Approval and Promulgation of Implementation Plans; New York; Revised Format of Materials Being Incorporated by Reference, 41705-41712 [2011-17782]

Download as PDF 41705 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP Applicable geographic or nonattainment area Name of SIP provision * * Air Pollution Episode Contingency Plan for New Mexico. Infrastructure for the 1997 Ozone and 1997 PM2.5 NAAQS. * * 12/10/2007 ........................ 3/3/2008 ............................ 7/15/11, [Insert FR page number where document begins]. State Records and Archives Center on October 30, 1995. * * * * * [FR Doc. 2011–17786 Filed 7–14–11; 8:45 am] BILLING CODE 6560–50–P 4. Section 52.1640 is amended by revising paragraph (c)(66)(i)(B) to read as follows: ■ Original identification of plan * * * * * (c) * * * (66) * * * (i) * * * (B) New Mexico Administrative Code, Title 20, Chapter 2, Parts 3, 5, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32, 33, 34, 40, 41, 60, 61, 72 (Subparts I, II and III; Subpart V, Sections 501 and 502), 73, 75, 79, and 80; adopted by the New Mexico Environmental Improvement Board on October 20, 1995, and filed with the 15:47 Jul 14, 2011 * Statewide ............... Significant deterioration of air VerDate Mar<15>2010 Explanation 8/21/1990, 55 FR 34013 .. (a) The plan submitted by the Governor of New Mexico on February 21, 1984 (as adopted by the New Mexico Environmental Improvement Board (NMEIB) on January 13, 1984), August 19, 1988 (as revised and adopted by the NMEIB on July 8, 1988), and July 16, 1990 (as revised and adopted by the NMEID on March 9, 1990), Air Quality Control Regulation 707—Permits, Prevention of Significant Deterioration (PSD) and its Supplemental document, is approved as meeting the requirements of part C, Clean Air Act for preventing significant deterioration of air quality. Additionally, on November 2, 1988, EPA approved New Mexico’s stack height regulation into the SIP (53 FR 44191), thereby satisfying the conditions of EPA’s conditional approval of the State’s PSD program on February 27, 1987 (52 FR 5964). Therefore, the conditional approval was converted to a full approval on July 15, 2011. * * * * * mstockstill on DSK4VPTVN1PROD with RULES * 7/7/1988 ............................ 3. Section 52.1634 is amended by revising paragraph (a) to read as follows: § 52.1640 section. EPA approval date Statewide ............... ■ § 52.1634 quality. State submittal date/effective date Jkt 223001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–2011–NY1, FRL–9430–3] Approval and Promulgation of Implementation Plans; New York; Revised Format of Materials Being Incorporated by Reference Environmental Protection Agency (EPA). ACTION: Final rule; Administrative change. AGENCY: The Environmental Protection Agency (EPA) is revising the format of materials submitted by the State of New York that have been incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations and other materials affected by this format change have all been previously submitted by New York and approved by EPA as SIP revisions. This format revision will primarily affect the ‘‘Identification of plan’’ section of regulation, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Region 2 Office. EPA is also adding a table in the ‘‘Identification of plan’’ section, which summarizes the approval actions that EPA has taken on the regulatory and non-regulatory portions of the New York SIP. The sections of regulation pertaining to provisions promulgated by EPA, and state-submitted materials not subject to IBR review, remain unchanged. SUMMARY: PO 00000 Frm 00117 Fmt 4700 Sfmt 4700 Approval for 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Effective Date: This final rule is effective on July 15, 2011. DATES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007– 1866; the Air and Radiation Docket and Information Center, EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566–1742. For information on the availability of this material at NARA, call (202) 741–6030, or go to: http:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. ADDRESSES: Kirk J. Wieber, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007–1866, (212) 637–4249. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Table of Contents I. Background A. Description of a SIP B. How EPA Enforces SIPs C. How the State and EPA Update the SIP D. How EPA Compiles the SIP E. How EPA Organizes the SIP Compilation F. Where You Can Find a Copy of the SIP Compilation G. The Format of the New Identification of Plan Section H. When a SIP Revision Becomes Part of the SIP and Federally Enforceable I. The Historical Record of SIP Revision Approvals II. What is EPA doing in this action? III. Statutory and Executive Order Reviews E:\FR\FM\15JYR1.SGM 15JYR1 41706 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations I. Background A. Description of a SIP In accordance with Section 110 of the Clean Air Act (Act), 42 U.S.C. 7410, each state has a SIP containing the control measures and strategies to attain and maintain the National Ambient Air Quality Standards (NAAQS) established pursuant to Section 109 of the Act, 42 U.S.C. 7409. SIPs contain numerous elements such as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. mstockstill on DSK4VPTVN1PROD with RULES B. How EPA Enforces SIPs Before formally adopting rules that contain required control measures and strategies as part of a SIP, each state must provide the public with an opportunity to comment on them. The states then submit these rules to EPA as requested SIP revisions, on which EPA must formally act. If and when these control measures and strategies are approved by EPA after notice and comment rulemaking, they become enforceable by EPA, and are incorporated into the federally approved SIP and identified in title 40 of the Code of Federal Regulations, part 52 (Approval and Promulgation of Implementation Plans) (40 CFR part 52). The actual state regulations approved by EPA are not reproduced in their entirety in 40 CFR part 52, but are ‘‘incorporated by reference,’’ which has the same effect as including the entire state regulation in part 52. Incorporation by reference indicates that EPA has approved a given state regulation with a specific effective date, and that EPA, in addition to the state, may enforce that regulation once it takes effect and is formally a part of the SIP. This format allows both EPA and the public to know which state measures are contained in a given SIP and are therefore federally enforceable. It also helps identify the specific requirements that the state is implementing to attain and maintain the NAAQS. C. How the State and EPA Update the SIP The SIP is periodically revised as necessary to address the specific or unique air pollution problems in the state. Therefore, EPA from time to time takes action on state SIP submissions containing new and/or revised regulations and other materials; if approved, they become part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference federally approved SIPs, as a result of consultations between EPA VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 and the Office of the Federal Register (OFR). As a result, EPA began the process of developing the following: (1) A revised SIP document for each state that would be incorporated by reference under the provisions of title 1 CFR part 51; (2) a revised mechanism for announcing EPA approval of revisions to an applicable SIP and updating both the IBR document and the CFR; and (3) a revised format of the ‘‘Identification of plan’’ sections for each applicable subpart to reflect these revised IBR procedures. The description of the revised SIP document, IBR procedures, and ‘‘Identification of plan’’ format are discussed in further detail in the May 22, 1997, Federal Register document. D. How EPA Compiles the SIP The federally approved regulations, source-specific requirements, and nonregulatory provisions (entirely or portions of) submitted by each state agency and approved by EPA have been organized into a ‘‘SIP compilation.’’ The compilation is contained in three-ring binders and will be updated, primarily on an annual basis. The New York SIP compilation is available at the Environmental Protection Agency, Region 2 Office: 290 Broadway, New York, New York 10007; (212) 637–4249. E. How EPA Organizes the SIP Compilation Each SIP compilation contains three parts approved by EPA: part one contains regulations, part two contains source-specific requirements, and part three contains nonregulatory provisions. Each state’s SIP compilation contains a table of identifying information for each of these three parts. In this action, EPA is publishing the tables summarizing the applicable SIP requirements for New York. The effective dates in the tables indicate the date of the most recent state revision of each regulation. The EPA Region 2 Office has the primary responsibility for updating the compilation and ensuring its accuracy. F. Where You Can Find a Copy of the SIP Compilation EPA’s Region 2 Office developed and will maintain the compilation for New York. A copy of the full text of New York’s regulatory and source-specific compilations will also be maintained at NARA and EPA’s Air Docket and Information Center. G. The Format of the New Identification of Plan Section In order to better serve the public, EPA revised the organization of the ‘‘Identification of plan’’ section and PO 00000 Frm 00118 Fmt 4700 Sfmt 4700 included additional information to clarify which provisions are the enforceable elements of the SIP. The revised Identification of plan section contains five subsections: (a) Purpose and scope, (b) Incorporation by reference, (c) EPA-approved regulations, (d) EPA-approved source-specific requirements, and (e) EPA-approved nonregulatory provisions such as transportation control measures, statutes, control strategies, and monitoring networks. H. When a State Submission Becomes Part of the SIP and Federally Enforceable All revisions to the applicable SIP become federally enforceable as of the effective date of the revisions to paragraphs (c), (d), or (e) of the applicable Identification of plan section found in each subpart of 40 CFR part 52. I. The Historical Record of SIP Revision Approvals To facilitate enforcement of previously approved SIP provisions and provide a smooth transition to the new SIP compilation, EPA has retained the original Identification of plan section, previously appearing in the CFR as the first or second section of part 52 for each state subpart. After an initial twoyear period, EPA will review its experience with the new table format and will decide whether or not to retain the historical Identification of plan appendices for some further period. II. What is EPA doing in this action? Today’s rule constitutes a reformatting exercise to ensure that all revisions to the state programs and accompanying SIP that have already occurred are accurately reflected in 40 CFR part 52. State SIP revisions are subject to the EPA regulations at 40 CFR part 51. When EPA receives a formal SIP revision request, the Agency must publish its proposed rulemaking in the Federal Register and provide for public comment before approval. EPA has determined that today’s rule falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation, and section 553(d)(3), which allows an agency to make a rule effective immediately, thereby avoiding the 30-day delayed effective date otherwise provided for in the APA. Today’s rule simply reorganizes and codifies provisions that are already in effect as a matter of law in Federal and approved state programs. Accordingly, we find that public E:\FR\FM\15JYR1.SGM 15JYR1 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations comment is ‘‘unnecessary’’ and ‘‘contrary to the public interest’’ under section 553 of the APA, since the reorganization and codification of the revised format for denoting IBR of the state materials into the SIP only reflects existing law and since immediate notice in the CFR benefits the public by removing outdated citations from the CFR. mstockstill on DSK4VPTVN1PROD with RULES III. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a significant regulatory action and is therefore not subject to review by the Office of Management and Budget. This rule is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the agency has made a good cause finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104–4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule also does 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), nor will it 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 rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This rule does not involve technical standards; 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. The rule also does not involve special consideration VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of the rule in accordance with the Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings issued under the executive order. This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA’s compliance with these statutes and Executive Orders for the underlying rules are discussed in previous actions taken on the State’s rules. B. Submission to Congress and the Comptroller General 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Today’s action simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of July 15, 2011. 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. This rule is not a major rule as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the New York SIP compilation had previously PO 00000 Frm 00119 Fmt 4700 Sfmt 4700 41707 afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for these ‘‘Identification of plan’’ reorganization actions for New York. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 1, 2011. Judith A. Enck, Regional Administrator, Region 2. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401–7671q. Subpart HH—New York § 52.1670 [Redesignated as § 52.1689] 2. Section 52.1670 is redesignated as § 52.1689. ■ 3. In newly designated § 52.1689 the section heading and paragraph (a) are revised to read as follows: ■ § 52.1689 section. Original Identification of plan (a) This section identifies the original ‘‘Air Implementation Plan for the State of New York’’ and all revisions submitted by New York that were Federally approved prior to January 1, 2011. * * * * * ■ 4. A new § 52.1670 is added to read as follows: § 52.1670 Identification of plan. (a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for New York under section 110 of the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., and 40 CFR part 51 to meet National Ambient Air Quality Standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to January 1, 2011, was approved for incorporation by reference by the Director of the Federal E:\FR\FM\15JYR1.SGM 15JYR1 41708 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with an EPA approval date after January 1, 2011, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 2 certifies that the rules/regulations provided by the EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations, which have been approved as part of the SIP as of January 1, 2011. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 2, Air Programs Branch, 290 Broadway, New York, New York 10007; the EPA, Air and Radiation Docket and Information Center, EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566– 1742. For information on the availability of this material at NARA, call 202–741– 6030, or go to: http://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. (c) EPA approved regulations. EPA-APPROVED NEW YORK STATE REGULATIONS State effective date New York State regulation Latest EPA approval date 3/5/09 11/17/10, 75 FR 70140 3/5/09 11/17/10, 75 FR 70140 4/22/08, 73 FR 21548 10/3/05, 70 FR 57511 11/17/10, 75 FR 70140 Title 6: Part 200, General Provisions, Section 200.1. 2/25/00 Part 201, Permits and Certificates ........... 4/4/93 Subpart 201–2.1(b)(21), Definitions ......... 3/5/09 Subpart 201–7.1, General ....................... 7/7/96 Subpart 201–7.2, Emission Capping Using Synthetic Minor Permits. Part 202, Emissions Testing, Sampling and Analytical Determinations. Subpart 202–2, Emission Statements ..... 7/7/96 3/24/79 Part 204, NOX Budget Trading Program 2/25/00 Part 205, Architectural and Industrial Maintenance Coatings. Part 207, Control Measures for an Air Pollution Episode. Part 211, General Prohibitions ................ mstockstill on DSK4VPTVN1PROD with RULES Section 200.9, Table 1 (Part 231 references). Sections 200.6, 200.7 and 200.9 ............. 11/22/03 Part 212, General Process Emission Sources. Part 213, Contaminant Emissions from Ferrous Jobbing Foundries. Part 214, By-Product Coke Oven Batteries. Part 215, Open Fires ............................... 9/22/94 6/16/72 Part 216, Iron and/or Steel Processes .... 9/22/94 VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 PO 00000 5/29/05 2/22/79 8/11/83 5/1/72 9/22/94 Frm 00120 10/3/05, 70 FR 57511 10/3/05, 70 FR 57511 11/12/81, 46 FR 55690 10/31/07, 72 FR 61530 5/22/01, 66 FR 28063 12/13/04, 69 FR 72118 11/12/81, 46 FR 55690 11/27/98, 63 FR 65559 9/25/01, 66 FR 48961 9/22/72, 37 FR 19814 7/20/06, 71 FR 41163 9/22/72, 37 FR 19814 7/20/06, 71 FR 41163 Fmt 4700 Comments The word odor is removed from the Subpart 200.1(d) definition of ‘‘air contaminant or air pollutant.’’ Redesignation of non-attainment areas to attainment areas (200.1(av)) does not relieve a source from compliance with previously applicable requirements as per letter of Nov. 13, 1981 from H. Hovey, NYSDEC. Changes in definitions are acceptable to EPA unless a previously approved definition is necessary for implementation of an existing SIP regulation. EPA is including the definition of ‘‘Federally enforceable’’ with the understanding that (1) the definition applies to provisions of a Title V permit that are correctly identified as Federally enforceable, and (2) a source accepts operating limits and conditions to lower its potential to emit to become a minor source, not to ‘‘avoid’’ applicable requirements. EPA is approving reference documents that are not already Federally enforceable. EPA is approving reference documents that are not already Federally enforceable. This action removes subpart 201.5(e) from the State’s Federally approved SIP. EPA is including the definition of ‘‘Major stationary source or major source or major facility’’ with the understanding that the definition applies only to provisions of part 231. Section 202–2.3(c)(9) requires facilities to report individual HAPs that may not be classified as criteria pollutants or precursors to assist the State in air quality planning needs. EPA will not take SIP-related enforcement action on these pollutants. Incorporates NOXSIP Call and NOX Budget Trading Program for 2003 and thereafter. Section 211.2 has been removed from the approved plan. Sfmt 4700 E:\FR\FM\15JYR1.SGM 15JYR1 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations 41709 EPA-APPROVED NEW YORK STATE REGULATIONS—Continued State effective date New York State regulation Part 217, Motor Vehicle Emissions. Subpart 217–1, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements. Subpart 217–4, Inspection and Maintenance Program Audits. Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. Subpart 218–1: Applicability and Definitions. Subpart 218–2: Certification and Prohibitions. Subpart 218–3: Fleet Average ................. Latest EPA approval date 10/30/02 2/21/07, 72 FR 7829 10/30/02 2/21/07, 72 FR 7829 EPA’s approval of part 218 only applies to light-duty vehicles. 12/28/00 12/28/00 12/28/00 5/28/92 1/31/05, 70 FR 4773 1/31/05, 70 FR 4773 1/31/05, 70 FR 4773 1/6/95, 60 FR 2025 1/31/05, 70 FR 4773 1/31/05, 70 FR 4773 1/31/05, 70 FR 4773 1/31/05, 70 FR 4773 9/22/72, 37 FR 19814 11/12/81, 46 FR 55690 9/22/72, 37 FR 19814 7/19/85, 50 FR 29382 7/19/85, 50 FR 29382 Subpart 218–4: Zero Emissions Vehicle Sales Mandate. Subpart 218–5: Testing ........................... 12/28/00 Subpart 218–6: Surveillance .................... 12/28/00 Subpart 218–7: Aftermarket Parts ........... 12/28/00 Subpart 218–8: Severability ..................... 12/28/00 Part 219, Incinerators .............................. 5/1/72 Part 220, Portland Cement Plants ........... 3/14/73 Part 222, Incinerators—New York City, Nassau and Westchester Counties. Part 223, Petroleum Refineries ............... 6/17/72 Part 224, Sulfuric and Nitric Acid Plants 5/10/84 Subpart 225–1, Fuel Composition and Use-Sulfur Limitations. 3/24/79 11/12/81, 46 FR 55690 Subpart 225–2, Fuel Composition and Use-Waste Fuel. Part 225–3, Fuel Composition and Use— Gasoline. Part 226, Solvent Metal Cleaning Processes. Part 227, Stationary Combustion Installations [1972 version]/section 227.2(b)(1). Part 227, Stationary Combustion Installations. Subpart 227–1, Stationary Combustion Installations. 7/28/83 8/2/84, 49 FR 30936 9/8/05, 70 FR 53304 1/23/04, 69 FR 3240 9/22/72, 37 FR 19814 8/9/84 11/4/01 5/7/03 5/1/72 Variances adopted by the State pursuant to Part 224.6(b) become applicable only if approved by EPA as SIP revisions 7/19/85, 50 FR 29382. Variances adopted by the State pursuant to §§ 225.2(b) and (c), 225.3, and 225.5(c) become applicable only if approved by EPA or SIP revisions (40 CFR 52.1675(e)). The Variance adopted by the State pursuant to section 225–3.5 becomes applicable only if approved by EPA as a SIP revision. Existing Part 227 is renumbered Subpart 227–1. 2/25/00 5/22/01, 66 FR 28063 Subpart 227–2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOX). Subpart 227–3, Pre-2003 Nitrogen Oxides Emissions Budget and Allowance Program. Part 228, Surface Coating Processes ..... mstockstill on DSK4VPTVN1PROD with RULES Comments 2/11/04 1/13/05, 70 FR 2358 3/5/99 5/22/01, 66 FR 28063 7/23/03 Part 229, Petroleum and Volatile Organic Liquid Storage and Transfer. Part 230, Gasoline Dispensing Sites and Transport Vehicles. Part 231, New Source Review for New and Modified Facilities. 4/4/93 9/22/94 1/23/04, 69 FR 3240 12/23/97, 62 FR 67006 4/30/98, 63 FR 23668 11/17/10, 75 FR 70140 Part 232, Dry Cleaning ............................ 8/11/83 VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 PO 00000 3/5/09 Frm 00121 6/17/85, 50 FR 25079 Fmt 4700 Renumbered sections 227–1.2(a)(2), 227–1.4(a), and 227–1.4(d) continue to be disapproved according to 40 CFR 52.1678(d) and 52.1680(a). (New York repealed existing Part 227.5.) Approval of NOX Budget Trading Program for 1999, 2000, 2001 and 2002. NOX caps in the State during 2003 and thereafter established in Part 204. SIP revisions submitted in accordance with Section 229.3(g)(1) are effective only if approved by EPA. Partial approval; no action taken on provisions that may require PSD permits for sources of greenhouse gas (GHG) emissions with emissions below the thresholds identified in EPA’s final PSD and Title V GHG Tailoring Rule at 75 FR 31514, 31606 (June 3, 2010). EPA has not determined that § 232.3(a) provides for reasonably available control technology. Sfmt 4700 E:\FR\FM\15JYR1.SGM 15JYR1 41710 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations EPA-APPROVED NEW YORK STATE REGULATIONS—Continued State effective date New York State regulation Latest EPA approval date 4/4/93 12/23/97, 62 FR 67006 12/23/97, 62 FR 67006 5/28/10, 75 FR 29897 7/27/93, 58 FR 40059 Part 233, Pharmaceutical and Cosmetic Manufacturing Processes. Part 234, Graphic Arts ............................. 4/4/93 Part 235, Consumer Products ................. 10/15/09 Part 236, Synthetic Organic Chemical Manufacturing Facility Component Leaks. Part 239, Portable Fuel Container Spillage Control. 1/12/92 7/30/09 5/28/10, 75 FR 29897 Part 243, CAIR NOX Ozone Season Trading Program. Part 244, CAIR NOX Annual Trading Program. Part 245, CAIR SO2Trading Program ...... 10/19/07 Comments 1/24/08, 73 FR 4112 1/24/08, 73 FR 4112 1/24/08, 73 FR 4112 10/19/07 10/19/07 Title 15: Part 79, Motor Vehicle Inspection Regulations, Sections 79.1–79.15, 79.17, 79.20, 79.21, 79.24, 79.25. 5/4/05 SIP revisions submitted in accordance with Section 223.3(h)(1) are effective only if approved by EPA. SIP revisions submitted in accordance with Section 234.3(f)(1) are effective only if approved by EPA. Variances adopted by the State pursuant to Part 236.6(e)(3) become applicable only if approved by EPA as a SIP revision. The specific application of provisions associated with alternate test methods, variances and innovative products, must be submitted to EPA as SIP revisions. 2/21/07, 72 FR 7829 (d) EPA approved State sourcespecific requirements. EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS Name of source Dunlop Tire and Rubber Corporation. Morton International Inc.. University of Rochester. Algonquin Gas Transmission Company. State effective/approval date Green tire spraying, bead dipping, and under tread and tread end cementing processes. 00027 ..................... Consent Order [81–36, 9–0420]—8/19/ 81, Consent Order Amendment letters—1/29/82 and 3/3/82. 1/26/84, 49 FR 3436 Part 212 VOC RACT Compliance Plan. Permit—9/1/95 Special Permit Conditions letter—8/23/95. Permit—4/25/96 Special Permit Conditions letter—. 3/19/96 .................................................... Special Conditions—9/23/91 ................... 9/23/97, 62 FR 49617 9/23/97, 62 FR 49617 Part 227–2, NOX RACT determination. 9/23/97, 62 FR 49617 Part 227–2, NOX RACT determination. 7/21/03, 68 FR 42981 Part 227–2, NOX RACT determination. 00003 and 00005 ... ................................. ................................. R0100 ..................... R0200 ..................... R0300 ..................... mstockstill on DSK4VPTVN1PROD with RULES R0400 ..................... Tenneco Gas Corporation’s (also known as Tenneco Gas Pipeline Company and Tennessee Gas Pipeline Company). VerDate Mar<15>2010 EPA approval date Identifier/emission point ................................. 