Approval and Promulgation of Implementation Plans; New York; Revised Format of Materials Being Incorporated by Reference, 41705-41712 [2011-17782]
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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.
*
*
*
*
*
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*
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
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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
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:
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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: https://
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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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: https://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 ................
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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
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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.
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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 .....
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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
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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 .....................
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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
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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, ...................................................
.................................................................
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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.
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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
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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–
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SUMMARY:
VerDate Mar<15>2010
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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 https://
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 https://
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 https://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
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
https://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:
https://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
