Approval and Promulgation of Implementation Plans; New York State Implementation Plan Revision, 2358-2360 [05-712]
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Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Region 2 Docket No. R02–OAR–2004–NY–
0001; FRL–7852–5]
Approval and Promulgation of
Implementation Plans; New York State
Implementation Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a request
from New York to revise its State
Implementation Plan (SIP) for ozone to
incorporate revisions to subpart 227–2
‘‘Reasonably Available Control
Technology (RACT) for Oxides of
Nitrogen (NOX)’’ of Part 227 ‘‘Stationary
Combustion Installations’’ of title 6 of
the Official Compilation of Codes, Rules
and Regulations of the State of New
York (6NYCRR). The revision relates to
the control of oxides of nitrogen
emissions from stationary industrial
sources. This SIP revision consists of a
control measure needed to meet the
shortfall in emissions reduction
identified by EPA in New York’s onehour ozone attainment demonstration
SIP.
The intended effect of this rule is to
approve a control strategy which will
result in emission reductions that will
help achieve attainment of the national
ambient air quality standard for ozone
required by the Clean Air Act.
EFFECTIVE DATE: This rule will be
effective February 14, 2005.
ADDRESSES: Copies of the state
submittal(s) are 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, 2nd Floor, Albany, New
York 12233.
FOR FURTHER INFORMATION CONTACT:
Anthony (Ted) Gardella
(Gardella.Anthony@epa.gov) for specific
questions on New York’s NOX RACT
SIP revision or Kirk J. Wieber
(Wieber.Kirk@epa.gov) for specific
questions on New York’s ozone
attainment demonstration; Air Programs
Branch, Environmental Protection
Agency, 290 Broadway, 25th Floor, New
York, New York 10007–1866, (212) 637–
3892 or (212) 637–3381, respectively.
SUPPLEMENTARY INFORMATION:
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I. What Action Is EPA Taking Today?
II. What Comments Were Received and How
Has EPA Responded to Them?
III. What Role Does This Rule Play in the
Ozone SIP?
IV. What Are EPA’s Conclusions?
V. Administrative Correction to Section
52.1679 EPA-Approved New York State
Regulations
VI. Statutory and Executive Order Reviews
I. What Action Is EPA Taking Today?
EPA is approving a revision to New
York’s ground level ozone State
Implementation Plan (SIP) which New
York submitted on February 18, 2004.
The SIP revision includes amendments
to the following two regulations:
Subpart 227–2 entitled ‘‘Reasonably
Available Control Technology (RACT)
for Oxides of Nitrogen (NOX)’’ of part
227 entitled, ‘‘Stationary Combustion
Installation;’’ and subpart 201–3
entitled, ‘‘Exemptions and Trivial
Activities,’’ of part 201 entitled,
‘‘Permits and Registration,’’ all of which
are part of title 6 of the New York Codes
of Rules and Regulations. These
amended rules were adopted on January
9, 2004. New York submitted the
regulations in order to strengthen its
one-hour ozone SIP. New York amended
subpart 227–2 for the purpose of
achieving additional reductions of NOX
emissions in response to emission
reduction shortfalls identified by EPA
(64 FR 70364; December 16, 1999) for
attainment of New York’s one-hour
ozone standard. New York amended
subpart 201–3 to be consistent with
amendments to subpart 227–2. EPA has
determined that New York’s submittal is
fully approvable as a SIP strengthening
measure for New York’s one-hour
ground level ozone SIP. The reader is
referred to the proposed rulemaking (69
FR 59839; October 6, 2004) for
additional details.
II. What Comments Were Received and
How Has EPA Responded to Them?
The public comment period on EPA’s
proposed approval of New York’s
February 18, 2004 SIP submittal ended
on November 5, 2004. EPA received no
comments on the proposed approval
action.
III. What Role Does This Rule Play in
the Ozone SIP?
When EPA evaluated New York’s onehour ozone attainment demonstrations,
EPA determined that additional
emission reductions were needed for the
State’s severe nonattainment area in
order for the State to attain the one-hour
ozone standard with sufficient surety
(64 FR 70364; December 16, 1999). EPA
provided that the states in the Ozone
Transport Region could achieve these
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emission reductions through regional
control programs. New York decided to
participate with the other states in the
Northeast in an Ozone Transport
Commission (OTC) regulatory
development effort which lead to six
model control measures. The New York
rule, which was adopted by the State on
January 9, 2004, incorporates a portion
of the OTC model rule for additional
NOX control measures. The emission
reductions from this control measure
will provide additional emission
reductions towards attaining the onehour ozone standard and will be
important in attaining the 8-hour ozone
standard.