15:47 Jul 14, 2011 Jkt 223001 Permit Correction—8/8/96 ...................... Permit—9/23/91, Special Permit Conditions letter—. 3/18/96 .................................................... Permit—9/23/91, Special Permit Conditions letter—. 3/18/96 .................................................... Permit—9/23/91, Special Permit Conditions letter—. 3/18/96 .................................................... Permit—9/23/91, Special Permit Conditions letter—. 3/29/96, ................................................... ................................................................. PO 00000 Frm 00122 Fmt 4700 Sfmt 4700 E:\FR\FM\15JYR1.SGM Explanation Part 227–2, NOX RACT determination. 15JYR1 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations 41711 EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS—Continued Name of source Station 229 ....... Station 245 ....... Station 254 ....... General Chemical Corporation. Identifier/emission point EPA approval date State effective/approval date 0001A through 0006A. 00001 through 00006. 00001 through 00006. Explanation Permits—8/22/95 .................................... Special Permit Conditions letter—2/24/ 97. Permits—10/4/95 Special Permit Conditions letter—. 9/15/95 .................................................... Permit conditions letter—12/16/97 .......... 0SN1A and 0SN1B 7/1/04, 69 FR 39858 Part 212, NOX RACT determination. 6/ 23/05 letter informing NYDSDEC that the approval will automatically convert to a disapproval. (e) EPA approved nonregulatory and quasi-regulatory provisions. EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISIONS EPA approval date Action/SIP element Applicable geographic or nonattainment area SIP revision for carbon monoxide concerning the oxyfuel program. New York-Northern New Jersey-Long Island carbon monoxide nonattainment area. Upstate portions of New York State .......... 8/30/99 4/19/00, 65 FR 20909 4/18/00 Areas designated nonattainment for ozone since 1991 in New York State. 2/2/99 9/29/00, 65 FR 58364 5/10/01, 66 FR 23851 New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. 2/2/99 5/10/01, 66 FR 23851 2/2/99 5/10/01, 66 FR 23851 2/2/99 5/10/01, 66 FR 23851 2/2/99 5/10/01, 66 FR 23851 Stage II gasoline vapor recovery comparability plan. The 1990 base year emission inventory (Volatile organic compounds (VOC), Nitrogen oxides (NOX) and Carbon monoxide (CO)). 1996 and 1999 ozone projection year emission inventories. Photochemical assessment monitoring stations network. Enforceable commitments for ozone .......... 15 Percent Rate of Progress Plan and the 9 Percent Reasonable Further Progress Plan for ozone. 2002, 2005 and 2007 ozone projection year emission inventories. Reasonable Further Progress Plans for milestone years 2002, 2005 and 2007 for ozone. Contingency measures for ozone .............. Reasonably Available Control Measure Analysis for ozone. mstockstill on DSK4VPTVN1PROD with RULES Attainment demonstration for ozone .......... Enforceable commitments for future actions associated with attainment of the 1-hour ozone national ambient air quality standard. SIP revision to the carbon monoxide maintenance plan. 1990 and 2007 conformity emission budgets for ozone. VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 New York submittal date 11/27/98 2/4/02, 67 FR 5194 11/27/98 2/4/02, 67 FR 5194 11/27/98 2/4/02, 67 FR 5194 10/1/01 2/4/02, 67 FR 5194 11/27/98, supplemented on 4/15/99, and 4/18/00 2/4/02, 67 FR 5194 4/18/00 2/4/02, 67 FR 5194 Onondaga County ..................................... 6/22/04 New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. 1/29/03, amended on 6/29/03 and 1/18/05 9/8/05, 70 FR 53304 9/13/05, 70 FR 53944 PO 00000 Frm 00123 Fmt 4700 Sfmt 4700 E:\FR\FM\15JYR1.SGM 15JYR1 Explanation 41712 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued Action/SIP element Applicable geographic or nonattainment area Revised commitment to perform a midcourse review for ozone. New York portion of the New York-Northern New Jersey-Long Island 1-hour ozone nonattainment area. Statewide and to the New York portion of the New York-Northern New JerseyLong Island, NY–NJ–CT and the Poughkeepsie 8-hour ozone moderate nonattainment areas. New York portion of the New York-Northern New Jersey-Long Island, NY–NJ– CT 8-hour ozone moderate nonattainment area. New York reasonably available control technology (RACT) analysis for ozone. Reasonably available control (RACM) analysis for ozone. § 52.1679 measure [Reserved] 5. Section 52.1679 is removed and reserved. ■ [FR Doc. 2011–17782 Filed 7–14–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2007–0927; FRL–9428–9] Approval, Disapproval, and Promulgation of Air Quality Implementation Plans; Utah; Revisions to New Source Review Rules Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is partially approving and partially disapproving revisions to the State of Utah’s Clean Air Act (CAA) State Implementation Plan (SIP). Utah has a federally-approved Prevention of Significant Deterioration (PSD) preconstruction permit program for new and modified sources impacting attainment areas in the State. Utah requested approval of its revised rules to implement the non-vacated provisions of EPA’s New Source Review (NSR) Reform regulations. EPA proposed approval of these rules on January 7, 2009 and received adverse comments. In this action, EPA responds to these comments and announces EPA’s final rulemaking action. This action affects major stationary sources in Utah that are subject to or potentially subject to the PSD preconstruction permit program. This action is being taken under section 110 of the CAA. DATES: This action is effective on August 15, 2011. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R08–OAR– mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 New York submittal date 1/29/03 9/1/06, supplemented on 2/8/08 and 9/16/08 7/23/10, 75 FR 43069 2/8/08 7/23/10, 75 FR 43069 Table of Contents I. Background for This Action A. What revisions to the Utah SIP does this action address? B. What comments did we receive on our proposal for these revisions? 1. Section 110(l) a. Summary of Comments Regarding Section 110(l) b. EPA Response to Section 110(l)-Related Comments 2. Section 193 a. Summary of Comments Regarding Section 193 Frm 00124 Fmt 4700 Sfmt 4700 Explanation 9/13/05, 70 FR 53944 2007–0927. All documents in the docket are listed on the http:// www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information 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 either electronically through http:// www.regulations.gov or in hard copy at EPA Region 8, Air Quality Planning Unit (8P–AR), 1595 Wynkoop Street, Denver, Colorado 80202. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode 8P– AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–7814, or ostendorf.jody@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean EPA. Information is organized as follows: PO 00000 EPA approval date b. EPA Response to Section 193—Related Comments II. Final Action A. Rules To Approve Into the Utah SIP B. Rules To Disapprove and Therefore Not Incorporate Into the Utah SIP C. Scope of Action III. Statutory and Executive Order Reviews I. Background for This Action Title I of the CAA, as amended by Congress in 1990, specifies the general requirements for states to submit SIPs to attain and/or maintain the National Ambient Air Quality Standards (NAAQS) and EPA’s actions regarding approval of those SIPs. SIPs must include, among other requirements, an NSR preconstruction permit program, which, for attainment areas, meets federal PSD requirements. On February 12, 1982, EPA approved into the Utah SIP PSD permitting regulations. On December 31, 2002, EPA published revisions to the federal PSD and non-attainment NSR regulations in 40 CFR parts 51 and 52 (67 FR 80186). These revisions are commonly referred to as the ‘‘NSR Reform’’ regulations and became effective nationally in areas not covered by a SIP on March 3, 2003. For information on subsequent court decisions and regulatory revisions to these rules, see http://www.epa.gov/nsr. On September 15, 2006, October 1, 2007, and March 7, 2008, the Utah Department of Environmental Quality (DEQ) submitted numerous rule changes and requested that the Utah SIP be revised to reflect those changes. These changes include revisions to Utah’s Rule R307–405 (‘‘Permits: Major Sources in Attainment or Unclassified Areas (PSD)’’) and to Utah’s Rule R307–110– 9 (‘‘Section VIII, Prevention of Significant Deterioration of the Utah Air Quality Rules’’). On January 7, 2009 EPA proposed to partially approve and partially disapprove the revisions submitted by the Utah DEQ. 74 FR 667 (January 7, E:\FR\FM\15JYR1.SGM 15JYR1

