[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59695-59697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21355]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2021-0483; FRL-9158-02-R2]


Approval of Air Quality Implementation Plans; New York; Revisions 
to Architectural and Industrial Maintenance Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 final SIP revision consists of amendments to 
regulations outlined within New York's Codes, Rules, and Regulations 
(NYCRR) that implement control measures for architectural and 
industrial maintenance coatings. The 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 for ozone. These actions are being taken in accordance with 
the requirements of the Clean Air Act.

DATES: This final rule is effective on November 2, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2021-0483. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Linda Longo, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, New York, New York 
10007-1866, at (212) 637-3565, or by email at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What is the background for this action?
II. What comments were received in response to the EPA's proposed 
action?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On August 11, 2022 (87 FR 49570), the EPA published a notice of 
proposed rulemaking that proposed to approve a State Implementation 
Plan (SIP) revision submitted by the State of New York on October 15, 
2020, for purposes of revising title 6 of the NYCRR, part 205, 
``Architectural and Industrial Maintenance Coatings.'' The EPA's 
evaluation recognizes that the SIP revision is consistent with the 
Ozone Transport Commission Model Rule for AIM coating categories and 
will help the State attain the National Ambient Air Quality Standards 
(NAAQS) by improving air quality through reduced VOC emissions and 
promoting regional AIM coating consistency. The specific details of New 
York's SIP revision submittal and the rationale for the EPA's approval 
action are explained in the EPA's proposed rulemaking and are not 
restated in this final action. For this detailed information, the 
reader is referred to the EPA's August 11, 2022, proposed rulemaking 
(87 FR 49570). The attendant revisions to 6 NYCRR part 200, ``General 
Provisions,'' section 200.9, Table 1, ``Referenced material,'' for 6 
NYCRR part 205 have been addressed under a separate rulemaking at 87 FR 
52337, effective September 26, 2022.

II. What comments were received in response to the EPA's proposed 
action?

    The EPA provided a 30-day review and comment period for the August 
11, 2022, proposed rule. The comment period ended on September 12, 
2022. We received no comments on the EPA's action.

III. What action is the EPA taking?

    The EPA is approving New York's revisions to the New York SIP and 
amendment to 6 NYCRR part 205, ``Architectural and Industrial 
Maintenance Coatings,'' with a State effective date of January 11, 
2022. Specifically, this rulemaking will reduce VOC emissions for 12 
coating categories, create VOC limits for 12 additional coating 
categories, eliminate 15 coating categories without relaxation of the 
regulation, and narrow the exemption previously provided to coatings 
sold in one-liter (or quart-size) containers, referred to the as the 
``quart exemption.'' The revisions will help the State to comply with 
Federal requirements pertaining to attainment and maintenance of the 
ozone NAAQS.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
6 NYCRR part 205, ``Architectural and Industrial Maintenance 
Coatings,'' regulations described in the amendments to 40 CFR part 52 
as discussed in section III of this preamble.

[[Page 59696]]

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). Therefore, 
these materials have been approved by the EPA for inclusion in the 
State Implementation Plan, have been incorporated by reference by the 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
the EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. 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 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:
     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 Clean Air 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where 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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and the 
Comptroller General of the United States. 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 December 2, 2022. 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, Incorporation by 
reference, Ozone, Volatile organic compounds.

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

Lisa Garcia,
Regional Administrator, Region 2.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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, paragraph (c) is amended in the table by revising 
the entry for ``Title 6, Part 205'' to read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved New York State Regulations and Laws
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                                                                State       EPA approval
          State citation                Title/subject      effective date       date              Comments
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                                                  * * * * * * *
Title 6, Part 205.................  Architectural and           1/11/2022       10/3/2022   EPA approval
                                     Industrial                                             finalized at [insert
                                     Maintenance Coatings.                                  Federal Register
                                                                                            citation].
 
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[FR Doc. 2022-21355 Filed 9-30-22; 8:45 am]
BILLING CODE 6560-50-P


