Approval and Promulgation of Implementation Plans; New York State Ozone Implementation Plan Revision, 41846-41850 [2013-16493]
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(COTP) or the designated
representatives.
(1) Definitions. The following
definitions apply to this section:
(i) Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the COTP, Sector
Long Island Sound, to act on his or her
behalf. The designated representative
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF-FM radio or
loudhailer. In addition, members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
(ii) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP Sector Long
Island Sound.
(iii) Spectators. All persons and
vessels not registered with the event
sponsor as participants or official patrol
vessels.
(2) Spectators desiring to enter or
operate within the regulated area should
contact the COTP Sector Long Island
Sound at 203–468–4401 (Sector LIS
command center) or the designated
representative via VHF channel 16 to
obtain permission to do so. Spectators
given permission to enter or operate in
the regulated area must comply with all
directions given to them by the COTP
Sector Long Island Sound or the
designated on-scene representative.
(3) Upon being hailed by a U.S. Coast
Guard vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(4) Fireworks barges used in this
location will have a sign on their port
and starboard side labeled
‘‘FIREWORKS—STAY AWAY’’. This
sign will consist of 10 inch high by 1.5
inch wide red lettering on a white
background.
Dated: June 20, 2013.
J.M. Vojvodich,
Captain, U. S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2013–16713 Filed 7–11–13; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–1084]
Safety Zones; Annual Fireworks
Events in the Captain of the Port
Buffalo Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
At various times throughout
the month of July, the Coast Guard will
enforce certain safety zones for annual
fireworks events in the Captain of the
Port Buffalo Zone. This action is
necessary and intended for the safety of
life and property on navigable waters
during this event. During each
enforcement period, no person or vessel
may enter the respective safety zone
without the permission of the Captain of
the Port Buffalo.
DATES: The regulations in 33 CFR
165.939 will be enforced on the dates
and times listed in the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Waterways Management
Division, Coast Guard Sector Buffalo, 1
Fuhrmann Blvd. Buffalo, NY 14203;
Coast Guard telephone 716–843–9343,
email
SectorBuffaloMarineSafety@uscg.mil.
SUMMARY:
The Coast
Guard will enforce the Safety Zones;
Annual Fireworks Events in the Captain
of the Port Buffalo Zone listed in 33 CFR
165.939 for the following events:
(1) Sheffield Lake Fireworks, Sheffield
Lake, OH; The safety zone listed in 33
CFR 165.939(a)(27) from 9:30 p.m. to
10:50 p.m. on July 12, 2013.
(2) French Festival Fireworks, Cape
Vincent, NY; The safety zone listed in
33 CFR 165.939(a)(3) from 9:15 p.m. to
11 p.m. on July 13, 2013.
(3) Oswego Harborfest, Oswego, NY;
The safety zone listed in 33 CFR
165.939(a)(7) from 8:30 p.m. to 10:30
p.m. on July 27, 2013.
Pursuant to 33 CFR 165.23, entry into,
transiting, or anchoring within these
safety zones during an enforcement
period is prohibited unless authorized
by the Captain of the Port Buffalo or his
designated representative. Those
seeking permission to enter one of these
safety zones may request permission
from the Captain of Port Buffalo via
channel 16, VHF–FM. Vessels and
persons granted permission to enter one
SUPPLEMENTARY INFORMATION:
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of these safety zones shall obey the
directions of the Captain of the Port
Buffalo or his designated representative.
While within a safety zone, all vessels
shall operate at the minimum speed
necessary to maintain a safe course.
This notice is issued under authority
of 33 CFR 165.939 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of these enforcement
periods via Broadcast Notice to
Mariners or Local Notice to Mariners. If
the Captain of the Port Buffalo
determines that one of these safety
zones need not be enforced for the full
duration stated in this notice he or she
may use a Broadcast Notice to Mariners
to grant general permission to enter the
respective safety zone.
Dated: June 27, 2013.
J.S. Imahori,
Commander, U.S. Coast Guard, Acting
Captain of the Port Buffalo.
[FR Doc. 2013–16863 Filed 7–11–13; 8:45 a.m.]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2013–0180, FRL–9830–7]
Approval and Promulgation of
Implementation Plans; New York State
Ozone Implementation Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the New York State Implementation
Plan (SIP) for ozone concerning the
control of oxides of nitrogen. The SIP
revision consists of amendments to Title
6 of the New York Codes, Rules and
Regulations Part 200, ‘‘General
Provisions,’’ Part 212, ‘‘General Process
Emission Sources,’’ Part 220, ‘‘Portland
Cement Plants and Glass Plants,’’ and
Subpart 227–2, ‘‘Reasonably Available
Control Technology (RACT) For Major
Facilities of Oxides of Nitrogen (NOX).’’
