Approval and Promulgation of Air Quality Implementation Plans; New York; Update to Materials Incorporated by Reference, 23167-23175 [2016-08829]
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PART 52—[AMENDED]
§ 52.2370
Subpart UU—Vermont
2. In § 52.2370, the table in paragraph
(c) is amended by revising entries for
Sections 5–101, 5–253.2, 5–253.3, and
5–253.5 to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
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(c) * * *
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EPA-APPROVED VERMONT REGULATIONS
State
effective
date
EPA approval
date
Explanations
*
12/29/14
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April 20, 2016 [Insert Federal
Register citation].
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Revised definitions for ‘‘bulk
gasoline terminal’’ and ‘‘vapor
balance system.’’.
*
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Bulk Gasoline Terminals ............
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12/29/14
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Section 5–253.3 ........
Bulk Gasoline Plants ..................
12/29/14
*
April 20, 2016 [Insert Federal
Register citation].
April 20, 2016 [Insert Federal
Register citation].
*
Section 5–253.5 ........
*
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Stage I Vapor Recovery Controls at Gasoline Dispensing
Facilities.
*
12/29/14
*
April 20, 2016 [Insert Federal
Register citation].
*
*
*
*
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State citation
Title/subject
*
Section 5–101 ...........
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Definitions ...................................
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Section 5–253.2 ........
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BILLING CODE 6560–50–P
EVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–2015–NY2; FRL–9935–51–
Region 2]
Approval and Promulgation of Air
Quality Implementation Plans; New
York; Update to Materials Incorporated
by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the New York State Implementation
Plan (SIP). The regulations affected by
this update have been previously
submitted by the New York State
Department of Environmental
Conservation and approved by EPA.
This update affects the SIP materials
that are available for public inspection
at the National Archives and Records
Administration (NARA), and the EPA
Regional Office.
DATES: This rule is effective April 20,
2016.
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SUMMARY:
14:49 Apr 19, 2016
SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 2 Office, Air
Programs Branch, 290 Broadway, 25th
Floor, New York, New York 10007–
1866; and the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: www.archives.gov/federalregister/cfr/ibr-locations.html. To view
the material at the Region 2 Office, EPA
requests that you email the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th floor, New York, NY
10008–1866, telephone number (212)
637–3381, email: wieber.kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2016–09068 Filed 4–19–16; 8:45 am]
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I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference Federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
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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. On
July 15, 2011 (76 FR 41705), EPA
published a document in the Federal
Register beginning the revised IBR
procedure for New York.
This Final Rule continues the revised
IBR procedure for New York. In this
document, EPA is publishing an
updated set of tables listing the
regulatory (i.e., IBR) materials in the
New York SIP taking into account the
additions, corrections and revisions to
those materials previously submitted by
the state agency and approved by EPA.
We are removing the EPA Headquarters
Library from paragraph (b)(3), as IBR
materials are no longer available at this
location. In addition, EPA has found
errors in certain entries listed in 40 CFR
52.1670(c), as amended in the published
IBR update actions listed above, and is
correcting them in this document.
Since the July 15, 2011 publication of
the new IBR procedure, EPA has
approved changes to the following
regulations and sections for New York:
A. Added Regulations
1. Additions of the following
regulations or sections in Title 6 of the
New York Code of Rules and
Regulations:
a. Part 240, Conformity to State or
Federal Implementation Plans of
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Transportation Plans, Programs and
Projects Developed, Funded or
Approved Under Title 23 U.S.C. or the
Federal Transit Laws, and
b. Part 241, Asphalt Pavement and
Asphalt Based Surface Coating, and
c. Part 249, Best Available Retrofit
Technology (BART).
2. Additions of the following
regulations or sections in Title 19 of the
New York Code of Rules and
Regulations:
a. Part 937, Access to Publicly
Available Records.
3. Additions of the following
regulations or sections in the New York
Environmental Conservation Law:
a. Section 19–0325.
4. Additions of the following
regulations or sections in the New York
Public Officers Law:
a. Section 73–a, Financial disclosure.
B. Revised Regulations
1. Revisions to the following
regulations or sections in Title 6 of the
New York Code of Rules and
Regulations:
a. Part 200, General Provisions,
i. Subpart 200.1, and
ii. Subpart 200.9.
b. Part 205, Architectural and
Industrial Maintenance (AIM) Coatings.
c. Part 211, General Prohibitions.
d. Part 212, General Process Emission.
e. Part 217, Motor Vehicle Emissions.
i. Subpart 217–1, Motor Vehicle
Enhanced Inspection and Maintenance
Program Requirements Until December
31, 2010,
ii. Subpart 217–4, Inspection and
Maintenance Program Audits Until
December 31, 2010, and
iii. Subpart 217–6, Motor Vehicle
Enhanced Inspection and Maintenance
Program Requirements Beginning
January 1, 2011.
f. Part 220, Portland Cement Plants
and Glass Plants.
g. Part 227, Stationary Combustion
Installations,
i. Subpart 227–2, Reasonably
Available Control Technology (RACT)
For Major Facilities of Oxides of
Nitrogen (NOX).
h. Part 228, Surface Coating Processes,
Commercial and Industrial Adhesives,
Sealants and Primers.
i. Part 234, Graphic Arts.
2. Revisions to the following
regulations in Title 15 of the New York
Code of Rules and Regulations:
a. Part 79, Motor Vehicle Inspection
Regulations
i. Sections 79.1–79.15, 79.17, 79.20,
79.21, 79.24, 79.25.
C. Added State Source Specific
Requirements
1. Alcoa Massena Operations (West
Plant)—Potline S–00001, Baking
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furnace S–00002, Package Boilers
B–00001, Permit ID 6–4058–00003.
2. Arthur Kill Generating Station,
NRG—Boiler 30, Permit ID 2–6403–
00014.
3. Bowline Generating Station, GenOn—
Boilers 1 and 2, Permit ID 3–3922–
00003.
4. Con Edison 59th Street Station—
Steam Boilers 114 and 115, Permit
ID 2–6202–00032.
5. EF Barrett Power Station, NG—Boiler
2, Permit ID 1–2820–00553.
6. International Paper Ticonderoga
Mill—Power Boiler and Recovery
Furnace, Permit ID 5–1548–00008.
7. Kodak Operations at Eastman
Business Park, Kodak—Boilers 41,
42 and 43, Permit ID 8–2614–00205.
8. Lafarge Building Materials—Kilns 1
and 2, Permit ID 4–0124–00001.
9. Lehigh Northeast Cement, Lehigh
Cement—Kiln and Clinker cooler,
Permit ID 5–5205–00013.
10. Northport Power Station, NG—
Boilers 1, 2, 3, and 4, Permit ID 1–
4726–00130.
11. Oswego Harbor Power, NRG—
Boilers 5 and 6, Permit ID 7–3512–
00030.
12. Owens-Corning Insulating Systems
Feura Bush, Owens Corning—EU2,
EU3, EU12, EU13, and EU14,
Permit ID 4–0122–00004.
13. Ravenswood Generating Station,
TC—Boilers 10, 20, 30, Permit ID 2–
6304–00024.
14. Ravenswood Steam Plant, Con
Edison—Boiler 2, Permit ID 2–
6304–01378.
15. Roseton Generating StationDynegy—Boilers 1 and 2, Permit ID
3–3346–00075.
16. Samuel A Carlson Generating
Station, Jamestown Board of Public
Utilities—Boiler 12, Permit ID 9–
0608–00053.
17. Syracuse Energy Corporation [GDF
Suez]—Boiler 1, Permit ID 7–3132–
00052.
