[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: Ruvo.Richard@epa.gov.
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 (wieber.kirk@epa.gov),
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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