77178 Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules 

Dated: November 21, 2011. 

L.L. Fagan, 

Captain, U.S. Coast Guard, Captain of the 

Port New York. 

[FR Doc. 2011–31702 Filed 12–9–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2011–0796, FRL–9504–1] 

Approval and Promulgation of 

Implementation Plans; New York State 

Ozone Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 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: Comments must be received on 

or before January 11, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket Number EPA–R02– 

OAR–2011–0796, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: Werner.Raymond@epa.gov 

• Fax: (212) 637–3901 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

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, 8:30 to 4:30 

excluding federal holidays. 

Instructions: Direct your comments to 

Docket No. EPA–R02–OAR–2011–0796. 

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 (Act) 

and how does it apply to New York? 

A. What is the history and time frame for 

State Implementation Plan (SIP) 

submissions? 

B. What are the moderate area 

requirements? 

II. What was included in New York’s 

submittals? 

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 evaluation of Part 234, 

‘‘Graphic Arts?’’ 

A. Background 

B. What are the requirements of Part 234, 

‘‘Graphic Arts?’’ 

C. What is EPA’s evaluation? 

V. What is EPA’s Evaluation of Part 241, 

‘‘Asphalt Pavement and Asphalt Based 

Surface Coating?’’ 

A. Background 

B. What are the requirements of Part 241, 

‘‘Asphalt Pavement and Asphalt Based 

Surface Coating?’’ 

C. What is EPA’s evaluation? 

VI. What is EPA’s conclusion? 

VII. Statutory and Executive Order Reviews 

I. What is required by the Clean Air Act 

(Act) and how does it apply to New 

York? 

A. What is the history and time frame 

for State Implementation Plan (SIP) 

submissions? 

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 

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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules 77179 

1On December 22, 2006, the United States Court 

of Appeals for the District of Columbia Circuit (the 

Court) vacated the Phase 1 Rule. South Coast Air 

Quality Management Dist. v. EPA, 472 F.3d 882 (DC 

Cir. 2006). Subsequently, in South Coast Air 

Quality Management Dist. v. EPA, 489 F.3d 1295 

(DC Cir. 2007), in response to several petitions for 

rehearing, the Court clarified that the Phase 1 Rule 

was vacated only with regard to those parts of the 

rule that had been successfully challenged. The 

court upheld the portions of the Phase 1 Rule 

relating to EPA’s classification system under 

subpart 2. The portions of the rule that were 

vacated do not affect this proposed action. 

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. 

On December 7, 2009 (74 FR 63993), 

EPA determined that the Poughkeepsie 

area attained the 8-hour ozone standard 

and on March 25, 2008 (73 FR 15672) 

EPA determined that Jefferson County 

attained the 8-hour ozone standard. 

These designations triggered the Act’s 

requirements under section 182(b) for 

moderate nonattainment areas, 

including a requirement to submit a 

demonstration of attainment. To assist 

states in meeting the Act’s requirements 

for ozone, EPA released an 8-hour ozone 

implementation rule in two phases. 

EPA’s Phase 1 8-hour ozone 

implementation rule, published on 

April 30, 2004 (69 FR 23951) and 

referred to as the Phase 1 Rule, specifies 

that states must submit these attainment 

demonstrations to EPA by no later than 

three years from the effective date of 

designation—that is, submit them by 

June 15, 2007.1

B. What are the moderate area 

requirements? 

On November 29, 2005, EPA 

published Phase 2 of the 8-hour ozone 

implementation rule (70 FR 71612), 

referred to as the Phase 2 Rule, which 

addressed the control and state plan 

obligations that apply to areas 

designated nonattainment for the 8-hour 

NAAQS. Among other things, the Phase 

1 and Phase 2 Rules outline the SIP 

requirements and deadlines for various 

requirements in areas designated as 

moderate nonattainment. For such 

areas, reasonably available control 

technology (RACT) plans were due by 

September 2006 (40 CFR 51.912(a)(2)). 

