[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Proposed Rules]
[Pages 27464-27468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12772]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No.129, NY10-1-6212, FRL-5210-1]
Approval and Promulgation of Implementation Plans; New York State
Implementation Plan Revision
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency is proposing to approve a
revision to the New York State Implementation Plan (SIP) related to the
control of volatile organic compounds. The SIP revision consists of
amendments to Part 200, ``General Provisions,'' Part 201, ``Permits and
Certificates,'' Part 228, ``Surface Coating Processes,'' Part 229,
``Petroleum and Volatile Organic Liquid Storage,'' Part 233,
``Pharmaceutical and Cosmetic Manufacturing Processes,'' and Part 234,
``Graphic Arts.'' The amendments extend reasonably available control
technology rules to enlarged nonattainment areas and to areas of the
Northeast Ozone Transport Region as required by the Clean Air Act. In
addition, the amendments to Part 228 correct deficiencies in New York's
existing SIP, as required by the Clean Air Act.
DATES: Comments must be received on or before June 23, 1995.
ADDRESSES: All comments should be addressed to: William S. Baker, Chief
Air Programs Branch, Environmental Protection Agency, Region II Office,
290 Broadway, New York, New York 10007-1866.
Copies of the State submittal are available at the following
addresses for inspection during normal business hours: Environmental
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway,
20th Floor, New York, New York 10007-1866.
New York State Department of Environmental Conservation, Division
of Air Resources, 50 Wolf Road, Albany, New York 12233.
FOR FURTHER INFORMATION CONTACT: Paul R. Truchan, State Implementation
Plan Section, Air Programs Branch, Environmental Protection Agency, 290
Broadway, 20th Floor, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Background
The Clean Air Act (Act) as amended in 1990 sets forth a number of
requirements that states with areas designated as nonattainment for
ozone must satisfy and a timetable for satisfying these requirements.
These requirements are further explained in the General Preamble to the
Act (57 FR 13513), which was published on April 16, 1992. The specific
requirements vary depending upon the severity of the ozone problem. One
of the requirements, and the subject of this proposed rulemaking, is
for states to adopt reasonably available control technology (RACT)
rules for various volatile organic compound (VOC) [[Page 27465]] source
categories. Section 182 sets forth two separate RACT requirements for
ozone nonattainment areas. The first requirement, contained in Section
182(a)(2)(A) and referred to as RACT fix-up, requires the correction of
RACT rules for which EPA identified deficiencies before the Act was
amended in 1990. The second requirement, set forth in Section
182(b)(2), applies to moderate (and above) ozone nonattainment areas.
The goal of this latter requirement is to ensure that areas not
required previously to adopt RACT for some or all of the major
stationary sources, adopt rules and ``catch-up'' to those areas subject
to more stringent RACT requirements. In addition, the RACT catch-up
provision requires certain areas to apply RACT to smaller sources
because the definition of major source has been changed to include
smaller sources.
The State has previously adopted regulations addressing some of
these requirements and EPA has approved many of these revisions to the
New York State Implementation Plan (SIP). On March 8, 1993, New York
submitted a SIP revision addressing more of these requirements. This
SIP revision is the subject of this proposed action.
In New York the applicability of these requirements varies
depending on whether the source category is in an area previously
designated nonattainment (New York City and the counties of Nassau,
Suffolk, Westchester and Rockland), a nonattainment area where the
boundaries have been extended by the Act (the towns of Blooming Grove,
Chester, Highlands, Monroe, Tuxedo, Warwick and Woodbury in Orange
County), or an area within the Northeast Ozone Transport Region (the
entire State). There are also areas in New York which are designated as
marginal nonattainment (parts or all of the counties of Albany, Greene,
Montgomery, Rensselaer, Saratoga, Schenectady, Erie, Niagara, Essex,
and Jefferson.) There are no RACT requirements for these areas because
of their marginal designation, but these areas are subject to the RACT
requirements for an area within the Northeast Ozone Transport Region.
On October 6, 1994, Dutchess and Putnam counties and portions of Orange
County were reclassified as moderate nonattainment (See section ahead
entitled ``Requirements for nonattainment areas with expanded
boundaries'').