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of August
1, 2015. EPA has determined this 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). This rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
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APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the New York
regulations described in the
amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or at the
appropriate EPA office (see the
ADDRESSES section of this preamble for
more information).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA 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 CAA. 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’’ under the terms of Executive
Order 12866 (58 FR 51735, October 4,
1993) and is therefore not subject to
review under Executive Orders 12866
and 13563 (76 FR 3821, January 21,
2011);
• 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);
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• 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 CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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).
EPA has also determined that the
provisions of section 307(b)(1) of the
CAA 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 compilations 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 60day period for filing such petitions for
judicial review for this ‘‘Identification of
plan’’ reorganization update action for
the State of New York.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 22, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
23169
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. In § 52.1670, paragraphs (b), (c),
and (d) are revised to read as follows:
■
§ 52.1670
Identification of plan.
*
*
*
*
*
(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to August 1, 2015, was
approved for incorporation by reference
by the Director of the Federal 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 notification 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 August 1, 2015, 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 August 1, 2015.
(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; and the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call (202) 741–6030, or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) EPA approved regulations.
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State effective
date
Title/subject
Title 6, Part 200, Subpart 200.1.
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State citation
EPA approval
date
1/1/11
7/12/13
General Provisions, Definitions ................
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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.
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EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
State citation
State effective
date
Title/subject
EPA approval
date
Title 6, Part 200, Subpart 200.6.
Title 6, Part 200, Subpart 200.7.
Title 6, Part 200, Subpart 200.9.
General Provisions, Acceptable ambient
air quality.
General Provisions, Maintenance of
equipment.
Referenced material .................................
2/25/00
4/22/08
2/25/00
4/22/08
1/1/11
7/12/13
Title 6, Part 201 ........
Permits and Registrations ........................
4/4/93
10/3/05
Title 6, Part
201,Subpart 201–
2.1(b)(21).
Permits and Registrations, Definitions .....
3/5/09
11/17/10
Title 6, Part 201, Subpart 201–7.1.
Title 6, Part 201, Subpart 201–7.2.
Title 6, Part 202 ........
Permits and Registrations, Federally Enforceable Emission Caps.
Permits and Registrations, Emission Capping Using Synthetic Minor Permits.
Emissions Testing, Sampling and Analytical Determinations.
Emission Statements ................................
7/7/96
10/3/05
7/7/96
10/3/05
3/24/79
11/12/81
5/29/05
10/31/07
Title 6, Part 202, Subpart 202–2.
Title 6, Part 204 ........
NOX Budget Trading Program ..................
2/25/00
5/22/01
Title 6, Part 205 ........
1/1/11
3/8/12
2/22/79
11/12/81
Title 6, Part 211 ........
Architectural and Industrial Maintenance
(AIM) Coatings.
Control Measures for an Air Pollution Episode.
General Prohibitions .................................
1/1/11
3/8/12
Title 6, Part 212 ........
General Process Emission Sources .........
9/30/10
7/12/13
Title 6, Part 213 ........
Contaminant Emissions from Ferrous
Jobbing Foundries.
By-Product Coke Oven Batteries .............
5/1/72
9/22/72
9/22/94
7/20/06
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Title 6, Part 207 ........
Title 6, Part 214 ........
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Comments
• 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 approval finalized at 78 FR
41846.
• EPA approval finalized at 73 FR
21548.
• EPA approval finalized at 73 FR
21548.
• EPA is approving reference documents
that are not already Federally enforceable.
• EPA approval finalized at 78 FR
41846.
• This action removes subpart 201.5(e)
from the State’s Federally approved
SIP.
• EPA approval finalized at 70 FR
57511.
• 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.
• EPA approval finalized at 75 FR
70142.
• EPA approval finalized at 70 FR
57511.
• EPA approval finalized at 70 FR
57511.
• EPA approval finalized at 46 FR
55690.
• 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.
• EPA approval finalized at 72 FR
61530.
• Incorporates NOX SIP Call and NOX
Budget Trading Program for 2003 and
thereafter.
• EPA approval finalized at 66 FR
28063.
• EPA approval finalized at 77 FR
13974.
• EPA approval finalized at 46 FR
55690.
• Section 211.1 (previously numbered
211.2) is not part of the approved plan.
(see 11/27/98, 63 FR 65559).
• EPA approval finalized at 77 FR
13974.
• SIP revisions submitted in accordance
with § 212.10(c)(3) and 212.12(c) are
effective only if approved by EPA.
• EPA approval finalized at 78 FR
41846.
• EPA approval finalized at 37 FR
19814.
• EPA approval finalized at 71 FR
41163.
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EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
State effective
date
EPA approval
date
Open Fires ................................................
6/16/72
9/22/72
Title 6, Part 216 ........
Iron and/or Steel Processes .....................
9/22/94
7/20/06
Title 6, Part 217, Subpart 217–1.
Motor Vehicle Emissions, Motor Vehicle
Enhanced Inspection and Maintenance
Program Requirements Until December
31, 2010.
Motor Vehicle Emissions, Inspection and
Maintenance Program Audits Until December 31, 2010.
Motor Vehicle Emissions, Motor Vehicle
Enhanced Inspection and Maintenance
Program Requirements Beginning January 1, 2011.
Emission Standards for Motor Vehicles
and Motor Vehicle Engines, Applicability and Definitions.
Emission Standards for Motor Vehicles
and Motor Vehicle Engines, Certification and Prohibitions.
12/5/10
2/28/12
12/5/10
2/28/12
• EPA approval
11742.
finalized
at
77
FR
12/5/10
2/28/12
• EPA approval
11742.
finalized
at
77
FR
12/28/00
1/31/05
12/28/00
1/31/05
• EPA’s approval of part 218 only applies
to light-duty vehicles.
• EPA approval finalized at 70 FR 4773.
• EPA’s approval of part 218 only applies
to light-duty vehicles.
State citation
Title/subject
Title 6, Part 215 ........
Title 6, Part 217, Subpart 217–4.
Title 6, Part 217, Subpart 217–6.
Title 6, Part 218, Subpart 218–1.
Title 6, Part 218, Subpart 218–2.
Comments
• EPA approval finalized at 37 FR
19814.
• EPA approval finalized at 71 FR
41163.
• EPA approval finalized at 77 FR
11742.
Emission Standards for Motor Vehicles
and Motor Vehicle Engines, Fleet Average.
12/28/00
1/31/05
• EPA approval finalized at 70 FR 4773.
• EPA’s approval of part 218 only applies
to light-duty vehicles.
Title 6, Part 218, Subpart 218–4.
Emission Standards for Motor Vehicles
and Motor Vehicle Engines, Zero Emissions Vehicle Sales Mandate.
5/28/92
1/6/95
• EPA approval finalized at 70 FR 4773.
• EPA’s approval of part 218 only applies
to light-duty vehicles.
Title 6, Part 218, Subpart 218–5.
Emission Standards for Motor Vehicles
and Motor Vehicle Engines, Testing.
12/28/00
1/31/05
Title 6, Part 218, Subpart 218–6.
Emission Standards for Motor Vehicles
and Motor Surveillance.
12/28/00
1/31/05
Title 6, Part 218, Subpart 218–7.
Emission Standards for Motor Vehicles
and
Motor
Vehicle
Engines,
Aftermarket Parts.
12/28/00
1/31/05
Title 6, Part 218, Subpart 218–8.
Emission Standards for Motor Vehicles
and Motor Vehicle Engines, Severability.
12/28/00
1/31/05
Title 6, Part 219 ........
Incinerators ...............................................
5/1/72
9/22/72
Title 6, Part 220 ........
Portland Cement Plants and Glass Plants
7/11/10
7/12/13
Title 6, Part 222 ........
Incinerators—New York City, Nassau and
Westchester Counties.
Petroleum Refineries ................................
6/17/72
9/22/72
Title 6, Part 223 ........
8/9/84
7/19/85
Title 6, Part 224 ........