Both rules require that modeling and 

attainment demonstrations, reasonable 

further progress plans, reasonably 

available control measure (RACM) 

analysis, projection year emission 

inventories, motor vehicle emissions 

budgets and contingency measures were 

all due by June 15, 2007 (40 CFR 

51.908(a)). 

The Ozone Transport Commission 

(OTC) developed recommended 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 Ozone Transport Region to 

develop their own regulations to 

achieve additional emission reductions 

to close emission shortfalls. 

II. 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), 

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 standard in the 

NYMA and towards meeting the RACT 

and RACM requirements. 

III. What is EPA’s evaluation of Part 

228, ‘‘Surface Coating Processes, 

Commercial and Industrial Adhesives, 

Sealants and Primers?’’ 

A. Background 

The OTC states developed a Model 

Rule entitled ‘‘OTC Model Rule for 

Adhesives and Sealants,’’ dated 2006, 

which was based on the 1998 California 

Air Resources Board RACT 

determination. This RACT 

determination applied to both the 

manufacture and use of adhesives, 

sealants, adhesive primers or sealant 

primers, in both industrial/ 

manufacturing facilities and in the field. 

California air districts used this 

determination to develop regulations for 

this category. The EPA addressed this 

source category with a Control 

Techniques Guideline (CTG) document 

for Miscellaneous Industrial Adhesives 

dated September 2008. This CTG was 

developed in response to the Section 

183(e) requirement for EPA to study and 

regulate consumer and commercial 

products included in EPA’s March 23, 

1995 Report to Congress, ‘‘Study of 

Volatile Organic Compound Emissions 

from Consumer and Commercial 

Products—Comprehensive Emissions 

Inventory,’’ (EPA–4531R–94–006(b). See 

60 FR 15264 (March 23, 1995). The 

section 183(e) miscellaneous industrial 

adhesives category was limited to 

adhesives and adhesive primers used in 

industrial/manufacturing operations 

and did not include products applied in 

the field. Accordingly, the OTC Model 

Rule and state efforts in developing 

individual regulations preceded EPA’s 

CTG for this source category and were 

broader in applicability. 

B. What are the requirements of Part 

228, ‘‘Surface Coating Processes, 

Commercial and Industrial Adhesives, 

Sealants and Primers?’’ 

The revisions to part 228 are based on 

the 2006 OTC model rule for 

commercial and industrial adhesives 

and sealants, which, in turn, is based on 

the RACT and best available retrofit 

control technology determination 

developed in 1998 by the California Air 

Resources Board. In addition, the 

revised rule incorporates EPA’s 

recommendations contained in the CTG 

document released in 2008 entitled, 

‘‘Control Technique Guidelines for 

Miscellaneous Industrial Adhesives’’ 

(EPA 453/R–08–005), including 

adhesive application methods, and work 

practices for adhesive-related handling 

activities and cleaning materials. The 

revisions along with the retained 

provisions to Part 228 include the 

following: 

• Regulation of the application of 

commercial and industrial adhesives, 

sealants, adhesive primers and sealant 

primers by providing options for 

appliers either to use a product with a 

VOC content equal to or less than a 

specified limit or to use add-on controls; 

• Work practices for mixing and 

handling operations for adhesives, 

thinners and adhesive-related waste 

materials; 

• Establishment of a VOC limit for 

surface preparation solvents; 

• Establishment of an alternative addon control system requirement of at 

least 85 percent overall control 

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efficiency (capture and destruction 

efficiency), by weight; 

• VOC containing materials to be 

stored or disposed of in closed 

containers; 

• Prohibition of the sale of any 

commercial or industrial adhesive, 

sealant, adhesive primer or sealant 

primer that exceeds the VOC content 

limits listed in the rule; 

• Manufacturers to label containers 

with the maximum VOC content as 

supplied, as well as the maximum VOC 

content on an as-applied basis when 

used in accordance with the 

manufacturer’s recommendations 

regarding thinning, reducing, or mixing 

with any other VOC containing material; 

• Prohibition of the specification of 

any commercial or industrial adhesive, 

sealant or primer that violates the 

provisions of the rule; and 

• An allowance for process-specific 

RACT determinations that shall be 

submitted to EPA for review and 

approval as SIP revisions. 

