Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 33699 

and regulators can consistently evaluate 

and determine compliance. 

Additionally, our analysis finds that 

Rule 61.2 represents current RACT for 

the Tank Truck Gasoline Loading CTG 

because the rule is as stringent as the 

CTG and is generally consistent with 

requirements in other air districts for 

tank truck gasoline loading at bulk 

terminals. In addition, our analysis of 

the District’s negative declaration 

determined that there are no non-CTG 

VOC sources that exceed the 100 tpy 

VOC threshold for Moderate ozone 

nonattainment areas. The Technical 

Support Document (TSD) has more 

information on our evaluation. 

C. The EPA’s Recommendations To 

Further Improve the Submitted Rule 

The TSD includes a recommendation 

for the next time the local agency 

modifies the Rule 61.2. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted Rule 61.2 

because it fulfills all relevant 

requirements. In addition, the EPA 

proposes approval of the submitted 

negative declaration for non-CTG major 

VOC sources for 2008 RACT SIP 

Moderate area requirements. We will 

accept comments from the public on 

this proposal until July 5, 2022. If we 

take final action to approve the 

submitted rule and negative declaration, 

our final action will incorporate this 

rule into the federally enforceable SIP 

and stop the sanctions and FIP clocks 

that are associated with our previous 

disapproval. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

SDCAPCD Rule 61.2, ‘‘Transfer of 

Organic Compounds into Mobile 

Transport Tanks’’ as amended on 

February 10, 2021. The EPA has made, 

and will continue to make, these 

materials available through https://

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely proposes to approve 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: May 31, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–11971 Filed 6–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2021–0553; FRL–9736–01– 

R2] 

Approval of Air Quality Implementation 

Plans; New York; Revision to 6 NYCRR 

Part 235 Consumer Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the New York State 

Implementation Plan (SIP) for the 

purposes of implementing control of air 

pollution for volatile organic 

compounds (VOC). The proposed SIP 

revision consists of amendments to New 

York’s Codes, Rules, and Regulations 

(NYCRR) that implement control 

measures for Consumer Products. The 

intended effect of this action is to 

approve control strategies which will 

result in VOC emission reductions that 

will help attain and maintain the 

national ambient air quality standards 

(NAAQS) for ozone. These actions are 

being taken in accordance with the 

requirements of the Clean Air Act. 

DATES: Written comments must be 

received on or before July 5, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2021–0553, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 


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33700 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the internet, cloud, 

or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Linda Longo at (212) 637–3356 or by 

email at longo.linda@epa.gov, or by mail 

at Environmental Protection Agency, 

Region 2, 290 Broadway, New York, 

New York 10007–1866. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. What was included in New York’s 

submissions for part 235? 

III. What is the EPA’s evaluation of part 235? 

IV. The EPA’s Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

Ozone Requirements 

Section 182 of the Clean Air Act 

(CAA) specifies the required SIP 

submissions and requirements for areas 

classified as nonattainment for ozone 

and when these submissions and 

requirements are to be submitted to the 

EPA by the States. The specific 

requirements vary depending upon the 

severity of the ozone problem. CAA 

section 182(b)(2)(A) requires that for 

ozone nonattainment areas classified as 

Moderate or above, States must revise 

their SIPs to include provisions to 

implement Reasonably Available 

Control technology (RACT). CAA 

section 184(b)(1)(B) extends the RACT 

obligation to all areas of the State within 

the Ozone Transport Region. In addition 

to New York being classified as 

nonattainment for the 2008 and 2015 

ozone standards for the New York 

portion of the New York-Northern New 

Jersey-Long Island, NY-NJ-CT area, New 

York is a member of the Ozone 

Transport Region. States subject to 

RACT requirements are required to 

adopt controls through the adoption of 

regulations, or by issuance of single 

source orders or permits that outline 

what the source is required to do to 

meet RACT. The Ozone Transport 

Commission developed 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 developing their own 

regulations to achieve additional 

emission reductions. The proposed 

revisions to the consumer products rule 

will provide VOC emission reductions 

to address, in part, attainment of the 

8-hour ozone standard in the New York 

portion of the New York-Northern New 

Jersey-Long Island, NY-NJ-CT 

nonattainment area, which is composed 

of the five boroughs of New York City 

and the surrounding counties of Nassau, 

Suffolk, Westchester, and Rockland. 

These revisions will also address, in 

part, the RACT requirements by 

providing VOC emission reductions 

statewide. 

II. What was included in New York’s 

submission of part 235? 