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Title 6, Part 218, Subpart 218–3.
Sulfuric and Nitric Acid Plants ..................
5/10/84
7/19/85
Title 6, Part 225, Subpart 225–1.
Fuel Composition and Use-Sulfur Limitations.
3/24/79
11/12/81
Title 6, Part 225, Subpart 225–2.
Fuel Composition and Use-Waste Fuel ...
7/28/83
8/2/84
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• EPA approval finalized at 60 FR 2025.
• EPA’s approval of part 218 only applies
to light-duty vehicles.
• EPA approval finalized at 70 FR 4773.
• EPA’s approval of part 218 only applies
to light-duty vehicles.
• EPA approval finalized at 70 FR 4773.
• EPA’s approval of part 218 only applies
to light-duty vehicles.
• EPA approval finalized at 70 FR 4773.
• EPA’s approval of part 218 only applies
to light-duty vehicles.
• EPA approval finalized at 70 FR 4773.
• EPA approval finalized at 37 FR
19814.
• SIP revisions submitted in accordance
with § 220–1.6(b)(4) and 220–2.3(a)(4)
are effective only if approved by EPA.
• EPA approval finalized at 78 FR
41846.
• EPA approval finalized at 37 FR
19814.
• EPA approval finalized at 50 FR
29382.
• Variances adopted by the State pursuant to Part 224.6(b) become applicable
only if approved by EPA as SIP revisions.
• EPA approval finalized at 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)).
• EPA approval finalized at 46 FR
55690.
• EPA approval finalized at 49 FR
30936.
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EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
State effective
date
EPA approval
date
Fuel Composition and Use-Gasoline ........
11/4/01
9/8/05
Title 6, Part 226 ........
Title 6, Part 227, Subpart 227.2(b)(1).
Solvent Metal Cleaning Processes ...........
Stationary Combustion Installations .........
5/7/03
5/1/72
1/23/04
9/22/72
Title 6, Part
227,Subpart 227–1.
Stationary Combustion Installations .........
2/25/00
5/22/01
Title 6, Part
227,Subpart 227–2.
Stationary Combustion Installations, Reasonably Available Control Technology
(RACT) For Major Facilities of Oxides
of Nitrogen (NOX).
7/8/10
7/12/13
Title 6, Part
227,Subpart 227–3.
Stationary Combustion Installations, Pre2003 Nitrogen Oxides Emissions Budget and Allowance Program.
3/5/99
5/22/01
Title 6, Part 228 ........
Surface Coating Processes, Commercial
and Industrial Adhesives, Sealants and
Primers.
Petroleum and Volatile Organic Liquid
Storage and Transfer.
6/5/13
3/4/14
4/4/93
12/23/97
Gasoline Dispensing Sites and Transport
Vehicles.
New Source Review for New and Modified Facilities.
9/22/94
4/30/98
3/5/09
11/17/10
Title 6, Part 232 ........
Dry Cleaning .............................................
8/11/83
6/17/85
Title 6, Part 233 ........
Pharmaceutical and Cosmetic Manufacturing Processes.
4/4/93
12/23/97
Title 6, Part 234 ........
Graphic Arts ..............................................
7/8/10
3/8/12
Title 6, Part 235 ........
Consumer Products ..................................
10/15/09
5/28/10
State citation
Title/subject
Title 6, Part 225, Subpart 225–3.
Title 6, Part 229 ........
Title 6, Part 230 ........
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Comments
• The Variance adopted by the State
pursuant to section 225–3.5 becomes
applicable only if approved by EPA as
a SIP revision.
• EPA approval finalized at 70 FR
53304.
• EPA approval finalized at 69 FR 3237.
• 1972 version.
• EPA approval finalized at 37 FR
19814.
• Existing Part 227 is renumbered Subpart 227–1.
• 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.).
• EPA approval finalized at 66 FR
28063.
• SIP revisions submitted in accordance
with § 227–2.3(c) are effective only if
approved by EPA.
• EPA approval finalized at 78 FR
41846.
• 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.
• EPA approval finalized at 66 FR
28063.
• EPA approval finalized at 79 FR
12082.
• SIP revisions submitted in accordance
with Section 229.3(g)(1) are effective
only if approved by EPA.
• EPA approval finalized at 62 FR
67006.
• EPA approval finalized at 63 FR
23668.
• 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 approval finalized at 75 FR
70140.
• EPA has not determined that § 232.3(a)
provides for reasonably available control technology.
• EPA approval finalized at 50 FR
25079.
• SIP revisions submitted in accordance
with Section 223.3(h)(1) are effective
only if approved by EPA.
• EPA approval finalized at 62 FR
67006.
• SIP revisions submitted in accordance
with § 234.3(f) are effective only if approved by EPA.
• EPA approval finalized at 77 FR
13974.
• EPA approval finalized at 75 FR
29897.
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23173
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
State effective
date
EPA approval
date
Synthetic Organic Chemical Manufacturing Facility Component Leaks.
1/12/92
7/27/93
Title 6, Part 239 ........
Portable Fuel Container Spillage Control
7/30/09
5/28/10
Title 6, Part 240, Subpart 240–1.
Title 6, Part 240, Subpart 240–2.
Title 6, Part 240, Subpart 240–3.
Transportation Conformity, Transportation
Conformity General Provisions.
Transportation Conformity, Consultation ..
9/13/13
7/29/14
9/13/13
7/29/14
Transportation
Conformity,
Regional
Transportation-Related Emissions and
Enforceability.
Asphalt Pavement and Asphalt Based
Surface Coating.
CAIR NOX Ozone Season Trading Program.
CAIR NOX Annual Trading Program ........
CAIR SO2Trading Program ......................
Best Available Retrofit Technology
(BART).
Motor Vehicle Inspection Regulations ......
9/13/13
7/29/14
1/1/11
3/8/12
10/19/07
1/24/08
10/19/07
10/19/07
5/6/10
1/24/08
1/24/08
8/28/12
12/29/10
2/28/12
Access To Publicly Available Records .....
8/27/12
6/20/13
Environmental Conservation Law, Sulfur
reduction requirements.
Public Officers Law, Financial disclosure
7/15/10
8/28/12
8/15/11
6/20/13
State citation
Title/subject
Title 6, Part 236 ........
Title 6, Part 241 ........
Title 6, Part 243 ........
Title 6, Part 244 ........
Title 6, Part 245 ........
Title 6, Part 249 ........
Title 15, Part 79, Subparts 79.1–79.15,
79.17, 79.20,
79.21, 79.24, 79.25.
Title 19, Part 937 ......
Section 19–0325 .......
Section 73–a .............
Comments
• Variances adopted by the State pursuant to Part 236.6(e)(3) become applicable only if approved by EPA as a SIP
revision.
• EPA approval finalized at 58 FR
40059.
• The specific application of provisions
associated with alternate test methods,
variances and innovative products,
must be submitted to EPA as SIP revisions.
• EPA approval finalized at 75 FR
29897.
• EPA approval finalized at 79 FR
43945.
• EPA approval finalized at 79 FR
43945.
• EPA approval finalized at 79 FR
43945.
• EPA approval finalized at 77 FR
13974.
• EPA approval finalized at 73 FR 4112.
• EPA approval finalized at 73 FR 4112.
• EPA approval finalized at 73 FR 4112.
• EPA approval finalized at 77 FR
51915.
• EPA approval finalized at 77 FR
11742.
• Only subpart 937.1(a) is approved into
the SIP and is for the limited purpose
of satisfying Clean Air Act Section
128(a)(2).
• EPA approval finalized at 78 FR
37124.
• EPA approval finalized at 77 FR
51915.
• Only subsections 73–a(2)(a)(i) and (ii)
are approved into the SIP and are for
the limited purpose of satisfying Clean
Air Act Section 128(a)(2).
