Approval and Promulgation of Implementation Plans; New York; Gasoline Dispensing, Stage I, Stage II and Transport Vehicles, 8371-8373 [2023-02674]
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0026]
Safety Zone; Riverwalk Marketplace/
Lundi Gras Fireworks Display, New
Orleans, LA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a temporary safety zone for the
Riverwalk Marketplace/Lundi Gras
fireworks display on February 20, 2023,
to provide for the safety of life on
navigable waterways during this event.
Our regulation for annual fireworks
displays and other events in the Eighth
Coast Guard District requiring safety
zones identifies the regulated area for
this event on the navigable waters of the
Lower Mississippi River between Mile
Marker (MM) 93 and MM 96, New
Orleans, LA. During the enforcement
period, entry into this zone is prohibited
unless authorized by the Captain of the
Port or a designated representative. All
persons and vessels shall comply with
the instructions of the Captain of the
Port or designated representative.
Designated representatives include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
DATES: The regulation in 33 Code of
Federal Regulations, Part 165.801, Table
5, line 1 will be enforced from 6 p.m.
through 7 p.m. on February 20, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast
Guard; telephone 504–365–2246, email
William.A.Stewart@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a temporary safety
zone in 33 CFR 165.801, Table 5, line
1, for the Riverwalk Marketplace/Lundi
Gras fireworks display event from 6
p.m. through 7 p.m. on February 20,
2023. This action is being taken to
provide for the safety of life on
navigable waterways during this event.
Our regulation for annual fireworks
displays and other events in the Eighth
Coast Guard District requiring safety
zones, § 165.801, identifies the regulated
area for the Riverwalk Marketplace/
Lundi Gras fireworks display on the
navigable waters of the Lower
Mississippi River between Mile Marker
(MM) 93 and MM 96, New Orleans, LA.
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SUMMARY:
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During the enforcement period, as
reflected in § 165.801(a)–(c), entry into
this zone is prohibited unless
authorized by the Captain of the Port or
a designated representative. All persons
and vessels shall comply with the
instructions of the Captain of the Port or
designated representative. Designated
representatives include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via Marine Safety Information Bulletin
and Broadcast Notice to Mariners.
Dated: February 3, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2023–02807 Filed 2–8–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2022–0169; FRL–9610–02–
R2]
Approval and Promulgation of
Implementation Plans; New York;
Gasoline Dispensing, Stage I, Stage II
and Transport Vehicles
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) submitted by
the State of New York for ozone
concerning the control of volatile
organic compounds. The SIP revision
consists of amendments to regulations
in New York’s Codes, Rules and
Regulations (NYCRR) applicable to
gasoline dispensing sites and transport
vehicles. This revision includes
regulatory amendments that eliminate
Stage II requirements and strengthen
requirements for Stage I vapor recovery
systems at gasoline dispensing facilities,
and that require that transport vehicles
meet current Federal United States
Department of Transportation (DOT)
requirements. The intended effect of
this action is to approve control
strategies, required by the Clean Air Act,
which will result in emission reductions
that will help attain and maintain
national ambient air quality standards
for ozone and will reduce volatile
organic compounds throughout the
State. This action is being taken
SUMMARY:
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8371
pursuant to the Clean Air Act. The EPA
proposed to approve this rule on
November 1, 2022, and received no
comments.
This final rule is effective on
March 13, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2022–0169. 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:
Ysabel Banon, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3382, or by email at
banon.ysabel@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Contents
I. Background
II. Comments Received in Response to the
EPA’s Proposed Action
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On November 1, 2022 (87 FR 65714),
the EPA published a notice of proposed
rulemaking (NPR) that proposed to
approve a SIP revision submitted by the
State of New York on March 3, 2021.
The submitted SIP revision consists of
amendments to Title 6 of NYCRR, part
230, ‘‘Gasoline Dispensing Sites and
Transport Vehicles.’’ These revisions to
6 NYCRR part 230 eliminate Stage II
vapor recovery system requirements and
require the decommissioning of existing
Stage II vapor recovery systems;
strengthen Stage I vapor recovery
requirements; and require that transport
vehicles meet current Federal United
States DOT requirements. On September
17, 2021, the New York State
Department of Environmental
Conservation (NYSDEC) submitted a
supplemental analysis, ‘‘New York State
Stage II Removal Analysis 2020,’’ to
demonstrate its justification of Stage II
removal.