On March 2, 2021, New York 

submitted a proposed SIP revision to 

Title 6 NYCRR part 235, ‘‘Consumer 

Products,’’ including attendant revisions 

to part 200, section 200.9, ‘‘General 

Provisions, Reference material.’’ The 

EPA finds the State’s submission is 

complete. The proposed rulemaking 

applies to any person who sells, 

supplies, offers for sale, or manufactures 

consumer products for use in the State 

of New York. 

III. What is the EPA’s evaluation of part 

235? 

The most recent federally approved 

version of 6 NYCRR part 235, 

‘‘Consumer Products,’’ was published 

on May 28, 2010. See 75 FR 29897 (May 

28, 2010). The current proposed 

revision was submitted by the State on 

March 2, 2021, with a State 

enforceability date of January 1, 2022. 

The proposed regulations target a group 

of household and commonly used 

products, referred to as ‘‘consumer 

products,’’ and are submitted for EPA 

approval with the goal of limiting and 

reducing VOC emissions statewide. The 

EPA’s evaluation recognizes that the 

proposal is consistent with the Ozone 

Transport Commission Model Rule for 

consumer products and will help the 

State attain the NAAQS by improving 

air quality through reduced VOC 

emissions and promoting regional 

consumer product consistency. The 

proposed revisions to part 235 are 

expected to reduce VOC released to the 

air by 5.3 tons per day. Since the use of 

consumer products is highest in 

population centers, the reductions in 

the New York City metro area alone, 

where the 2008 ozone standard is 

exceeded, is expected to be 3.4 tons per 

day. To achieve these emission 

reductions, new product categories were 

added with new VOC limits and 

existing product categories were revised 

to reduce their VOC limits. In addition, 

revisions were made in the definitions 

section at 6 NYCRR section 235–2.1 to 

provide transitional language and to cite 

which emission standards apply before 

or after the January 1, 2022 compliance 

date. 

New Product Categories With New VOC 

Limits 

As identified in the ‘‘Table of 

Standards’’ within section 235–3.1, the 

proposed revision includes nine new 

product categories, some with subcategories, with new VOC content 

limits, percent by weight, as follows: (1) 

Air freshener product category for dual 

purpose air fresheners/disinfectants 

subcategory at 60; (2) anti-static product 

category for aerosols subcategory at 80; 

(3) automotive windshield cleaner at 35; 

(4) bathroom and tile cleaner product 

category for non-aerosols subcategory at 

1; (5) disinfectant product category for 

aerosols subcategory at 70 and nonaerosols subcategory at 1; (6) multipurpose solvent product category at 3; 

(7) paint thinner product category at 3; 

(8) sanitizers product category for 

aerosols subcategory at 70 and nonaerosols subcategory at 1; (9) temporary 

hair color product category for aerosols 

subcategory at 55. In addition, two 

existing product categories have new 

sub-categories with new VOC content 

limits, percent by weight, as follows: (1) 

Furniture maintenance product category 

for non-aerosols (except solid or paste) 

subcategory at 3; and (2) oven or grill 

cleaners product category for nonaerosols subcategory at 4. 

Reduced VOC Limits on Existing 

Product Categories 

As identified in the Table of 

Standards, section 235–3.1, the 

proposed revision includes reduced 

VOC content limits for ten existing 

product categories or subcategories, 

percent by weight, for the following: (1) 

Adhesives product category for 

construction paneling and floor 

covering subcategory reduced from 15 to 

7; (2) automotive brake cleaner[s]/brake 

cleaner product category from 45 to 10; 

(3) carburetor or fuel-injection air intake 

cleaners product category from 45 to 10; 

(4) engine degreasers product category 

for aerosols subcategory from 35 to 10; 

(5) floor polishes and waxes product 

category for flexible flooring materials 

subcategory from 7 to 1, and for nonresilient flooring subcategory from 10 to 

1; (6) general purpose cleaners product 

category for aerosols subcategory from 

10 to 8; (7) general purpose degreaser 

product category for aerosols 


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1The Ozone Transport Commission consumer 

products model rule documents can be found at 

https://otcair.org/document.asp?fview=modelrules. 

Scroll to 2018 for ‘‘Regulatory & Technical 

Guideline for Consumer Products Phase V’’ 

(formerly known as the ‘‘OTC Model Rule for 

Consumer Products’’) and technical support 

documents for emissions and costs. 

2The Ozone Transport Commission 

Memorandum of Understanding, dated June 3, 

2010, is provided in the docket. 

subcategory from 50 to 10; (8) laundry 

starch products category from 5 to 4.5; 

(9) nail polish remover product category 

from 75 to 1; (10) shaving gel product 

category from 7 to 4. 

