Approval and Promulgation of Implementation Plans; New York Prevention of Significant Deterioration of Air Quality and Nonattainment New Source Review; Infrastructure State Implementation Plan Requirements, 95047-95050 [2016-31018]
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 27, 2017. 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, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: December 13, 2016.
Robert Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 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.
2. Section 52.2591 is amended by
adding paragraph (k) to read as follows:
■
§ 52.2591 Section 110(a)(2) infrastructure
requirements.
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*
*
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(k) Approval—In a July 13, 2015,
submission, WDNR certified that the
state has satisfied the infrastructure SIP
requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the
2012 PM2.5 NAAQS. We are not taking
action on the prevention of significant
deterioration requirements related to
section 110(a)(2)(C)(ii), (D)(i)(II), and (J),
the transport provisions in section
110(a)(2)(D)(i)(I), and the stationary
source monitoring and reporting
requirements of section 110(a)(2)(F). We
will address these requirements in a
separate action.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2016–0478, FRL–9957–08–
Region 2]
Approval and Promulgation of
Implementation Plans; New York
Prevention of Significant Deterioration
of Air Quality and Nonattainment New
Source Review; Infrastructure State
Implementation Plan Requirements
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the New York State
Implementation Plan (SIP) amending
existing nonattainment New Source
Review (NNSR) and attainment New
Source Review (Prevention of
Significant Deterioration of Air Quality,
PSD) program requirements that the
New York State Department of
Environmental Conservation (NYSDEC)
submitted to EPA on October 12, 2011.
Specifically, the SIP revision includes
new requirements pertaining to the
regulation of particulate matter with an
aerodynamic diameter less than or equal
to 2.5 micrometer (PM2.5) and the
regulation of Greenhouse Gases (GHGs)
under New York’s Part 231, ‘‘New
Source Review for New and Modified
Facilities;’’ Part 201, ‘‘Permits and
Registrations;’’ and amendments to Part
200, ‘‘General Provisions,’’ of Title 6 of
the Official Compilation of Codes, Rules
and Regulations of the State of New
York (6 NYCRR). The SIP revision will
make the SIP consistent with existing
federal requirements. The EPA is also
taking final action to approve certain
elements of New York SIP revisions
submitted to demonstrate that the State
meets the requirements of section
110(a)(1) and (2) of the Clean Air Act
(CAA) for the 2008 lead (Pb), 2008
ozone, and 2010 sulfur dioxide (SO2)
national ambient air quality standards
(NAAQS).
SUMMARY:
[FR Doc. 2016–31017 Filed 12–23–16; 8:45 am]
This rule is effective on January
26, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
number EPA–R02–OAR–2016–0478. All
documents in the docket are listed on
the https://www.regulations.gov Web
site.
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FOR FURTHER INFORMATION CONTACT:
DATES:
Frank Jon, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
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York 10007–1866, (212) 637–4085;
email address: jon.frank@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, references
to ‘‘EPA,’’ ‘‘we,’’ ‘‘us,’’ or ‘‘our,’’ are
intended to mean the Environmental
Protection Agency. The supplementary
information is arranged as follows:
I. What is the background for this action?
II. What sections of New York’s rules are we
approving in this action?
III. What are EPA’s responses to comments to
EPA’s proposal?
IV. What action is EPA taking?
V. Incorporation By Reference.
VI. Statutory and Executive Order Reviews.
I. What is the background for this
action?
On October 12, 2011, the New York
State Department of Environmental
Conservation (NYSDEC) submitted to
EPA Region 2 a new set of revisions to
the New York State Implementation
Plan (SIP). This submittal consists of
revisions to Title 6 of the New York
Code of Rules and Regulations (6
NYCRR) Part 231, New Source Review
for New and Modified Facilities; 6
NYCRR Part 200, General Provisions;
and 6 NYCRR Part 201, Permits and
Certificates. New York undertook this
rulemaking to comply with EPA’s May
16, 2008 NSR final rule for the
regulation of particulate matter with an
aerodynamic diameter less than or equal
to 2.5 micrometers (PM2.5). Also, the
revisions implement EPA’s October 20,
2010 final rule that establishes the PM2.5
increments, significant impact levels,
and significant monitoring
concentrations. New York’s rulemaking
implements PM2.5 provisions that were
not previously included in the
November 17, 2010 EPA SIP approval of
Part 231. This SIP revision also
incorporates provisions that conform to
EPA’s June 3, 2010 final rule for
Greenhouse Gases (GHGs) under its PSD
and Title V programs, establishing major
source applicability threshold levels for
GHG emissions and other conforming
changes such as the establishment of
global warming potential values for
calculating CO2 equivalents under New
York’s PSD and Title V programs. In
today’s action, the EPA is taking final
action to approve those revisions by
issuing a full approval, as proposed (see
81 FR 63448 (September 15, 2016)).
The EPA is also taking action to
approve certain elements of New York
SIP revisions as meeting CAA section
110(a) requirements for the 2008 Pb,
2008 ozone, and 2010 SO2 NAAQS.