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. 

In contrast to the CTG, part 228 is 

applicable to all stationary sources 

including those applications that occur 

outside of the factory setting- that is, 

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 states evaluate 

RACT, as required by section 182(b) 

when implementing a revised 8-hour 

ozone standard and 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 Act, 

EPA regulations, and EPA policy. EPA 

has determined that part 228 is as 

effective in regulating this source 

category as the CTG and proposes to 

approve it as part of the SIP and as 

meeting the requirement to adopt a 

RACT rule for the Miscellaneous 

Industrial Adhesives CTG category. 

IV. What is EPA’s evaluation of Part 

234, ‘‘Graphic Arts?’’ 

A. Background 

In September 2006, EPA issued two 

CTG documents, one for Offset 

Lithographic Printing and Letterpress 

Printing and a second for Flexible 

Package Printing. These CTG’s were 

developed in response to the section 

183(e) requirement for EPA to study and 

regulate consumer and commercial 

products included in EPA’s March 23, 

1995 Report to Congress, ‘‘Study of 

Volatile Organic Compound Emissions 

from Consumer and Commercial 

Products—Comprehensive Emissions 

Inventory.’’ The first CTG addresses 

both the offset lithographic printing 

industry and the letterpress printing 

industry. Although offset lithographic 

printing and letterpress printing are two 

distinct product categories on the 

section 183(e) list, they have many 

similarities in the types of inks and 

cleaning materials used, the sources of 

VOC emissions, and the controls 

available to address those emissions. 

EPA therefore addresses both categories 

in this CTG. This CTG provides control 

recommendations for reducing VOC 

emissions stemming from the use of 

fountain solutions, cleaning materials 

and inks in offset lithographic printing 

and cleaning materials and inks in 

letterpress printing. 

The second CTG provides control 

recommendations for reducing VOC 

emissions from inks, coatings, adhesives 

and cleaning materials used in flexible 

package printing operations. 

B. What are the requirements of Part 

234, ‘‘Graphic Arts?’’ 

The revisions to part 234 expand the 

applicability to part 234 to include 

letterpress printing and establish RACT 

requirements on facilities that engage in 

flexographic, offset lithographic and 

rotogravure printing. They also impose 

requirements for graphic arts coatings 

and adhesives and for cleaning 

solutions used in letterpress and offset 

lithographic printing. The revised part 

234 includes the following: 

• Several new definitions, including 

new definitions for various types of 

printing equipment and processes, 

control equipment, and cleaning 

materials. 

• Emission control requirements for 

graphic arts printing processes, which 

outline minimum control efficiencies 

for reducing the amount of VOCs 

emitted by graphic arts printing 

processes. Operators may choose to use 

compliant materials with low VOC 

content or install and operate emission 

control equipment. 

• Testing and monitoring 

requirements for graphic arts facilities 

that choose to comply with Part 234 by 

installing and operating emission 

control equipment. Also required are 

continuous emission control equipment 

monitors that must be installed and 

operated on all printing process 

emission control equipment at graphic 

arts facilities. 

• A prohibition of the sale or 

specification of any coatings, inks or 

adhesives that is specifically prohibited 

by any provision of part 234. Use or 

specification of such material is allowed 

only when part 234 compliant emission 

control equipment has been installed, or 

the material has been granted a variance 

by the NYSDEC. Part 234 also requires 

that coating, ink and adhesive vendors 

provide product specifications to the 

buyer upon request. 

• Handling, storage and disposal of 

VOC requirements. Owners and 

operators of graphic arts printing 

processes are prohibited from storing 

inks, coatings, adhesives, cleaning 

materials, and cloths or papers that 

contain any amount of VOCs in open 

containers. 

• Recordkeeping requirements. 

Owners and operators of graphic arts 

printing processes must retain purchase 

and use records of inks, coatings, 

adhesives, VOCs, solvents, fountain 

solutions, cleaning materials and any 

other information required to determine 

compliance with the regulation at the 

facility for a period of five years. Part 

234 also allows NYSDEC to obtain a 

sample of any material containing VOC 

in order to determine compliance with 

part 234. Facilities that meet any of the 

exemption criteria in part 234 must 

retain records that demonstrate their 

qualification for the exemption. 