Agencies

[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41705-41712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17782]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-2011-NY1, FRL-9430-3]


Approval and Promulgation of Implementation Plans; New York; 
Revised Format of Materials Being Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is revising the 
format of materials submitted by the State of New York that have been 
incorporated by reference (IBR) into its State Implementation Plan 
(SIP). The regulations and other materials affected by this format 
change have all been previously submitted by New York and approved by 
EPA as SIP revisions.
    This format revision will primarily affect the ``Identification of 
plan'' section of regulation, as well as the format of the SIP 
materials that will be available for public inspection at the National 
Archives and Records Administration (NARA), the Air and Radiation 
Docket and Information Center located at EPA Headquarters in 
Washington, DC, and the EPA Region 2 Office. EPA is also adding a table 
in the ``Identification of plan'' section, which summarizes the 
approval actions that EPA has taken on the regulatory and non-
regulatory portions of the New York SIP. The sections of regulation 
pertaining to provisions promulgated by EPA, and state-submitted 
materials not subject to IBR review, remain unchanged.

DATES: Effective Date: This final rule is effective on July 15, 2011.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Environmental Protection Agency, Region II Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866; the Air and 
Radiation Docket and Information Center, EPA Headquarters Library, 
Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution 
Ave., NW., Washington, DC 20460, and the National Archives and Records 
Administration. If you wish to obtain materials from a docket in the 
EPA Headquarters Library, please call the Office of Air and Radiation 
(OAR) Docket/Telephone number: (202) 566-1742. For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. Description of a SIP
    B. How EPA Enforces SIPs
    C. How the State and EPA Update the SIP
    D. How EPA Compiles the SIP
    E. How EPA Organizes the SIP Compilation
    F. Where You Can Find a Copy of the SIP Compilation
    G. The Format of the New Identification of Plan Section
    H. When a SIP Revision Becomes Part of the SIP and Federally 
Enforceable
    I. The Historical Record of SIP Revision Approvals
II. What is EPA doing in this action?
III. Statutory and Executive Order Reviews

[[Page 41706]]

I. Background

A. Description of a SIP

    In accordance with Section 110 of the Clean Air Act (Act), 42 
U.S.C. 7410, each state has a SIP containing the control measures and 
strategies to attain and maintain the National Ambient Air Quality 
Standards (NAAQS) established pursuant to Section 109 of the Act, 42 
U.S.C. 7409. SIPs contain numerous elements such as air pollution 
control regulations, emission inventories, monitoring networks, 
attainment demonstrations, and enforcement mechanisms.

B. How EPA Enforces SIPs

    Before formally adopting rules that contain required control 
measures and strategies as part of a SIP, each state must provide the 
public with an opportunity to comment on them. The states then submit 
these rules to EPA as requested SIP revisions, on which EPA must 
formally act.
    If and when these control measures and strategies are approved by 
EPA after notice and comment rulemaking, they become enforceable by 
EPA, and are incorporated into the federally approved SIP and 
identified in title 40 of the Code of Federal Regulations, part 52 
(Approval and Promulgation of Implementation Plans) (40 CFR part 52). 
The actual state regulations approved by EPA are not reproduced in 
their entirety in 40 CFR part 52, but are ``incorporated by 
reference,'' which has the same effect as including the entire state 
regulation in part 52. Incorporation by reference indicates that EPA 
has approved a given state regulation with a specific effective date, 
and that EPA, in addition to the state, may enforce that regulation 
once it takes effect and is formally a part of the SIP. This format 
allows both EPA and the public to know which state measures are 
contained in a given SIP and are therefore federally enforceable. It 
also helps identify the specific requirements that the state is 
implementing to attain and maintain the NAAQS.

C. How the State and EPA Update the SIP

    The SIP is periodically revised as necessary to address the 
specific or unique air pollution problems in the state. Therefore, EPA 
from time to time takes action on state SIP submissions containing new 
and/or revised regulations and other materials; if approved, they 
become part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the 
procedures for incorporating by reference federally approved SIPs, as a 
result of consultations between EPA and the Office of the Federal 
Register (OFR).
    As a result, EPA began the process of developing the following: (1) 
A revised SIP document for each state that would be incorporated by 
reference under the provisions of title 1 CFR part 51; (2) a revised 
mechanism for announcing EPA approval of revisions to an applicable SIP 
and updating both the IBR document and the CFR; and (3) a revised 
format of the ``Identification of plan'' sections for each applicable 
subpart to reflect these revised IBR procedures. The description of the 
revised SIP document, IBR procedures, and ``Identification of plan'' 
format are discussed in further detail in the May 22, 1997, Federal 
Register document.

D. How EPA Compiles the SIP

    The federally approved regulations, source-specific requirements, 
and nonregulatory provisions (entirely or portions of) submitted by 
each state agency and approved by EPA have been organized into a ``SIP 
compilation.'' The compilation is contained in three-ring binders and 
will be updated, primarily on an annual basis. The New York SIP 
compilation is available at the Environmental Protection Agency, Region 
2 Office: 290 Broadway, New York, New York 10007; (212) 637-4249.

E. How EPA Organizes the SIP Compilation

    Each SIP compilation contains three parts approved by EPA: part one 
contains regulations, part two contains source-specific requirements, 
and part three contains nonregulatory provisions. Each state's SIP 
compilation contains a table of identifying information for each of 
these three parts. In this action, EPA is publishing the tables 
summarizing the applicable SIP requirements for New York. The effective 
dates in the tables indicate the date of the most recent state revision 
of each regulation. The EPA Region 2 Office has the primary 
responsibility for updating the compilation and ensuring its accuracy.

F. Where You Can Find a Copy of the SIP Compilation

    EPA's Region 2 Office developed and will maintain the compilation 
for New York. A copy of the full text of New York's regulatory and 
source-specific compilations will also be maintained at NARA and EPA's 
Air Docket and Information Center.

G. The Format of the New Identification of Plan Section

    In order to better serve the public, EPA revised the organization 
of the ``Identification of plan'' section and included additional 
information to clarify which provisions are the enforceable elements of 
the SIP. The revised Identification of plan section contains five 
subsections: (a) Purpose and scope, (b) Incorporation by reference, (c) 
EPA-approved regulations, (d) EPA-approved source-specific 
requirements, and (e) EPA-approved nonregulatory provisions such as 
transportation control measures, statutes, control strategies, and 
monitoring networks.

H. When a State Submission Becomes Part of the SIP and Federally 
Enforceable

    All revisions to the applicable SIP become federally enforceable as 
of the effective date of the revisions to paragraphs (c), (d), or (e) 
of the applicable Identification of plan section found in each subpart 
of 40 CFR part 52.

I. The Historical Record of SIP Revision Approvals

    To facilitate enforcement of previously approved SIP provisions and 
provide a smooth transition to the new SIP compilation, EPA has 
retained the original Identification of plan section, previously 
appearing in the CFR as the first or second section of part 52 for each 
state subpart. After an initial two-year period, EPA will review its 
experience with the new table format and will decide whether or not to 
retain the historical Identification of plan appendices for some 
further period.

II. What is EPA doing in this action?

    Today's rule constitutes a reformatting exercise to ensure that all 
revisions to the state programs and accompanying SIP that have already 
occurred are accurately reflected in 40 CFR part 52. State SIP 
revisions are subject to the EPA regulations at 40 CFR part 51. When 
EPA receives a formal SIP revision request, the Agency must publish its 
proposed rulemaking in the Federal Register and provide for public 
comment before approval.
    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation, and section 553(d)(3), which allows 
an agency to make a rule effective immediately, thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA. 
Today's rule simply reorganizes and codifies provisions that are 
already in effect as a matter of law in Federal and approved state 
programs. Accordingly, we find that public

[[Page 41707]]

comment is ``unnecessary'' and ``contrary to the public interest'' 
under section 553 of the APA, since the reorganization and codification 
of the revised format for denoting IBR of the state materials into the 
SIP only reflects existing law and since immediate notice in the CFR 
benefits the public by removing outdated citations from the CFR.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a significant regulatory action and is therefore not 
subject to review by the Office of Management and Budget. This rule is 
not subject to Executive Order 13211, Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866. Because the agency has made a good cause 
finding that this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute as indicated in the Supplementary Information section above, it 
is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 
104-4). In addition, this action does not significantly or uniquely 
affect small governments or impose a significant intergovernmental 
mandate, as described in sections 203 and 204 of UMRA. This rule also 
does 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), nor will it 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 rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant. This rule does not involve 
technical standards; 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. The rule also does not involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this 
rule, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct, as required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the 
takings implications of the rule in accordance with the Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings issued under the executive order. 
This rule does not impose an information collection burden under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's 
compliance with these statutes and Executive Orders for the underlying 
rules are discussed in previous actions taken on the State's rules.

