Approval and Promulgation of Implementation Plans; New York; Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standards in the New York Metropolitan Area Moderate Nonattainment Area, 28490-28493 [2020-08860]
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Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Rules and Regulations
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit entry within 500
yards of a tug and barge used to work,
inspect, and survey underwater
infrastructure in the Straits of Mackinac.
It is categorically excluded from further
review under paragraph L[60(a)] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
§ 165.T09–0242 Safety Zone; Tug Kimberly
Anne and Barge Big Digger operating in the
Straits of Mackinac, MI.
(a) Location. The following areas are
safety zones: All navigable waters
within 500 yards of Tug Kimberly Anne
and Barge Big Digger while conducting
work, inspection, and surveying of
underwater infrastructure in the Straits
of Mackinac.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sault Sainte Marie (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within the
safety zone described in paragraph (a) is
prohibited unless authorized by the
Captain of the Port, Sault Sainte Marie
or his designated representative.
(2) Before a vessel operator may enter
or operate within the safety zones, they
must obtain permission from the
Captain of the Port, Sault Sainte Marie,
or his designated representative via VHF
Channel 16 or telephone at (906) 635–
3233. Vessel operators given permission
to enter or operate in the safety zone
must comply with all orders given to
them by the Captain of the Port, Sault
Sainte Marie or his designated
representative.
(d) Enforcement period. This section
will be enforced from May 4, 2020 to
October 30, 2020.
Dated: May 1, 2020.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2020–09652 Filed 5–12–20; 8:45 am]
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
40 CFR Part 52
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
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■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0242 to read as
follows:
■
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Approval and Promulgation of
Implementation Plans; New York;
Reasonably Available Control
Technology for the 2008 8-Hour Ozone
National Ambient Air Quality
Standards in the New York
Metropolitan Area Moderate
Nonattainment Area
Environmental Protection
Agency (EPA).
AGENCY:
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Final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) submitted by
the State of New York for purposes of
implementing Reasonably Available
Control Technology (RACT) in the New
York portion of the New York-Northern
New Jersey-Long Island NY–NJ–CT
nonattainment area (New York
Metropolitan Area or NYMA) for the
2008 8-hour ozone National Ambient
Air Quality Standard (NAAQS) as it
relates to major sources emitting oxides
of nitrogen (NOX), control technique
guidelines (CTG) for sources of volatile
organic compounds (VOCs), and nonCTG for major sources of VOCs. In
addition, the EPA is approving portions
of the SIP revision submitted by New
York to address the 2008 ozone NAAQS
that certify that the State has satisfied
the requirements for an enhanced
vehicle Inspection and Maintenance
Program, an emissions statement
program, and a nonattainment new
source review program. The EPA is also
approving New York’s RACT plan as it
applies to the CTG for industrial
cleaning solvents and to solvent metal
cleaning processes. This action is being
taken in accordance with the
requirements of the Clean Air Act.
DATES: This final rule is effective on
June 12, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2018–0684. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
[EPA–R02–OAR–2018–0684; FRL–10007–
95–Region 2]
PO 00000
ACTION:
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Omar Hammad, Environmental
Protection Agency, Region 2 Office, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3347, or by email at
Hammad.Omar@epa.gov.
SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
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IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
On February 13, 2020 (85 FR 8233),
the EPA published a Notice of Proposed
Rulemaking that proposed to approve a
State Implementation Plan (SIP)
revision submitted by the State of New
York on November 13, 2017 for
purposes of implementing Reasonably
Available Control Technology (RACT) 1
for the 2008 8-hour ozone National
Ambient Air Quality Standard (NAAQS
or standard) for the New York portion
of the NYMA classified as moderate
nonattainment. The State’s November
2017 SIP submittal consists of a
demonstration that New York meets the
RACT requirements for the two
precursors for ground-level ozone, i.e.,
oxides of nitrogen (NOX) and volatile
organic compounds (VOCs), set forth by
the Clean Air Act (CAA or Act) with
respect to the 2008 8-hour ozone
standard. The EPA proposed to approve
New York’s November 2017 RACT SIP
submittal as it applies to non-control
technique guideline (non-CTG) major
sources of VOCs, CTG sources of VOCs
and to major sources of NOX.
