Proposed Rule2022-11595
Approval of Air Quality Implementation Plans; New York; Revision to 6 NYCRR Part 235 Consumer Products
Primary source
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Published
June 3, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 107 (Friday, June 3, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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.
[[Page 33700]]
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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Linda Longo at (212) 637-3356 or by
email at <a href="/cdn-cgi/l/email-protection#2b4744454c44054742454f4a6b4e5b4a054c445d"><span class="__cf_email__" data-cfemail="2d4142434a4203414443494c6d485d4c034a425b">[email protected]</span></a>, 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 <a href="https://otcair.org/document.asp?fview=modelrules">https://otcair.org/document.asp?fview=modelrules</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>
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:
<bullet> 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));
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255 (August 10, 1999));
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR 19885
(April 23, 1997));
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355 (May 22, 2001));
<bullet> 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
[[Page 33702]]
this action does not involve technical standards; and
<bullet> 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]
BILLING CODE 6560-50-P
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