• EPA approval finalized at 78 FR
37124.
(d) EPA approved State sourcespecific requirements.
EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS
Name of source
State effective
date
Identifier No.
EPA approval
date
Consent Order 81–36, 9–
0420.
8/19/81
1/26/84
Dunlop Tire and Rubber
Corporation.
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Dunlop Tire and Rubber
Corporation.
Consent Order 81–36, 9–
0420, Amendment Letter 1.
1/29/82
1/26/84
Dunlop Tire and Rubber
Corporation.
Consent Order 81–36, 9–
0420, Amendment Letter 2.
3/3/82
1/26/84
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Comments
• Part 212 VOC RACT Compliance Plan.
• Green tire spraying, bead dipping, and under
tread and tread end cementing processes.
• EPA approval finalized at 49 FR 3436.
• Part 212 VOC RACT Compliance Plan.
• Green tire spraying, bead dipping, and under
tread and tread end cementing processes.
• EPA approval finalized at 49 FR 3436.
• Part 212 VOC RACT Compliance Plan.
• Green tire spraying, bead dipping, and under
tread and tread end cementing processes.
• EPA approval finalized at 49 FR 3436.
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EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS—Continued
State effective
date
EPA approval
date
9/1/95
9/23/97
A563203003500027C,
Special Conditions.
8/23/95
9/23/97
University of Rochester .....
8–2614–00548/00006–0 ..
4/25/96
9/23/97
University of Rochester .....
8–2614–00548/00006–0,
Special Conditions.
3/19/96
9/23/97
Algonquin Gas Transmission Company.
3–3928–1/9–0 ..................
9/23/91
9/23/97
Name of source
Identifier No.
Morton International Inc. ...
A563203003500027C ......
Morton International Inc. ...
Comments
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Part 227–2, NOX RACT determination.
Emission point 00027.
EPA approval finalized at 62 FR 49617.
Part 227–2, NOX RACT determination.
Emission point 00027.
EPA approval finalized at 62 FR 49617.
Part 227–2, NOX RACT determination.
Emission points 00003 and 0005.
EPA approval finalized at 62 FR 49617.
Part 227–2, NOX RACT determination.
Emission points 00003 and 0005.
EPA approval finalized at 62 FR 49617.
Part 227–2, NOX RACT determination.
Emission Points R0100, R0200, R0300, and
R0400.
Permit and Special Conditions.
EPA approval finalized at 62 FR 49617.
Part 227–2, NOX RACT determination.
Emission Points R0100, R0200, R0300.
EPA approval finalized at 62 FR 49617.
Part 227–2, NOX RACT determination.
Emission Point R0400.
EPA approval finalized at 62 FR 49617.
Permit Correction.
Part 227–2, NOX RACT determination.
Emission Points R0100, R0200, R0300, and
R0400.
EPA approval finalized at 62 FR 49617.
Part 227–2, NOX RACT determination.
Compressor Station 229.
Emission Points 0001A through 0006A.
EPA approval finalized at 68 FR 42981.
7/21/03
•
•
•
•
Part 227–2, NOX RACT determination.
Compressor Station 245.
Emission Points 00001 through 00006.
EPA approval finalized at 68 FR 42981.
10/4/95
7/21/03
•
•
•
•
Part 227–2, NOX RACT determination.
Compressor Station 254.
Emission Points 00001 through 00006.
EPA approval finalized at 68 FR 42981.
9/15/95
7/21/03
•
•
•
•
Part 227–2, NOX RACT determination.
Compressor Station 254.
Emission Points 00001 through 00006.
EPA approval finalized at 68 FR 42981.
7–3132–00009/00012 ......
12/16/97
7/1/04
ALCOA Massena Operations (West Plant).
6–4058–00003 .................
3/20/12
8/28/12
Arthur Kill Generating Station, NRG.
2–6403–00014 .................
3/20/12
8/28/12
Bowline Generating Station, GenOn.
3–3922–00003 .................
6/28/12
8/28/12
Con Edison 59th Street
Station.
2–6202–00032 .................
3/20/12
8/28/12
3–3928, Special Conditions.
3/18/96
9/23/97
Algonquin Gas Transmission Company.
3–3928–00001/00013 ......
3/29/96
9/23/97
Algonquin Gas Transmission Company.
3–39228–00001/
00010,11,12,13.
8/8/96
9/23/97
Tenneco Gas Corporation’s (also known as
Tenneco Gas Pipeline
Company and Tennessee Gas Pipeline
Company).
Tenneco Gas Corporation’s (also known as
Tenneco Gas Pipeline
Company and Tennessee Gas Pipeline
Company).
Tenneco Gas Corporation’s (also known as
Tenneco Gas Pipeline
Company and Tennessee Gas Pipeline
Company).
Tenneco Gas Corporation’s (also known as
Tenneco Gas Pipeline
Company and Tennessee Gas Pipeline
Company).
General Chemical Corporation.
Lhorne on DSK5TPTVN1PROD with RULES
Algonquin Gas Transmission Company.
144000 .............................
8/22/95
7/21/03
215600, Special Conditions.
2/24/97
102600 .............................
102600,Special Conditions.
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•
•
•
•
•
•
•
•
•
•
•
• Part 212, NOX RACT determination. 6/23/05 letter
informing NYSDEC that the approval will automatically convert to a disapproval.
• Emission Points 0SN1A and 0SN1B.
• EPA approval finalized at 69 FR 39858.
• Part 249 BART.
• Emission Points Potline S–00001, Baking furnace
S–00002, Package Boilers B–00001.
• EPA approval finalized at 77 FR 51915.
• Part 249 BART.
• Boiler 30.
• EPA approval finalized at 77 FR 51915.
• Part 249 BART.
• Boilers 1 and 2.
• EPA approval finalized at 77 FR 51915.
• Part 249 BART.
• Steam Boilers 114 and 115.
• EPA approval finalized at 77 FR 51915.
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23175
EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS—Continued
Name of source
State effective
date
Identifier No.
EPA approval
date
EF Barrett Power Station,
NG.
1–2820–00553 .................
3/27/12
8/28/12
International Paper Ticonderoga Mill.
5–1548–00008 .................
3/19/12
8/28/12
Kodak Operations at Eastman Business Park,
Kodak.
Lafarge Building Materials
8–2614–00205 .................
5/25/12
8/28/12
4–0124–00001 .................
7/19/11
8/28/12
Lehigh Northeast Cement,
Lehigh Cement.
5–5205–00013 .................
7/5/12
8/28/12
Northport Power Station,
NG.
1–4726–00130 .................
3/27/12
8/28/12
Oswego Harbor Power,
NRG.
7–3512–00030 .................
5/16/12
8/28/12
Owens-Corning Insulating
Systems Feura Bush,
Owens Corning.
Ravenswood Generating
Station, TC.
4–0122–00004 .................
5/18/12
8/28/12
2–6304–00024 .................
4/6/12
8/28/12
Ravenswood Steam Plant,
Con Edison.
2–6304–01378 .................
3/20/12
8/28/12,
Roseton Generating Station-Dynegy.
3–3346–00075 .................
11/02/11
8/28/12
Samuel A Carlson Generating Station, James
town Board of Public
Utilities.
Syracuse Energy Corporation [GDF Suez].
*
*
*
*
9–0608–00053 .................
2/8/12
8/28/12
7–3132–00052 .................
5/24/12
8/28/12
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Lhorne on DSK5TPTVN1PROD with RULES
[EPA–R01–OAR–2015–0402; FRL–9945–13–
Region 1]
Air Plan Approval; Rhode Island;
Infrastructure State Implementation
Plan Requirements for Particle Matter,
Ozone, Lead, Nitrogen Dioxide and
Sulfur Dioxide
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
VerDate Sep<11>2014
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Part 249 BART.