The intended effect of this action is to
approve control strategies, required by
the Clean Air Act, which will result in
emission reductions that will help attain
and maintain the national ambient air
quality standards for ozone.
DATES: This rule will be effective August
12, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2013–0180. All
SUMMARY:
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documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI 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
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York,
New York 10007–1866. The Air
Programs Branch dockets are available
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The Air Programs Branch
telephone number is 212–637–4249.
Kirk
J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–3381.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What was included in New York’s
submittals?
II. What comments did EPA receive in
response to its proposal?
III. What is EPA’s evaluation of part 212,
‘‘General Process Emission Sources’’?
IV. What is EPA’s evaluation of part 220,
‘‘Portland Cement Plants and Glass
Plants’’?
V. What is EPA’s evaluation of part 227–2,
‘‘Reasonably Available Control
Technology (RACT) For Major Facilities
of Oxides of Nitrogen (NOX)’’?
VI. What other revisions did New York
make?
VII. What is EPA’s conclusion?
VIII. Statutory and Executive Order Reviews
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I. What was included in New York’s
submittals?
On August 19, 2010 and December 15,
2010, the New York State Department of
Environmental Conservation (NYSDEC),
submitted to EPA proposed revisions to
the SIP, which included State adopted
revisions to four regulations contained
in Title 6 of the New York Code of Rules
and Regulations (6 NYCRR) Part 200,
‘‘General Provisions,’’ Part 212,
‘‘General Process Emission Sources,’’
Part 220, ‘‘Portland Cement Plants and
Glass Plants,’’ and Part 227–2,
‘‘Reasonably Available Control
Technology (RACT) For Major Facilities
of Oxides of Nitrogen (NOX),’’ with
effective dates of January 1, 2011,
September 30, 2010, July 11, 2010 and
July 8, 2010, respectively.
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II. What comments did EPA receive in
response to its proposal?
On April 10, 2013 (78 FR 21302), EPA
proposed to approve New York’s revised
Parts 200, 212, 220 and 227–2. For a
detailed discussion on the content and
requirements of the revisions to New
York’s regulations, the reader is referred
to EPA’s proposed rulemaking action.
In response to EPA’s April 10, 2013
proposed rulemaking action, EPA
received no public comments.
III. What is EPA’s evaluation of part
212, ‘‘General Process Emission
Sources’’?
The NYSDEC revised 6 NYCRR Part
212, by adding section 212.12, ‘‘Hot mix
asphalt production plants,’’ to include
control requirements for hot mix asphalt
production plants. These control
requirements will be specifically aimed
at reducing NOX emissions resulting
from combustion during the aggregate
drying and heating process.
With the exception of section 212.12,
NOX RACT requirements under Part 212
affect only major facilities. Major
facilities or major sources are those that
have a potential to emit NOX emissions
in excess of 100 tons/yr (upstate) and 25
tons/yr (downstate or in the New York
Metropolitan Area). Most, if not all, hot
mix asphalt plants in New York State
are minor sources. These new
requirements will therefore be targeted
primarily at minor sources. On February
28, 2013, New York submitted a letter
to EPA certifying that there are no
‘‘major source’’ asphalt production
plants located in New York State.
Part 212 contains the required
elements for a federally enforceable
rule: Emission control requirements,
compliance procedures and test
methods, compliance dates and record
keeping provisions. Therefore, EPA is
approving the revisions to Part 212.
IV. What is EPA’s evaluation of part
220, ‘‘Portland Cement Plants and Glass
Plants’’?
The NYSDEC revised 6 NYCRR Part
220, which is divided into two subparts:
220–1 for portland cement plants; and
220–2 for glass manufacturing plants. In
addition to other requirements, the
existing regulation imposed RACT
requirements on NOX emissions from
portland cement kilns. The NYSDEC
revised Part 220 to require updated NOX
RACT for cement kilns at portland
cement plants, and to require NOX
RACT for glass furnaces at glass plants.
The revisions will apply statewide to
major facilities only. Major facilities are
those that have a potential to emit NOX
emissions that exceed 100 tons/yr
(upstate) and 25 tons/yr (downstate).
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41847
The NYSDEC is taking a RACT
approach that requires a facility specific
analysis. The plant owner or operator
will be required to perform a facility
specific RACT analysis for emissions of
NOX that includes proposed NOX RACT
emission limit(s), identifies the
procedures and monitoring equipment
to be used to demonstrate compliance
with the proposed NOX RACT emission
limit(s), and includes a schedule for
equipment installation. The RACT
analysis will be submitted to the
NYSDEC for review and approval and
subsequently submitted to EPA as a
proposed revision to the SIP.