IV. What Are EPA’s Conclusions?
EPA has evaluated New York’s
submittal for consistency with the Clean
Air Act, EPA regulations, and EPA
policy. The proposed new control
measures will strengthen the SIP by
providing additional NOX emission
reductions. Accordingly, EPA is
approving the revision to subpart 227–
2, as adopted on January 9, 2004, into
New York’s ozone SIP. Because of
previous changes to subpart 201–3
independent of today’s rulemaking, EPA
will take action on the revisions to
subpart 201–3, as adopted by New York
on January 9, 2004, at a later date.
In revising subpart 227–2, New York
deleted the final compliance date
applicable to sources because the date
had passed, and sources are now
expected to be in compliance. EPA
believes that the deletion makes it less
clear to sources obligated to comply
with the May 31, 1995 compliance date
in the Clean Air Act and in the
previously approved SIP that they are
obliged to have complied by that date.
Nevertheless, deletion of the date does
not eliminate the effective date
established by the prior SIP approved
rule or the Clean Air Act and thus does
not impact on the State and EPA’s
authority to enforce. In the event EPA
needs to take enforcement action, it will
base penalties for noncompliance on the
final compliance date in effect at the
time of the violation.
V. Administrative Correction to Section
52.1679 EPA-Approved New York State
Regulations
New York submitted part 215 ‘‘Open
Fires’’ (state effective date June 16,
1972) as part of the SIP and EPA
incorporated it into the SIP (see 40 CFR
52.1670(c)(6)). In a subsequent SIP
revision dated August 10, 1979 the State
submitted a request to incorporate
additional regulations and include
current versions of the regulations
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Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Rules and Regulations
previously included in the SIP. One of
these regulations was part 215.
In EPA’s proposed approval of the
August 10, 1979 SIP revision (46 FR
19829; April 1, 1981) EPA stated that
part 215 had not been changed from the
version that was incorporated into the
SIP and that no further action was
necessary. EPA finalized that
rulemaking on November 12, 1981 (46
FR 55690) and created a table of
approved regulations in section 52.1679
‘‘EPA-approved New York State
regulation.’’ However, part 215 was
inadvertently not included in the
section 52.1679 table.
As part of today’s rulemaking, EPA is
correcting this omission and is adding
part 215 to the table of approved New
York regulations.
VI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this 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 action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this 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 approves 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
(Pub. L. 104–4).
This 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
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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
approves a State rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This 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 Clean Air 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 Clean Air 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 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.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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 March 14, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
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2359
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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 13, 2004.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. Section 52.1670 is amended by
adding new paragraph (c)(106) to read as
follows:
I
§ 52.1670
Identification of plan.
*
*
*
*
*
(c) * * *
(106) Revisions to the State
Implementation Plan submitted on
February 18, 2004, by the New York
State Department of Environmental
Conservation which consists of control
measures that will achieve reductions in
NOX emissions from stationary
combustion sources that will help
achieve attainment of the national
ambient air quality standard for ozone.
(i) Incorporation by reference:
(A) Regulation subpart 227–2
‘‘Reasonably Available Control
Technology (RACT) for Oxides of
Nitrogen (NOX)’’ of part 227 ‘‘Stationary
Combustion Installations’’ of title 6 of
the Official Compilation of Codes, Rules
and Regulations of the State of New
York (6NYCRR), filed on January 12,
2004, and effective on February 11,
2004.
3. Section 52.1679 is amended by
adding a new entry for part 215 under
title 6 and revising the entry for part 227,
subpart 227–2 under Title 6 as follows:
I
§ 52.1679 EPA-approved New York State
regulations.
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Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Rules and Regulations
State
effective
date
New York State regulation
EPA approved date
Comments
Title 6:
*
*
*
Part 215, Open Fires .....................................................
*
6/16/72
*
9/22/72, 37 FR 19814
*
*
*
Subpart 227–2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOX).