Stage I Vapor Recovery Systems
Stage I vapor recovery systems are
systems that capture hydrocarbon
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Rules and Regulations
vapors, such as volatile organic
compounds (VOCs), displaced from
storage tanks at gasoline dispensing
facilities (GDFs) during gasoline tank
truck deliveries. When gasoline is
delivered into an aboveground or
underground storage tank, vapors that
were taking up space in the storage tank
are displaced by the gasoline entering
the storage tank. The Stage I vapor
recovery systems route these displaced
vapors into the transport vehicle’s
(delivery truck’s) tank. Some vapors are
vented to the atmosphere when the
storage tank exceeds a specified
pressure threshold, however, the Stage I
vapor recovery systems greatly reduce
the displaced vapors being released into
the atmosphere. Stage I vapor recovery
systems have been in place since the
1970s, and the EPA guidance regarding
use of Stage I systems to control VOC
emissions from this source category
(gasoline service stations) has been in
place since 1975.1
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Stage II Vapor Recovery Systems and
Onboard Refueling Vapor Recovery
Systems
Stage II vapor recovery systems and
onboard refueling vapor recovery
(ORVR) systems are two types of
emission control systems that capture
fuel vapors from vehicle gas tanks
during refueling. Stage II vapor recovery
systems are installed at gasoline
dispensing facilities and capture the
refueling fuel vapors at the gasoline
pump. The Stage II system carries the
captured vapors back to an underground
storage tank at the GDF to prevent the
vapors from escaping to the atmosphere.
ORVR systems are carbon canisters
installed directly on automobiles to
capture the fuel vapors evacuated from
the gasoline tank before they reach the
nozzle. The fuel vapors captured in the
carbon canisters are then combusted in
the engine when the automobile is in
operation. Stage II vapor recovery
programs have become largely
1 See U.S. EPA, ‘‘Design Criteria for Stage I Vapor
Control Systems—Gasoline Service Stations’’ (Nov.
1975, EPA Online Publication EPA–450/R–75–102),
available at https://nepis.epa.gov/Exe/ZyPDF.cgi?
Dockey=20013S56.txt; U.S. EPA, ‘‘Control
Techniques Guidelines for the Oil and Natural Gas
Industry’’ (Nov. 2016 EPA Online Publication EPA–
453/B–16–001), available at https://www.epa.gov/
sites/default/files/2016-10/documents/2016-ctg-oiland-gas.pdf (providing control techniques
guidelines for control of VOC emissions from the
gasoline service station source category); and U.S.
EPA, ‘‘Control of Volatile Organic Compound Leaks
from Gasoline Tank Trunks and Vapor Collection
System’’ (Dec. 1978 EPA Online Publication EPA–
450/2–78–051), available at https://nepis.epa.gov/
Exe/ZyPDF.cgi?Dockey=2000M9RD.txt (providing
guidelines related to the control of VOC leaks from
and test procedures for gasoline tank trunks and
vapor collection systems at terminals, bulk plants
and service stations).
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16:00 Feb 08, 2023
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redundant control systems and Stage II
vapor recovery systems achieve an everdeclining emissions benefit as more
ORVR-equipped vehicles continue to
enter the on-road motor vehicle fleet.2
A detailed discussion of New York’s
SIP revision and EPA’s rationale for
approval of the SIP revision were
provided in the notice of proposed
rulemaking and will not be restated in
this final rule. For this detailed
information, the reader is referred to the
EPA’s November 1, 2022, proposed
rulemaking (87 FR 65714).
Attendant revisions to 6 NYCRR
section 200, ‘‘General Provisions,’’
section 200.9, Table 1, ‘‘Referenced
material’’, related to 6 NYCRR part 230
have been addressed under a separate
rulemaking at 87 FR 52337, effective
September 26, 2022.
II. Comments Received in Response to
the EPA’s Proposed Action
The EPA provided a 30-day review
and comment period for the November
1, 2022, proposed rule. The comment
period ended on December 2, 2022. We
received no comments on the EPA’s
proposed action.
III. Final Action
The EPA is approving New York’s
March 3, 2021, SIP revision that
incorporates revisions to Title 6 NYCRR,
part 230, ‘‘Gasoline Dispensing Sites
and Transport Vehicles,’’ with a State
effective date of February 12, 2021. The
EPA is approving this SIP revision
because it meets all applicable
requirements of the Clean Air Act and
EPA guidance, and it will not interfere
with attainment or maintenance of the
ozone National Ambient Air Quality
Standards. Attendant revisions to 6
NYCRR part 200, ‘‘General Provisions,’’
section 200.9, Table 1, ‘‘Referenced
material,’’ related to 6 NYCRR part 230
have been addressed under a separate
rulemaking at 87 FR 52337, effective
September 26, 2022.
