Approval and Promulgation of Implementation Plans; New York Ozone State Implementation Plan Revision, 41162-41163 [E6-11452]
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41162
Federal Register / Vol. 71, No. 139 / Thursday, July 20, 2006 / Rules and Regulations
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:
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R02–OAR–2006–0303,
FRL–8191–3]
Approval and Promulgation of
Implementation Plans; New York
Ozone State Implementation Plan
Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
wwhite on PROD1PC76 with RULES
AGENCY:
SUMMARY: The Environmental Protection
Agency is approving a revision to the
New York State Implementation Plan
(SIP) related to the control of oxides of
nitrogen (NOX) and volatile organic
compounds (VOC) from stationary
sources. The SIP revision consists of
amendments to Title 6 of the New York
Codes, Rules and Regulations, Parts 214,
‘‘Byproduct Coke Oven Batteries,’’ and
216, ‘‘Iron and/or Steel Processes.’’ The
revision was submitted to comply with
the 1-hour ozone Clean Air Act
reasonably available control technology
requirements for major sources of VOC
and NOX not covered by Control
Techniques Guidelines. The intended
effect of this action is to approve control
strategies which will result in emission
reductions that will help achieve
attainment of the national ambient air
quality standard for ozone.
DATES: Effective Date: This rule will be
effective August 21, 2006.
ADDRESSES: EPA has established a
docket for this action under the Federal
Docket Management System (FDMS)
which replaces the Regional Materials
in EDOCKET (RME) docket system. The
new FDMS is located at
www.regulations.gov and the docket ID
for this action is EPA–R02–OAR–2006–
0303. All documents in the docket are
listed in the FDMS index. Publicly
available docket materials are available
either electronically in FDMS or in hard
copy at the Environmental Protection
Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
York, New York 10007–1866. Copies of
the documents relevant to this action
are also available for public inspection
during normal business hours, by
appointment at the Air and Radiation
Docket and Information Center,
Environmental Protection Agency,
Room B–108, 1301 Constitution
Avenue, NW., Washington, DC; and the
New York State Department of
Environmental Conservation, Division
of Air Resources, 625 Broadway,
Albany, New York 12233.
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16:42 Jul 19, 2006
Jkt 208001
I. What was included in New York’s
submittal?
On July 8, 1994, New York State
Department of Environmental
Conservation (NYSDEC) submitted to
EPA a request to revise its SIP. The
revisions consisted of amendments to
Title 6 of the New York Codes, Rules
and Regulations (NYCRR) Parts 214,
‘‘Byproduct Coke Oven Batteries,’’ and
216, ‘‘Iron and/or Steel Processes.’’ Parts
214 and 216 were adopted by the State
on July 8, 1994, and became effective on
September 22, 1994.
On May 2, 2005 (71 FR 25800), EPA
proposed to approve revised Parts 214
and 216 into the federally approved
New York SIP. For a detailed discussion
on the content and requirements of the
revisions to New York’s regulations, the
reader is referred to EPA’s proposed
rulemaking action.
II. What comments did EPA receive in
response to its proposal?
In response to EPA’s May 2, 2005,
proposed rulemaking action, EPA
received no adverse comments.
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 revisions to Part
214, ‘‘By-Product Coke Oven Batteries’’
and Part 216, ‘‘Iron and/or Steel
Processes’’ of New York’s regulations
meet the VOC and NOX RACT ‘‘catchup’’ requirements under sections
182(b)(2) and 182(f) of the Act for nonControl Techniques Guidelines major
sources. Therefore, EPA is approving
revised Parts 214 and 216 into the
federally approved New York SIP.
IV. 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
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
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
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 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 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
E:\FR\FM\20JYR1.SGM
20JYR1
41163
Federal Register / Vol. 71, No. 139 / Thursday, July 20, 2006 / Rules and Regulations
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 Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 18, 2006. 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).)
