Approval and Promulgation of Implementation Plans; New York; Oil and Natural Gas Control Measures, 52337-52338 [2022-18323]
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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, Revision No. 01.2.
§ 165.T07–0794
■
[Removed]
2. Remove § 165.T07–0794.
Dated: August 16, 2022.
K.A. Broyles,
Commander, U.S. Coast Guard, Captain of
the Port Savannah, GA.
Table of Contents
I. Background
II. Evaluation of Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
[FR Doc. 2022–18290 Filed 8–24–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2022–0450; FRL–9927–02–
R2]
Approval and Promulgation of
Implementation Plans; New York; Oil
and Natural Gas Control Measures
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the state of New York. The
revision provides the State’s control
measures for facilities within its borders
subject to EPA’s 2016 Control
Techniques Guideline (CTG) for the oil
and natural gas industry. The intended
effect of this action is to approve this
item into the New York SIP and satisfy
the requirement for the CTG. This action
is being taken in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
September 26, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2022–0450. 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
khammond on DSKJM1Z7X2PROD with RULES
DATES:
VerDate Sep<11>2014
16:00 Aug 24, 2022
Jkt 256001
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Omar Hammad, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3347, or by email at
Hammad.Omar@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
52337
response to the comment. The specific
comment may be viewed under Docket
ID Number EPA–R02–OAR–2022–0450
on the https://www.regulations.gov
website.
III. Final Action
EPA is approving New York’s Part
200, ‘‘General Provisions,’’ section 200.9
amendment to Table 1 to add regulation
203–7.1(a) with a CFR citation of ‘‘40
CFR part 60, appendix A–7 (July 1,
2017).’’ EPA is also approving Part 203,
‘‘Oil and Natural Gas Sector’’ control
measure, with a State effective date of
March 18, 2022, because it satisfies the
2016 Oil and Natural Gas Industry CTG.
IV. Incorporation by Reference
I. Background
On March 21, 2022, New York
submitted for approval a SIP revision to
incorporate the adoption of Title 6 of
the New York Codes, Rules, and
Regulations (NYCRR) Part 200, ‘‘General
Provisions,’’ and Part 203, ‘‘Oil and
Natural Gas Sector,’’ as adopted on
January 18, 2022. Part 200, section
200.9, amends Table 1 to add regulation
203–7.1(a) with a Code of Federal
Regulations (CFR) citation of ‘‘40 CFR
part 60, appendix A–7 (July 1, 2017).’’
Part 203 sets monitoring, operational,
and reporting requirements for the oil
and natural gas sector statewide. The
adoption of Part 203 is meant to satisfy
the requirements to implement EPA’s
2016 Oil and Natural Gas CTG within
the 2008 and 2015 ozone nonattainment
areas and statewide OTR requirements.
On June 15, 2022 (87 FR 36096, June
15, 2022), the EPA published a Notice
of Proposed Rulemaking in which the
EPA proposed to approve New York’s
Part 200, ‘‘General Provisions,’’ section
200.9 amendment to Table 1 to add
regulation 203–7.1(a) with a CFR
citation of ‘‘40 CFR part 60, appendix
A–7 (July 1, 2017).’’ EPA also proposed
to approve Part 203, ‘‘Oil and Natural
Gas Sector’’ control measure because it
satisfies the 2016 Oil and Natural Gas
Industry CTG.
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, as discussed in section I of this
preamble, the EPA is finalizing the
incorporation by reference of Title 6 of
the NYCRR Part 203, ‘‘Oil and Natural
Gas Sector’’ of the New York
Administrative Code that implements
New York’s RACT regulations for the oil
and gas CTG, including attendant
revisions to 6 NYCRR Part 200, ‘‘General
Provisions,’’ section 200.9, Table 1,
‘‘Referenced material.’’
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and/or 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 SIP, 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.1
II. Evaluation of Comments
In response to the EPA’s June 15,
2022, proposed rulemaking on New
York’s SIP revision submittal, the EPA
received one comment during the 30day public comment period. After
reviewing the comment, EPA has
determined that the comment is outside
the scope of our proposed action or fails
to identify any material issue
necessitating a response. The comment
does not raise issues germane to the
EPA’s proposed action. For this reason,
the EPA will not provide a specific
Under the 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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
V. Statutory and Executive Order
Reviews
1 See
E:\FR\FM\25AUR1.SGM
62 FR 27968 (May 22, 1997).
25AUR1
52338
Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Rules and Regulations
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) and 13563 (76 FR 382,
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);
• 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).
In addition, this final rulemaking
action, pertaining to New York’s oil and
gas sector control measures submission,
is not approved to apply on any Indian
reservation land or in any other area
where the 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
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 amend the table in
paragraph (c) by revising the entry
‘‘Title 6, Part 200, Subpart 200.9’’ and
adding an entry for ‘‘Title 6, Part 203’’
after the entry for ‘‘Title 6, Part 202,
Subpart 202–2’’, to read as follows:
■
§ 52.1670
*
Identification of plan.
*
*
*
*
(c) EPA approved regulations.
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State citation
State
effective
date
Title/subject
*
Title 6, Part 200, Subpart
200.9.
*
*
General Provisions, Referenced material.
*
Title 6, Part 203 ...............
*
*
Oil and Natural Gas Sector.