Requirements for Previously Designated Nonattainment Areas
The New York portion of the ``New Jersey, New York, Connecticut
interstate metropolitan air quality control region'' (composed of New
York City and the counties of Nassau, Suffolk, Westchester and
Rockland) was previously designated nonattainment for ozone. Under the
amended Act, EPA included these areas as part of the New York-Northern
New Jersey-Long Island Nonattainment Area and classified it as severe
nonattainment for ozone.
Section 182(a)(2)(A) of the Act requires states with ozone
nonattainment areas classified as marginal or above, to fix their
deficient RACT rules for ozone precursors in accordance with EPA's pre-
enactment guidance by May 15, 1991. New York made SIP submittals
addressing this requirement and EPA approved this submittal with the
exception of two remaining deficiencies for the New York portion of the
New York-Northern New Jersey-Long Island Nonattainment Area on July 27,
1993 (58 FR 40057 and 58 FR 40062). New York's March 8, 1993 SIP
revision corrects these two remaining deficiencies as described later
in this proposal.
Section 182(b)(2) of the Act requires states with ozone
nonattainment areas classified as moderate or above to develop RACT for
(1) all pre-enactment Control Technology Guideline (CTG) source
categories; (2) all sources subject to post-enactment CTGs; and (3) all
other major sources in those areas.
With regard to the first requirement, the pre-amended Act required
ozone nonattainment areas to adopt RACT rules for certain sources of
VOC emissions. EPA issued three sets of CTGs, establishing a
``presumptive norm'' for RACT for various categories of VOC sources.
The three sets of CTGs were (1) Group I--issued before January 1978 (15
CTGs); (2) Group II--issued in 1978 (9 CTGs); and (3) Group III--issued
in the early 1980's (5 CTGs). New York was required to adopt RACT rules
for all of the CTG sources. New York had already developed RACT rules
for the pre-enactment CTG sources. Therefore nothing further is
required to fulfill this portion of the requirement.
With regard to the second requirement, New York has followed the
process set forth by EPA in its CTG document issued as Appendix B to
the General Preamble. In Appendix B, EPA provides that states could
delay submission of non-CTG rules for those sources the state
anticipates will be covered by one of EPA's 11 proposed post-enactment
CTGs. Section 183(a) requires EPA to issue these 11 CTGs by November
15, 1993 and, when each is issued to establish a schedule for state
adoption. Therefore, New York would be required to adopt by that
schedule. Should EPA not issue a CTG by November 15, 1994, then New
York would have to adopt RACT for those major source categories by
November 15, 1994.
On November 15, 1993, EPA published a CTG for reactor processes and
distillation operations in the synthetic organic chemical manufacturing
industry. On March 23, 1994, in 56 FR 13717, EPA published an addendum
to that CTG. In that addendum EPA explained that states are required to
adopt RACT rules for this CTG category by March 23, 1995 and that
sources must be in compliance with these rules no later than November
15, 1996. EPA did not issue any additional CTGs by the November 15,
1993 deadline. Therefore, in order to meet the Appendix B requirement,
New York must adopt RACT rules for reactor processes and distillation
operations in the synthetic organic chemical manufacturing industry by
March 23, 1995. In addition, New York must adopt RACT rules for all
major sources which would be subject to other post-enactment CTG
categories by November 15, 1994.
With regard to the third requirement, Section 182(d) of the Act
defines major sources in severe ozone nonattainment areas as sources
capable of emitting 25 tons or more of VOC per year. Therefore, New
York was required to adopt RACT rules for all sources that exceed this
25 ton per year cut-off by November 15, 1992.
New York had already developed RACT rules for the pre-enactment CTGs in
this area. These rules all meet the 25 ton per year cutoff or a lower
cutoff specified by the applicable CTG, therefore, nothing further is
needed to fulfill this portion of the requirement for pre-enactment CTG
sources. New York's March 8, 1993 submittal is intended to address some
of the RACT requirements for non-CTG major sources including: volatile
organic liquid storage (other than gasoline), marine tanker loading and
pharmaceutical manufacturing processes (other than synthesized
processes). These regulations are addressed in this proposal. In a
January 15, 1992 letter, EPA notified the Governor of New York that it
was starting the sanction process required by Section 179(a) of the
Act,\1\ because of [[Page 27466]] New York's failure to completely
address the requirement to develop RACT regulations for all non-CTG
major sources. On July 8, 1994, New York submitted the necessary
regulations which EPA found complete on July 13, 1994 thereby stopping
the sanction process. These regulations will be the subject of a future
Federal Register notice.
