Rule2022-21355
Approval of Air Quality Implementation Plans; New York; Revisions to Architectural and Industrial Maintenance Coatings
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 3, 2022
Effective
November 2, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 final SIP revision consists of amendments to regulations outlined within New York's Codes, Rules, and Regulations (NYCRR) that implement control measures for architectural and industrial maintenance coatings. The 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 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 190 (Monday, October 3, 2022)</title>
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[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59695-59697]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21355]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2021-0483; FRL-9158-02-R2]
Approval of Air Quality Implementation Plans; New York; Revisions
to Architectural and Industrial Maintenance Coatings
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 final SIP revision consists of amendments to
regulations outlined within New York's Codes, Rules, and Regulations
(NYCRR) that implement control measures for architectural and
industrial maintenance coatings. The 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 for ozone. These actions are being taken in accordance with
the requirements of the Clean Air Act.
DATES: This final rule is effective on November 2, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2021-0483. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 <a href="/cdn-cgi/l/email-protection#335f5c5d545c1d5f5a5d5752735643521d545c45"><span class="__cf_email__" data-cfemail="3e5251505951105257505a5f7e5b4e5f10595148">[email protected]</span></a>.
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?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On August 11, 2022 (87 FR 49570), 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 October 15,
2020, for purposes of revising title 6 of the NYCRR, part 205,
``Architectural and Industrial Maintenance Coatings.'' The EPA's
evaluation recognizes that the SIP revision is consistent with the
Ozone Transport Commission Model Rule for AIM coating categories and
will help the State attain the National Ambient Air Quality Standards
(NAAQS) by improving air quality through reduced VOC emissions and
promoting regional AIM coating consistency. 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 August 11, 2022, proposed rulemaking
(87 FR 49570). The attendant revisions to 6 NYCRR part 200, ``General
Provisions,'' section 200.9, Table 1, ``Referenced material,'' for 6
NYCRR part 205 have been addressed under a separate rulemaking at 87 FR
52337, effective September 26, 2022.
II. What comments were received in response to the EPA's proposed
action?
The EPA provided a 30-day review and comment period for the August
11, 2022, proposed rule. The comment period ended on September 12,
2022. We received no comments on the EPA's action.
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 205, ``Architectural and Industrial
Maintenance Coatings,'' with a State effective date of January 11,
2022. Specifically, this rulemaking will reduce VOC emissions for 12
coating categories, create VOC limits for 12 additional coating
categories, eliminate 15 coating categories without relaxation of the
regulation, and narrow the exemption previously provided to coatings
sold in one-liter (or quart-size) containers, referred to the as the
``quart exemption.'' The revisions will help the State to comply with
Federal requirements pertaining to attainment and maintenance of the
ozone NAAQS.
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 205, ``Architectural and Industrial Maintenance
Coatings,'' regulations described in the amendments to 40 CFR part 52
as discussed in section III of this preamble.
[[Page 59696]]
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). 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:
<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 application of those requirements would be inconsistent
with the Clean Air Act; and
<bullet> 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 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 December 2, 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 205'' 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 EPA approval
State citation Title/subject effective date date Comments
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* * * * * * *
Title 6, Part 205................. Architectural and 1/11/2022 10/3/2022 <bullet> EPA approval
Industrial finalized at [insert
Maintenance Coatings. Federal Register
citation].
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[[Page 59697]]
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[FR Doc. 2022-21355 Filed 9-30-22; 8:45 am]
BILLING CODE 6560-50-P
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