The EPA also proposed to approve the
following New York certifications that
were submitted as part of SIP revisions
to address the moderate area 2008 8hour NAAQS. The certifications, that
are applicable state-wide and therefore
to the New York portion of NYMA, are:
(1) That nonattainment new source
review (NNSR) applies to NOX and VOC
emissions from stationary sources; (2)
that the State has satisfied the
requirements for an enhanced vehicle
Inspection and Maintenance Program;
and (3) that the State has satisfied the
requirements for an emissions statement
program.
New York certified that there are no
sources located in the State for the
following six CTGs: Manufacture of
Vegetable Oils; Manufacture of HighDensity Polyethylene, Polypropylene
and Polystyrene Resins; Natural Gas/
Gasoline Processing Plants; Air
Oxidation Processes in Synthetic
Organic Chemical Manufacturing
Industry; Fiberglass Boat Manufacturing
Materials; Agricultural Pesticides. The
EPA did not propose any action on this
certification since we previously
approved the State’s negative
declaration for these six CTGs. 82 FR
58342 (December 12, 2017); 40 CFR
52.1683 (a) and (b).
The EPA proposed to approve New
York’s RACT plan as it applies to the
CTG for industrial cleaning solvents. On
December 12, 2017 (82 FR 58342), the
EPA published a conditional approval
of New York’s state-wide RACT
submittal, dated December 22, 2014, as
supplemented on September 6, 2017, for
purposes of satisfying the 2008 8-hour
ozone standard RACT requirement as it
applies to CTG requirements for VOC
sources for industrial cleaning solvents.
In its letter dated September 6, 2017,
New York committed to adopt, by
November 30, 2018, a revised Part 226
of Title 6 of the New York Codes, Rules
and Regulations (6 NYCRR), entitled,
‘‘Solvent Metal Cleaning Processes,’’
which addresses the CTG for industrial
cleaning solvents. In the conditional
approval, EPA stated that if New York
failed to meet its commitment within
the one-year time period specified by
CAA section 110(k)(4), the conditional
approval will, by operation of law,
become a disapproval. New York’s
response to the conditional approval
was submitted to the EPA on November
5, 2019, approximately 11 months later
than the State’s commitment included
in its September 6, 2017, letter to the
EPA, so the conditional approval
converted to a disapproval. The EPA
then proposed to approve New York’s
state-wide RACT submittal dated
December 22, 2014, as supplemented on
September 6, 2017, and November 5,
2019, for purposes of satisfying the 2008
8-hour ozone standard RACT
requirement, as it applies to CTG
requirements for VOC sources for
industrial cleaning solvents.
The EPA also proposed to approve
New York’s RACT plan as it applies to
solvent cleaning processes. The EPA
approved New York’s RACT plan for
solvent metal cleaning processes under
the 1-hour ozone standard and proposed
to approve New York’s revised and
more stringent requirements as the
RACT plan for solvent metal cleaning
processes for the 2008 8-hour ozone
standard.
The specific details of New York’s SIP
submittals and the rationale for the
EPA’s approval action are explained in
the EPA’s proposed rulemaking and are
not restated in this final action. For this
detailed information, the reader is
referred to the EPA’s February 13, 2020,
proposed rulemaking (85 FR 8233).
1 The EPA has defined RACT as the lowest
emission limitation that a particular source is
capable of meeting by the application of control
technology that is reasonably available considering
technological and economic feasibility (44 FR
53762, September 17, 1979).
II. What comments were received in
response to the EPA’s proposed action?
EPA did not receive any comments on
the February 13, 2020, proposed
approval of New York’s RACT for the
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28491
2008 8-hour ozone National Ambient
Air Quality Standards in the New York
Metropolitan Moderate nonattainment
area.