NYSDEC submitted a SIP for the 2008
Pb NAAQS on October 13, 2011, as
supplemented on February 24, 2012,
and for the 2008 ozone NAAQS on April
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4, 2013 and the 2010 SO2 NAAQS on
October 3, 2013.
Under CAA sections 110(a)(1) and (2),
states are required to submit SIPs that
provide for the implementation,
maintenance and enforcement of the
NAAQS. The EPA refers to these types
of SIP submissions as the
‘‘infrastructure’’ SIPs. States must make
infrastructure SIP submissions within 3
years after the promulgation of a new or
revised NAAQS. On November 12, 2008
(73 FR 66964), EPA promulgated a
revised NAAQS for Pb, which is 0.15
micrograms per cubic meter of air (mg/
m3) maximum not to be exceeded on a
rolling 3-month average. On March 27,
2008 (73 FR 16436), EPA revised the
level of the 8-hour ozone NAAQS from
0.08 parts per million (ppm) to 0.075
ppm. On June 22, 2010 (75 FR 35520),
EPA promulgated a revised NAAQS for
SO2 at a level of 75 ppb, based on a 3year average of the annual 99th
percentile of 1-hour daily maximum
concentrations.
This final action pertains only to the
portions of the infrastructure SIPs
submitted for the 2008 Pb, 2008 ozone,
and 2010 SO2 NAAQs pertaining to
CAA sections 110(a)(2)(C);
110(a)(2)(D)(i)(II) prong 3 (PSD); and
110(a)(2)(J). The reader is referred to the
September 15, 2016 proposed
rulemaking for a detailed discussion of
New York’s submittals and EPA’s
review and proposed actions.
PM2.5, Section 231–13.5 Table 5
containing the GHG major source
thresholds for sources that are major for
GHG only and subpart 231–12.4(a)(1)
containing the PM2.5 Significant
Monitoring Concentration (SMC) of 4
mg/m3. However, EPA approves New
York’s replacement of the SMC value
with zero (0) until future regulatory
changes are made.
II. What sections of New York’s rules
are we approving in this action?
With respect to 6 NYCRR Part 200, the
EPA is taking final action to approve
into the New York SIP revisions to
Section 200.1, specifically, subparts
200.1(bj), 200.1(bl), 200.1(cj), 200.1(cu)
through 200.1(cv), together with
revisions to Section 200.9, Table 1, as
delineated in the New York October 12,
2011 submittal to EPA.
With respect to 6 NYCRR Part 201, the
EPA is taking final action to approve
into the New York SIP revisions to
subpart 201–2.1(b)(21) with the
exception of changes to the definitions
in subparts 201–2.1(b)(21)(i) and 201–
2.1(b)(21)(v) which were withdrawn by
the NYSDEC.
With respect to 6 NYCRR part 231, the
EPA is taking final action to approve all
of part 231 into the New York SIP
except certain revisions to part 231
which were withdrawn by the NYSDEC.
The withdrawn revisions which are not
being approved into the New York SIP
are, as identified in EPA’s September
15, 2016 proposal, certain portions of
subpart 231–5.5(b)(3) and 231–6.6(b)(3),
231–10.1(d), 231–12.7 containing the
Significant Impact Levels (SILs) for
V. 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 revised versions of 6
NYCRR Part 200, 6 NYCRR Part 201 and
6 NYCRR Part 231 described in the
proposed amendments to 40 CFR part
52 set forth below. Therefore, these
materials have been approved by EPA
for inclusion in the State
Implementation Plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
EPA has made, and will continue to
make, these documents generally
available electronically through https://
www.regulations.gov and/or in hard
copy at the appropriate EPA office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
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III. What are EPA’s responses to
comments to EPA’s proposal?
In response to EPA’s September 15,
2016 (81 FR 63448) proposed approval,
the EPA received no comments during
the public comment period.