• A requirement that the opacity from 

any emission source subject to Part 234 

be no more than ten percent. 

C. What is EPA’s evaluation? 

Part 234 contains the required 

elements for a federally enforceable 

rule: emission limitations, compliance 

procedures and test methods, 

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compliance dates and record keeping 

provisions. 

In contrast to the CTGs, 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 Act, EPA 

regulations, and EPA policy and 

proposes to approve 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 Act, EPA 

regulations, and EPA policy and 

proposes to approve them. 

V. What is EPA’s evaluation of Part 241, 

‘‘Asphalt Pavement and Asphalt Based 

Surface Coating?’’ 

A. Background 

Asphalt paving is used to pave, seal 

and repair surfaces such as roads, 

parking lots, drives, walkways and 

airport runways. Asphalt paving is 

grouped into three general categories: 

hot mix, cutback, and emulsified. Hot 

mix asphalt paving is sometimes 

‘‘cutback’’ (thinned) with volatile 

organic solvents to ensure the mix can 

be properly applied. Since August 21, 

1983, the use of cutback asphalt during 

the summer months has been prohibited 

pursuant to the provisions of 6 NYCRR 

part 211, ‘‘General Prohibitions.’’ 

Previously, the maximum amount of 

VOCs that was allowed to be contained 

in asphalt was limited by the provisions 

of section 211.4(b). The VOC content of 

asphalt based surface coatings is subject 

to the limit established in part 205, 

‘‘Architectural and Industrial 

Maintenance (AIM) Coatings,’’ for the 

general category of flat coatings. 

EPA provided guidance on the 

reduction of VOC from asphalt, and 

included cost information in their 

‘‘Control of VOCs from Use of Cutback 

Asphalt’’ EPA–450/2–77–037. 

B. What are the requirements of Part 

241, ‘‘Asphalt Pavement and Asphalt 

Based Surface Coating?’’ 

NYSDEC revised 6 NYCRR parts 205 

and 211 and promulgated a new part 

241 that will provide VOC emission 

reductions from asphalt pavement and 

asphalt based surface coatings as part of 

the effort to reduce ozone pollution in 

the State and reach attainment of the 

8-hour ozone NAAQS. Part 241 is 

applicable statewide to any entity that 

applies, supplies, sells, offers for sale or 

manufactures any asphalt pavement and 

any asphalt based surface coatings. 

Part 241 contains all of the regulatory 

provisions applicable to asphalt 

pavements and asphalt based surface 

coatings. The revisions to VOC emission 

limits from asphalt pavement and 

asphalt based surface coatings are 

expected to have a minimal impact on 

consumers since formulations already 

exist that meet the New York revised 

limits. 

C. What is EPA’s evaluation? 

Part 241 contains the regulatory 

provisions applicable to asphalt 

pavements and asphalt based surface 

coatings. These provisions were 

previously regulated under parts 205 

and 211. 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 

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 Act, EPA 

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regulations, and EPA policy and 

proposes to approve them. 

VI. What is EPA’s conclusion? 

EPA has evaluated New York’s 

submittal for consistency with the Act, 

EPA regulations, and EPA policy. 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,’’ 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, meet the SIP requirements 

of the Act and fulfill the recommended 

controls identified in the applicable 

CTGs. EPA is proposing to approve 

these revisions and is also proposing to 

approve 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 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 Act. 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 22, 2011. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2011–31823 Filed 12–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0872; FRL–9504–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

General Conformity Requirements for 

Federal Agencies Applicable to Federal 

Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia. The SIP 

revision consists of a regulation revision 

adopted by Virginia for the purpose of 

incorporating Federal general 

conformity requirements revisions 

promulgated in July of 2006 and April 

of 2010. In the Final Rules section of 

this Federal Register, EPA is approving 

the State’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by January 11, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0872, by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0872, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0872. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or email. The 

http://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 http:// 

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