[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Rules and Regulations]
[Pages 13974-13977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5646]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2011-0796, FRL-9645-4]
Approval and Promulgation of Implementation Plans; New York State
Ozone Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
proposed revision to the New York State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds. The
proposed SIP revision consists of amendments to Title 6 of the New York
Codes, Rules and Regulations Part 228, ``Surface Coating Processes,
Commercial and Industrial Adhesives, Sealants and Primers,'' Part 234,
``Graphic Arts,'' and Part 241, ``Asphalt Pavement and Asphalt Based
Surface Coating.'' The intended effect of this action is to approve
control strategies, 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: Effective Date: This rule will be effective April 9, 2012.
ADDRESSES: EPA has established a docket for this action under the
Federal Docket Management System (FDMS) which replaces the Regional
Materials in EDOCKET (RME) docket system. The new FDMS is located at
www.regulations.gov and the docket ID for this action is EPA-R02-OAR-
2011-0796. All documents in the docket are listed in the FDMS index.
Publicly available docket materials are available either electronically
in FDMS 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. Copies of the documents relevant to this action are
also available for public inspection during normal business hours, by
appointment at the Air and Radiation Docket and Information Center,
Environmental Protection Agency, Room 3334, 1301 Constitution Avenue
NW., Washington, DC; and the New York State Department of Environmental
Conservation, Division of Air Resources, 625 Broadway, Albany, New York
12233.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, 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 was included in New York's submittals?
II. What is EPA's evaluation of part 228, ``Surface Coating
Processes, Commercial and Industrial Adhesives, Sealants and
Primers?''
III. What is EPA's evaluation of part 234, ``Graphic Arts?''
IV. What is EPA's evaluation of part 241, ``Asphalt Pavement and
Asphalt Based Surface Coating?''
V. What comments did EPA receive in response to its proposal?
VI. What is EPA's conclusion?
VII. Statutory and Executive Order Reviews
I. What was included in New York's submittals?
On August 19, 2010 and December 15, 2010, the New York State
Department of Environmental Conservation (NYSDEC),
[[Page 13975]]
submitted to EPA proposed revisions to the SIP, which included state
adopted revisions to three regulations contained in 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,'' Part 234, ``Graphic Arts,'' and Part 241, ``Asphalt Pavement
and Asphalt Based Surface Coating'' with effective dates of September
30, 2010, July 8, 2010 and January 1, 2011, respectively. These
revisions are applicable statewide and will therefore provide volatile
organic compound (VOC) emission reductions statewide and will address,
in part, attainment of the 1997 8-hour ozone national ambient air
quality standards (NAAQS or standard) in the Poughkeepsie, Jefferson
County and the New York portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT (NYMA) moderate nonattainment areas.
II. What is EPA's evaluation of part 228, ``Surface Coating Processes,
Commercial and Industrial Adhesives, Sealants and Primers?''
Part 228 contains the required elements for a federally enforceable
rule: emission limitations, compliance procedures and test methods,
compliance dates and record keeping provisions. In contrast to the
Control Techniques Guideline (CTG) document for Miscellaneous
Industrial Adhesives dated September 2008, Part 228 is applicable to
all stationary sources including those applications that occur outside
of the factory setting, such as applied in the field. In addition, it
includes provisions that apply to the selling, supplying, offering for
sale or manufacture for sale in New York of adhesives, sealants,
adhesive primers and sealant primers, along with container labeling
requirements and product registrations. The VOC content restrictions
for these products apply to both their manufacture and application.
Stationary sources also have the option of using add-on control
equipment provided it achieves 85 percent control. Part 228 also
regulates the VOC content/vapor pressure of surface-preparation and
clean-up solvents for which the CTG did not make recommendations other
than including work practices.
EPA recommends that when states evaluate reasonably available
control technology (RACT), as required by section 182(b), when
implementing a revised 8-hour ozone standard, that they review the VOC
content limits for wood adhesives. This category of adhesives is
included in the CTG recommended VOC emission limits. Overall, Part 228:
(1) Regulates the same adhesives and adhesive primers as the CTG with
the addition of regulating sealants and sealant primers, (2) applies to
additional stationary sources, and (3) provides for similar exemptions
as the CTG recommends.