IV. What action is EPA taking?
The EPA is taking a final action to
approve revisions of 6 NYCRR parts
200, 201, and 231 to the New York State
Implementation Plan (SIP) as specified
in Section II of this notice and
submitted by the New York State
Department of Environmental
Conservation (NYSDEC) on October 12,
2011, with the exception of the NYSDEC
withdrawn items listed in Section II of
this notice.
EPA is also taking final action to
approve New York’s infrastructure SIP
submittals for 2008 Pb, 2008 ozone, and
2010 SO2 for CAA Section 110(a)(2)
elements and sub-elements, as follows:
110(a)(2)(C), 110(a)(2)(D)(i)(II) prong 3,
and 110(a)(2)(J).
1 62
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section of this preamble for more
information).
VI. 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 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 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
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, because the SIP
is not approved to apply in Indian
country located in the State, and EPA
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notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law. Thus Executive
Order 13175 does not apply to this
action.
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 February 27,
2017. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 22, 2016.
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
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. In § 52.1670:
a. The table in paragraph (c) is
amended by revising four entries for
‘‘Title 6, Part 200, Subpart 200.1’’, ‘‘Title
6, Part 200, Subpart 200.9’’, ‘‘Title 6,
Part 201, Subpart 201–2.1(b)(21)’’, and
‘‘Title 6, Part 231’’; and
■ b. The table in paragraph (e) is
amended by:
■ i. Adding another entry titled
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2008 ozone
NAAQS’’ at the end of the table; and
■ ii. Adding two entries titled ‘‘Section
110(a)(2) Infrastructure Requirements
for the 2008 Pb NAAQS’’ and ‘‘Section
110(a)(2) Infrastructure Requirements
for the 2010 SO2 NAAQS’’ at the end of
the table.
The additions read as follows:
■
■
§ 52.1670
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State citation
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Title 6, Part 200, Subpart
200.1.
*
VerDate Sep<11>2014
EPA approval
date
10/15/11
12/27/16
General Provisions, Definitions.
*
Title 6, Part 200, Subpart
200.9.
State effective
date
Title/subject
*
*
General Provisions, Referenced Material.
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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.
EPA is including the definition of ‘‘federally enforceable’’ with the understanding that (1) the definition
applies to provisions of a Title V permit that are
correctly identified as federally enforceable, and
(2) a source accepts operating limits and conditions to lower its potential to emit to become a
minor source, not to ‘‘avoid’’ applicable requirements.
EPA is approving incorporation by reference of those
documents that are not already federally enforceable.
EPA approval finalized at [Insert Federal Register
citation].
*
12/27/16
Sfmt 4700
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EPA is approving reference documents that are not
Federally enforceable.
EPA approval finalized at [Insert Federal Register
citation].
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EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
State citation
*
*
Title 6, Part 201, Subpart
201–2.1(b)(21).
*
Title 6, Part 231 ...............
*
*
*
*
*
10/15/11
*
10/15/11
*
*
Comments
*
12/27/16
*
New Source Review for
New and Modified Facilities.
*
EPA approval
date
*
Permits and Registrations,
Definitions.
*
*
State effective
date
Title/subject
*
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.
Revisions are approved except for changes to the
definitions
in
201–2.1(b)(21)(i)
and
201–
2.1(b)(21)(v) withdrawn by NYSDEC as per July
28, 2016 letter to EPA Region 2.
EPA approval finalized at [Insert Federal Register
citation].
*
12/27/16
*
*
*
*
Full approval except for certain revisions to 231–
5.5(b)(3), 231–6.6(b)(3), 231–10.1(d), 231–
12.4(a)(1), 231–12.7, and 231–13.5 Table 5 withdrawn by NYSDEC as per July 28, 2016 NYSDEC
letter to EPA Region 2.
The PM2.5 Significant Monitoring Concentration
(SMC) is approved as 0 μg/m3 in 231–12.4(a)(1).
EPA approval finalized at [Insert Federal Register
citation].
*
*
*
(e) * * *
EPA-APPROVED NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Action/SIP element
Applicable geographic
or nonattainment area
New York submittal
date
*
Section 110(a)(2) Infrastructure Requirements for the 2008
ozone NAAQS.
Section 110(a)(2) Infrastructure Requirements for the 2008
Pb NAAQS.
Section 110(a)(2) Infrastructure Requirements for the 2010
SO2 NAAQS.
*
Statewide ...................
*
*
*
04/04/2013 ................. 12/27/2016, [Insert
Federal Register
citation].
*
*
This action addresses the following CAA elements: 110(a)(2)(C), (D)(i)(II) prong 3, and
(J).
Statewide ...................
