[Federal Register: July 16, 2003 (Volume 68, Number 136)]
[Proposed Rules]
[Page 41987-41988]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy03-37]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. NY61-259, FRL-7528-5]
Approval and Promulgation of Implementation Plans; New York State
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 revision to the New York State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds. The SIP
revision consists of amendments to New York Codes, Rules and
Regulations, Part 228, ``Surface Coating Processes.'' This SIP revision
consists of a control measure needed to meet the shortfall emissions
reduction identified by EPA in New York's 1-hour ozone attainment
demonstration SIP. The intended effect of this action is to approve a
control strategy required by New York's SIP which will result in
emission reductions that will help achieve attainment of the national
ambient air quality standard for ozone.
DATES: Comments must be received on or before August 15, 2003.
ADDRESSES: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Raymond Werner, Chief, Air
Programs Branch, Environmental Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New York 10007-1866. Electronic
comments could be sent either to Werner.Raymond@epa.gov or to http://www.regulations.gov
, which is an alternative method for submitting
electronic comments to EPA. Go directly to http://www.regulations.gov,
then select ``Environmental Protection Agency'' at the top of the page
and use the ``go'' button. Please follow the on-line instructions for
submitting comments.
A copy of the New York's submittal is available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866.
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 or Wieber.Kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What Is Required by the Clean Air Act and How Does It Apply to New
York?
Section 182 of the Clean Air Act (Act) specifies the required State
Implementation Plan (SIP) submissions and requirements for areas
classified as nonattainment for ozone and when these submissions and
requirements are to be submitted to EPA by the states. The specific
requirements vary depending upon the severity of the ozone problem. The
New York--Northern New Jersey--Long Island area is classified as a
severe ozone nonattainment area. Under section 182, severe ozone
nonattainment areas were required to submit demonstrations of how they
would attain the 1-hour standard. On December 16, 1999 (64 FR 70364),
EPA proposed approval of New York's 1-hour ozone attainment
demonstration SIP for the New York--Northern New Jersey--Long Island
nonattainment area. In that rulemaking, EPA identified an emission
reduction shortfall associated with New York's 1-hour ozone attainment
demonstration SIP, and required New York to address the shortfall. In a
related matter, the Ozone Transport Commission (OTC) developed six
model rules which provided control measures 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 to close emission shortfalls.
On February 4, 2002 (67 FR 5170), EPA approved New York's 1-hour
ozone attainment demonstration SIP. This approval included an
enforceable commitment submitted by New York to adopt additional
control measures to close the shortfall identified by EPA for
attainment of the 1-hour ozone standard.
II. What Was Included in New York's Submittal?
On April 30, 2003, Carl Johnson, Deputy Commissioner, New York
State Department of Environmental Conservation (NYSDEC), submitted to
EPA a revision to the SIP which included state-proposed revisions to
NYCRR, Part 228, ``Surface Coating Processes.'' The proposed revisions
to Part 228 will provide volatile organic compound (VOC) emission
reductions to address, in part, the shortfall identified by EPA. New
York used the OTC model rule as a guideline to develop Part 228.
A. What Do the Revisions to Part 228, ``Surface Coating Processes''
Consist Of?
The majority of the proposed revisions to part 228 pertain to
mobile equipment repair and refinishing (MERR) requirements, including
VOC content limits for several MERR coating lines. The proposed
revisions to part 228 establish that, beginning January 1, 2005, a
person may not apply to mobile equipment or mobile equipment components
any automotive pretreatment primer, automotive primer-surfacer,
automotive primer-sealer, automotive topcoat or automotive specialty
coatings that contain VOCs in excess of the VOC
[[Page 41988]]
content limits specified by New York for those products.
In addition, the proposed revisions to part 228 establish that,
beginning January 1, 2001, a person at a facility subject to the MERR
provisions of Part 228 must use one or more of the following
application techniques to apply MERR or color-matching coatings: flow/
curtain coating; dip coating; cotton-tipped swab application; electro-
deposition coating; high-volume, low-pressure spraying; electrostatic
spray; airless spray; and other coating application methods approved by
the NYSDEC which can achieve emission reductions equivalent to high-
volume, low-pressure spray or electrostatic spray application methods.
The proposed revisions to part 228 also include clarifications to
definitions; permit requirements; exemptions; VOC emission control
requirements; test methods, including capture efficiency test protocols
and test methods; equipment cleaning specifications; and recordkeeping
requirements.
III. What Is EPA's Conclusion?
EPA has evaluated New York's submittal for consistency with the
Act, EPA regulations, and EPA policy. EPA has determined that the
proposed revisions made to part 228, entitled, ``Surface Coating
Processes'' meet the SIP revision requirements of the Act.
In addition, the proposed revisions to part 228, ``Surface Coating
Processes'' are being processed under a procedure called parallel
processing, whereby EPA proposes rulemaking action concurrent with the
state's procedures for amending its regulations. If the proposed
revisions to part 228 are substantially different than those identified
in this document, EPA will evaluate those changes and may publish
another notice of proposed rulemaking. If no substantial changes are
made to part 228 as cited in this document, EPA will publish a final
rulemaking on the revisions. The final rulemaking action by EPA will
occur only after the SIP revision has been adopted by New York and
submitted formally to EPA for incorporation into the SIP.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Public Law 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Act. This proposed rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This proposed rule does not impose
an information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: July 1, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 03-18003 Filed 7-15-03; 8:45 am]
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