Boiler 2.
EPA approval finalized at 77 FR 51915.
Part 249 BART.
Power Boiler and Recovery Furnace.
EPA approval finalized at 77 FR 51915.
Part 249 BART.
Boilers 41, 42 and 43.
EPA approval finalized at 77 FR 51915.
Condition 12–14.
Kilns 1 and 2.
EPA approval finalized at 77 FR 51915.
Part 220 and Part 249 BART.
Kiln and Clinker cooler.
EPA approval finalized at 77 FR 51915.
Part 249 BART.
Boilers 1, 2, 3, and 4.
EPA approval finalized at 77 FR 51915.
Part 249 BART.
Boilers 5 and 6.
EPA approval finalized at 77 FR 51915.
Part 249 BART.
EU2, EU3, EU12, EU13, and EU14.
EPA approval finalized at 77 FR 51915.
Part 249 BART.
Boilers 10, 20, 30.
EPA approval finalized at 77 FR 51915.
Part 249 BART.
Boiler 2.
EPA approval finalized at 77 FR 51915.
Excluding the SO2 BART emissions limits for Boilers 1 and 2 and corresponding monitoring, recordkeeping, and reporting requirements, which
EPA disapproved.
Boilers 1 and 2.
EPA approval finalized at 77 FR 51915.
Part 249 BART.
Boiler 12.
EPA approval finalized at 77 FR 51915.
• Part 249 BART.
• Boiler 1.
• EPA approval finalized at 77 FR 51915.
The Environmental Protection
Agency (EPA) is approving most
elements of State Implementation Plan
(SIP) submissions from Rhode Island
regarding the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 1997 fine particle matter
(PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008
ozone, 2010 nitrogen dioxide (NO2), and
2010 sulfur dioxide (SO2) National
Ambient Air Quality Standards
(NAAQS). Additionally, EPA is
disapproving the submissions with
respect to CAA section 110(a)(2)(H), for
which a Federal Implementation Plan
has been in place for this requirement
since 1973. EPA is also correcting an
earlier approval of this element for the
1997 8-hour ozone NAAQS
infrastructure requirements. Finally,
EPA is approving several statutes
submitted by Rhode Island in support of
SUMMARY:
[FR Doc. 2016–08829 Filed 4–19–16; 8:45 am]
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their demonstration that the
infrastructure requirements of the CAA
have been met. Lastly, EPA is
conditionally approving certain
elements of Rhode Island’s submittal
relating to Prevention of Significant
Deterioration (PSD) requirements.
DATES: This rule is effective on May 20,
2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2015–0402. All documents in the docket
are listed on the https://
www.regulations.gov Web site, although
some information, such as confidential
business information or other
information whose disclosure is
restricted by statute is not publicly
available. Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
E:\FR\FM\20APR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Rules and Regulations]
[Pages 23167-23175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08829]
-----------------------------------------------------------------------
EVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-2015-NY2; FRL-9935-51-Region 2]
Approval and Promulgation of Air Quality Implementation Plans;
New York; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the New York
State Implementation Plan (SIP). The regulations affected by this
update have been previously submitted by the New York State Department
of Environmental Conservation and approved by EPA. This update affects
the SIP materials that are available for public inspection at the
National Archives and Records Administration (NARA), and the EPA
Regional Office.
DATES: This rule is effective April 20, 2016.
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 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866; and the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html. To view the
material at the Region 2 Office, EPA requests that you email the
contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th floor, New York, NY
10008-1866, telephone number (212) 637-3381, email:
wieber.kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, EPA, from time to
time, must take action on SIP revisions containing new and/or revised
regulations as being 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). 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. On July 15, 2011 (76 FR 41705), EPA published a document in
the Federal Register beginning the revised IBR procedure for New York.
This Final Rule continues the revised IBR procedure for New York.
In this document, EPA is publishing an updated set of tables listing
the regulatory (i.e., IBR) materials in the New York SIP taking into
account the additions, corrections and revisions to those materials
previously submitted by the state agency and approved by EPA. We are
removing the EPA Headquarters Library from paragraph (b)(3), as IBR
materials are no longer available at this location. In addition, EPA
has found errors in certain entries listed in 40 CFR 52.1670(c), as
amended in the published IBR update actions listed above, and is
correcting them in this document.
Since the July 15, 2011 publication of the new IBR procedure, EPA
has approved changes to the following regulations and sections for New
York:
A. Added Regulations
1. Additions of the following regulations or sections in Title 6 of
the New York Code of Rules and Regulations:
a. Part 240, Conformity to State or Federal Implementation Plans of
[[Page 23168]]
Transportation Plans, Programs and Projects Developed, Funded or
Approved Under Title 23 U.S.C. or the Federal Transit Laws, and
b. Part 241, Asphalt Pavement and Asphalt Based Surface Coating,
and
c. Part 249, Best Available Retrofit Technology (BART).
2. Additions of the following regulations or sections in Title 19
of the New York Code of Rules and Regulations:
a. Part 937, Access to Publicly Available Records.
3. Additions of the following regulations or sections in the New
York Environmental Conservation Law:
a. Section 19-0325.
4. Additions of the following regulations or sections in the New
York Public Officers Law:
a. Section 73-a, Financial disclosure.
B. Revised Regulations
1. Revisions to the following regulations or sections in Title 6 of
the New York Code of Rules and Regulations:
a. Part 200, General Provisions,
i. Subpart 200.1, and
ii. Subpart 200.9.
b. Part 205, Architectural and Industrial Maintenance (AIM)
Coatings.
c. Part 211, General Prohibitions.
d. Part 212, General Process Emission.
e. Part 217, Motor Vehicle Emissions.
i. Subpart 217-1, Motor Vehicle Enhanced Inspection and Maintenance
Program Requirements Until December 31, 2010,
ii. Subpart 217-4, Inspection and Maintenance Program Audits Until
December 31, 2010, and
iii. Subpart 217-6, Motor Vehicle Enhanced Inspection and
Maintenance Program Requirements Beginning January 1, 2011.
f. Part 220, Portland Cement Plants and Glass Plants.
g. Part 227, Stationary Combustion Installations,
i. Subpart 227-2, Reasonably Available Control Technology (RACT)
For Major Facilities of Oxides of Nitrogen (NOX).
h. Part 228, Surface Coating Processes, Commercial and Industrial
Adhesives, Sealants and Primers.
i. Part 234, Graphic Arts.
2. Revisions to the following regulations in Title 15 of the New
York Code of Rules and Regulations:
a. Part 79, Motor Vehicle Inspection Regulations
i. Sections 79.1-79.15, 79.17, 79.20, 79.21, 79.24, 79.25.
C. Added State Source Specific Requirements
1. Alcoa Massena Operations (West Plant)--Potline S-00001, Baking
furnace S-00002, Package Boilers B-00001, Permit ID 6-4058-00003.
2. Arthur Kill Generating Station, NRG--Boiler 30, Permit ID 2-6403-
00014.
3. Bowline Generating Station, GenOn--Boilers 1 and 2, Permit ID 3-
3922-00003.
4. Con Edison 59th Street Station--Steam Boilers 114 and 115, Permit ID
2-6202-00032.
5. EF Barrett Power Station, NG--Boiler 2, Permit ID 1-2820-00553.
6. International Paper Ticonderoga Mill--Power Boiler and Recovery
Furnace, Permit ID 5-1548-00008.
7. Kodak Operations at Eastman Business Park, Kodak--Boilers 41, 42 and
43, Permit ID 8-2614-00205.
8. Lafarge Building Materials--Kilns 1 and 2, Permit ID 4-0124-00001.
9. Lehigh Northeast Cement, Lehigh Cement--Kiln and Clinker cooler,
Permit ID 5-5205-00013.
