12082 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 

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 5, 2014. 

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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile Organic Compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 8, 2014. 

Howard M. Cantor, 

Acting Regional Administrator, Region 8. 

For the reason stated in the preamble, 

the Environmental Protection Agency 

amends 40 CFR Part 52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart G—Colorado 

■ 2. Amend § 52.320 by revising 

paragraph (c)(92) to read as follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

(92) On May 11, 2012, Colorado 

submitted a revision to its State 

Implementation Plan (SIP) that 

addresses updates to Colorado’s 

Regulation Number 10, Criteria for 

Analysis of Conformity, of the Colorado 

SIP. EPA is approving the May 11, 2012 

revisions to Regulation No. 10 that 

update sections I, II, III, IV, and V so as 

to meet federal transportation 

conformity consultation requirements. 

EPA is also approving the removal of 

former Part A, Determining Conformity 

of General Federal Actions to State or 

Federal Implementation Plans, from the 

SIP. 

(i) Incorporation by reference. 

(A) Colorado’s Regulation Number 10, 

Criteria for Analysis of Conformity, 

except section VI, Statements of Basis, 

Specific Statutory Authority, and 

Purpose, as adopted by the Colorado Air 

Quality Control Commission on 

December 15, 2011 and state effective 

on January 30, 2012. 

* * * * * 

[FR Doc. 2014–04323 Filed 3–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2013–0734, FRL–9907–02– 

Region–2] 

Approval and Promulgation of 

Implementation Plans; New York State 

Ozone Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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 Part 228, ‘‘Surface 

Coating Processes, Commercial and 

Industrial Adhesives, Sealants and 

Primers.’’ 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: This rule will be effective on 

April 3, 2014. 

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–2013– 

0734. 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: 

I. What was included in New York’s 

submittals? 

On July 15, 2013, the New York State 

Department of Environmental 

Conservation (NYSDEC), submitted to 

EPA revisions to the State 

Implementation Plan (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 June 5, 

2013. These revisions are applicable 

statewide and will therefore provide 

volatile organic compound (VOC) 

emission reductions statewide and will 

help in achieving attainment of the 

ozone standards in the New York 

portion of the New York-Northern New 

Jersey-Long Island, NY-NJ-CT 

nonattainment area and in meeting the 

reasonably available control technology 

(RACT) requirements. The revisions to 

Part 228 are also intended to satisfy 

certain control technique guideline 

(CTG) documents issued by EPA 

pursuant to section 182(b)(2)(A) of the 

Clean Air Act (CAA). 

New York also included a negative 

declaration in its July 15, 2013 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 12083 

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. 

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 recordkeeping 

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 VOCs. 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 CTGs: 

(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 CTGs, as are all of the other 

recommended control options (i.e., addon controls efficiency, work practices 

for coating-related activities and work 

practices for cleaning materials) and 

applicability thresholds. Therefore, EPA 

is approving it as part of the SIP and as 

meeting the requirement to adopt a 

RACT rule for the CTG categories listed 

above. 

With regard 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, at this time, EPA is not 

taking action on the negative declaration 

as it applies to the Industrial Cleaning 

Solvents CTG because further EPA 

evaluation and discussions with the 

State are necessary to adequately assess 

the applicability of the Industrial 

Cleaning Solvents CTG to potentially 

affected facilities that may be operating 

in New York State. 

III. What comments did EPA receive in 

response to its proposal? 

On November 20, 2013 (78 FR 69625), 

EPA proposed to approve New York’s 

revised Part 228. For a detailed 

discussion on the content and 

requirements of the revisions to New 

York’s regulation, the reader is referred 

to EPA’s proposed rulemaking action. 

In response to EPA’s November 20, 

2013 proposed rulemaking action, EPA 

received no comments. 

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 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,’’ with 

an effective date of June 5, 2013. The 

revisions to Part 228 meet the SIP 

requirements of the CAA and fulfill the 

recommended controls identified in the 

applicable CTGs. EPA is approving 

these revisions and is also approving 

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 

the Fiberglass Boat Manufacturing 

Materials 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 

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, 

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 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 (Public Law 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. 


emcdonald on DSK67QTVN1PROD with RULES
12084 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 5, 2014. 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 10, 2014. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF IMPLEMENTAION 

PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart HH—New York 

■ 2. In § 52.1670, the table in paragraph 

(c) is amended by revising the entry for 

Title 6, Part 228 to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(c) * * * 

EPA—APPROVED NEW YORK STATE REGULATIONS AND LAWS

New York State regulation State effective date Latest EPA approval date Comments 

Title 6: 

* * * * * * * 

Part 228, Surface Coating Processes, Commercial and 

Industrial Adhesives, Sealants and Primers.

6/5/13 3/4/14 [FR page citation].

* * * * * * * 

■ 3. Section 52.1683 is amended, by 

adding paragraph (b) to read as follows: 

§ 52.1683 Control strategy: Ozone. 

* * * * * 

(b) The State of New York has 

certified to the satisfaction of the EPA 

that no sources are located in the State 

which are covered by the following 

Control Techniques Guidelines: 

(1) Fiberglass Boat Manufacturing 

Materials. 

(2) [Reserved] 

* * * * * 

[FR Doc. 2014–04324 Filed 3–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 401 

[USCG–2013–0534] 

RIN 1625–AC07 

Great Lakes Pilotage Rates—2014 

Annual Review and Adjustment 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is adjusting 

Great Lakes pilotage rates that were last 

amended in February 2013. The 

adjustments establish new base rates, 

and are made in accordance with a full 

ratemaking procedure. The Coast Guard 

is exercising its discretion to establish 

new base rates to more closely align 

with recent Canadian rate increases. The 

final rule also adjusts weighting factors 

used to determine rates for vessels of 

different size, adopts a new procedure 

for temporary surcharges, applies a 

temporary surcharge for one pilotage 

association, and allows pilotage 

associations to recoup the cost of dues 

paid to the American Pilots Association. 

This rulemaking promotes the Coast 

Guard’s maritime safety mission. 

DATES: Effective August 1, 2014 except 

for §§ 401.400 and 401.401 which are 

effective April 3, 2014. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2013–0534 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket online by going to 

http://www.regulations.gov and 

following the instructions on that Web 

site. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Todd Haviland, Coast Guard; 

telephone 202–372–2037, email 

Todd.A.Haviland@uscg.mil. If you have 

questions on viewing material to the 


emcdonald on DSK67QTVN1PROD with RULES