10/13/11, and supplemented on 2/24/12.
12/27/2016, [Insert
Federal Register
citation].
This action addresses the following CAA elements: 110(a)(2)(C), (D)(i)(II) prong 3, and
(J).
Statewide ...................
10/03/2013 .................
12/27/2016, [Insert
Federal Register
citation].
This action addresses the following CAA elements: 110(a)(2)(C), (D)(i)(II) prong 3, and
(J).
EPA approval date
Explanation
[FR Doc. 2016–31018 Filed 12–23–16; 8:45 am]
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]]>Agencies
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 95047-95050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31018]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0478, FRL-9957-08-Region 2]
Approval and Promulgation of Implementation Plans; New York
Prevention of Significant Deterioration of Air Quality and
Nonattainment New Source Review; Infrastructure State Implementation
Plan Requirements
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the New York State Implementation Plan
(SIP) amending existing nonattainment New Source Review (NNSR) and
attainment New Source Review (Prevention of Significant Deterioration
of Air Quality, PSD) program requirements that the New York State
Department of Environmental Conservation (NYSDEC) submitted to EPA on
October 12, 2011. Specifically, the SIP revision includes new
requirements pertaining to the regulation of particulate matter with an
aerodynamic diameter less than or equal to 2.5 micrometer
(PM2.5) and the regulation of Greenhouse Gases (GHGs) under
New York's Part 231, ``New Source Review for New and Modified
Facilities;'' Part 201, ``Permits and Registrations;'' and amendments
to Part 200, ``General Provisions,'' of Title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York (6
NYCRR). The SIP revision will make the SIP consistent with existing
federal requirements. The EPA is also taking final action to approve
certain elements of New York SIP revisions submitted to demonstrate
that the State meets the requirements of section 110(a)(1) and (2) of
the Clean Air Act (CAA) for the 2008 lead (Pb), 2008 ozone, and 2010
sulfur dioxide (SO2) national ambient air quality standards
(NAAQS).
DATES: This rule is effective on January 26, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
number EPA-R02-OAR-2016-0478. All documents in the docket are listed on
the https://www.regulations.gov Web site.
FOR FURTHER INFORMATION CONTACT: Frank Jon, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4085; email address: jon.frank@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, references to
``EPA,'' ``we,'' ``us,'' or ``our,'' are intended to mean the
Environmental Protection Agency. The supplementary information is
arranged as follows:
I. What is the background for this action?
II. What sections of New York's rules are we approving in this
action?
III. What are EPA's responses to comments to EPA's proposal?
IV. What action is EPA taking?
V. Incorporation By Reference.
VI. Statutory and Executive Order Reviews.
I. What is the background for this action?
On October 12, 2011, the New York State Department of Environmental
Conservation (NYSDEC) submitted to EPA Region 2 a new set of revisions
to the New York State Implementation Plan (SIP). This submittal
consists of revisions to Title 6 of the New York Code of Rules and
Regulations (6 NYCRR) Part 231, New Source Review for New and Modified
Facilities; 6 NYCRR Part 200, General Provisions; and 6 NYCRR Part 201,
Permits and Certificates. New York undertook this rulemaking to comply
with EPA's May 16, 2008 NSR final rule for the regulation of
particulate matter with an aerodynamic diameter less than or equal to
2.5 micrometers (PM2.5). Also, the revisions implement EPA's
October 20, 2010 final rule that establishes the PM2.5
increments, significant impact levels, and significant monitoring
concentrations. New York's rulemaking implements PM2.5
provisions that were not previously included in the November 17, 2010
EPA SIP approval of Part 231. This SIP revision also incorporates
provisions that conform to EPA's June 3, 2010 final rule for Greenhouse
Gases (GHGs) under its PSD and Title V programs, establishing major
source applicability threshold levels for GHG emissions and other
conforming changes such as the establishment of global warming
potential values for calculating CO2 equivalents under New
York's PSD and Title V programs. In today's action, the EPA is taking
final action to approve those revisions by issuing a full approval, as
proposed (see 81 FR 63448 (September 15, 2016)).
The EPA is also taking action to approve certain elements of New
York SIP revisions as meeting CAA section 110(a) requirements for the
2008 Pb, 2008 ozone, and 2010 SO2 NAAQS. NYSDEC submitted a
SIP for the 2008 Pb NAAQS on October 13, 2011, as supplemented on
February 24, 2012, and for the 2008 ozone NAAQS on April
[[Page 95048]]
4, 2013 and the 2010 SO2 NAAQS on October 3, 2013.