EPA has evaluated New York's submittal for consistency with the
Clean Air Act, EPA regulations, and EPA policy. EPA has determined that
Part 228 is as effective in regulating this source category as the CTG
and is approving it as part of the SIP and as meeting the requirement
to adopt a RACT rule for the Miscellaneous Industrial Adhesives CTG
category.
III. What is EPA's evaluation of part 234, ``Graphic Arts?''
Part 234 contains the required elements for a federally enforceable
rule: Emission limitations, compliance procedures and test methods,
compliance dates and record keeping provisions.
In contrast to the two CTG documents, one for Offset Lithographic
Printing and Letterpress Printing and a second for Flexible Package
Printing, issued by EPA in September 2006, Part 234 is generally
applicable to all graphic arts facilities located in a severe ozone
nonattainment area, which includes the NYMA, or to facilities that emit
total actual annual VOC graphic arts emissions of three tons or more on
a 12-month rolling basis, which is consistent with or more stringent
than the CTG's.
Offset Lithographic Printing and Letterpress Printing
In addition to the general revisions to Part 234, the revised
section 234.3 addresses the CTG for Offset Lithographic Printing and
Letterpress Printing. Subsections (b), (c) and (d) were added and
require more stringent emission controls. Subsection 234.3(b) requires
control equipment achieve overall removal efficiencies, i.e., 90
percent if installed prior to July 8, 2010 and 95 percent if installed
on or after July 8, 2010. Subsection 234.3(d) includes the VOC limits
for heatset web, sheet-fed and cold-set offset lithographic printing
processes. Subsection 234.3(c) limits provisions for cleaning materials
to a composite vapor pressure less than 10 mm Hg (millimeters mercury)
or VOC content of less than 70 percent by weight, with some exceptions.
In addition, section 234.6 requires best management practices for
handling, storage and disposal of VOCs, such as keeping VOC and VOC
containing materials in closed containers, keeping VOC containing shop
towels in closed containers, and recordkeeping requirements. These
revisions are consistent with the CTG recommendations issued on October
5, 2006.
EPA evaluated these provisions for consistency with the Clean Air
Act, EPA regulations, and EPA policy and is approving them.
Flexible Package Printing
In addition to the general provisions of Part 234, the revised
subsection 234.3(a) addresses the CTG for Flexible Package Printing.
Subsection 234.3(a)(1)(ii) was added and requires more stringent
emission controls for publication rotogravure and other printing
processes. Subsection 234.3(a)(1)(i) contains new maximum allowable VOC
content limits for inks, coatings and adhesives (minus water). Section
234.6 requires best management practices (see above description). These
revisions are consistent with the CTG recommendations issued on October
5, 2006.
EPA evaluated these provisions for consistency with the Clean Air
Act, EPA regulations, and EPA policy and is approving them.
IV. What is EPA's evaluation of part 241, ``Asphalt Pavement and
Asphalt Based Surface Coating?''
Part 241 contains the regulatory provisions applicable to asphalt
pavements and asphalt based surface coatings. These provisions were
previously regulated under 6 NYCRR Part 205, ``Architectural and
Industrial Maintenance (AIM) Coatings'' and Part 211, ``General
Prohibitions.'' New York revised these two rules by removing the
asphalt provisions and moving them into new rule Part 241.
New York removed the seasonal limit that allowed the use of cutback
asphalt from October 16th to May 1st. Part 241 only allows the use of
cutback asphalt in two circumstances: When the asphalt is used in the
production of long-life stockpile material for pavement patching and
repair and when the asphalt is used as a penetrating prime coat for the
purpose of preparing a surface to receive asphalt pavement.
New York included a VOC content limit in Part 241 for asphalt
surface coatings. No asphalt based surface coating may be applied,
sold, offered for sale, or manufactured if it contains more than 100
grams of VOC per liter. This is consistent with the limit that was
previously included in Part 205.