2. Section 52.1670 is amended by
adding new paragraph (c)(110) to read
as follows:
8, 1994, by the New York State
Department of Environmental
Conservation (NYSDEC), which
consisted of amendments to Title 6 of
the New York Codes, Rules and
Regulations (NYCRR) Parts 214,
‘‘Byproduct Coke Oven Batteries,’’ and
216, ‘‘Iron and/or Steel Processes.’’
(i) Incorporation by reference:
(A) Regulations Part 214, ‘‘Byproduct
Coke Oven Batteries,’’ and Part 216,
‘‘Iron and/or Steel Processes’’ of Title 6
of the New York Codes, Rules and
Regulations (NYCRR), filed on August
23, 1994, and effective on September 22,
1994.
(ii) Additional information:
(A) Letter from New York State
Department of Environmental
Conservation, dated March 1, 2006,
identifying the level of NOX emissions
from generic sources located in New
York State that are subject to Parts 214
and 216.
§ 52.1670
I
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: June 23, 2006.
Alan J. Steinberg,
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
I
Identification of plans.
*
*
*
*
*
(c) * * *
*
*
*
*
*
(110) Revisions to the State
Implementation Plan submitted on July
State effective
date
New York State regulation
3. Section 52.1679 is amended by
revising the entries under Title 6 for
Part 214 and Part 216 in the table to
read as follows:
§ 52.1679 EPA-approved New York State
regulations.
Latest EPA
approval date
Comments
Title 6:
*
*
*
Part 214, ‘‘Byproduct Coke Oven Batteries’’ .....................
*
9/22/94
*
7/20/06 [Insert FR page citation].
*
*
*
*
*
Part 216, ‘‘Iron and/or Steel Processes’’ ...........................
*
9/22/94
*
7/20/06 [Insert FR page citation].
*
*
*
*
*
*
*
[FR Doc. E6–11452 Filed 7–19–06; 8:45 am]
*
ACTION:
*
Direct final rule.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2003–0130–FRL–8199–9]
wwhite on PROD1PC76 with RULES
RIN 2060–AL90
Protection of Stratospheric Ozone:
Minor Amendments to the Regulations
Implementing the Allowance System
for Controlling HCFC Production,
Import and Export
Environmental Protection
Agency [EPA].
AGENCY:
VerDate Aug<31>2005
18:03 Jul 19, 2006
Jkt 208001
SUMMARY: EPA is taking direct final
action to amend the current regulations
governing the production and trade of
certain ozone-depleting substances to
address issues concerning the export of
previously imported material, heels, the
exemption allowance petition process
for HCFC–141b for military and space
vehicle applications, and the definition
for ‘‘importer.’’ We are making these
minor adjustments to our regulations in
response to requests from the regulated
community, to ensure equitable
treatment of stakeholders, and to reduce
burden where the integrity of the
requirements can still be sufficiently
maintained.
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This direct final rule is effective
on October 18, 2006 without further
notice unless EPA receives adverse
comment by August 21, 2006, or by
September 5, 2006 if a hearing is
requested. If we receive adverse
comment we will publish a timely
withdrawal in the Federal Register
informing the public that this rule, or an
amendment paragraph or section of this
rule, will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2003–0130, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: a-and-r-Docket@epa.gov.
• Fax: 202–566–1741.
DATES:
BILLING CODE 6560–50–P
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20JYR1
]]>Agencies
[Federal Register Volume 71, Number 139 (Thursday, July 20, 2006)]
[Rules and Regulations]
[Pages 41162-41163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11452]
[[Page 41162]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2006-0303, FRL-8191-3]
Approval and Promulgation of Implementation Plans; New York Ozone
State Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency is approving a revision to
the New York State Implementation Plan (SIP) related to the control of
oxides of nitrogen (NOX) and volatile organic compounds
(VOC) from stationary sources. The SIP revision consists of amendments
to Title 6 of the New York Codes, Rules and Regulations, Parts 214,
``Byproduct Coke Oven Batteries,'' and 216, ``Iron and/or Steel
Processes.'' The revision was submitted to comply with the 1-hour ozone
Clean Air Act reasonably available control technology requirements for
major sources of VOC and NOX not covered by Control
Techniques Guidelines. The intended effect of this action is to approve
control strategies which will result in emission reductions that will
help achieve attainment of the national ambient air quality standard
for ozone.