B. Submission to Congress and the Comptroller General

    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. Today's 
action simply codifies provisions which are already in effect as a 
matter of law in Federal and approved State programs. 5 U.S.C. 808(2). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefore, and established an effective date of July 15, 
2011. 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. This rule is not a major rule as 
defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the Clean Air Act pertaining to petitions for judicial review are not 
applicable to this action. Prior EPA rulemaking actions for each 
individual component of the New York SIP compilation had previously 
afforded interested parties the opportunity to file a petition for 
judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of such rulemaking action. Thus, EPA 
sees no need in this action to reopen the 60-day period for filing such 
petitions for judicial review for these ``Identification of plan'' 
reorganization actions for New York.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 1, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
    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. 7401-7671q.

Subpart HH--New York


Sec.  52.1670  [Redesignated as Sec.  52.1689]

0
2. Section 52.1670 is redesignated as Sec.  52.1689.

0
3. In newly designated Sec.  52.1689 the section heading and paragraph 
(a) are revised to read as follows:


Sec.  52.1689  Original Identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of New York'' and all revisions submitted by New York 
that were Federally approved prior to January 1, 2011.
* * * * *

0
4. A new Sec.  52.1670 is added to read as follows:


Sec.  52.1670  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for New York under section 110 of the Clean 
Air Act, as amended, 42 U.S.C. 7401 et seq., and 40 CFR part 51 to meet 
National Ambient Air Quality Standards.
    (b) Incorporation by reference.
    (1) Material listed in paragraphs (c) and (d) of this section with 
an EPA approval date prior to January 1, 2011, was approved for 
incorporation by reference by the Director of the Federal

[[Page 41708]]

Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material 
is incorporated as it exists on the date of the approval, and notice of 
any change in the material will be published in the Federal Register. 
Entries in paragraphs (c) and (d) of this section with an EPA approval 
date after January 1, 2011, will be incorporated by reference in the 
next update to the SIP compilation.
    (2) EPA Region 2 certifies that the rules/regulations provided by 
the EPA in the SIP compilation at the addresses in paragraph (b)(3) of 
this section are an exact duplicate of the officially promulgated State 
rules/regulations, which have been approved as part of the SIP as of 
January 1, 2011.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 2, Air 
Programs Branch, 290 Broadway, New York, New York 10007; the EPA, Air 
and Radiation Docket and Information Center, EPA Headquarters Library, 
Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution 
Ave., NW., Washington, DC 20460, and the National Archives and Records 
Administration. If you wish to obtain materials from a docket in the 
EPA Headquarters Library, please call the Office of Air and Radiation 
(OAR) Docket/Telephone number: (202) 566-1742. For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) EPA approved regulations.

                                     EPA-Approved New York State Regulations
----------------------------------------------------------------------------------------------------------------
                                         State
      New York State regulation        effective     Latest EPA approval                  Comments
                                          date              date
----------------------------------------------------------------------------------------------------------------
Title 6:
    Part 200, General Provisions,          3/5/09  11/17/10, 75 FR 70140   The word odor is removed from the
     Section 200.1.                                                         Subpart 200.1(d) definition of ``air
                                                                            contaminant or air pollutant.''
                                      ...........  ......................  Redesignation of non-attainment areas
                                                                            to attainment areas (200.1(av)) does
                                                                            not relieve a source from compliance
                                                                            with previously applicable
                                                                            requirements as per letter of Nov.
                                                                            13, 1981 from H. Hovey, NYSDEC.
                                      ...........  ......................  Changes in definitions are acceptable
                                                                            to EPA unless a previously approved
                                                                            definition is necessary for
                                                                            implementation of an existing SIP
                                                                            regulation.
                                      ...........  ......................  EPA is including the definition of
                                                                            ``Federally enforceable'' with the
                                                                            understanding that (1) the
                                                                            definition applies to provisions of
                                                                            a Title V permit that are correctly
                                                                            identified as Federally enforceable,
                                                                            and (2) a source accepts operating
                                                                            limits and conditions to lower its
                                                                            potential to emit to become a minor
                                                                            source, not to ``avoid'' applicable
                                                                            requirements.
    Section 200.9, Table 1 (Part 231       3/5/09  11/17/10, 75 FR 70140   EPA is approving reference documents
     references).                                                           that are not already Federally
                                                                            enforceable.
    Sections 200.6, 200.7 and 200.9.      2/25/00  4/22/08, 73 FR 21548    EPA is approving reference documents
                                                                            that are not already Federally
                                                                            enforceable.
    Part 201, Permits and                  4/4/93  10/3/05, 70 FR 57511    This action removes subpart 201.5(e)
     Certificates.                                                          from the State's Federally approved
                                                                            SIP.
    Subpart 201-2.1(b)(21),                3/5/09  11/17/10, 75 FR 70140   EPA is including the definition of
     Definitions.                                                           ``Major stationary source or major
                                                                            source or major facility'' with the
                                                                            understanding that the definition
                                                                            applies only to provisions of part
                                                                            231.
    Subpart 201-7.1, General........       7/7/96  10/3/05, 70 FR 57511    .....................................
    Subpart 201-7.2, Emission              7/7/96  10/3/05, 70 FR 57511    .....................................
     Capping Using Synthetic Minor
     Permits.
    Part 202, Emissions Testing,          3/24/79  11/12/81, 46 FR 55690   .....................................
     Sampling and Analytical
     Determinations.
    Subpart 202-2, Emission               5/29/05  10/31/07, 72 FR 61530   Section 202-2.3(c)(9) requires
     Statements.                                                            facilities to report individual HAPs
                                                                            that may not be classified as
                                                                            criteria pollutants or precursors to
                                                                            assist the State in air quality
                                                                            planning needs. EPA will not take
                                                                            SIP-related enforcement action on
                                                                            these pollutants.
    Part 204, NOX Budget Trading          2/25/00  5/22/01, 66 FR 28063    Incorporates NOXSIP Call and NOX
     Program.                                                               Budget Trading Program for 2003 and
                                                                            thereafter.
    Part 205, Architectural and          11/22/03  12/13/04, 69 FR 72118   .....................................
     Industrial Maintenance Coatings.
    Part 207, Control Measures for        2/22/79  11/12/81, 46 FR 55690   .....................................
     an Air Pollution Episode.
    Part 211, General Prohibitions..      8/11/83  11/27/98, 63 FR 65559   Section 211.2 has been removed from
                                                                            the approved plan.
    Part 212, General Process             9/22/94  9/25/01, 66 FR 48961    .....................................
     Emission Sources.
    Part 213, Contaminant Emissions        5/1/72  9/22/72, 37 FR 19814    .....................................
     from Ferrous Jobbing Foundries.
    Part 214, By-Product Coke Oven        9/22/94  7/20/06, 71 FR 41163    .....................................
     Batteries.
    Part 215, Open Fires............      6/16/72  9/22/72, 37 FR 19814    .....................................
    Part 216, Iron and/or Steel           9/22/94  7/20/06, 71 FR 41163    .....................................
     Processes.