Subpart 220–1 Portland Cement Plants
It is EPA’s understanding that there
are three portland cement plants located
in New York State that are subject to the
RACT provisions of subpart 220–1
(Holcim, Lafarge and Lehigh). These
three facilities are also subject to New
York’s regional haze plan’s best
available retrofit technologies (BART)
provisions pursuant to 6 NYCRR Part
249.
On August 28, 2012 (77 FR 51915),
EPA approved the BART determinations
for the three portland cement plants
pursuant to Part 249. Although EPA
believes that the BART determinations
approved for these facilities would also
constitute RACT, New York is obligated
to perform RACT evaluations and
submit the RACT determinations to EPA
as SIP revisions in order to satisfy the
subpart 220–1.6(b)(4) RACT
requirement and sections 172(c)(1) and
182(b) of the Clean Air Act (Act). In a
letter dated February 28, 2013 to EPA,
New York commits to submit the
applicable single source NOX RACT
determinations to EPA by December 1,
2013.
EPA evaluated the provisions of
subpart 220–1 for consistency with the
Act, EPA regulations, and EPA policy,
and is conditionally approving them
based on New York submitting the
individual single source RACT
determinations to EPA by December 1,
2013.
Subpart 220–2
Glass Plants
It is EPA’s understanding that there
are four glass plants located in New
York State. Subpart 220–2 does not
identify a specific control strategy or
emission limit as RACT for these
facilities and requires individual source
specific RACT determinations. To date,
EPA has not received any of those
source specific RACT determinations.
However, in a letter dated February 28,
2013 to EPA, New York commits to
submit the applicable single source NOX
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RACT determinations to EPA by
December 1, 2013.
EPA evaluated the provisions of
subpart 220–2 for consistency with the
Act, EPA regulations, and EPA policy,
and is conditionally approving them
based on New York submitting the
individual single source RACT
determinations to EPA by December 1,
2013.
V. What is EPA’s evaluation of part
227–2, ‘‘Reasonably Available Control
Technology (RACT) for Major Facilities
of Oxides of Nitrogen (NOX)’’?
New York adopted revisions to
Subpart 227–2 for the purpose of
imposing more stringent emission limits
on major stationary sources of NOX that
contribute to local and regional
nonattainment of the 1997 and 2008
ozone standards. The revisions to
Subpart 227–2 essentially entail
increasing the stringency of emissions
limits for six of the source categories
and lowering of the size thresholds for
two categories of sources. There are also
two revisions that will allow subject
sources increased flexibility in
achieving compliance—one allows
different owners to engage in a systems
averaging plan and the second allows a
permanent shutdown by a date certain
as a compliance option.
Regarding the systems averaging plan,
EPA has not classified any 8-hour ozone
nonattainment areas in New York as
‘‘severe.’’ However, EPA classified the
New York City Metropolitan area
(NYMA) as severe nonattainment for the
1-hour standard. Although EPA revoked
the 1-hour standard, the ‘‘severe’’
classification for the NYMA 1-hour area
was retained to maintain consistency
with existing SIP-approved regulations
and the ‘‘anti-backsliding’’ provisions of
the Act. The counties affected by the 1hour ‘‘severe’’ classification are the
same counties defined by EPA for New
York’s marginal 2008 8-hour ozone
nonattainment area for the NYMA and
include the same counties now being
maintained for the 1997 8-hour
moderate ozone NYMA. As discussed in
the April 10, 2013 proposed rule, since
New York avoids potential confusion by
defining the affected counties in the
‘‘severe nonattainment area,’’ this is
acceptable to EPA.
Therefore, since the NYMA is the
only area designated as severe for ozone,
sources in the NYMA cannot average
with sources outside the NYMA.
EPA believes that the new
presumptive emission limits and other
control requirements will result in
additional NOX reductions throughout
the State thereby strengthening New
York’s ozone SIP and will help the State
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attain and maintain the 1997 ozone
standard and help achieve attainment of
the 2008 8-hour ozone standard. In
addition, New York’s revised system
averaging plan is acceptable to EPA as
it is enforceable through federally
enforceable Title V operating permits
and it reflects current situations where
there could be multiple ownership of a
particular facility.
EPA evaluated the provisions of Part
227–2 for consistency with the Act, EPA
regulations, and EPA policy and is
approving them.
VI. What other revisions did New York
make?