DATES: Effective Date: This rule will be effective August 21, 2006.
ADDRESSES: EPA has established a docket for this action under the
Federal Docket Management System (FDMS) which replaces the Regional
Materials in EDOCKET (RME) docket system. The new FDMS is located at
www.regulations.gov and the docket ID for this action is EPA-R02-OAR-
2006-0303. All documents in the docket are listed in the FDMS index.
Publicly available docket materials are available either electronically
in FDMS or in hard copy at the Environmental Protection Agency, Region
2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New
York 10007-1866. Copies of the documents relevant to this action are
also available for public inspection during normal business hours, by
appointment at the Air and Radiation Docket and Information Center,
Environmental Protection Agency, Room B-108, 1301 Constitution Avenue,
NW., Washington, DC; and the 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 was included in New York's submittal?
On July 8, 1994, New York State Department of Environmental
Conservation (NYSDEC) submitted to EPA a request to revise its SIP. The
revisions consisted of amendments to Title 6 of the New York Codes,
Rules and Regulations (NYCRR) Parts 214, ``Byproduct Coke Oven
Batteries,'' and 216, ``Iron and/or Steel Processes.'' Parts 214 and
216 were adopted by the State on July 8, 1994, and became effective on
September 22, 1994.
On May 2, 2005 (71 FR 25800), EPA proposed to approve revised Parts
214 and 216 into the federally approved New York SIP. For a detailed
discussion on the content and requirements of the revisions to New
York's regulations, the reader is referred to EPA's proposed rulemaking
action.
II. What comments did EPA receive in response to its proposal?
In response to EPA's May 2, 2005, proposed rulemaking action, EPA
received no adverse comments.
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
revisions to Part 214, ``By-Product Coke Oven Batteries'' and Part 216,
``Iron and/or Steel Processes'' of New York's regulations meet the VOC
and NOX RACT ``catch-up'' requirements under sections
182(b)(2) and 182(f) of the Act for non-Control Techniques Guidelines
major sources. Therefore, EPA is approving revised Parts 214 and 216
into the federally approved New York SIP.
IV. 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 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 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 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
[[Page 41163]]
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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 18, 2006. 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, Intergovernmental relations, Oxides of nitrogen, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: June 23, 2006.
Alan J. Steinberg,
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)(110) to read
as follows:
Sec. 52.1670 Identification of plans.
* * * * *
(c) * * *
* * * * *
(110) Revisions to the State Implementation Plan submitted on July
8, 1994, by the New York State Department of Environmental Conservation
(NYSDEC), which consisted of amendments to Title 6 of the New York
Codes, Rules and Regulations (NYCRR) Parts 214, ``Byproduct Coke Oven
Batteries,'' and 216, ``Iron and/or Steel Processes.''
(i) Incorporation by reference:
(A) Regulations Part 214, ``Byproduct Coke Oven Batteries,'' and
Part 216, ``Iron and/or Steel Processes'' of Title 6 of the New York
Codes, Rules and Regulations (NYCRR), filed on August 23, 1994, and
effective on September 22, 1994.
(ii) Additional information:
(A) Letter from New York State Department of Environmental
Conservation, dated March 1, 2006, identifying the level of
NOX emissions from generic sources located in New York State
that are subject to Parts 214 and 216.
0
3. Section 52.1679 is amended by revising the entries under Title 6 for
Part 214 and Part 216 in the table to read as follows:
Sec. 52.1679 EPA-approved New York State regulations.
----------------------------------------------------------------------------------------------------------------
State
New York State regulation effective date Latest EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Title 6:
* * * * * * *
Part 214, ``Byproduct Coke Oven 9/22/94 7/20/06 [Insert FR page
Batteries''. citation].
* * * * * * *
Part 216, ``Iron and/or Steel 9/22/94 7/20/06 [Insert FR page
Processes''. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. E6-11452 Filed 7-19-06; 8:45 am]
BILLING CODE 6560-50-P