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, the EPA is finalizing the
incorporation by reference of the revised
6 NYCRR part 230, ‘‘Gasoline
Dispensing Sites and Transport
2 In areas where certain types of vacuum-assist
Stage II vapor recovery systems are used, the
differences in operational design characteristics
between ORVR and some configurations of these
Stage II vapor recovery systems actually result in
lower overall control system efficiency than what
could have been achieved individually by either
ORVR or the Stage II vapor recovery system.
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Vehicles,’’ regulation described in 40
CFR part 52 as discussed in section I. of
this preamble. The 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 the EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by the
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 the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.3
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);
• 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 (Public Law 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);
3 62
E:\FR\FM\09FER1.SGM
FR 27968 (May 22, 1997).
09FER1
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Rules and Regulations
• 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 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 it 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).
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and the Comptroller
General of the United States. 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 April 10, 2023.
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 CAA
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
For the reasons set forth in the
preamble, 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.
Subpart HH—New York
2. In § 52.1670, in the table in
paragraph (c), revise the entry for ‘‘Title
6, Part 230’’ to read as follows:
■
§ 52.1670
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State effective
date
State citation
Title/subject
*
Title 6, Part 230 ......
*
*
Gasoline Dispensing Sites and Transport Vehicles.
*
*
*
*
*
*
*
*
EPA approval
date
*
2/12/2021
*
2/9/2023
Comments
*
*
EPA approval finalized at [insert Federal Register citation].
*
*
*
[FR Doc. 2023–02674 Filed 2–8–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Rules and Regulations]
[Pages 8371-8373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02674]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2022-0169; FRL-9610-02-R2]
Approval and Promulgation of Implementation Plans; New York;
Gasoline Dispensing, Stage I, Stage II and Transport Vehicles
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 ozone
concerning the control of volatile organic compounds. The SIP revision
consists of amendments to regulations in New York's Codes, Rules and
Regulations (NYCRR) applicable to gasoline dispensing sites and
transport vehicles. This revision includes regulatory amendments that
eliminate Stage II requirements and strengthen requirements for Stage I
vapor recovery systems at gasoline dispensing facilities, and that
require that transport vehicles meet current Federal United States
Department of Transportation (DOT) requirements. The intended effect of
this action is to approve control strategies, required by the Clean Air
Act, which will result in emission reductions that will help attain and
maintain national ambient air quality standards for ozone and will
reduce volatile organic compounds throughout the State. This action is
being taken pursuant to the Clean Air Act. The EPA proposed to approve
this rule on November 1, 2022, and received no comments.
DATES: This final rule is effective on March 13, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2022-0169. 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: Ysabel Banon, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, New York, New York
10007-1866, at (212) 637-3382, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Comments Received in Response to the EPA's Proposed Action
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On November 1, 2022 (87 FR 65714), the EPA published a notice of
proposed rulemaking (NPR) that proposed to approve a SIP revision
submitted by the State of New York on March 3, 2021. The submitted SIP
revision consists of amendments to Title 6 of NYCRR, part 230,
``Gasoline Dispensing Sites and Transport Vehicles.'' These revisions
to 6 NYCRR part 230 eliminate Stage II vapor recovery system
requirements and require the decommissioning of existing Stage II vapor
recovery systems; strengthen Stage I vapor recovery requirements; and
require that transport vehicles meet current Federal United States DOT
requirements. On September 17, 2021, the New York State Department of
Environmental Conservation (NYSDEC) submitted a supplemental analysis,
``New York State Stage II Removal Analysis 2020,'' to demonstrate its
justification of Stage II removal.
Stage I Vapor Recovery Systems
Stage I vapor recovery systems are systems that capture hydrocarbon
[[Page 8372]]
vapors, such as volatile organic compounds (VOCs), displaced from
storage tanks at gasoline dispensing facilities (GDFs) during gasoline
tank truck deliveries. When gasoline is delivered into an aboveground
or underground storage tank, vapors that were taking up space in the
storage tank are displaced by the gasoline entering the storage tank.