\1\ Section 179(a) of the Act requires that EPA impose sanctions
18 months after finding: that a state has failed to submit a SIP or
an element of a SIP that is required by the Act; that a State has
submitted a SIP or an element of a SIP that is incomplete; or that
EPA disapproves a SIP submission for a nonattainment area.
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Requirements for Nonattainment Areas With Expanded Boundaries
On November 6, 1991 (56 FR 56694), EPA extended the boundaries of
the New York-Northern New Jersey-Long Island Nonattainment Area to
include Putnam and Orange counties. New York, however, requested time
to study the boundaries and classification under Section
187(d)(4)(A)(iv). Based on New York's study, EPA confirmed that the
southern part of Orange County (the towns of Blooming Grove, Chester,
Highlands, Monroe, Tuxedo, Warwick and Woodbury) should remain in the
New York-Northern New Jersey-Long Island Nonattainment Area with a
nonattainment classification of severe and that Putnam County should be
included in the Poughkeepsie Area with a nonattainment classification
of marginal. The northern portion of Orange County was classified as
attainment for ozone. Therefore, only the southern portion of Orange
County described previously was covered by the extended nonattainment
area boundary provisions.
The southern portion of Orange County was not subject to the
Section 182(a)(2)(A) RACT fix-up requirement. However, under Section
182(b)(2), the State was required to submit RACT rules for all sources
subject to a pre-enactment CTG or a post-enactment CTG and to submit
RACT rules for all other major VOC sources. For this area, a major
source is one that has the potential to emit greater than 25 tons per
year.
New York's March 8, 1993 SIP revision extended the applicability of
New York's RACT rules for sources covered by pre-enactment CTGs to the
towns in the southern portion of Orange County and it also adds control
requirements for some non-CTG RACT sources in this area. These
regulations are addressed in this proposal. As was explained earlier
for the previously designated portion of the New York-Northern New
Jersey-Long Island Nonattainment Area, the State needed to make
additional submissions with respect to non-CTG RACT rules. This was
also true for the expanded portion of the New York-Northern New Jersey-
Long Island Nonattainment Area. The State has now made the necessary
submissions which will be the subject of a future Federal Register
notice.
It should be noted that on October 6, 1994 (59 FR 50848), EPA
reclassified Dutchess, Putnam and the northern portion of Orange County
as moderate nonattainment for ozone. The new moderate classification
changes the requirements for these areas. However, since these areas
are in the Northeast Ozone Transport Region there will be a minimum of
changes needed to the regulations. The State should still review the
regulations to determine if administrative changes are needed.
Requirements for Areas in the Northeast Ozone Transport Region
Because ozone is a regional problem, Section 184(a) of the Act
included all of New York State in the Northeast Ozone Transport Region.
Section 184(b)(1)(B) requires areas that are part of the Ozone
Transport Region to implement RACT rules for VOC sources. This
requirement includes sources subject to pre-enactment CTGs, sources
subject to post-enactment CTGs, and all non-CTG sources with the
potential to emit more than 50 tons of VOCs per year.
New York's March 8, 1993, SIP revision extended the applicability
of New York's RACT rules for sources covered by pre-enactment CTGs
statewide and it also adds control requirements for some non-CTG RACT
sources. These regulations are addressed in this proposal. As was
explained earlier for the portions of New York which are designated as
severe, the State needed to make additional submissions with respect to
non-CTG RACT rules. This was also true for the remainder of the State.
The State has now made the necessary submissions which will be the
subject of a future Federal Register notice.
SIP Deficiencies
EPA has identified a number of deficiencies in New York's Ozone
SIP. New York made a number of submittals intending to address these
deficiencies but on October 16, 1991, EPA wrote to the Governor of New
York, informing him that New York had missed the May 15, 1991 deadline
to correct all of the RACT deficiencies that EPA had previously
identified. This initiated the sanction process required by Section
179(a) of the Act.
The specific problems that EPA identified were the failure to
develop a control measure regulating the detection and repair of
component leaks at synthetic organic chemical manufacturing industry
(SOCMI) facilities, an inadequate definition for VOC, and inadequate
emission limitations for certain surface coatings.
On January 8, 1992, New York submitted SIP revisions that addressed
the missing control measures for SOCMI facilities and the inadequate
definition of VOC. EPA approved this SIP revision on July 27, 1993 (58
FR 40057).