*
2/11/04
*
*
1/13/05 [insert publication and FR page citation of this
notice]
*
*
*
[FR Doc. 05–712 Filed 1–12–05; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CC Docket No. 98–67, CG Docket No. 03–
123; DA 04–3709]
Expiration of Waiver of Three-Way
Calling Requirement for Providers of
Telecommunications Relay Services
Federal Communications
Commission.
ACTION: Expiration of waiver; request for
comment.
AGENCY:
SUMMARY: In this document, the
Commission announces that the oneyear waiver of the requirement that
telecommunications relay service (TRS)
providers (including providers of
captioned telephone service) offer threeway calling will expire on February 25,
2005. This document seeks comment on
whether TRS providers will be able to
offer this feature as of that date, or
whether it is necessary to extend this
waiver. This document also seek
comment on whether, instead of a
waiver, the requirement might be
modified or clarified, and, if so, how.
DATES: One-year waiver expires
February 25, 2005. Interested parties
may file comments in this proceeding
on or before December 17, 2004. Reply
comments may be filed on or before
December 30, 2004.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Dana Jackson, Consumer &
Governmental Affairs Bureau, Disability
Rights Office at (202) 418–2247 (voice),
(202) 418–7898 (TTY), or e-mail at
Dana.Jackson@fcc.gov.
On July
17, 2003, the Commission released a
Second Report and Order, Order on
SUPPLEMENTARY INFORMATION:
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14:42 Jan 12, 2005
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*
*
Reconsideration (Second Improved TRS
Order), published at 68 FR 50973,
August 25, 2003, in CC Docket No. 98–
67; FCC 03–112. In the Second
Improved TRS Order, the Commission
required that TRS providers offer threeway calling as a standard feature of TRS.
This is a summary of the Commission’s
document DA 04–3709, released
November 30, 2004. When filing
comments on expiration of waiver of
three-way calling requirement for
providers of TRS, please reference CC
Docket No. 98–67 and CG Docket No.
03–123. Comments may be filed using
the Commission’s Electronic Comment
Filing System (ECFS) or by filing paper
copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121, May 1, 1998. Comments
filed through the ECFS can be sent as an
electronic file via the Internet to http:/
/www.fcc.gov/e-file/ecfs.html.
Generally, only one copy of an
electronic submission must be filed. If
multiple docket or rulemaking numbers
appear in the caption of this proceeding,
however, commenters must transmit
one electronic copy of the comment and
reply comment to each docket or
rulemaking number referenced in the
caption. In completing the transmittal
screen, commenters should include
their full name, Postal Service mailing
address, and the applicable docket or
rulemaking number. Parties may also
submit electronic comment and reply
comment by Internet e-mail. To get
filing instructions, commenters should
send an e-mail to ecfs@fcc.gov, and
should include the following words in
the body of the message, ‘‘get form
<your e-mail address>.’’ A sample form
and directions will be sent in reply.
Parties who choose to file by paper must
file an original and four copies of each
filing. If more than one docket or
rulemaking number appears in the
caption of this proceeding, commenters
must submit two additional copies for
each additional docket or rulemaking
number. Filings can be sent by hand or
messenger delivery, by electronic
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*
*
*
*
*
media, by commercial overnight courier,
or by first-class or overnight U.S. Postal
Services mail (although we continue to
experience delays in receiving U.S.
Postal Service mail). The Commission’s
contractor, Natek, Inc., will receive
hand-delivered or messenger-delivered
paper filings or electronic media for the
Commission’s Secretary at 236
Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. The filing hours
at this location are 8 a.m. to 7 p.m. All
hand deliveries must be held together
with rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building. Commercial and
electronic media sent by overnight mail
(other than U.S. Postal Service Express
Mail and Priority Mail) must be sent to
9300 East Hampton Drive, Capitol
Heights, MD 20743. U.S. Postal Service
first-class mail, Express Mail, and
Priority Mail should be addressed to 445
12th Street, SW., Washington, DC
20554. All filings must be addressed to
the Commission’s Secretary, Marlene H.
