[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]


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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.

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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\
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    \1\ 62 FR 27968 (May 22, 1997).
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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.

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    (c) * * *

                                EPA-Approved New York State Regulations and Laws
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                                                             State
          State citation              Title/subject        effective     EPA  approval          Comments
                                                             date            date
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                                                  * * * * * * *
Title 6, Part 235................  Consumer Products..       2/11/2021       9/16/2022   EPA approval
                                                                                         finalized at [insert
                                                                                         Federal Register
                                                                                         citation].
 
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[FR Doc. 2022-19831 Filed 9-15-22; 8:45 am]
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