III. What action is the EPA taking?
The EPA is approving New York’s
state-wide RACT submittal dated
December 22, 2014, as supplemented on
September 6, 2017, and November 5,
2019, for purposes of satisfying the 2008
8-hour ozone standard RACT
requirement for the New York portion of
the NYMA, as it applies to CTG
requirements for sources of VOC,
including industrial cleaning solvents.
The EPA is approving the revisions to
6 NYCRR Part 226, ‘‘Solvent Cleaning
Processes and Industrial Cleaning
Solvents,’’ with a State effective date of
November 1, 2019.
The EPA is approving New York’s
November 13, 2017, SIP submittal as it
applies to non-CTG major sources of
VOCs, all CTG sources of VOCs, other
than the 2016 oil and natural gas CTG,
and to major sources of NOX.
The EPA is also approving New
York’s state-wide certifications
applicable to the New York portion of
NYMA moderate nonattainment area
for: (1) Nonattainment new source
review; (2) vehicle I/M program; and (3)
emission statements.
IV. Incorporation by Reference
In this document, 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 6 NYCRR Part 226,
‘‘Solvent Cleaning Processes and
Industrial Cleaning Solvents,’’
regulation described in the amendments
to 40 CFR part 52 set forth below. EPA
has made, and will continue to make,
these materials generally available
through www.regulations.gov and at the
EPA Region 2 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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 in the next
update to the SIP compilation.2
2 62
FR 27968 (May 22, 1997).
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V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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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, 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).
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 July 13, 2020.
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,
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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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 19, 2020.
Peter Lopez,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. In § 52.1670:
a. In the table in paragraph (c), revise
the entry ‘‘Title 6, Part 226’’.
■ b. In the table in paragraph (e), add
the entries ‘‘2008 8-hour Ozone RACT
Analysis and Certification’’, ‘‘2008 8hour Ozone Specific Nonattainment
New Source Review Requirements
Certification’’, ‘‘2008 8-hour Ozone
Nonattainment Emission Statement
Program Certification’’, and ‘‘2008 8hour Ozone Nonattainment Motor
Vehicle Enhanced Inspection and
Maintenance (I/M) Program
Certification’’ in alphabetical order at
the end of the table.
The revision and additions read as
follows:
■
■
§ 52.1670
*
Identification of plan.
*
*
(c) * * *
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*
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Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Rules and Regulations
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State effective
date
State citation
Title/subject
*
*
Title 6, Part 226 ..............................
*
*
Solvent Cleaning Processes and
Industrial Cleaning Solvents.
*
*
*
*
*
*
*
*
EPA approval
date
*
11/1/2019
*
Comments
*
*
*
*
5/13/2020
*
(e) * * *
EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISION
New York submittal date
EPA approval
date
Explanation
*
*
*
2008 8-hour Ozone RACT
Statewide and to the New
Analysis and Certification.
York portion of the New
York-Northern New JerseyLong Island NY-NJ-CT 8hour ozone nonattainment
area.
*
11/13/2017 as
supplemented on
11/05/2019.
*
5/13/2020, [insert Federal
Register citation].
2008 8-hour Ozone Specific
Nonattainment New Source
Review Requirements Certification.
11/13/2017 .....
5/13/2020, [insert Federal
Register citation].
*
*
• Full approval.
• Addresses the 12/22/2014 conditional approval as it applies to CTG for VOC major
sources.
• Certifies New York has met the RACT requirements as it applies to non-CTG major
sources of VOCs, all CTG sources of
VOCs, other than the 2016 oil and natural
gas CTG, and to major sources of NOX for
the Moderate 2008 8-hour Ozone New
York portion of the New York-Northern
New Jersey-Long Island NY-NJ-CT 8-hour
ozone nonattainment area.
• Full approval.
11/13/2017 .....
5/13/2020, [insert Federal
Register citation].
• Full approval.