In its March 8, 1993, SIP revision, New York addressed the
remaining SIP deficiencies. EPA's April 9, 1993, determination that
this submittal was complete stopped the sanctions process initiated on
October 16, 1991. EPA's action on these rules is addressed in this
proposal.
State Submittals
On March 8, 1993, New York submitted to EPA a request to revise its
SIP. The revisions consisted of amendments to Part 200, ``General
Provisions,'' Part 201 ``Permits and Certificates,'' Part 228,
``Surface Coating Processes,'' Part 229 ``Petroleum and Volatile
Organic Liquid Storage and Transfer,'' Part 233, ``Pharmaceutical and
Cosmetic Manufacturing Processes,'' and Part 234, ``Graphic Arts'' of
Title 6 of the New York Code of Rules and Regulations. These
regulations were adopted on February 27, 1993, and became effective on
March 29, 1993. These regulations address, in part, the requirements of
the Clean Air Act explained previously. It should be noted that because
the specific requirements of the Act which New York must address vary
by the severity of the ozone problem in a specific area, the
applicability of New York's regulations also vary by area. A summary of
EPA's review and findings concerning these regulations follows. For a
more detailed analysis, see the technical support document which is
available at EPA's Region 2 office.
Part 200--General Provisions
A definition for ``Lower Orange County Metropolitan Area'' was
added to Part 200. The definition is consistent with EPA's current non-
attainment designation. In addition, Part 200 was updated to reflect
numbering changes made previously to other regulations dealing with
references to test methods. EPA proposes to fully approve Part 200.
Part 201--Permits and Certificates
EPA's past approval of Part 201 dates back to 1981 and the
regulation has been revised from time to time since then. Some of the
current revisions were [[Page 27467]] necessary to extend the
applicability of Part 201 to source categories which were previously
exempted from these requirements. Other changes were made which clarify
when a certificate to operate is required, when a certificate to
construct or operate can be transferred, and when a certificate to
operate ceases to be valid. On June 28, 1989 (54 FR 27274), EPA
provided guidance on what requirements a state operating permit program
must meet in order to part of a SIP. There are, however, certain
inconsistencies between Part 201 and EPA's guidance pertaining to
public participation procedures. EPA is in the process of preparing
additional guidance which may necessitate changes to state permit
programs similar to Part 201. EPA is proposing to approve the current
revisions to Part 201 because they are necessary for the efficient
administration of the expanded RACT regulations discussed later in this
proposal. EPA may in the near future notify New York that Part 201 must
be revised in order for Part 201 to remain in the SIP.
Part 228--Surface Coating Processes
New York has made two corrections to Part 228 to address existing
deficiencies in New York's RACT rules as required by Section
182(a)(2)(A) of the Act. These corrections involve removing an
exemption for high performance aluminum architectural coatings
previously contained in 228.3(a)(2)(v), and removing an emission limit
for clear coating of metal furniture previously contained in 228.8
table 1. Sources that were previously regulated under these provisions
must now meet the requirements for miscellaneous metal parts and metal
furniture respectively contained in the revised Part 228. EPA is
proposing to approve both of these changes. These changes correct the
last of the deficiencies in New York's SIP that were required to be
corrected under Section 182(a)(2)(A). New York's submission of a SIP
which met EPA's completeness criteria (40 CFR 51 Appendix V) stopped
the sanction process required by Section 179(a).
New York has also extended the applicability of sources regulated
by Part 228 to cover unregulated sources in upstate New York. Depending
upon the type of surface coating operation, the regulation applies to
sources with potential annual emissions of VOCs of either 10 tons or 50
tons. New York has required that certain surface coating operations
must be regulated at sources with potential annual emissions of 10 tons
to meet requirements set forth in CTGs for surface coating operations.
New York has regulated additional types of surface coating operations
at facilities with the potential annual emissions of 50 tons to satisfy
the Section 184(b) requirement to require RACT for all major sources of
VOCs. The applicability of Part 228 has also been extended to include
the seven towns in southern Orange County that have been added to the
New York-Northern New Jersey-Long Island Nonattainment area. The
applicability in southern Orange County extends to sources with
potential annual emissions of either 10 tons or 25 tons, depending upon
the type of surface coating source being regulated. Sources must comply
with these new requirements by June 1, 1995. This date is consistent
with the Act's requirement that sources required to be regulated be in
compliance with RACT requirements ``as expeditiously as practicable but
no later than May 31, 1995.''