10. Northport Power Station, NG--Boilers 1, 2, 3, and 4, Permit ID 1-
4726-00130.
11. Oswego Harbor Power, NRG--Boilers 5 and 6, Permit ID 7-3512-00030.
12. Owens-Corning Insulating Systems Feura Bush, Owens Corning--EU2,
EU3, EU12, EU13, and EU14, Permit ID 4-0122-00004.
13. Ravenswood Generating Station, TC--Boilers 10, 20, 30, Permit ID 2-
6304-00024.
14. Ravenswood Steam Plant, Con Edison--Boiler 2, Permit ID 2-6304-
01378.
15. Roseton Generating Station-Dynegy--Boilers 1 and 2, Permit ID 3-
3346-00075.
16. Samuel A Carlson Generating Station, Jamestown Board of Public
Utilities--Boiler 12, Permit ID 9-0608-00053.
17. Syracuse Energy Corporation [GDF Suez]--Boiler 1, Permit ID 7-3132-
00052.
II. EPA Action
In this action, EPA is announcing the update to the IBR material as
of August 1, 2015. EPA has determined this 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). This rule simply codifies provisions which are already in
effect as a matter of law in Federal and approved State programs. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the New York
regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
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 CAA. 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'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011);
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);
[[Page 23169]]
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 CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
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).
EPA has also determined that the provisions of section 307(b)(1) of
the CAA 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 compilations 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 this ``Identification of plan''
reorganization update action for the State of New York.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 22, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. In Sec. 52.1670, paragraphs (b), (c), and (d) are revised to read
as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to August
1, 2015, was approved for incorporation by reference by the Director of
the Federal 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 notification 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 August 1, 2015, 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
August 1, 2015.
(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; and the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030, or go
to: www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA approved regulations.
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Comments
----------------------------------------------------------------------------------------------------------------
Title 6, Part 200, Subpart General Provisions, 1/1/11 7/12/13 The word odor
200.1. Definitions. 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.
[[Page 23170]]
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 approval
finalized at 78 FR
41846.
Title 6, Part 200, Subpart General Provisions, 2/25/00 4/22/08 EPA approval
200.6. Acceptable ambient air finalized at 73 FR
quality. 21548.
Title 6, Part 200, Subpart General Provisions, 2/25/00 4/22/08 EPA approval
200.7. Maintenance of finalized at 73 FR
equipment. 21548.
Title 6, Part 200, Subpart Referenced material.... 1/1/11 7/12/13 EPA is
200.9. approving reference
documents that are
not already Federally
enforceable.
EPA approval
finalized at 78 FR
41846.
Title 6, Part 201.............. Permits and 4/4/93 10/3/05 This action
Registrations. removes subpart
201.5(e) from the
State's Federally
approved SIP.
EPA approval
finalized at 70 FR
57511.
Title 6, Part 201,Subpart 201- Permits and 3/5/09 11/17/10 EPA is
2.1(b)(21). Registrations, including the
Definitions. definition of ``Major
stationary source or
major source or major
facility'' with the
understanding that
the definition
applies only to
provisions of part
231.
EPA approval
finalized at 75 FR
70142.
Title 6, Part 201, Subpart 201- Permits and 7/7/96 10/3/05 EPA approval
7.1. Registrations, finalized at 70 FR
Federally Enforceable 57511.
Emission Caps.
Title 6, Part 201, Subpart 201- Permits and 7/7/96 10/3/05 EPA approval
7.2. Registrations, finalized at 70 FR
Emission Capping Using 57511.
Synthetic Minor
Permits.
Title 6, Part 202.............. Emissions Testing, 3/24/79 11/12/81 EPA approval
Sampling and finalized at 46 FR
Analytical 55690.
Determinations.
Title 6, Part 202, Subpart 202- Emission Statements.... 5/29/05 10/31/07 Section 202-
2. 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.
EPA approval
finalized at 72 FR
61530.
Title 6, Part 204.............. NOX Budget Trading 2/25/00 5/22/01 Incorporates
Program. NOX SIP Call and NOX
Budget Trading
Program for 2003 and
thereafter.
EPA approval
finalized at 66 FR
28063.
Title 6, Part 205.............. Architectural and 1/1/11 3/8/12 EPA approval
Industrial Maintenance finalized at 77 FR
(AIM) Coatings. 13974.
Title 6, Part 207.............. Control Measures for an 2/22/79 11/12/81 EPA approval
Air Pollution Episode. finalized at 46 FR
55690.
Title 6, Part 211.............. General Prohibitions... 1/1/11 3/8/12 Section 211.1
(previously numbered
211.2) is not part of
the approved plan.
(see 11/27/98, 63 FR
65559).
EPA approval
finalized at 77 FR
13974.
Title 6, Part 212.............. General Process 9/30/10 7/12/13 SIP revisions
Emission Sources. submitted in
accordance with Sec.
212.10(c)(3) and
212.12(c) are
effective only if
approved by EPA.
EPA approval
finalized at 78 FR
41846.
Title 6, Part 213.............. Contaminant Emissions 5/1/72 9/22/72 EPA approval
from Ferrous Jobbing finalized at 37 FR
Foundries. 19814.
Title 6, Part 214.............. By-Product Coke Oven 9/22/94 7/20/06 EPA approval
Batteries. finalized at 71 FR
41163.
[[Page 23171]]
Title 6, Part 215.............. Open Fires............. 6/16/72 9/22/72 EPA approval
finalized at 37 FR
19814.
Title 6, Part 216.............. Iron and/or Steel 9/22/94 7/20/06 EPA approval
Processes. finalized at 71 FR
41163.
Title 6, Part 217, Subpart 217- Motor Vehicle 12/5/10 2/28/12 EPA approval
1. Emissions, Motor finalized at 77 FR
Vehicle Enhanced 11742.
Inspection and
Maintenance Program
Requirements Until
December 31, 2010.
Title 6, Part 217, Subpart 217- Motor Vehicle 12/5/10 2/28/12 EPA approval
4. Emissions, Inspection finalized at 77 FR
and Maintenance 11742.
Program Audits Until
December 31, 2010.
Title 6, Part 217, Subpart 217- Motor Vehicle 12/5/10 2/28/12 EPA approval
6. Emissions, Motor finalized at 77 FR
Vehicle Enhanced 11742.
Inspection and
Maintenance Program
Requirements Beginning
January 1, 2011.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
1. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Applicability and duty vehicles.
Definitions. EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
2. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Certification and duty vehicles.
Prohibitions.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
3. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Fleet Average. duty vehicles.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 5/28/92 1/6/95 EPA's
4. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Zero Emissions Vehicle duty vehicles.
Sales Mandate.
EPA approval
finalized at 60 FR
2025.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
5. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Testing. duty vehicles.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
6. Motor Vehicles and approval of part 218
Motor Surveillance. only applies to light-
duty vehicles.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
7. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Aftermarket Parts. duty vehicles.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
8. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Severability. duty vehicles.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 219.............. Incinerators........... 5/1/72 9/22/72 EPA approval
finalized at 37 FR
19814.
Title 6, Part 220.............. Portland Cement Plants 7/11/10 7/12/13 SIP revisions
and Glass Plants. submitted in
accordance with Sec.
220-1.6(b)(4) and
220-2.3(a)(4) are
effective only if
approved by EPA.
EPA approval
finalized at 78 FR
41846.
Title 6, Part 222.............. Incinerators--New York 6/17/72 9/22/72 EPA approval
City, Nassau and finalized at 37 FR
Westchester Counties. 19814.
Title 6, Part 223.............. Petroleum Refineries... 8/9/84 7/19/85 EPA approval
finalized at 50 FR
29382.