*
*
*
3/18/22
8/25/22
*
3/18/2022
*
[FR Doc. 2022–18323 Filed 8–24–22; 8:45 am]
EPA approval
date
8/25/22
*
khammond on DSKJM1Z7X2PROD with RULES
*
Defense Acquisition Regulations
System
SUMMARY:
Defense Federal Acquisition
Regulation Supplement; Technical
Amendment
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
PO 00000
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Fmt 4700
Sfmt 4700
*
Final rule; technical
amendment.
ACTION:
[Docket DARS–2022–0001]
Jkt 256001
*
*
*
• EPA approval finalized at [INSERT FR CITATION].
DEPARTMENT OF DEFENSE
48 CFR Part 207
16:00 Aug 24, 2022
*
*
*
• EPA is approving referenced materials that previously were not Federally enforceable.
• EPA approval finalized at [INSERT FR CITATION].
*
BILLING CODE 6560–50–P
VerDate Sep<11>2014
Comments
DoD is making a needed
technical amendment to update the
Defense Federal Acquisition Regulation
Supplement (DFARS).
DATES: Effective August 25, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
telephone 703–717–8226.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS to add section
207.108 to provide a notice to
contracting officers to see DFARS
E:\FR\FM\25AUR1.SGM
25AUR1
]]>Agencies
[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Rules and Regulations]
[Pages 52337-52338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18323]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2022-0450; FRL-9927-02-R2]
Approval and Promulgation of Implementation Plans; New York; Oil
and Natural Gas Control Measures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the state of New York.
The revision provides the State's control measures for facilities
within its borders subject to EPA's 2016 Control Techniques Guideline
(CTG) for the oil and natural gas industry. The intended effect of this
action is to approve this item into the New York SIP and satisfy the
requirement for the CTG. This action is being taken in accordance with
the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on September 26, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2022-0450. 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, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347,
or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
Table of Contents
I. Background
II. Evaluation of Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On March 21, 2022, New York submitted for approval a SIP revision
to incorporate the adoption of Title 6 of the New York Codes, Rules,
and Regulations (NYCRR) Part 200, ``General Provisions,'' and Part 203,
``Oil and Natural Gas Sector,'' as adopted on January 18, 2022. Part
200, section 200.9, amends Table 1 to add regulation 203-7.1(a) with a
Code of Federal Regulations (CFR) citation of ``40 CFR part 60,
appendix A-7 (July 1, 2017).'' Part 203 sets monitoring, operational,
and reporting requirements for the oil and natural gas sector
statewide. The adoption of Part 203 is meant to satisfy the
requirements to implement EPA's 2016 Oil and Natural Gas CTG within the
2008 and 2015 ozone nonattainment areas and statewide OTR requirements.
On June 15, 2022 (87 FR 36096, June 15, 2022), the EPA published a
Notice of Proposed Rulemaking in which the EPA proposed to approve New
York's Part 200, ``General Provisions,'' section 200.9 amendment to
Table 1 to add regulation 203-7.1(a) with a CFR citation of ``40 CFR
part 60, appendix A-7 (July 1, 2017).'' EPA also proposed to approve
Part 203, ``Oil and Natural Gas Sector'' control measure because it
satisfies the 2016 Oil and Natural Gas Industry CTG.
II. Evaluation of Comments
In response to the EPA's June 15, 2022, proposed rulemaking on New
York's SIP revision submittal, the EPA received one comment during the
30-day public comment period. After reviewing the comment, EPA has
determined that the comment is outside the scope of our proposed action
or fails to identify any material issue necessitating a response. The
comment does not raise issues germane to the EPA's proposed action. For
this reason, the EPA will not provide a specific response to the
comment. The specific comment may be viewed under Docket ID Number EPA-
R02-OAR-2022-0450 on the https://www.regulations.gov website.
III. Final Action
EPA is approving New York's Part 200, ``General Provisions,''
section 200.9 amendment to Table 1 to add regulation 203-7.1(a) with a
CFR citation of ``40 CFR part 60, appendix A-7 (July 1, 2017).'' EPA is
also approving Part 203, ``Oil and Natural Gas Sector'' control
measure, with a State effective date of March 18, 2022, because it
satisfies the 2016 Oil and Natural Gas Industry CTG.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, as discussed in section I of this preamble, the EPA is
finalizing the incorporation by reference of Title 6 of the NYCRR Part
203, ``Oil and Natural Gas Sector'' of the New York Administrative Code
that implements New York's RACT regulations for the oil and gas CTG,
including attendant revisions to 6 NYCRR Part 200, ``General
Provisions,'' section 200.9, Table 1, ``Referenced material.''
The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and/or 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 SIP, 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.\1\
---------------------------------------------------------------------------
\1\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the 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
[[Page 52338]]
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) and 13563 (76 FR 382, 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);
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).
In addition, this final rulemaking action, pertaining to New York's
oil and gas sector control measures submission, is not approved to
apply on any Indian reservation land or in any other area where the 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
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 amend the table in paragraph (c) by revising the
entry ``Title 6, Part 200, Subpart 200.9'' and adding an entry for
``Title 6, Part 203'' after the entry for ``Title 6, Part 202, Subpart
202-2'', to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval Comments
date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 6, Part 200, Subpart 200.9 General Provisions, 3/18/22 8/25/22 EPA is
Referenced approving referenced
material. materials that
previously were not
Federally enforceable.
EPA approval
finalized at [INSERT FR
CITATION].
* * * * * * *
Title 6, Part 203............... Oil and Natural Gas 3/18/2022 8/25/22 EPA approval
Sector. finalized at [INSERT FR
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-18323 Filed 8-24-22; 8:45 am]
BILLING CODE 6560-50-P