11/13/2017 .....
5/13/2020, [insert Federal
Register citation].
• Full approval.
Action/SIP element
2008 8-hour Ozone Nonattainment Emission Statement
Program Certification.
2008 8-hour Ozone Nonattainment Motor Vehicle Enhanced Inspection and
Maintenance (I/M) Program
Certification.
Applicable geographic or
nonattainment area
New York portion of the New
York-Northern New JerseyLong Island NY-NJ-CT 8hour ozone nonattainment
area.
New York portion of the New
York-Northern New JerseyLong Island NY-NJ-CT 8hour ozone nonattainment
area.
New York portion of the New
York-Northern New JerseyLong Island NY-NJ-CT 8hour ozone nonattainment
area.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R06–OAR–2018–0208; FRL–10009–
05–Region 6]
Air Plan Approval; Oklahoma; Updates
to the General SIP and New Source
Review Permitting Requirements;
Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
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The Environmental Protection
Agency (EPA) is correcting a final rule
that was published in the Federal
Register on April 10, 2020 which will
be effective on May 11, 2020. The final
rule approved revisions to the state
implementation plan for Oklahoma
(Oklahoma SIP) concerning the
incorporation by reference of federal
requirements, updates to the general SIP
provisions, and updates to the New
Source Review (NSR) permit programs
to address public notice and modeling
requirements, including certain
statutory provisions. This correction
does not change any final action taken
by the EPA on April 10, 2020; today’s
action merely provides further
clarification on the rulemaking citations
for the Oklahoma SIP.
SUMMARY:
[FR Doc. 2020–08860 Filed 5–12–20; 8:45 am]
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DATES:
This rule is effective on May 11,
2020.
The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2018–0208. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, EPA Region 6 Office, Air
Permits Section, 214–665–2115,
ADDRESSES:
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]]>Agencies
[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Rules and Regulations]
[Pages 28490-28493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08860]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2018-0684; FRL-10007-95-Region 2]
Approval and Promulgation of Implementation Plans; New York;
Reasonably Available Control Technology for the 2008 8-Hour Ozone
National Ambient Air Quality Standards in the New York Metropolitan
Area Moderate Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) submitted by the State of New York for
purposes of implementing Reasonably Available Control Technology (RACT)
in the New York portion of the New York-Northern New Jersey-Long Island
NY-NJ-CT nonattainment area (New York Metropolitan Area or NYMA) for
the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) as
it relates to major sources emitting oxides of nitrogen
(NOX), control technique guidelines (CTG) for sources of
volatile organic compounds (VOCs), and non-CTG for major sources of
VOCs. In addition, the EPA is approving portions of the SIP revision
submitted by New York to address the 2008 ozone NAAQS that certify that
the State has satisfied the requirements for an enhanced vehicle
Inspection and Maintenance Program, an emissions statement program, and
a nonattainment new source review program. The EPA is also approving
New York's RACT plan as it applies to the CTG for industrial cleaning
solvents and to solvent metal cleaning processes. This action is being
taken in accordance with the requirements of the Clean Air Act.
DATES: This final rule is effective on June 12, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2018-0684. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Omar Hammad, Environmental Protection
Agency, Region 2 Office, 290 Broadway, New York, New York 10007-1866,
at (212) 637-3347, or by email at [email protected].
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
[[Page 28491]]
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On February 13, 2020 (85 FR 8233), the EPA published a Notice of
Proposed Rulemaking that proposed to approve a State Implementation
Plan (SIP) revision submitted by the State of New York on November 13,
2017 for purposes of implementing Reasonably Available Control
Technology (RACT) \1\ for the 2008 8-hour ozone National Ambient Air
Quality Standard (NAAQS or standard) for the New York portion of the
NYMA classified as moderate nonattainment. The State's November 2017
SIP submittal consists of a demonstration that New York meets the RACT
requirements for the two precursors for ground-level ozone, i.e.,
oxides of nitrogen (NOX) and volatile organic compounds
(VOCs), set forth by the Clean Air Act (CAA or Act) with respect to the
2008 8-hour ozone standard. The EPA proposed to approve New York's
November 2017 RACT SIP submittal as it applies to non-control technique
guideline (non-CTG) major sources of VOCs, CTG sources of VOCs and to
major sources of NOX.