Dortch, Office of the Secretary, Federal
Communications Commission, 445 12th
Street, SW., Room TW–B204
Washington, DC 20554. Parties who
choose to file by paper should also
submit their comment and reply
comment on diskette. These diskettes
should be submitted, along with three
paper copies, to: Dana Jackson,
Consumer & Governmental Affairs
Bureau, Disability Rights Office, 445
12th Street, SW., Room CY–A626,
Washington, DC 20554. Such a
submission should be on a 3.5 inch
diskette formatted in an IBM compatible
format using Word 97 or compatible
software. The diskette should be
accompanied by a cover letter and
should be submitted in ‘‘read only’’
mode. The diskette should be clearly
labeled with the commenter’s name,
proceeding (including the lead docket
number in this case, CC Docket No. 98–
67 and CG Docket No. 03–123, type of
pleading (comment or reply comment),
date of submission, and the name of the
electronic file on the diskette. The label
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]]>Agencies
[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Rules and Regulations]
[Pages 2358-2360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-712]
[[Page 2358]]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. R02-OAR-2004-NY-0001; FRL-7852-5]
Approval and Promulgation of Implementation Plans; New York State
Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
request from New York to revise its State Implementation Plan (SIP) for
ozone to incorporate revisions to subpart 227-2 ``Reasonably Available
Control Technology (RACT) for Oxides of Nitrogen (NOX)'' of
Part 227 ``Stationary Combustion Installations'' of title 6 of the
Official Compilation of Codes, Rules and Regulations of the State of
New York (6NYCRR). The revision relates to the control of oxides of
nitrogen emissions from stationary industrial sources. This SIP
revision consists of a control measure needed to meet the shortfall in
emissions reduction identified by EPA in New York's one-hour ozone
attainment demonstration SIP.
The intended effect of this rule is to approve a control strategy
which will result in emission reductions that will help achieve
attainment of the national ambient air quality standard for ozone
required by the Clean Air Act.
EFFECTIVE DATE: This rule will be effective February 14, 2005.
ADDRESSES: Copies of the state submittal(s) are 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, 2nd Floor, Albany, New York 12233.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella
(Gardella.Anthony@epa.gov) for specific questions on New York's
NOX RACT SIP revision or Kirk J. Wieber
(Wieber.Kirk@epa.gov) for specific questions on New York's ozone
attainment demonstration; Air Programs Branch, Environmental Protection
Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212)
637-3892 or (212) 637-3381, respectively.
SUPPLEMENTARY INFORMATION:
I. What Action Is EPA Taking Today?
II. What Comments Were Received and How Has EPA Responded to Them?
III. What Role Does This Rule Play in the Ozone SIP?
IV. What Are EPA's Conclusions?
V. Administrative Correction to Section 52.1679 EPA-Approved New
York State Regulations
VI. Statutory and Executive Order Reviews
I. What Action Is EPA Taking Today?
EPA is approving a revision to New York's ground level ozone State
Implementation Plan (SIP) which New York submitted on February 18,
2004. The SIP revision includes amendments to the following two
regulations: Subpart 227-2 entitled ``Reasonably Available Control
Technology (RACT) for Oxides of Nitrogen (NOX)'' of part 227
entitled, ``Stationary Combustion Installation;'' and subpart 201-3
entitled, ``Exemptions and Trivial Activities,'' of part 201 entitled,
``Permits and Registration,'' all of which are part of title 6 of the
New York Codes of Rules and Regulations. These amended rules were
adopted on January 9, 2004. New York submitted the regulations in order
to strengthen its one-hour ozone SIP. New York amended subpart 227-2
for the purpose of achieving additional reductions of NOX
emissions in response to emission reduction shortfalls identified by
EPA (64 FR 70364; December 16, 1999) for attainment of New York's one-
hour ozone standard. New York amended subpart 201-3 to be consistent
with amendments to subpart 227-2. EPA has determined that New York's
submittal is fully approvable as a SIP strengthening measure for New
York's one-hour ground level ozone SIP. The reader is referred to the
proposed rulemaking (69 FR 59839; October 6, 2004) for additional
details.
II. What Comments Were Received and How Has EPA Responded to Them?
The public comment period on EPA's proposed approval of New York's
February 18, 2004 SIP submittal ended on November 5, 2004. EPA received
no comments on the proposed approval action.
III. What Role Does This Rule Play in the Ozone SIP?
When EPA evaluated New York's one-hour ozone attainment
demonstrations, EPA determined that additional emission reductions were
needed for the State's severe nonattainment area in order for the State
to attain the one-hour ozone standard with sufficient surety (64 FR
70364; December 16, 1999). EPA provided that the states in the Ozone
Transport Region could achieve these emission reductions through
regional control programs. New York decided to participate with the
other states in the Northeast in an Ozone Transport Commission (OTC)
regulatory development effort which lead to six model control measures.
The New York rule, which was adopted by the State on January 9, 2004,
incorporates a portion of the OTC model rule for additional
NOX control measures. The emission reductions from this
control measure will provide additional emission reductions towards
attaining the one-hour ozone standard and will be important in
attaining the 8-hour ozone standard.
IV. What Are EPA's Conclusions?
EPA has evaluated New York's submittal for consistency with the
Clean Air Act, EPA regulations, and EPA policy. The proposed new
control measures will strengthen the SIP by providing additional
NOX emission reductions. Accordingly, EPA is approving the
revision to subpart 227-2, as adopted on January 9, 2004, into New
York's ozone SIP. Because of previous changes to subpart 201-3
independent of today's rulemaking, EPA will take action on the
revisions to subpart 201-3, as adopted by New York on January 9, 2004,
at a later date.
In revising subpart 227-2, New York deleted the final compliance
date applicable to sources because the date had passed, and sources are
now expected to be in compliance. EPA believes that the deletion makes
it less clear to sources obligated to comply with the May 31, 1995
compliance date in the Clean Air Act and in the previously approved SIP
that they are obliged to have complied by that date. Nevertheless,
deletion of the date does not eliminate the effective date established
by the prior SIP approved rule or the Clean Air Act and thus does not
impact on the State and EPA's authority to enforce. In the event EPA
needs to take enforcement action, it will base penalties for
noncompliance on the final compliance date in effect at the time of the
violation.
V. Administrative Correction to Section 52.1679 EPA-Approved New York
State Regulations
New York submitted part 215 ``Open Fires'' (state effective date
June 16, 1972) as part of the SIP and EPA incorporated it into the SIP
(see 40 CFR 52.1670(c)(6)). In a subsequent SIP revision dated August
10, 1979 the State submitted a request to incorporate additional
regulations and include current versions of the regulations
[[Page 2359]]
previously included in the SIP. One of these regulations was part 215.
In EPA's proposed approval of the August 10, 1979 SIP revision (46
FR 19829; April 1, 1981) EPA stated that part 215 had not been changed
from the version that was incorporated into the SIP and that no further
action was necessary. EPA finalized that rulemaking on November 12,
1981 (46 FR 55690) and created a table of approved regulations in
section 52.1679 ``EPA-approved New York State regulation.'' However,
part 215 was inadvertently not included in the section 52.1679 table.
As part of today's rulemaking, EPA is correcting this omission and
is adding part 215 to the table of approved New York regulations.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 (Pub. L. 104-4).
This 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 approves a State rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This 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 Clean Air 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 Clean Air 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 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.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 March 14, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: December 13, 2004.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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. Section 52.1670 is amended by adding new paragraph (c)(106) to read
as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
(106) Revisions to the State Implementation Plan submitted on
February 18, 2004, by the New York State Department of Environmental
Conservation which consists of control measures that will achieve
reductions in NOX emissions from stationary combustion
sources that will help achieve attainment of the national ambient air
quality standard for ozone.
(i) Incorporation by reference:
(A) Regulation subpart 227-2 ``Reasonably Available Control
Technology (RACT) for Oxides of Nitrogen (NOX)'' of part 227
``Stationary Combustion Installations'' of title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York
(6NYCRR), filed on January 12, 2004, and effective on February 11,
2004.
0
3. Section 52.1679 is amended by adding a new entry for part 215 under
title 6 and revising the entry for part 227, subpart 227-2 under Title
6 as follows:
Sec. 52.1679 EPA-approved New York State regulations.
[[Page 2360]]
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State
New York State regulation effective EPA approved date Comments
date
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Title 6:
* * * * * * *
Part 215, Open Fires.............. 6/16/72 9/22/72, 37 FR 19814
* * * * * * *
Subpart 227-2, Reasonably 2/11/04 1/13/05 [insert publication and FR page citation of this notice]
Available Control Technology
(RACT) for Oxides of Nitrogen
(NOX).
* * * * * * *
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[FR Doc. 05-712 Filed 1-12-05; 8:45 am]
BILLING CODE 6560-50-P