Part 241 also includes limits for emulsified asphalt. No emulsified
asphalt, as classified under ASTM International standard specifications
D 977 or D 2397 may be applied, sold, offered for sale, or manufactured
that
[[Page 13976]]
contains oil distillate, as determined by ASTM International standard
test method D 6997, in amounts that exceed the following limits
(milliliters of oil distillate per 200 gram sample):
(a) Three milliliters for ASTM grades RS-1, SS-1, SS-1h, CRS-1,
CSS-1, and CSS-1h;
(b) Five milliliters for ASTM grades RS-2, CRS-2, and HFRS-2;
(c) Sixteen milliliters for ASTM grades MS-2, HFMS-2 and HFMS-2h;
and
(d) Twenty milliliters for ASTM grades CMS-2 and CMS-2h.
Similar limits were previously included in Part 211 but they were
expressed as VOC content limits in percent by weight. The revised
limits included in Part 241 are approximately 17-25 percent more
stringent than what was previously included in Part 211.
EPA notes that while the revised limits in Part 241 are more
stringent than the previous limits included in Part 211, the States of
New Jersey, Delaware and Connecticut have adopted emission limits more
stringent than Part 241, specifically during the ozone season months.
EPA recommends that when New York evaluates RACT, as is required by
section 182(b) when implementing a revised 8-hour ozone standard, that
New York consider more stringent asphalt paving limits in line with
those adopted by the neighboring states.
EPA evaluated the provisions of Part 241 for consistency with the
Clean Air Act, EPA regulations, and EPA policy and is approving them.
V. What comments did EPA receive in response to its proposal?
On December 12, 2011 (76 FR 77178), EPA proposed to approve New
York's revised Parts 228, 234 and 241. For a detailed discussion on the
content and requirements of the revisions to New York's regulations,
the reader is referred to EPA's proposed rulemaking action.
In response to EPA's December 12, 2011 proposed rulemaking action,
EPA received no comments.
VI. What is EPA's conclusion?
EPA has evaluated New York's submittal for consistency with the
Clean Air Act, EPA regulations, and EPA policy. EPA is approving 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,'' Part 234, ``Graphic
Arts,'' and new Part 241, ``Asphalt Pavement and Asphalt Based Surface
Coating,'' with effective dates of September 30, 2010, July 8, 2010 and
January 1, 2011, respectively. EPA has determined that the revisions
meet the SIP requirements of the Clean Air Act and fulfill the
recommended controls identified in the applicable CTGs. EPA is
approving these revisions and is also approving the revisions made to 6
NYCRR Part 205, ``Architectural and Industrial Maintenance (AIM)
Coatings'' and Part 211, ``General Prohibitions,'' both effective
January 1, 2011, to avoid redundancy and conflict of the asphalt paving
and coating provisions included in new Part 241.
VII. 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 Clean Air 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 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
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, this rule 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.
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 May 7, 2012. 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Oxides of
Nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 27, 2012.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 13977]]
PART 52--[AMENDED]
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, the table in paragraph (c) is amended by revising
the entries for Title 6, Parts 205, 211, 228 and 234 and adding new
entry Part 241 in numerical order to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations
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State
New York State regulation effective date Latest EPA approval date Comments
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Title 6
* * * * * * *
Part 205, Architectural and 1/1/11 3/8/12 [Insert page number
Industrial Maintenance (AIM) where the document begins].
Coatings.
* * * * * * *
Part 211, General Prohibitions...... 1/1/11 3/8/12 [Insert page number Section 211.1 (previously
where the document begins]. numbered 211.2) is not part
of the approved plan. (see
11/27/98, 63 FR 65559)
* * * * * * *
Part 228, Surface Coating Processes, 9/30/10 3/8/12 [Insert page number
Commercial and Industrial where the document begins].
Adhesives, Sealants and Primers.
* * * * * * *
Part 234, Graphic Arts.............. 7/8/10 3/8/12 [Insert page number SIP revisions submitted in
where the document begins]. accordance with Sec.
234.3(f) are effective only
if approved by EPA.
* * * * * * *
Part 241, Asphalt Pavement and 1/1/11 3/8/12 [Insert page number
Asphalt Based Surface Coating. where the document begins].
* * * * * * *
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[FR Doc. 2012-5646 Filed 3-7-12; 8:45 am]
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