Under CAA sections 110(a)(1) and (2), states are required to submit
SIPs that provide for the implementation, maintenance and enforcement
of the NAAQS. The EPA refers to these types of SIP submissions as the
``infrastructure'' SIPs. States must make infrastructure SIP
submissions within 3 years after the promulgation of a new or revised
NAAQS. On November 12, 2008 (73 FR 66964), EPA promulgated a revised
NAAQS for Pb, which is 0.15 micrograms per cubic meter of air ([mu]g/
m\3\) maximum not to be exceeded on a rolling 3-month average. On March
27, 2008 (73 FR 16436), EPA revised the level of the 8-hour ozone NAAQS
from 0.08 parts per million (ppm) to 0.075 ppm. On June 22, 2010 (75 FR
35520), EPA promulgated a revised NAAQS for SO2 at a level
of 75 ppb, based on a 3-year average of the annual 99th percentile of
1-hour daily maximum concentrations.
This final action pertains only to the portions of the
infrastructure SIPs submitted for the 2008 Pb, 2008 ozone, and 2010
SO2 NAAQs pertaining to CAA sections 110(a)(2)(C);
110(a)(2)(D)(i)(II) prong 3 (PSD); and 110(a)(2)(J). The reader is
referred to the September 15, 2016 proposed rulemaking for a detailed
discussion of New York's submittals and EPA's review and proposed
actions.
II. What sections of New York's rules are we approving in this action?
With respect to 6 NYCRR Part 200, the EPA is taking final action to
approve into the New York SIP revisions to Section 200.1, specifically,
subparts 200.1(bj), 200.1(bl), 200.1(cj), 200.1(cu) through 200.1(cv),
together with revisions to Section 200.9, Table 1, as delineated in the
New York October 12, 2011 submittal to EPA.
With respect to 6 NYCRR Part 201, the EPA is taking final action to
approve into the New York SIP revisions to subpart 201-2.1(b)(21) with
the exception of changes to the definitions in subparts 201-
2.1(b)(21)(i) and 201-2.1(b)(21)(v) which were withdrawn by the NYSDEC.
With respect to 6 NYCRR part 231, the EPA is taking final action to
approve all of part 231 into the New York SIP except certain revisions
to part 231 which were withdrawn by the NYSDEC. The withdrawn revisions
which are not being approved into the New York SIP are, as identified
in EPA's September 15, 2016 proposal, certain portions of subpart 231-
5.5(b)(3) and 231-6.6(b)(3), 231-10.1(d), 231-12.7 containing the
Significant Impact Levels (SILs) for PM2.5, Section 231-13.5
Table 5 containing the GHG major source thresholds for sources that are
major for GHG only and subpart 231-12.4(a)(1) containing the
PM2.5 Significant Monitoring Concentration (SMC) of 4 [mu]g/
m\3\. However, EPA approves New York's replacement of the SMC value
with zero (0) until future regulatory changes are made.
III. What are EPA's responses to comments to EPA's proposal?
In response to EPA's September 15, 2016 (81 FR 63448) proposed
approval, the EPA received no comments during the public comment
period.
IV. What action is EPA taking?
The EPA is taking a final action to approve revisions of 6 NYCRR
parts 200, 201, and 231 to the New York State Implementation Plan (SIP)
as specified in Section II of this notice and submitted by the New York
State Department of Environmental Conservation (NYSDEC) on October 12,
2011, with the exception of the NYSDEC withdrawn items listed in
Section II of this notice.
EPA is also taking final action to approve New York's
infrastructure SIP submittals for 2008 Pb, 2008 ozone, and 2010
SO2 for CAA Section 110(a)(2) elements and sub-elements, as
follows: 110(a)(2)(C), 110(a)(2)(D)(i)(II) prong 3, and 110(a)(2)(J).
V. 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 revised
versions of 6 NYCRR Part 200, 6 NYCRR Part 201 and 6 NYCRR Part 231
described in the proposed amendments to 40 CFR part 52 set forth below.
Therefore, these materials have been approved by EPA for inclusion in
the State Implementation Plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference by the Director
of the Federal Register in the next update to the SIP compilation.\1\
EPA has made, and will continue to make, these documents generally
available electronically through https://www.regulations.gov and/or in
hard copy at the appropriate EPA office (please contact the person
identified in the For Further Information Contact section of this
preamble for more information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997)
---------------------------------------------------------------------------
VI. 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 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 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 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, because the SIP is not approved to
apply in Indian country located in the State, and EPA
[[Page 95049]]
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law. Thus Executive Order 13175 does not
apply to this action.
