' section 200.9, Table 1, ``Referenced Materials,'' as 
described in 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).

VI. 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

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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 235, ``Consumer Products,'' 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 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. 2022-11595 Filed 6-2-22; 8:45 am]
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