New York also made administrative
changes to Part 200, ‘‘General
Provisions’’ which reflect
implementation of the Part 212, 220 and
227–2 provisions. The Part 200
revisions also reflect implementation of
provisions for three previously
approved New York regulations, Part
228, ‘‘Surface Coating Processes,
Commercial and Industrial Adhesives,
Sealants and Primers,’’ Part 234,
‘‘Graphic Arts,’’ and Part 241, ‘‘Asphalt
Pavement and Asphalt Based Surface
Coating,’’ (see 77 FR 13974). It is
important to note that EPA is approving
only those revisions made to Part 200,
specifically sections 200.1 and 200.9, as
effective January 1, 2011.
VII. What is EPA’s conclusion?
EPA has evaluated New York’s
submittal for consistency with the Act,
EPA regulations, and EPA policy. EPA
is approving revisions made to 6
NYCRR Part 200, ‘‘General Provisions,’’
Part 212, ‘‘General Process Emission
Sources,’’ Part 220, ‘‘Portland Cement
Plants and Glass Plants,’’ and Part 227–
2, ‘‘Reasonably Available Control
Technology (RACT) For Major Facilities
of Oxides of Nitrogen (NOX)’’ with
effective dates of January 1, 2011,
September 30, 2010, July 11, 2010 and
July 8, 2010, respectively, as meeting
the SIP requirements of the Act. EPA is:
Approving sections 200.1 and 200.9;
approving Part 212; conditionally
approving Part 220 based on New York’s
commitment to submit the individual
RACT determinations to EPA as SIP
revisions by December 1, 2013; and,
approving Part 227–2. These revisions
meet the requirements of the Act and
EPA’s regulations, and are consistent
with EPA’s guidance and policy. EPA is
taking this action pursuant to section
110 and part D of the Act and EPA’s
regulations.
EPA is conditionally approving New
York’s proposed revisions to 6 NYCRR
Part 220 based on New York’s February
28, 2013 letter, committing to submit
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the applicable NOX RACT single source
SIPs by December 1, 2013.
EPA is also correcting a typographical
error to table (c), ‘‘EPA approved
regulations’’ in 40 CFR 52.1670 for the
Part 241, ‘‘Asphalt Pavement and
Asphalt Based Surface Coating’’ entry
which EPA approved on March 8, 2012
(77 FR 13974).
VIII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 10,
2013. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Oxides of
Nitrogen, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
41849
Dated: June 27, 2013.
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—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. In 52.1670, the table in paragraph
(c) is amended under Title 6 by:
■ a. Revising the entry for Part 200,
Section 200.1;
■ b. Removing the entry for Sections
200.6, 200.7 and 200.9, and adding in its
place an entry for Sections 200.6 and
200.7, and an entry for Section 200.9;
■ c. Revising the entries for Parts 212,
220, Subpart 227–2 and Part 241 to read
as follows:
■
52.1670
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State
effective date
New York State regulation
Latest EPA approval date
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.
1/1/11
7/12/13 [Insert page number
where the document begins].
Sections 200.6 and 200.7
Section 200.9
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Title 6:
Part 200, General Provisions
Section 200.1
2/25/00
1/1/11
4/22/08, 73 FR 21548.
7/12/13 [Insert page number
where the document begins].
*
*
Part 212, General Process
Emission Sources.
*
9/30/10
*
*
*
*
7/12/13 [Insert page number SIP revisions submitted in accordance with
where the document begins].
§ 212.10(c)(3) and 212.12(c) are effective only if
approved by EPA.
*
*
Part 220, Portland Cement
Plants and Glass Plants.
*
7/11/10
*
*
*
*
7/12/13 [Insert page number SIP revisions submitted in accordance with § 220–
where the document begins].
1.6(b)(4) and 220–2.3(a)(4) are effective only if
approved by EPA.
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EPA is approving reference documents that are not
already Federally enforceable.
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EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
State
effective date
New York State regulation
Latest EPA approval date
Comments
*
*
Subpart 227–2, Reasonably
Available Control Technology (RACT) For Major
Facilities of Oxides of Nitrogen (NOX).
*
7/8/10
*
*
*
*
7/12/13 [Insert page number SIP revisions submitted in accordance with § 227–
where the document begins].
2.3(c) are effective only if approved by EPA.
*
*
Part 241, Asphalt Pavement
and Asphalt Based Surface
Coating.
*
1/1/11
*
3/8/12, 77 FR 13974.