[[Page 41709]]

 
    Part 217, Motor Vehicle
     Emissions.
    Subpart 217-1, Motor Vehicle         10/30/02  2/21/07, 72 FR 7829     .....................................
     Enhanced Inspection and
     Maintenance Program
     Requirements.
    Subpart 217-4, Inspection and        10/30/02  2/21/07, 72 FR 7829     .....................................
     Maintenance Program Audits.
    Part 218, Emission Standards for  ...........  ......................  EPA's approval of part 218 only
     Motor Vehicles and Motor                                               applies to light-duty vehicles.
     Vehicle Engines.
    Subpart 218-1: Applicability and     12/28/00  1/31/05, 70 FR 4773     .....................................
     Definitions.
    Subpart 218-2: Certification and     12/28/00  1/31/05, 70 FR 4773     .....................................
     Prohibitions.
    Subpart 218-3: Fleet Average....     12/28/00  1/31/05, 70 FR 4773     .....................................
    Subpart 218-4: Zero Emissions         5/28/92  1/6/95, 60 FR 2025      .....................................
     Vehicle Sales Mandate.
    Subpart 218-5: Testing..........     12/28/00  1/31/05, 70 FR 4773     .....................................
    Subpart 218-6: Surveillance.....     12/28/00  1/31/05, 70 FR 4773     .....................................
    Subpart 218-7: Aftermarket Parts     12/28/00  1/31/05, 70 FR 4773     .....................................
    Subpart 218-8: Severability.....     12/28/00  1/31/05, 70 FR 4773     .....................................
    Part 219, Incinerators..........       5/1/72  9/22/72, 37 FR 19814    .....................................
    Part 220, Portland Cement Plants      3/14/73  11/12/81, 46 FR 55690   .....................................
    Part 222, Incinerators--New York      6/17/72  9/22/72, 37 FR 19814    .....................................
     City, Nassau and Westchester
     Counties.
    Part 223, Petroleum Refineries..       8/9/84  7/19/85, 50 FR 29382    .....................................
    Part 224, Sulfuric and Nitric         5/10/84  7/19/85, 50 FR 29382    Variances adopted by the State
     Acid Plants.                                                           pursuant to Part 224.6(b) become
                                                                            applicable only if approved by EPA
                                                                            as SIP revisions 7/19/85, 50 FR
                                                                            29382.
    Subpart 225-1, Fuel Composition       3/24/79  11/12/81, 46 FR 55690   Variances adopted by the State
     and Use-Sulfur Limitations.                                            pursuant to Sec.  Sec.   225.2(b)
                                                                            and (c), 225.3, and 225.5(c) become
                                                                            applicable only if approved by EPA
                                                                            or SIP revisions (40 CFR
                                                                            52.1675(e)).
    Subpart 225-2, Fuel Composition       7/28/83  8/2/84, 49 FR 30936     .....................................
     and Use-Waste Fuel.
    Part 225-3, Fuel Composition and      11/4/01  9/8/05, 70 FR 53304     The Variance adopted by the State
     Use--Gasoline.                                                         pursuant to section 225-3.5 becomes
                                                                            applicable only if approved by EPA
                                                                            as a SIP revision.
    Part 226, Solvent Metal Cleaning       5/7/03  1/23/04, 69 FR 3240     .....................................
     Processes.
    Part 227, Stationary Combustion        5/1/72  9/22/72, 37 FR 19814    .....................................
     Installations [1972 version]/
     section 227.2(b)(1).
    Part 227, Stationary Combustion   ...........  ......................  Existing Part 227 is renumbered
     Installations.                                                         Subpart 227-1.
    Subpart 227-1, Stationary             2/25/00  5/22/01, 66 FR 28063    Renumbered sections 227-1.2(a)(2),
     Combustion Installations.                                              227-1.4(a), and 227-1.4(d) continue
                                                                            to be disapproved according to 40
                                                                            CFR 52.1678(d) and 52.1680(a). (New
                                                                            York repealed existing Part 227.5.)
    Subpart 227-2, Reasonably             2/11/04  1/13/05, 70 FR 2358     .....................................
     Available Control Technology
     (RACT) for Oxides of Nitrogen
     (NOX).
    Subpart 227-3, Pre-2003 Nitrogen       3/5/99  5/22/01, 66 FR 28063    Approval of NOX Budget Trading
     Oxides Emissions Budget and                                            Program for 1999, 2000, 2001 and
     Allowance Program.                                                     2002. NOX caps in the State during
                                                                            2003 and thereafter established in
                                                                            Part 204.
    Part 228, Surface Coating             7/23/03  1/23/04, 69 FR 3240     .....................................
     Processes.
    Part 229, Petroleum and Volatile       4/4/93  12/23/97, 62 FR 67006   SIP revisions submitted in accordance
     Organic Liquid Storage and                                             with Section 229.3(g)(1) are
     Transfer.                                                              effective only if approved by EPA.
    Part 230, Gasoline Dispensing         9/22/94  4/30/98, 63 FR 23668    .....................................
     Sites and Transport Vehicles.
    Part 231, New Source Review for        3/5/09  11/17/10, 75 FR 70140   Partial approval; no action taken on
     New and Modified Facilities.                                           provisions that may require PSD
                                                                            permits for sources of greenhouse
                                                                            gas (GHG) emissions with emissions
                                                                            below the thresholds identified in
                                                                            EPA's final PSD and Title V GHG
                                                                            Tailoring Rule at 75 FR 31514, 31606
                                                                            (June 3, 2010).
    Part 232, Dry Cleaning..........      8/11/83  6/17/85, 50 FR 25079    EPA has not determined that Sec.
                                                                            232.3(a) provides for reasonably
                                                                            available control technology.

[[Page 41710]]

 
    Part 233, Pharmaceutical and           4/4/93  12/23/97, 62 FR 67006   SIP revisions submitted in accordance
     Cosmetic Manufacturing                                                 with Section 223.3(h)(1) are
     Processes.                                                             effective only if approved by EPA.
    Part 234, Graphic Arts..........       4/4/93  12/23/97, 62 FR 67006   SIP revisions submitted in accordance
                                                                            with Section 234.3(f)(1) are
                                                                            effective only if approved by EPA.
    Part 235, Consumer Products.....     10/15/09  5/28/10, 75 FR 29897    .....................................
    Part 236, Synthetic Organic           1/12/92  7/27/93, 58 FR 40059    Variances adopted by the State
     Chemical Manufacturing Facility                                        pursuant to Part 236.6(e)(3) become
     Component Leaks.                                                       applicable only if approved by EPA
                                                                            as a SIP revision.
    Part 239, Portable Fuel               7/30/09  5/28/10, 75 FR 29897    The specific application of
     Container Spillage Control.                                            provisions associated with alternate
                                                                            test methods, variances and
                                                                            innovative products, must be
                                                                            submitted to EPA as SIP revisions.
    Part 243, CAIR NOX Ozone Season      10/19/07  1/24/08, 73 FR 4112     .....................................
     Trading Program.
    Part 244, CAIR NOX Annual            10/19/07  1/24/08, 73 FR 4112     .....................................
     Trading Program.
    Part 245, CAIR SO2Trading            10/19/07  1/24/08, 73 FR 4112     .....................................
     Program.
Title 15:
    Part 79, Motor Vehicle                 5/4/05  2/21/07, 72 FR 7829     .....................................
     Inspection Regulations,
     Sections 79.1-79.15, 79.17,
     79.20, 79.21, 79.24, 79.25.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved State source-specific requirements.