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 February 27, 2017. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 22, 2016.
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 Sec. 52.1670:
0
a. The table in paragraph (c) is amended by revising four entries for
``Title 6, Part 200, Subpart 200.1'', ``Title 6, Part 200, Subpart
200.9'', ``Title 6, Part 201, Subpart 201-2.1(b)(21)'', and ``Title 6,
Part 231''; and
0
b. The table in paragraph (e) is amended by:
0
i. Adding another entry titled ``Section 110(a)(2) Infrastructure
Requirements for the 2008 ozone NAAQS'' at the end of the table; and
0
ii. Adding two entries titled ``Section 110(a)(2) Infrastructure
Requirements for the 2008 Pb NAAQS'' and ``Section 110(a)(2)
Infrastructure Requirements for the 2010 SO2 NAAQS'' at the
end of the table.
The additions read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Comments
----------------------------------------------------------------------------------------------------------------
Title 6, Part 200, Subpart 200.1. General Provisions, 10/15/11 12/27/16 The word odor is removed
Definitions. from the Subpart
200.1(d) definition of
``air contaminant or
air pollutant.''
Redesignation of non-
attainment areas to
attainment areas
(200.1(av)) does not
relieve a source from
compliance with
previously applicable
requirements as per
letter of Nov. 13, 1981
from H. Hovey, NYSDEC.
Changes in definitions
are acceptable to EPA
unless a previously
approved definition is
necessary for
implementation of an
existing SIP
regulation.
EPA is including the
definition of
``federally
enforceable'' with the
understanding that (1)
the definition applies
to provisions of a
Title V permit that are
correctly identified as
federally enforceable,
and (2) a source
accepts operating
limits and conditions
to lower its potential
to emit to become a
minor source, not to
``avoid'' applicable
requirements.
EPA is approving
incorporation by
reference of those
documents that are not
already federally
enforceable.
EPA approval finalized
at [Insert Federal
Register citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 6, Part 200, Subpart 200.9. General Provisions, 10/15/11 12/27/16 EPA is approving
Referenced reference documents
Material. that are not Federally
enforceable.
EPA approval finalized
at [Insert Federal
Register citation].
----------------------------------------------------------------------------------------------------------------
[[Page 95050]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 6, Part 201, Subpart 201- Permits and 10/15/11 12/27/16 EPA is including the
2.1(b)(21). Registrations, definition of ``Major
Definitions. stationary source or
major source or major
facility'' with the
understanding that the
definition applies only
to provisions of Part
231.
Revisions are approved
except for changes to
the definitions in 201-
2.1(b)(21)(i) and 201-
2.1(b)(21)(v) withdrawn
by NYSDEC as per July
28, 2016 letter to EPA
Region 2.
EPA approval finalized
at [Insert Federal
Register citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 6, Part 231................ New Source Review 10/15/11 12/27/16 Full approval except for
for New and certain revisions to
Modified 231-5.5(b)(3), 231-
Facilities. 6.6(b)(3), 231-10.1(d),
231-12.4(a)(1), 231-
12.7, and 231-13.5
Table 5 withdrawn by
NYSDEC as per July 28,
2016 NYSDEC letter to
EPA Region 2.
The PM2.5 Significant
Monitoring
Concentration (SMC) is
approved as 0 [mu]g/m3
in 231-12.4(a)(1).
EPA approval finalized
at [Insert Federal
Register citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or New York
Action/SIP element nonattainment submittal date EPA approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide........ 04/04/2013....... 12/27/2016, This action addresses
Infrastructure Requirements [Insert Federal the following CAA
for the 2008 ozone NAAQS. Register elements:
citation]. 110(a)(2)(C),
(D)(i)(II) prong 3,
and (J).
Section 110(a)(2) Statewide........ 10/13/11, and 12/27/2016, This action addresses
Infrastructure Requirements supplemented on [Insert Federal the following CAA
for the 2008 Pb NAAQS. 2/24/12. Register elements:
citation]. 110(a)(2)(C),
(D)(i)(II) prong 3,
and (J).
Section 110(a)(2) Statewide........ 10/03/2013....... 12/27/2016, This action addresses
Infrastructure Requirements [Insert Federal the following CAA
for the 2010 SO2 NAAQS. Register elements:
citation]. 110(a)(2)(C),
(D)(i)(II) prong 3,
and (J).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-31018 Filed 12-23-16; 8:45 am]
BILLING CODE 6560-50-P