Title 6, Part 224.............. Sulfuric and Nitric 5/10/84 7/19/85 Variances
Acid Plants. adopted by the State
pursuant to Part
224.6(b) become
applicable only if
approved by EPA as
SIP revisions.
EPA approval
finalized at 50 FR
29382.
Title 6, Part 225, Subpart 225- Fuel Composition and 3/24/79 11/12/81 Variances
1. Use-Sulfur Limitations. adopted by the State
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)).
EPA approval
finalized at 46 FR
55690.
Title 6, Part 225, Subpart 225- Fuel Composition and 7/28/83 8/2/84 EPA approval
2. Use-Waste Fuel. finalized at 49 FR
30936.
[[Page 23172]]
Title 6, Part 225, Subpart 225- Fuel Composition and 11/4/01 9/8/05 The Variance
3. Use-Gasoline. adopted by the State
pursuant to section
225-3.5 becomes
applicable only if
approved by EPA as a
SIP revision.
EPA approval
finalized at 70 FR
53304.
Title 6, Part 226.............. Solvent Metal Cleaning 5/7/03 1/23/04 EPA approval
Processes. finalized at 69 FR
3237.
Title 6, Part 227, Subpart Stationary Combustion 5/1/72 9/22/72 1972 version.
227.2(b)(1). Installations. EPA approval
finalized at 37 FR
19814.
Title 6, Part 227,Subpart 227-1 Stationary Combustion 2/25/00 5/22/01 Existing Part
Installations. 227 is renumbered
Subpart 227-1.
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.).
EPA approval
finalized at 66 FR
28063.
Title 6, Part 227,Subpart 227-2 Stationary Combustion 7/8/10 7/12/13 SIP revisions
Installations, submitted in
Reasonably Available accordance with Sec.
Control Technology 227-2.3(c) are
(RACT) For Major effective only if
Facilities of Oxides approved by EPA.
of Nitrogen (NOX). EPA approval
finalized at 78 FR
41846.
Title 6, Part 227,Subpart 227-3 Stationary Combustion 3/5/99 5/22/01 Approval of
Installations, Pre- NOX Budget Trading
2003 Nitrogen Oxides Program for 1999,
Emissions Budget and 2000, 2001 and 2002.
Allowance Program. NOX caps in the State
during 2003 and
thereafter
established in Part
204.
EPA approval
finalized at 66 FR
28063.
Title 6, Part 228.............. Surface Coating 6/5/13 3/4/14 EPA approval
Processes, Commercial finalized at 79 FR
and Industrial 12082.
Adhesives, Sealants
and Primers.
Title 6, Part 229.............. Petroleum and Volatile 4/4/93 12/23/97 SIP revisions
Organic Liquid Storage submitted in
and Transfer. accordance with
Section 229.3(g)(1)
are effective only if
approved by EPA.
EPA approval
finalized at 62 FR
67006.
Title 6, Part 230.............. Gasoline Dispensing 9/22/94 4/30/98 EPA approval
Sites and Transport finalized at 63 FR
Vehicles. 23668.
Title 6, Part 231.............. New Source Review for 3/5/09 11/17/10 Partial
New and Modified approval; no action
Facilities. 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 approval
finalized at 75 FR
70140.
Title 6, Part 232.............. Dry Cleaning........... 8/11/83 6/17/85 EPA has not
determined that Sec.
232.3(a) provides
for reasonably
available control
technology.
EPA approval
finalized at 50 FR
25079.
Title 6, Part 233.............. Pharmaceutical and 4/4/93 12/23/97 SIP revisions
Cosmetic Manufacturing submitted in
Processes. accordance with
Section 223.3(h)(1)
are effective only if
approved by EPA.
EPA approval
finalized at 62 FR
67006.
Title 6, Part 234.............. Graphic Arts........... 7/8/10 3/8/12 SIP revisions
submitted in
accordance with Sec.
234.3(f) are
effective only if
approved by EPA.
EPA approval
finalized at 77 FR
13974.
Title 6, Part 235.............. Consumer Products...... 10/15/09 5/28/10 EPA approval
finalized at 75 FR
29897.
[[Page 23173]]
Title 6, Part 236.............. Synthetic Organic 1/12/92 7/27/93 Variances
Chemical Manufacturing adopted by the State
Facility Component pursuant to Part
Leaks. 236.6(e)(3) become
applicable only if
approved by EPA as a
SIP revision.
EPA approval
finalized at 58 FR
40059.
Title 6, Part 239.............. Portable Fuel Container 7/30/09 5/28/10 The specific
Spillage Control. application of
provisions associated
with alternate test
methods, variances
and innovative
products, must be
submitted to EPA as
SIP revisions.
EPA approval
finalized at 75 FR
29897.
Title 6, Part 240, Subpart 240- Transportation 9/13/13 7/29/14 EPA approval
1. Conformity, finalized at 79 FR
Transportation 43945.
Conformity General
Provisions.
Title 6, Part 240, Subpart 240- Transportation 9/13/13 7/29/14 EPA approval
2. Conformity, finalized at 79 FR
Consultation. 43945.
Title 6, Part 240, Subpart 240- Transportation 9/13/13 7/29/14 EPA approval
3. Conformity, Regional finalized at 79 FR
Transportation-Related 43945.
Emissions and
Enforceability.
Title 6, Part 241.............. Asphalt Pavement and 1/1/11 3/8/12 EPA approval
Asphalt Based Surface finalized at 77 FR
Coating. 13974.
Title 6, Part 243.............. CAIR NOX Ozone Season 10/19/07 1/24/08 EPA approval
Trading Program. finalized at 73 FR
4112.
Title 6, Part 244.............. CAIR NOX Annual Trading 10/19/07 1/24/08 EPA approval
Program. finalized at 73 FR
4112.
Title 6, Part 245.............. CAIR SO2Trading Program 10/19/07 1/24/08 EPA approval
finalized at 73 FR
4112.
Title 6, Part 249.............. Best Available Retrofit 5/6/10 8/28/12 EPA approval
Technology (BART). finalized at 77 FR
51915.
Title 15, Part 79, Subparts Motor Vehicle 12/29/10 2/28/12 EPA approval
79.1-79.15, 79.17, 79.20, Inspection Regulations. finalized at 77 FR
79.21, 79.24, 79.25. 11742.
Title 19, Part 937............. Access To Publicly 8/27/12 6/20/13 Only subpart
Available Records. 937.1(a) is approved
into the SIP and is
for the limited
purpose of satisfying
Clean Air Act Section
128(a)(2).
EPA approval
finalized at 78 FR
37124.
Section 19-0325................ Environmental 7/15/10 8/28/12 EPA approval
Conservation Law, finalized at 77 FR
Sulfur reduction 51915.
requirements.
Section 73-a................... Public Officers Law, 8/15/11 6/20/13 Only
Financial disclosure. subsections 73-
a(2)(a)(i) and (ii)
are approved into the
SIP and are for the
limited purpose of
satisfying Clean Air
Act Section
128(a)(2).
EPA approval
finalized at 78 FR
37124.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved State source-specific requirements.
EPA-Approved New York Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval
Name of source Identifier No. effective date date Comments
----------------------------------------------------------------------------------------------------------------
Dunlop Tire and Rubber Consent Order 81- 8/19/81 1/26/84 Part 212 VOC
Corporation. 36, 9-0420. RACT Compliance Plan.
Green tire
spraying, bead dipping,
and under tread and
tread end cementing
processes.
EPA approval
finalized at 49 FR
3436.
Dunlop Tire and Rubber Consent Order 81- 1/29/82 1/26/84 Part 212 VOC
Corporation. 36, 9-0420, RACT Compliance Plan.
Amendment Letter 1. Green tire
spraying, bead dipping,
and under tread and
tread end cementing
processes.
EPA approval
finalized at 49 FR
3436.