Ozone Transport Commission 

Consumer Products Model Rule and 

Neighboring States 

New York is implementing the Ozone 

Transport Commission’s model rule for 

consumer products 1 in order to reduce 

VOC emissions and maintain regional 

product consistency in accordance with 

a Memorandum of Understanding 

among the Ozone Transport 

Commission States,2 of which New York 

is a signatory. The new and revised 

emission limits identified in the ‘‘Table 

of Standards,’’ and explained above, 

reflect New York’s contribution to 

reducing the potential emissions from 

consumer products. The VOC content 

limits for part 235 are lower than or 

equal to neighboring States and 

maintain regional product consistency. 

The EPA reviewed New York’s 

submission and confirmed that the 

regulations are consistent with similar 

regulations adopted by neighboring 

States and consistent with the Ozone 

Transport Commission Model Rule. 

Part 235 Public Notice State-Side 

New York received six public 

comments on its proposed rule. New 

York addressed the comments by: (1) 

Recognizing that consumer products can 

contain ozone precursor pollutants and 

working to reduce ozone precursor 

pollutants; (2) revising the compliance 

date to January 1, 2022 to allow 

manufacturers and distributors 

additional time to address distribution 

issues and provide compliant products 

to retail outlets, and (3) allowing 

manufacturers the option to sell the 

existing stock of products that were 

manufactured before the compliance 

date (sell-through provisions) specified 

in the ‘‘Table of Standards’’ at section 

235–3.1. 

The EPA is satisfied with New York’s 

responses to the public comments. 

Regarding the first topic addressed 

above, through its rule, New York is 

addressing emission sources to reduce 

ozone by regulating products that 

contain ozone precursor pollutant 

emissions, such as volatile chemical 

products. For example, adhesives can be 

a volatile chemical product, and the 

proposed revised emission limits will 

reduce the Construction, Panel, and 

Floor Covering adhesive category by 

more than half, from 15 to 7 percent 

VOC content by weight. Regarding the 

second topic addressed above, New 

York is revising the rule to extend the 

compliance date from January 1, 2021 to 

January 1, 2022 to address 

manufacturers’ and distributors’ 

distribution challenges and provide 

compliant products to retail outlets. 

Lastly, regarding the third topic 

addressed above, New York revised the 

sell-through provisions to allow 

manufacturers to sell their existing stock 

of products that were manufactured 

before the January 1, 2022 compliance 

date. 

Part 200, ‘‘General Provisions,’’ Section 

200.9, Table 1, ‘‘Referenced Materials’’ 

The current proposed revision 

includes attendant revisions to 6 

NYCRR part 200, ‘‘General Provisions,’’ 

section 200.9, Table 1, ‘‘Referenced 

Materials,’’ which include American 

Society for Testing Materials (ASTM) 

testing procedures, the California Air 

Resources Board (CARB) provisions 

supporting this regulation, and updated 

references to part 235. The EPA is 

satisfied that the revisions to section 

200.9 are appropriate. 

IV. The EPA’s Proposed Action 

The EPA has evaluated New York’s 

proposed revision for consistency with 

the Clean Air Act, the EPA regulations, 

and policy. The EPA is proposing to 

approve revisions to the New York SIP 

and amendment to 6 NYCRR part 235, 

‘‘Consumer Products,’’ including 

attendant revisions to 6 NYCRR part 

200, ‘‘General Provisions,’’ section 

200.9, Table 1, ‘‘Referenced Materials,’’ 

with a State effective date of February 

11, 2021. Specifically, this rulemaking 

proposes to add nine new product 

categories and two new subcategories 

with new VOC emission limits and 

proposes to reduce the VOC emission 

limits in ten existing product categories. 

The proposed revisions will help the 

State to comply with Federal 

requirements pertaining to attainment 

and maintenance of the ozone NAAQS. 

The EPA is soliciting public comments 

on the items discussed in this 

document. These comments will be 

considered before taking final action. 

V. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text that 

includes incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, the EPA is proposing to 

incorporate by reference revisions to 6 

NYCRR part 235, ‘‘Consumer Products,’’ 

including attendant revisions to 6 

NYCRR part 200, ‘‘General Provisions,’’ 

section 200.9, Table 1, ‘‘Referenced 

Materials,’’ as described in this 

preamble. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 2 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (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, the 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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735 

(October 4, 1993)) and 13563 (76 FR 

3821 (January 21, 2011)); 

• 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 note) because 


khammond on DSKJM1Z7X2PROD with PROPOSALS
33702 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 

this action does not involve technical 

standards; and 

• Does not provide the 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 

rulemaking, addressing New York’s 6 

NYCRR part 235, ‘‘Consumer Products,’’ 

is not approved to apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Volatile organic 

compounds. 

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

Lisa Garcia, 

Regional Administrator, Region 2. 

[FR Doc. 2022–11595 Filed 6–2–22; 8:45 am] 

BILLING CODE 6560–50–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS