[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Rules and Regulations]
[Pages 13974-13977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5646]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2011-0796, FRL-9645-4]


Approval and Promulgation of Implementation Plans; New York State 
Ozone Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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: Effective Date: This rule will be effective April 9, 2012.

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-
2011-0796. 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:

Table of Contents

I. What was included in New York's submittals?
II. What is EPA's evaluation of part 228, ``Surface Coating 
Processes, Commercial and Industrial Adhesives, Sealants and 
Primers?''
III. What is EPA's evaluation of part 234, ``Graphic Arts?''
IV. What is EPA's evaluation of part 241, ``Asphalt Pavement and 
Asphalt Based Surface Coating?''
V. What comments did EPA receive in response to its proposal?
VI. What is EPA's conclusion?
VII. Statutory and Executive Order Reviews

I. 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),

[[Page 13975]]

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 national ambient air 
quality standards (NAAQS or standard) in the Poughkeepsie, Jefferson 
County and the New York portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT (NYMA) moderate nonattainment areas.

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 record keeping provisions. In contrast to the 
Control Techniques Guideline (CTG) document for Miscellaneous 
Industrial Adhesives dated September 2008, Part 228 is applicable to 
all stationary sources including those applications that occur outside 
of the factory setting, such as 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 when states evaluate reasonably available 
control technology (RACT), as required by section 182(b), when 
implementing a revised 8-hour ozone standard, 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 
Clean Air Act, EPA regulations, and EPA policy. EPA has determined that 
Part 228 is as effective in regulating this source category as the CTG 
and is approving it as part of the SIP and as meeting the requirement 
to adopt a RACT rule for the Miscellaneous Industrial Adhesives CTG 
category.

III. What is EPA's evaluation of part 234, ``Graphic Arts?''

    Part 234 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 two CTG documents, one for Offset Lithographic 
Printing and Letterpress Printing and a second for Flexible Package 
Printing, issued by EPA in September 2006, 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 Clean Air 
Act, EPA regulations, and EPA policy and is approving 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 Clean Air 
Act, EPA regulations, and EPA policy and is approving them.

IV. What is EPA's evaluation of part 241, ``Asphalt Pavement and 
Asphalt Based Surface Coating?''

    Part 241 contains the regulatory provisions applicable to asphalt 
pavements and asphalt based surface coatings. These provisions were 
previously regulated under 6 NYCRR Part 205, ``Architectural and 
Industrial Maintenance (AIM) Coatings'' and Part 211, ``General 
Prohibitions.'' 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

[[Page 13976]]

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 
Clean Air Act, EPA regulations, and EPA policy and is approving them.

V. What comments did EPA receive in response to its proposal?

    On December 12, 2011 (76 FR 77178), EPA proposed to approve New 
York's revised Parts 228, 234 and 241. For a detailed discussion on the 
content and requirements of the revisions to New York's regulations, 
the reader is referred to EPA's proposed rulemaking action.
    In response to EPA's December 12, 2011 proposed rulemaking action, 
EPA received no comments.

VI. What is EPA's conclusion?

    EPA has evaluated New York's submittal for consistency with the 
Clean Air Act, EPA regulations, and EPA policy. 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,'' 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. EPA has determined that the revisions 
meet the SIP requirements of the Clean Air Act and fulfill the 
recommended controls identified in the applicable CTGs. EPA is 
approving these revisions and is also approving 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 Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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 Order 
12866 (58 FR 51735, October 4, 1993);
    <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, 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.
    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 7, 2012. 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 27, 2012.
Judith A. Enck,
Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

[[Page 13977]]

PART 52--[AMENDED]

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, the table in paragraph (c) is amended by revising 
the entries for Title 6, Parts 205, 211, 228 and 234 and adding new 
entry Part 241 in numerical order to read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved New York State Regulations
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                                           State
      New York State regulation       effective date    Latest EPA approval date              Comments
----------------------------------------------------------------------------------------------------------------
Title 6
 
                                                  * * * * * * *
Part 205, Architectural and                   1/1/11  3/8/12 [Insert page number
 Industrial Maintenance (AIM)                          where the document begins].
 Coatings.
 
                                                  * * * * * * *
Part 211, General Prohibitions......          1/1/11  3/8/12 [Insert page number    Section 211.1 (previously
                                                       where the document begins].   numbered 211.2) is not part
                                                                                     of the approved plan. (see
                                                                                     11/27/98, 63 FR 65559)
 
                                                  * * * * * * *
Part 228, Surface Coating Processes,         9/30/10  3/8/12 [Insert page number
 Commercial and Industrial                             where the document begins].
 Adhesives, Sealants and Primers.
 
                                                  * * * * * * *
Part 234, Graphic Arts..............          7/8/10  3/8/12 [Insert page number    SIP revisions submitted in
                                                       where the document begins].   accordance with Sec.
                                                                                     234.3(f) are effective only
                                                                                     if approved by EPA.
 
                                                  * * * * * * *
Part 241, Asphalt Pavement and                1/1/11  3/8/12 [Insert page number
 Asphalt Based Surface Coating.                        where the document begins].
 
                                                  * * * * * * *
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[FR Doc. 2012-5646 Filed 3-7-12; 8:45 am]
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