Dunlop Tire and Rubber Consent Order 81- 3/3/82 1/26/84 Part 212 VOC
Corporation. 36, 9-0420, RACT Compliance Plan.
Amendment Letter 2. Green tire
spraying, bead dipping,
and under tread and
tread end cementing
processes.
EPA approval
finalized at 49 FR
3436.
[[Page 23174]]
Morton International Inc......... A563203003500027C.. 9/1/95 9/23/97 Part 227-2, NOX
RACT determination.
Emission point
00027.
EPA approval
finalized at 62 FR
49617.
Morton International Inc......... A563203003500027C, 8/23/95 9/23/97 Part 227-2, NOX
Special Conditions. RACT determination.
Emission point
00027.
EPA approval
finalized at 62 FR
49617.
University of Rochester.......... 8-2614-00548/00006- 4/25/96 9/23/97 Part 227-2, NOX
0. RACT determination.
Emission points
00003 and 0005.
EPA approval
finalized at 62 FR
49617.
University of Rochester.......... 8-2614-00548/00006- 3/19/96 9/23/97 Part 227-2, NOX
0, Special RACT determination.
Conditions. Emission points
00003 and 0005.
EPA approval
finalized at 62 FR
49617.
Algonquin Gas Transmission 3-3928-1/9-0....... 9/23/91 9/23/97 Part 227-2, NOX
Company. RACT determination.
Emission Points
R0100, R0200, R0300,
and R0400.
Permit and
Special Conditions.
EPA approval
finalized at 62 FR
49617.
Algonquin Gas Transmission 3-3928, Special 3/18/96 9/23/97 Part 227-2, NOX
Company. Conditions. RACT determination.
Emission Points
R0100, R0200, R0300.
EPA approval
finalized at 62 FR
49617.
Algonquin Gas Transmission 3-3928-00001/00013. 3/29/96 9/23/97 Part 227-2, NOX
Company. RACT determination.
Emission Point
R0400.
EPA approval
finalized at 62 FR
49617.
Algonquin Gas Transmission 3-39228-00001/ 8/8/96 9/23/97 Permit
Company. 00010,11,12,13. Correction.
Part 227-2, NOX
RACT determination.
Emission Points
R0100, R0200, R0300,
and R0400.
EPA approval
finalized at 62 FR
49617.
Tenneco Gas Corporation's (also 144000............. 8/22/95 7/21/03 Part 227-2, NOX
known as Tenneco Gas Pipeline RACT determination.
Company and Tennessee Gas Compressor
Pipeline Company). Station 229.
Emission Points
0001A through 0006A.
EPA approval
finalized at 68 FR
42981.
Tenneco Gas Corporation's (also 215600, Special 2/24/97 7/21/03 Part 227-2, NOX
known as Tenneco Gas Pipeline Conditions. RACT determination.
Company and Tennessee Gas Compressor
Pipeline Company). Station 245.
Emission Points
00001 through 00006.
EPA approval
finalized at 68 FR
42981.
Tenneco Gas Corporation's (also 102600............. 10/4/95 7/21/03 Part 227-2, NOX
known as Tenneco Gas Pipeline RACT determination.
Company and Tennessee Gas Compressor
Pipeline Company). Station 254.
Emission Points
00001 through 00006.
EPA approval
finalized at 68 FR
42981.
Tenneco Gas Corporation's (also 102600,Special 9/15/95 7/21/03 Part 227-2, NOX
known as Tenneco Gas Pipeline Conditions. RACT determination.
Company and Tennessee Gas Compressor
Pipeline Company). Station 254.
Emission Points
00001 through 00006.
EPA approval
finalized at 68 FR
42981.
General Chemical Corporation..... 7-3132-00009/00012. 12/16/97 7/1/04 Part 212, NOX
RACT determination. 6/
23/05 letter informing
NYSDEC that the
approval will
automatically convert
to a disapproval.
Emission Points
0SN1A and 0SN1B.
EPA approval
finalized at 69 FR
39858.
ALCOA Massena Operations (West 6-4058-00003....... 3/20/12 8/28/12 Part 249 BART.
Plant). Emission Points
Potline S-00001, Baking
furnace S-00002,
Package Boilers B-
00001.
EPA approval
finalized at 77 FR
51915.
Arthur Kill Generating Station, 2-6403-00014....... 3/20/12 8/28/12 Part 249 BART.
NRG. Boiler 30.
EPA approval
finalized at 77 FR
51915.
Bowline Generating Station, GenOn 3-3922-00003....... 6/28/12 8/28/12 Part 249 BART.
Boilers 1 and
2.
EPA approval
finalized at 77 FR
51915.
Con Edison 59th Street Station... 2-6202-00032....... 3/20/12 8/28/12 Part 249 BART.
Steam Boilers
114 and 115.
EPA approval
finalized at 77 FR
51915.
[[Page 23175]]
EF Barrett Power Station, NG..... 1-2820-00553....... 3/27/12 8/28/12 Part 249 BART.
Boiler 2.
EPA approval
finalized at 77 FR
51915.
International Paper Ticonderoga 5-1548-00008....... 3/19/12 8/28/12 Part 249 BART.
Mill. Power Boiler
and Recovery Furnace.
EPA approval
finalized at 77 FR
51915.
Kodak Operations at Eastman 8-2614-00205....... 5/25/12 8/28/12 Part 249 BART.
Business Park, Kodak. Boilers 41, 42
and 43.
EPA approval
finalized at 77 FR
51915.
Lafarge Building Materials....... 4-0124-00001....... 7/19/11 8/28/12 Condition 12-
14.
Kilns 1 and 2.
EPA approval
finalized at 77 FR
51915.
Lehigh Northeast Cement, Lehigh 5-5205-00013....... 7/5/12 8/28/12 Part 220 and
Cement. Part 249 BART.
Kiln and
Clinker cooler.
EPA approval
finalized at 77 FR
51915.
Northport Power Station, NG...... 1-4726-00130....... 3/27/12 8/28/12 Part 249 BART.
Boilers 1, 2,
3, and 4.
EPA approval
finalized at 77 FR
51915.
Oswego Harbor Power, NRG......... 7-3512-00030....... 5/16/12 8/28/12 Part 249 BART.
Boilers 5 and
6.
EPA approval
finalized at 77 FR
51915.
Owens-Corning Insulating Systems 4-0122-00004....... 5/18/12 8/28/12 Part 249 BART.
Feura Bush, Owens Corning. EU2, EU3, EU12,
EU13, and EU14.
EPA approval
finalized at 77 FR
51915.
Ravenswood Generating Station, TC 2-6304-00024....... 4/6/12 8/28/12 Part 249 BART.
Boilers 10, 20,
30.
EPA approval
finalized at 77 FR
51915.
Ravenswood Steam Plant, Con 2-6304-01378....... 3/20/12 8/28/12, Part 249 BART.
Edison. Boiler 2.
EPA approval
finalized at 77 FR
51915.
Roseton Generating Station-Dynegy 3-3346-00075....... 11/02/11 8/28/12 Excluding the
SO2 BART emissions
limits for Boilers 1
and 2 and corresponding
monitoring,
recordkeeping, and
reporting requirements,
which EPA disapproved.
Boilers 1 and
2.
EPA approval
finalized at 77 FR
51915.
Samuel A Carlson Generating 9-0608-00053....... 2/8/12 8/28/12 Part 249 BART.
Station, James town Board of Boiler 12.
Public Utilities. EPA approval
finalized at 77 FR
51915.
Syracuse Energy Corporation [GDF 7-3132-00052....... 5/24/12 8/28/12 Part 249 BART.
Suez]. Boiler 1.
EPA approval
finalized at 77 FR
51915.
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[FR Doc. 2016-08829 Filed 4-19-16; 8:45 am]
BILLING CODE 6560-50-P