The Stage I vapor recovery systems route these displaced vapors into
the transport vehicle's (delivery truck's) tank. Some vapors are vented
to the atmosphere when the storage tank exceeds a specified pressure
threshold, however, the Stage I vapor recovery systems greatly reduce
the displaced vapors being released into the atmosphere. Stage I vapor
recovery systems have been in place since the 1970s, and the EPA
guidance regarding use of Stage I systems to control VOC emissions from
this source category (gasoline service stations) has been in place
since 1975.\1\
---------------------------------------------------------------------------
\1\ See U.S. EPA, ``Design Criteria for Stage I Vapor Control
Systems--Gasoline Service Stations'' (Nov. 1975, EPA Online
Publication EPA-450/R-75-102), available at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=20013S56.txt; U.S. EPA, ``Control Techniques
Guidelines for the Oil and Natural Gas Industry'' (Nov. 2016 EPA
Online Publication EPA-453/B-16-001), available at https://www.epa.gov/sites/default/files/2016-10/documents/2016-ctg-oil-and-gas.pdf (providing control techniques guidelines for control of VOC
emissions from the gasoline service station source category); and
U.S. EPA, ``Control of Volatile Organic Compound Leaks from Gasoline
Tank Trunks and Vapor Collection System'' (Dec. 1978 EPA Online
Publication EPA-450/2-78-051), available at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000M9RD.txt (providing guidelines related to
the control of VOC leaks from and test procedures for gasoline tank
trunks and vapor collection systems at terminals, bulk plants and
service stations).
---------------------------------------------------------------------------
Stage II Vapor Recovery Systems and Onboard Refueling Vapor Recovery
Systems
Stage II vapor recovery systems and onboard refueling vapor
recovery (ORVR) systems are two types of emission control systems that
capture fuel vapors from vehicle gas tanks during refueling. Stage II
vapor recovery systems are installed at gasoline dispensing facilities
and capture the refueling fuel vapors at the gasoline pump. The Stage
II system carries the captured vapors back to an underground storage
tank at the GDF to prevent the vapors from escaping to the atmosphere.
ORVR systems are carbon canisters installed directly on automobiles to
capture the fuel vapors evacuated from the gasoline tank before they
reach the nozzle. The fuel vapors captured in the carbon canisters are
then combusted in the engine when the automobile is in operation. Stage
II vapor recovery programs have become largely redundant control
systems and Stage II vapor recovery systems achieve an ever-declining
emissions benefit as more ORVR-equipped vehicles continue to enter the
on-road motor vehicle fleet.\2\
---------------------------------------------------------------------------
\2\ In areas where certain types of vacuum-assist Stage II vapor
recovery systems are used, the differences in operational design
characteristics between ORVR and some configurations of these Stage
II vapor recovery systems actually result in lower overall control
system efficiency than what could have been achieved individually by
either ORVR or the Stage II vapor recovery system.
---------------------------------------------------------------------------
A detailed discussion of New York's SIP revision and EPA's
rationale for approval of the SIP revision were provided in the notice
of proposed rulemaking and will not be restated in this final rule. For
this detailed information, the reader is referred to the EPA's November
1, 2022, proposed rulemaking (87 FR 65714).
Attendant revisions to 6 NYCRR section 200, ``General Provisions,''
section 200.9, Table 1, ``Referenced material'', related to 6 NYCRR
part 230 have been addressed under a separate rulemaking at 87 FR
52337, effective September 26, 2022.
II. Comments Received in Response to the EPA's Proposed Action
The EPA provided a 30-day review and comment period for the
November 1, 2022, proposed rule. The comment period ended on December
2, 2022. We received no comments on the EPA's proposed action.
III. Final Action
The EPA is approving New York's March 3, 2021, SIP revision that
incorporates revisions to Title 6 NYCRR, part 230, ``Gasoline
Dispensing Sites and Transport Vehicles,'' with a State effective date
of February 12, 2021. The EPA is approving this SIP revision because it
meets all applicable requirements of the Clean Air Act and EPA
guidance, and it will not interfere with attainment or maintenance of
the ozone National Ambient Air Quality Standards. Attendant revisions
to 6 NYCRR part 200, ``General Provisions,'' section 200.9, Table 1,
``Referenced material,'' related to 6 NYCRR part 230 have been
addressed under a separate rulemaking at 87 FR 52337, effective
September 26, 2022.
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, the EPA is finalizing the incorporation by reference of the
revised 6 NYCRR part 230, ``Gasoline Dispensing Sites and Transport
Vehicles,'' regulation described in 40 CFR part 52 as discussed in
section I. of this preamble. The 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 the EPA
for inclusion in the State Implementation Plan, have been incorporated
by reference by the 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 the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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);
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 (Public Law 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);
[[Page 8373]]
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 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 it 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and the
Comptroller General of the United States. 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 April 10, 2023. 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 CAA section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, 40 CFR part 52 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, in the table in paragraph (c), revise the entry
for ``Title 6, Part 230'' to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 6, Part 230............ Gasoline Dispensing 2/12/2021 2/9/2023 EPA approval
Sites and Transport finalized at
Vehicles. [insert Federal
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-02674 Filed 2-8-23; 8:45 am]
BILLING CODE 6560-50-P