*
*
*
[FR Doc. 2013–16493 Filed 7–11–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0602; FRL–9831–6]
Approval and Promulgation of
Implementation Plans for North
Carolina: Partial Withdrawal
Environmental Protection
Agency (EPA).
ACTION: Final rule; partial withdrawal.
AGENCY:
Due to comments received,
EPA is publishing a partial withdrawal
of the direct final approval of revisions
to the North Carolina State
Implementation Plan (SIP). EPA stated
in the direct final rule that if EPA
received adverse comments by June 17,
2013, the rule would be withdrawn and
not take effect.
DATES: This partial withdrawal is
effective July 12, 2013.
FOR FURTHER INFORMATION CONTACT: Sara
Waterson, Air Planning Branch, U.S.
Environmental Protection Agency
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Phone
number: (404) 562–9061; Email:
waterson.sara@epa.gov.
SUPPLEMENTARY INFORMATION: On May
16, 2013 (78 FR 28747), EPA published
a direct final rulemaking to approve a
portion of North Carolina’s February 3,
2010, SIP submission that updates the
North Carolina SIP to incorporate EPA’s
current national ambient air quality
standards (NAAQS) for ozone, lead, and
particulate matter (PM). The SIP
submission contains amendments to
North Carolina Rules 15A NCAC 02D
.0405, .0408, .0409, and .0410 reflecting
EPA’s current NAAQS for the
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
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aforementioned criteria pollutants. On
May 16, 2013, EPA also published an
accompanying proposed rulemaking to
approve the SIP revision in the event
that EPA received adverse comments on
the direct final rulemaking. See 78 FR
28775.
In the direct final rulemaking, EPA
explained that the Agency was
publishing the rule without prior
proposal because the Agency viewed the
submittal as a non-controversial SIP
amendment and anticipated no adverse
comments. Further, EPA explained that
the Agency was publishing a separate
document in the proposed rules section
of the Federal Register to serve as the
proposal to approve the SIP revision
should an adverse comment be filed.
EPA also noted that the rules would be
effective on July 15, 2013, without
further notice unless the Agency
received adverse comment by June 17,
2013. EPA explained that if the Agency
received such comments, then EPA
would publish a document withdrawing
the final rule and informing the public
that the rule would not take effect. It
was also explained that all public
comments received would then be
addressed in a subsequent final rule
based on the proposed rule, and that
EPA would not institute a second
comment period on these actions. The
public was advised that if no comments
were received that the rules would be
effective on July 15, 2013, with no
further actions on the proposed rule.
On May 23, 2013, EPA received a
comment from a single commenter that
could be viewed as adverse with regard
to the approval action that EPA
contemplated for the PM portion of the
North Carolina SIP revision. In
summary, the commenter noted that the
portion of North Carolina’s SIP revision
related to the PM2.5 NAAQS that was
addressed in EPA’s May 16, 2013,
rulemaking actions did not reflect EPA’s
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
December 2012 revision to this
standard. The commenter recommended
that EPA approve the SIP as submitted
and encourage North Carolina to update
its SIP to reflect the December 2012
update within a reasonable amount of
time. The commenter expressed support
for EPA’s approval of the portions of the
SIP revision that incorporated updates
to the other NAAQS subject to the May
16, 2013, rulemakings.
As result of this comment, EPA is
withdrawing the direct final action
related solely to the PM portion of the
North Carolina SIP revision.
Specifically, through today’s action,
EPA is withdrawing the May 16, 2013,
direct final approval of North Carolina’s
SIP submission to update the PM
NAAQS via incorporation of amended
North Carolina Rules 15A NCAC 02D
.0410 ‘‘PM2.5 Particulate Matter’’ and
15A NCAC 02D .0409 ‘‘PM10 Particulate
Matter’’ into the SIP.
As indicated in the direct final
rulemaking, EPA’s May 16, 2013,
proposed rulemaking approving North
Carolina’s SIP revision related to the PM
NAAQS is still in effect. The Agency is
not opening an additional comment
period and will only consider the
comments received prior to June 17,
2013, the close of the public comment
period. If EPA determines that it is
appropriate to finalize the proposed
approval of the North Carolina SIP
revision related to the PM NAAQS, EPA
will publish a final rule which will
include a response to the comment
received. In the event that EPA
determines that it is not appropriate to
finalize the proposed approval related to
the PM NAAQS, EPA may issue a
subsequent proposal with a different
course of action.
Today’s withdrawal action does not
affect EPA’s May 16, 2013, direct final
action on North Carolina’s SIP revision
related to the ozone and lead NAAQS.