                                EPA-Approved New York Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                   Identifier/       State effective/      EPA  approval
        Name of source           emission point       approval date            date             Explanation
----------------------------------------------------------------------------------------------------------------
Dunlop Tire and Rubber          Green tire        Consent Order [81-36,  1/26/84, 49 FR    Part 212 VOC RACT
 Corporation.                    spraying, bead    9-0420]--8/19/81,      3436              Compliance Plan.
                                 dipping, and      Consent Order
                                 under tread and   Amendment letters--1/
                                 tread end         29/82 and 3/3/82.
                                 cementing
                                 processes.
Morton International Inc......  00027...........  Permit--9/1/95         9/23/97, 62 FR    Part 227-2, NOX RACT
                                                   Special Permit         49617             determination.
                                                   Conditions letter--8/
                                                   23/95.
University of Rochester.......  00003 and 00005.  Permit--4/25/96        9/23/97, 62 FR    Part 227-2, NOX RACT
                                                   Special Permit         49617             determination.
                                                   Conditions letter--.
                                                  3/19/96..............
Algonquin Gas Transmission      ................  Special Conditions--9/ 9/23/97, 62 FR    Part 227-2, NOX RACT
 Company.                                          23/91.                 49617             determination.
                                ................  Permit Correction--8/  ................  .....................
                                                   8/96.
                                R0100...........  Permit--9/23/91,       ................  .....................
                                                   Special Permit
                                                   Conditions letter--.
                                                  3/18/96..............
                                R0200...........  Permit--9/23/91,       ................  .....................
                                                   Special Permit
                                                   Conditions letter--.
                                                  3/18/96..............
                                R0300...........  Permit--9/23/91,       ................  .....................
                                                   Special Permit
                                                   Conditions letter--.
                                                  3/18/96..............
                                R0400...........  Permit--9/23/91,       ................  .....................
                                                   Special Permit
                                                   Conditions letter--.
                                                  3/29/96,.............
Tenneco Gas Corporation's       ................  .....................  7/21/03, 68 FR    Part 227-2, NOX RACT
 (also known as Tenneco Gas                                               42981             determination.
 Pipeline Company and
 Tennessee Gas Pipeline
 Company).

[[Page 41711]]

 
    Station 229...............  0001A through     Permits--8/22/95.....  ................  .....................
                                 0006A.
    Station 245...............  00001 through     Special Permit         ................  .....................
                                 00006.            Conditions letter--2/
                                                   24/97.
    Station 254...............  00001 through     Permits--10/4/95       ................  .....................
                                 00006.            Special Permit
                                                   Conditions letter--.
                                                  9/15/95..............
General Chemical Corporation..  0SN1A and 0SN1B.  Permit conditions      7/1/04, 69 FR     Part 212, NOX RACT
                                                   letter--12/16/97.      39858             determination. 6/23/
                                                                                            05 letter informing
                                                                                            NYDSDEC that the
                                                                                            approval will
                                                                                            automatically
                                                                                            convert to a
                                                                                            disapproval.
----------------------------------------------------------------------------------------------------------------

    (e) EPA approved nonregulatory and quasi-regulatory provisions.


                       EPA-Approved New York Nonregulatory And Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                               Applicable geographic                             EPA  approval
      Action/SIP element       or nonattainment area  New York submittal date        date          Explanation
----------------------------------------------------------------------------------------------------------------
SIP revision for carbon        New York-Northern New                  8/30/99  4/19/00, 65 FR    ...............
 monoxide concerning the        Jersey-Long Island                              20909
 oxyfuel program.               carbon monoxide
                                nonattainment area.
Stage II gasoline vapor        Upstate portions of                    4/18/00  9/29/00, 65 FR    ...............
 recovery comparability plan.   New York State.                                 58364
The 1990 base year emission    Areas designated                        2/2/99  5/10/01, 66 FR    ...............
 inventory (Volatile organic    nonattainment for                               23851
 compounds (VOC), Nitrogen      ozone since 1991 in
 oxides (NOX) and Carbon        New York State.
 monoxide (CO)).
1996 and 1999 ozone            New York portion of                     2/2/99  5/10/01, 66 FR    ...............
 projection year emission       the New York-                                   23851
 inventories.                   Northern New Jersey-
                                Long Island 1-hour
                                ozone nonattainment
                                area.
Photochemical assessment       New York portion of                     2/2/99  5/10/01, 66 FR    ...............
 monitoring stations network.   the New York-                                   23851
                                Northern New Jersey-
                                Long Island 1-hour
                                ozone nonattainment
                                area.
Enforceable commitments for    New York portion of                     2/2/99  5/10/01, 66 FR    ...............
 ozone.                         the New York-                                   23851
                                Northern New Jersey-
                                Long Island 1-hour
                                ozone nonattainment
                                area.
15 Percent Rate of Progress    New York portion of                     2/2/99  5/10/01, 66 FR    ...............
 Plan and the 9 Percent         the New York-                                   23851
 Reasonable Further Progress    Northern New Jersey-
 Plan for ozone.                Long Island 1-hour
                                ozone nonattainment
                                area.
2002, 2005 and 2007 ozone      New York portion of                   11/27/98  2/4/02, 67 FR     ...............
 projection year emission       the New York-                                   5194
 inventories.                   Northern New Jersey-
                                Long Island 1-hour
                                ozone nonattainment
                                area.
Reasonable Further Progress    New York portion of                   11/27/98  2/4/02, 67 FR     ...............
 Plans for milestone years      the New York-                                   5194
 2002, 2005 and 2007 for        Northern New Jersey-
 ozone.                         Long Island 1-hour
                                ozone nonattainment
                                area.
Contingency measures for       New York portion of                   11/27/98  2/4/02, 67 FR     ...............
 ozone.                         the New York-                                   5194
                                Northern New Jersey-
                                Long Island 1-hour
                                ozone nonattainment
                                area.
Reasonably Available Control   New York portion of                    10/1/01  2/4/02, 67 FR     ...............
 Measure Analysis for ozone.    the New York-                                   5194
                                Northern New Jersey-
                                Long Island 1-hour
                                ozone nonattainment
                                area.
Attainment demonstration for   New York portion of     11/27/98, supplemented  2/4/02, 67 FR     ...............
 ozone.                         the New York-         on 4/15/99, and 4/18/00   5194
                                Northern New Jersey-
                                Long Island 1-hour
                                ozone nonattainment
                                area.
Enforceable commitments for    New York portion of                    4/18/00  2/4/02, 67 FR     ...............
 future actions associated      the New York-                                   5194
 with attainment of the 1-      Northern New Jersey-
 hour ozone national ambient    Long Island 1-hour
 air quality standard.          ozone nonattainment
                                area.
SIP revision to the carbon     Onondaga County......                  6/22/04  9/8/05, 70 FR     ...............
 monoxide maintenance plan.                                                     53304
1990 and 2007 conformity       New York portion of        1/29/03, amended on  9/13/05, 70 FR    ...............
 emission budgets for ozone.    the New York-             6/29/03 and 1/18/05   53944
                                Northern New Jersey-
                                Long Island 1-hour
                                ozone nonattainment
                                area.

[[Page 41712]]

 
Revised commitment to perform  New York portion of                    1/29/03  9/13/05, 70 FR    ...............
 a mid-course review for        the New York-                                   53944
 ozone.                         Northern New Jersey-
                                Long Island 1-hour
                                ozone nonattainment
                                area.
New York reasonably available  Statewide and to the   9/1/06, supplemented on  7/23/10, 75 FR    ...............
 control technology (RACT)      New York portion of        2/8/08 and 9/16/08   43069
 analysis for ozone.            the New York-
                                Northern New Jersey-
                                Long Island, NY-NJ-
                                CT and the
                                Poughkeepsie 8-hour
                                ozone moderate
                                nonattainment areas.
Reasonably available control   New York portion of                     2/8/08  7/23/10, 75 FR    ...............
 measure (RACM) analysis for    the New York-                                   43069
 ozone.                         Northern New Jersey-
                                Long Island, NY-NJ-
                                CT 8-hour ozone
                                moderate
                                nonattainment area.
----------------------------------------------------------------------------------------------------------------

Sec.  52.1679  [Reserved]

0
5. Section 52.1679 is removed and reserved.
[FR Doc. 2011-17782 Filed 7-14-11; 8:45 am]
BILLING CODE 6560-50-P