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\1\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
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The EPA also proposed to approve the following New York
certifications that were submitted as part of SIP revisions to address
the moderate area 2008 8-hour NAAQS. The certifications, that are
applicable state-wide and therefore to the New York portion of NYMA,
are: (1) That nonattainment new source review (NNSR) applies to
NOX and VOC emissions from stationary sources; (2) that the
State has satisfied the requirements for an enhanced vehicle Inspection
and Maintenance Program; and (3) that the State has satisfied the
requirements for an emissions statement program.
New York certified that there are no sources located in the State
for the following six CTGs: Manufacture of Vegetable Oils; Manufacture
of High-Density Polyethylene, Polypropylene and Polystyrene Resins;
Natural Gas/Gasoline Processing Plants; Air Oxidation Processes in
Synthetic Organic Chemical Manufacturing Industry; Fiberglass Boat
Manufacturing Materials; Agricultural Pesticides. The EPA did not
propose any action on this certification since we previously approved
the State's negative declaration for these six CTGs. 82 FR 58342
(December 12, 2017); 40 CFR 52.1683 (a) and (b).
The EPA proposed to approve New York's RACT plan as it applies to
the CTG for industrial cleaning solvents. On December 12, 2017 (82 FR
58342), the EPA published a conditional approval of New York's state-
wide RACT submittal, dated December 22, 2014, as supplemented on
September 6, 2017, for purposes of satisfying the 2008 8-hour ozone
standard RACT requirement as it applies to CTG requirements for VOC
sources for industrial cleaning solvents. In its letter dated September
6, 2017, New York committed to adopt, by November 30, 2018, a revised
Part 226 of Title 6 of the New York Codes, Rules and Regulations (6
NYCRR), entitled, ``Solvent Metal Cleaning Processes,'' which addresses
the CTG for industrial cleaning solvents. In the conditional approval,
EPA stated that if New York failed to meet its commitment within the
one-year time period specified by CAA section 110(k)(4), the
conditional approval will, by operation of law, become a disapproval.
New York's response to the conditional approval was submitted to the
EPA on November 5, 2019, approximately 11 months later than the State's
commitment included in its September 6, 2017, letter to the EPA, so the
conditional approval converted to a disapproval. The EPA then proposed
to approve New York's state-wide RACT submittal dated December 22,
2014, as supplemented on September 6, 2017, and November 5, 2019, for
purposes of satisfying the 2008 8-hour ozone standard RACT requirement,
as it applies to CTG requirements for VOC sources for industrial
cleaning solvents.
The EPA also proposed to approve New York's RACT plan as it applies
to solvent cleaning processes. The EPA approved New York's RACT plan
for solvent metal cleaning processes under the 1-hour ozone standard
and proposed to approve New York's revised and more stringent
requirements as the RACT plan for solvent metal cleaning processes for
the 2008 8-hour ozone standard.
The specific details of New York's SIP submittals and the rationale
for the EPA's approval action are explained in the EPA's proposed
rulemaking and are not restated in this final action. For this detailed
information, the reader is referred to the EPA's February 13, 2020,
proposed rulemaking (85 FR 8233).
II. What comments were received in response to the EPA's proposed
action?
EPA did not receive any comments on the February 13, 2020, proposed
approval of New York's RACT for the 2008 8-hour ozone National Ambient
Air Quality Standards in the New York Metropolitan Moderate
nonattainment area.