E:\FR\FM\12JYR1.SGM
12JYR1
]]>Agencies
[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Rules and Regulations]
[Pages 41846-41850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16493]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2013-0180, FRL-9830-7]
Approval and Promulgation of Implementation Plans; New York State
Ozone Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the New York State Implementation Plan (SIP) for ozone
concerning the control of oxides of nitrogen. The SIP revision consists
of amendments to Title 6 of the New York Codes, Rules and Regulations
Part 200, ``General Provisions,'' Part 212, ``General Process Emission
Sources,'' Part 220, ``Portland Cement Plants and Glass Plants,'' and
Subpart 227-2, ``Reasonably Available Control Technology (RACT) For
Major Facilities of Oxides of Nitrogen (NOX).'' The intended
effect of this action is to approve control strategies, required by the
Clean Air Act, which will result in emission reductions that will help
attain and maintain the national ambient air quality standards for
ozone.
DATES: This rule will be effective August 12, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2013-0180. All
[[Page 41847]]
documents in the docket are listed on the www.regulations.gov Web site.
Although listed in the index, some information is not publicly
available, e.g., CBI 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 www.regulations.gov or in hard
copy at the Environmental Protection Agency, Region 2 Office, Air
Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-
1866. The Air Programs Branch dockets are available from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The Air
Programs Branch telephone number is 212-637-4249.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3381.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What was included in New York's submittals?
II. What comments did EPA receive in response to its proposal?
III. What is EPA's evaluation of part 212, ``General Process
Emission Sources''?
IV. What is EPA's evaluation of part 220, ``Portland Cement Plants
and Glass Plants''?
V. What is EPA's evaluation of part 227-2, ``Reasonably Available
Control Technology (RACT) For Major Facilities of Oxides of Nitrogen
(NOX)''?
VI. What other revisions did New York make?
VII. What is EPA's conclusion?
VIII. Statutory and Executive Order Reviews
I. What was included in New York's submittals?
On August 19, 2010 and December 15, 2010, the New York State
Department of Environmental Conservation (NYSDEC), submitted to EPA
proposed revisions to the SIP, which included State adopted revisions
to four regulations contained in Title 6 of the New York Code of Rules
and Regulations (6 NYCRR) Part 200, ``General Provisions,'' Part 212,
``General Process Emission Sources,'' Part 220, ``Portland Cement
Plants and Glass Plants,'' and Part 227-2, ``Reasonably Available
Control Technology (RACT) For Major Facilities of Oxides of Nitrogen
(NOX),'' with effective dates of January 1, 2011, September
30, 2010, July 11, 2010 and July 8, 2010, respectively.
II. What comments did EPA receive in response to its proposal?
On April 10, 2013 (78 FR 21302), EPA proposed to approve New York's
revised Parts 200, 212, 220 and 227-2. For a detailed discussion on the
content and requirements of the revisions to New York's regulations,
the reader is referred to EPA's proposed rulemaking action.
In response to EPA's April 10, 2013 proposed rulemaking action, EPA
received no public comments.
III. What is EPA's evaluation of part 212, ``General Process Emission
Sources''?
The NYSDEC revised 6 NYCRR Part 212, by adding section 212.12,
``Hot mix asphalt production plants,'' to include control requirements
for hot mix asphalt production plants. These control requirements will
be specifically aimed at reducing NOX emissions resulting
from combustion during the aggregate drying and heating process.
With the exception of section 212.12, NOX RACT
requirements under Part 212 affect only major facilities. Major
facilities or major sources are those that have a potential to emit
NOX emissions in excess of 100 tons/yr (upstate) and 25
tons/yr (downstate or in the New York Metropolitan Area). Most, if not
all, hot mix asphalt plants in New York State are minor sources. These
new requirements will therefore be targeted primarily at minor sources.
On February 28, 2013, New York submitted a letter to EPA certifying
that there are no ``major source'' asphalt production plants located in
New York State.
Part 212 contains the required elements for a federally enforceable
rule: Emission control requirements, compliance procedures and test
methods, compliance dates and record keeping provisions. Therefore, EPA
is approving the revisions to Part 212.
IV. What is EPA's evaluation of part 220, ``Portland Cement Plants and
Glass Plants''?
The NYSDEC revised 6 NYCRR Part 220, which is divided into two
subparts: 220-1 for portland cement plants; and 220-2 for glass
manufacturing plants. In addition to other requirements, the existing
regulation imposed RACT requirements on NOX emissions from
portland cement kilns. The NYSDEC revised Part 220 to require updated
NOX RACT for cement kilns at portland cement plants, and to
require NOX RACT for glass furnaces at glass plants. The
revisions will apply statewide to major facilities only. Major
facilities are those that have a potential to emit NOX
emissions that exceed 100 tons/yr (upstate) and 25 tons/yr (downstate).