New York has also removed from the rule, a facility wide reduction
plan (bubble) as a compliance option. Part 228 previously contained
generic provisions allowing for the mathematical combination of VOC
emissions or ``bubble'' provisions. These provisions were not
consistent with EPA's Emission Trading Policy (51 FR 43814, December 4,
1986) because New York had not attained the national ambient air
quality standard for ozone by December 31, 1987 and its SIP was found
to be substantially inadequate. New York decided to eliminate these
bubble provisions as a control option. This change makes Part 228
consistent with EPA's Emission Trading Policy.
In addition to making changes required by the Act, New York has
made a number of other changes to Part 228. New York added a low use
specialty coating exemption. To be exempted: each low-use specialty
coating to be exempted must be identified in the plants permit and
approved by the State prior to exemption, the plant-wide total exempted
coating usage cannot exceed 55 gallons from all coatings, the source
must maintain records on an as used basis for each exempted and non-
exempted coating, and the annual potential to emit of these exempt
coatings can not exceed five percent of the facility's total annual
potential to emit. Since this is consistent with EPA's August 10, 1990
guidance, EPA is proposing to approve it. New York also revised Part
228 to clarify that sources are allowed the option of either
reformulating coatings or using control equipment to reduce VOC
emissions. The control efficiency required is the lesser of the control
efficiency required to meet the coating limits required for
reformulated coatings calculated on a solids as applied basis or 85%.
EPA proposes to fully approve Part 228.
Part 229--Petroleum Liquid Storage Facilities
Control requirements were added for the transfer of gasoline at
gasoline bulk plants and loading terminals in upstate New York that
were previously uncontrolled. Control requirements were also added for
the storage of volatile organic liquids (other than gasoline) and
marine gasoline loading facilities statewide. Marine gasoline loading
facilities at all gasoline storage and distribution facilities which
have a daily throughput of greater than 20,000 gallons must be equipped
with and operating a vapor control system. The final compliance date
for newly regulated sources is June 1, 1995, except for marine vessel
loading facilities which must be in compliance by November 15, 1994.
EPA proposes to fully approve Part 229.
Part 233--Pharmaceutical Manufacturing Processes
The applicability of Part 233 was extended to control unregulated
sources in upstate New York. In addition, control requirements were
added for non-synthesized pharmaceutical manufacturing processes and
for cosmetic manufacturing processes statewide. These sources must
control emissions from: process equipment, air dryer and production
equipment exhausts, VOC transfers, centrifuges and filters, in process
tanks and leaks. All newly regulated sources must comply with these
requirements by June 1, 1995. New York has also removed facility wide
emission reduction plans (bubbles) as a compliance option. EPA proposes
to fully approve Part 233.
Part 234--Graphic Arts
The applicability of Part 234 was extended to control unregulated
sources in upstate New York that have potential annual emissions of 50
tons or more. In addition, the applicability has been extended to
sources located in the seven towns in southern Orange County that are
part of the New York-Northern New Jersey-Long Island Nonattainment
area. The applicability to these sources extends down to those with 25
tons or more of potential annual emissions. Statewide control
requirements were also added for screen printing operations and offset
lithographic printing operations. New York has also added provisions
regulating the handling, storage and disposal of VOCs. An opacity
limitation was also added [[Page 27468]] for all sources subject to
this regulation. EPA proposes to fully approve Part 234.
Conclusion
EPA is proposing full approval of Parts 200, 201, 228, 229, 233 and
234 because they are consistent with EPA policy and guidance and also
meet the requirements of Sections 110, 182(a)(2)(A), 182(b)(2) and
184(b) of the Act.
Nothing in this proposal should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et. seq.,
EPA must prepare a regulatory flexibility analysis assessing the impact
of any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and
604. Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under Section 110 and subchapter I, Part D of the Act
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moveover,
due to the nature of the federal-state relationship under the Act,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
Act forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. US EPA, 427 US 246, 256-66 (S.Ct. 1976); 42
U.S.C. Sec. 7410(a)(2).
The Office of Management and Budget has exempted these actions from
review under Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C 7401-7671q.
Dated: May 2, 1995.
William Muszynski,
Acting Regional Administrator.
[FR Doc. 95-12772 Filed 5-23-95; 8:45 am]
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