III. What action is the EPA taking?
The EPA is approving New York's state-wide RACT submittal dated
December 22, 2014, as supplemented on September 6, 2017, and November
5, 2019, for purposes of satisfying the 2008 8-hour ozone standard RACT
requirement for the New York portion of the NYMA, as it applies to CTG
requirements for sources of VOC, including industrial cleaning
solvents. The EPA is approving the revisions to 6 NYCRR Part 226,
``Solvent Cleaning Processes and Industrial Cleaning Solvents,'' with a
State effective date of November 1, 2019.
The EPA is approving New York's November 13, 2017, SIP submittal as
it applies to non-CTG major sources of VOCs, all CTG sources of VOCs,
other than the 2016 oil and natural gas CTG, and to major sources of
NOX.
The EPA is also approving New York's state-wide certifications
applicable to the New York portion of NYMA moderate nonattainment area
for: (1) Nonattainment new source review; (2) vehicle I/M program; and
(3) emission statements.
IV. Incorporation by Reference
In this document, 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 6 NYCRR
Part 226, ``Solvent Cleaning Processes and Industrial Cleaning
Solvents,'' regulation described in the amendments to 40 CFR part 52
set forth below. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 2 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). 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 in
the next update to the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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[[Page 28492]]
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, 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).
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 July 13, 2020. 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 19, 2020.
Peter Lopez,
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. In the table in paragraph (c), revise the entry ``Title 6, Part
226''.
0
b. In the table in paragraph (e), add the entries ``2008 8-hour Ozone
RACT Analysis and Certification'', ``2008 8-hour Ozone Specific
Nonattainment New Source Review Requirements Certification'', ``2008 8-
hour Ozone Nonattainment Emission Statement Program Certification'',
and ``2008 8-hour Ozone Nonattainment Motor Vehicle Enhanced Inspection
and Maintenance (I/M) Program Certification'' in alphabetical order at
the end of the table.
The revision and additions read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
[[Page 28493]]
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 6, Part 226................. Solvent Cleaning 11/1/2019 5/13/2020
Processes and
Industrial Cleaning
Solvents.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved New York Nonregulatory and Quasi-Regulatory Provision
----------------------------------------------------------------------------------------------------------------
Applicable
Action/SIP element geographic or New York submittal EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 8-hour Ozone RACT Analysis Statewide and to 11/13/2017 as 5/13/2020, [insert Full
and Certification. the New York supplemented on Federal Register approval.
portion of the 11/05/2019. citation]. Addresses
New York-Northern the 12/22/2014
New Jersey-Long conditional
Island NY-NJ-CT 8- approval as it
hour ozone applies to CTG
nonattainment for VOC major
area. sources.
Certifies
New York has met
the RACT
requirements as
it applies to non-
CTG major sources
of VOCs, all CTG
sources of VOCs,
other than the
2016 oil and
natural gas CTG,
and to major
sources of NOX
for the Moderate
2008 8-hour Ozone
New York portion
of the New York-
Northern New
Jersey-Long
Island NY-NJ-CT 8-
hour ozone
nonattainment
area.
2008 8-hour Ozone Specific New York portion 11/13/2017........ 5/13/2020, [insert Full
Nonattainment New Source Review of the New York- Federal Register approval.
Requirements Certification. Northern New citation].
Jersey-Long
Island NY-NJ-CT 8-
hour ozone
nonattainment
area.
2008 8-hour Ozone Nonattainment New York portion 11/13/2017........ 5/13/2020, [insert Full
Emission Statement Program of the New York- Federal Register approval.
Certification. Northern New citation].
Jersey-Long
Island NY-NJ-CT 8-
hour ozone
nonattainment
area.
2008 8-hour Ozone Nonattainment New York portion 11/13/2017........ 5/13/2020, [insert Full
Motor Vehicle Enhanced of the New York- Federal Register approval.
Inspection and Maintenance (I/ Northern New citation].
M) Program Certification. Jersey-Long
Island NY-NJ-CT 8-
hour ozone
nonattainment
area.
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[FR Doc. 2020-08860 Filed 5-12-20; 8:45 am]
BILLING CODE 6560-50-P