The NYSDEC is taking a RACT approach that requires a facility
specific analysis. The plant owner or operator will be required to
perform a facility specific RACT analysis for emissions of
NOX that includes proposed NOX RACT emission
limit(s), identifies the procedures and monitoring equipment to be used
to demonstrate compliance with the proposed NOX RACT
emission limit(s), and includes a schedule for equipment installation.
The RACT analysis will be submitted to the NYSDEC for review and
approval and subsequently submitted to EPA as a proposed revision to
the SIP.
Subpart 220-1 Portland Cement Plants
It is EPA's understanding that there are three portland cement
plants located in New York State that are subject to the RACT
provisions of subpart 220-1 (Holcim, Lafarge and Lehigh). These three
facilities are also subject to New York's regional haze plan's best
available retrofit technologies (BART) provisions pursuant to 6 NYCRR
Part 249.
On August 28, 2012 (77 FR 51915), EPA approved the BART
determinations for the three portland cement plants pursuant to Part
249. Although EPA believes that the BART determinations approved for
these facilities would also constitute RACT, New York is obligated to
perform RACT evaluations and submit the RACT determinations to EPA as
SIP revisions in order to satisfy the subpart 220-1.6(b)(4) RACT
requirement and sections 172(c)(1) and 182(b) of the Clean Air Act
(Act). In a letter dated February 28, 2013 to EPA, New York commits to
submit the applicable single source NOX RACT determinations
to EPA by December 1, 2013.
EPA evaluated the provisions of subpart 220-1 for consistency with
the Act, EPA regulations, and EPA policy, and is conditionally
approving them based on New York submitting the individual single
source RACT determinations to EPA by December 1, 2013.
Subpart 220-2 Glass Plants
It is EPA's understanding that there are four glass plants located
in New York State. Subpart 220-2 does not identify a specific control
strategy or emission limit as RACT for these facilities and requires
individual source specific RACT determinations. To date, EPA has not
received any of those source specific RACT determinations. However, in
a letter dated February 28, 2013 to EPA, New York commits to submit the
applicable single source NOX
[[Page 41848]]
RACT determinations to EPA by December 1, 2013.
EPA evaluated the provisions of subpart 220-2 for consistency with
the Act, EPA regulations, and EPA policy, and is conditionally
approving them based on New York submitting the individual single
source RACT determinations to EPA by December 1, 2013.
V. What is EPA's evaluation of part 227-2, ``Reasonably Available
Control Technology (RACT) for Major Facilities of Oxides of Nitrogen
(NOX)''?
New York adopted revisions to Subpart 227-2 for the purpose of
imposing more stringent emission limits on major stationary sources of
NOX that contribute to local and regional nonattainment of
the 1997 and 2008 ozone standards. The revisions to Subpart 227-2
essentially entail increasing the stringency of emissions limits for
six of the source categories and lowering of the size thresholds for
two categories of sources. There are also two revisions that will allow
subject sources increased flexibility in achieving compliance--one
allows different owners to engage in a systems averaging plan and the
second allows a permanent shutdown by a date certain as a compliance
option.
Regarding the systems averaging plan, EPA has not classified any 8-
hour ozone nonattainment areas in New York as ``severe.'' However, EPA
classified the New York City Metropolitan area (NYMA) as severe
nonattainment for the 1-hour standard. Although EPA revoked the 1-hour
standard, the ``severe'' classification for the NYMA 1-hour area was
retained to maintain consistency with existing SIP-approved regulations
and the ``anti-backsliding'' provisions of the Act. The counties
affected by the 1-hour ``severe'' classification are the same counties
defined by EPA for New York's marginal 2008 8-hour ozone nonattainment
area for the NYMA and include the same counties now being maintained
for the 1997 8-hour moderate ozone NYMA. As discussed in the April 10,
2013 proposed rule, since New York avoids potential confusion by
defining the affected counties in the ``severe nonattainment area,''
this is acceptable to EPA.
Therefore, since the NYMA is the only area designated as severe for
ozone, sources in the NYMA cannot average with sources outside the
NYMA.
EPA believes that the new presumptive emission limits and other
control requirements will result in additional NOX
reductions throughout the State thereby strengthening New York's ozone
SIP and will help the State attain and maintain the 1997 ozone standard
and help achieve attainment of the 2008 8-hour ozone standard. In
addition, New York's revised system averaging plan is acceptable to EPA
as it is enforceable through federally enforceable Title V operating
permits and it reflects current situations where there could be
multiple ownership of a particular facility.
