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[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Proposed Rules]
[Pages 77178-77182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31823]

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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.

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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

[[Page 77179]]

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\
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    \1\ On 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.
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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 add-on control system 
requirement of at least 85 percent overall control

[[Page 77180]]

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,

[[Page 77181]]

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

[[Page 77182]]

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
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