EPA evaluated the provisions of Part 227-2 for consistency with the
Act, EPA regulations, and EPA policy and is approving them.
VI. What other revisions did New York make?
New York also made administrative changes to Part 200, ``General
Provisions'' which reflect implementation of the Part 212, 220 and 227-
2 provisions. The Part 200 revisions also reflect implementation of
provisions for three previously approved New York regulations, Part
228, ``Surface Coating Processes, Commercial and Industrial Adhesives,
Sealants and Primers,'' Part 234, ``Graphic Arts,'' and Part 241,
``Asphalt Pavement and Asphalt Based Surface Coating,'' (see 77 FR
13974). It is important to note that EPA is approving only those
revisions made to Part 200, specifically sections 200.1 and 200.9, as
effective January 1, 2011.
VII. What is EPA's conclusion?
EPA has evaluated New York's submittal for consistency with the
Act, EPA regulations, and EPA policy. EPA is approving revisions made
to 6 NYCRR Part 200, ``General Provisions,'' Part 212, ``General
Process Emission Sources,'' Part 220, ``Portland Cement Plants and
Glass Plants,'' and Part 227-2, ``Reasonably Available Control
Technology (RACT) For Major Facilities of Oxides of Nitrogen
(NOX)'' with effective dates of January 1, 2011, September
30, 2010, July 11, 2010 and July 8, 2010, respectively, as meeting the
SIP requirements of the Act. EPA is: Approving sections 200.1 and
200.9; approving Part 212; conditionally approving Part 220 based on
New York's commitment to submit the individual RACT determinations to
EPA as SIP revisions by December 1, 2013; and, approving Part 227-2.
These revisions meet the requirements of the Act and EPA's regulations,
and are consistent with EPA's guidance and policy. EPA is taking this
action pursuant to section 110 and part D of the Act and EPA's
regulations.
EPA is conditionally approving New York's proposed revisions to 6
NYCRR Part 220 based on New York's February 28, 2013 letter, committing
to submit the applicable NOX RACT single source SIPs by
December 1, 2013.
EPA is also correcting a typographical error to table (c), ``EPA
approved regulations'' in 40 CFR 52.1670 for the Part 241, ``Asphalt
Pavement and Asphalt Based Surface Coating'' entry which EPA approved
on March 8, 2012 (77 FR 13974).
VIII. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible
[[Page 41849]]
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 10, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Oxides of
Nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: June 27, 2013.
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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. In 52.1670, the table in paragraph (c) is amended under Title 6 by:
0
a. Revising the entry for Part 200, Section 200.1;
0
b. Removing the entry for Sections 200.6, 200.7 and 200.9, and adding
in its place an entry for Sections 200.6 and 200.7, and an entry for
Section 200.9;
0
c. Revising the entries for Parts 212, 220, Subpart 227-2 and Part 241
to read as follows:
52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State effective
New York State regulation date Latest EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Title 6:
Part 200, General Provisions....... 1/1/11 7/12/13 [Insert page The word odor is removed
Section 200.1...................... number where the document from the Subpart
begins]. 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.
Sections 200.6 and 200.7 2/25/00 4/22/08, 73 FR 21548.
Section 200.9 1/1/11 7/12/13 [Insert page EPA is approving
number where the document reference documents that
begins]. are not already
Federally enforceable.
* * * * * * *
Part 212, General Process Emission 9/30/10 7/12/13 [Insert page SIP revisions submitted
Sources. number where the document in accordance with Sec.
begins]. 212.10(c)(3) and
212.12(c) are effective
only if approved by EPA.
* * * * * * *
Part 220, Portland Cement Plants 7/11/10 7/12/13 [Insert page SIP revisions submitted
and Glass Plants. number where the document in accordance with Sec.
begins]. 220-1.6(b)(4) and 220-
2.3(a)(4) are effective
only if approved by EPA.
[[Page 41850]]
* * * * * * *
Subpart 227-2, Reasonably Available 7/8/10 7/12/13 [Insert page SIP revisions submitted
Control Technology (RACT) For number where the document in accordance with Sec.
Major Facilities of Oxides of begins]. 227-2.3(c) are
Nitrogen (NOX). effective only if
approved by EPA.
* * * * * * *
Part 241, Asphalt Pavement and 1/1/11 3/8/12, 77 FR 13974.
Asphalt Based Surface Coating.
* * * * * * *
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[FR Doc. 2013-16493 Filed 7-11-13; 8:45 am]
BILLING CODE 6560-50-P
