Approval and Promulgation of Air Quality Implementation Plans; New York; Update to Materials Incorporated by Reference
Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)
Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)
Rules and Regulations
Pages 23167-23175
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2016-08829
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EVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
EPA-R02-2015-NY2; FRL-9935-51-Region 2
Approval and Promulgation of Air Quality Implementation Plans; New York; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the New York State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the New York State Department of Environmental Conservation and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), and the EPA Regional Office.
DATES: This rule is effective April 20, 2016.
ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866; and the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. To view the material at the Region 2 Office, EPA requests that you email the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th floor, New York, NY 10008-1866, telephone number (212) 637-3381, email: wieber.kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
-
Background
The SIP is a living document which a state revises as necessary to address its unique air pollution problems. Therefore, EPA, from time to time, must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between EPA and the Office of the Federal Register (OFR). The description of the revised SIP document, IBR procedures and ``Identification of plan'' format are discussed in further detail in the May 22, 1997 Federal Register document. On July 15, 2011 (76 FR 41705), EPA published a document in the Federal Register beginning the revised IBR procedure for New York.
This Final Rule continues the revised IBR procedure for New York. In this document, EPA is publishing an updated set of tables listing the regulatory (i.e., IBR) materials in the New York SIP taking into account the additions, corrections and revisions to those materials previously submitted by the state agency and approved by EPA. We are removing the EPA Headquarters Library from paragraph (b)(3), as IBR materials are no longer available at this location. In addition, EPA has found errors in certain entries listed in 40 CFR 52.1670(c), as amended in the published IBR update actions listed above, and is correcting them in this document.
Since the July 15, 2011 publication of the new IBR procedure, EPA has approved changes to the following regulations and sections for New York:
-
Added Regulations
1. Additions of the following regulations or sections in Title 6 of the New York Code of Rules and Regulations:
-
Part 240, Conformity to State or Federal Implementation Plans of
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Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws, and
-
Part 241, Asphalt Pavement and Asphalt Based Surface Coating, and
-
Part 249, Best Available Retrofit Technology (BART).
2. Additions of the following regulations or sections in Title 19 of the New York Code of Rules and Regulations:
-
Part 937, Access to Publicly Available Records.
3. Additions of the following regulations or sections in the New York Environmental Conservation Law:
-
Section 19-0325.
4. Additions of the following regulations or sections in the New York Public Officers Law:
-
Section 73-a, Financial disclosure.
-
-
Revised Regulations
1. Revisions to the following regulations or sections in Title 6 of the New York Code of Rules and Regulations:
-
Part 200, General Provisions,
-
Subpart 200.1, and
ii. Subpart 200.9.
-
Part 205, Architectural and Industrial Maintenance (AIM) Coatings.
-
Part 211, General Prohibitions.
-
Part 212, General Process Emission.
-
Part 217, Motor Vehicle Emissions.
-
Subpart 217-1, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements Until December 31, 2010,
ii. Subpart 217-4, Inspection and Maintenance Program Audits Until December 31, 2010, and
iii. Subpart 217-6, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements Beginning January 1, 2011.
-
Part 220, Portland Cement Plants and Glass Plants.
-
Part 227, Stationary Combustion Installations,
-
Subpart 227-2, Reasonably Available Control Technology (RACT) For Major Facilities of Oxides of Nitrogen (NOX).
-
Part 228, Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers.
-
Part 234, Graphic Arts.
2. Revisions to the following regulations in Title 15 of the New York Code of Rules and Regulations:
-
Part 79, Motor Vehicle Inspection Regulations
-
Sections 79.1-79.15, 79.17, 79.20, 79.21, 79.24, 79.25.
-
-
Added State Source Specific Requirements
1. Alcoa Massena Operations (West Plant)--Potline S-00001, Baking furnace S-00002, Package Boilers B-00001, Permit ID 6-4058-00003.
2. Arthur Kill Generating Station, NRG--Boiler 30, Permit ID 2-6403-
00014.
3. Bowline Generating Station, GenOn--Boilers 1 and 2, Permit ID 3-
3922-00003.
4. Con Edison 59th Street Station--Steam Boilers 114 and 115, Permit ID 2-6202-00032.
5. EF Barrett Power Station, NG--Boiler 2, Permit ID 1-2820-00553.
6. International Paper Ticonderoga Mill--Power Boiler and Recovery Furnace, Permit ID 5-1548-00008.
7. Kodak Operations at Eastman Business Park, Kodak--Boilers 41, 42 and 43, Permit ID 8-2614-00205.
8. Lafarge Building Materials--Kilns 1 and 2, Permit ID 4-0124-00001.
9. Lehigh Northeast Cement, Lehigh Cement--Kiln and Clinker cooler, Permit ID 5-5205-00013.
10. Northport Power Station, NG--Boilers 1, 2, 3, and 4, Permit ID 1-
4726-00130.
11. Oswego Harbor Power, NRG--Boilers 5 and 6, Permit ID 7-3512-00030.
12. Owens-Corning Insulating Systems Feura Bush, Owens Corning--EU2, EU3, EU12, EU13, and EU14, Permit ID 4-0122-00004.
13. Ravenswood Generating Station, TC--Boilers 10, 20, 30, Permit ID 2-
6304-00024.
14. Ravenswood Steam Plant, Con Edison--Boiler 2, Permit ID 2-6304-
01378.
15. Roseton Generating Station-Dynegy--Boilers 1 and 2, Permit ID 3-
3346-00075.
16. Samuel A Carlson Generating Station, Jamestown Board of Public Utilities--Boiler 12, Permit ID 9-0608-00053.
17. Syracuse Energy Corporation GDF Suez--Boiler 1, Permit ID 7-3132-
00052.
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EPA Action
In this action, EPA is announcing the update to the IBR material as of August 1, 2015. EPA has determined this rule falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ``good cause,'' authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' Public comment is ``unnecessary'' and ``contrary to the public interest'' since the codification only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect table entries.
-
Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the New York regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).
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Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
Page 23169
is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and
does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
EPA has also determined that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the New York SIP compilations previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this ``Identification of plan'' reorganization update action for the State of New York.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and record keeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 22, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
For the reasons stated in the preamble, the Environmental Protection Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. In Sec. 52.1670, paragraphs (b), (c), and (d) are revised to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to August 1, 2015, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notification of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with an EPA approval date after August 1, 2015, will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 2 certifies that the rules/regulations provided by the EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations, which have been approved as part of the SIP as of August 1, 2015.
(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 2, Air Programs Branch, 290 Broadway, New York, New York 10007; and the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA approved regulations.
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Comments
----------------------------------------------------------------------------------------------------------------
Title 6, Part 200, Subpart General Provisions, 1/1/11 7/12/13 The word odor
200.1. Definitions. is removed from the
Subpart 200.1(d)
definition of ``air
contaminant or air
pollutant.''
Redesignation
of non-attainment
areas to attainment
areas (200.1(av))
does not relieve a
source from
compliance with
previously applicable
requirements as per
letter of Nov. 13,
1981 from H. Hovey,
NYSDEC.
Changes in
definitions are
acceptable to EPA
unless a previously
approved definition
is necessary for
implementation of an
existing SIP
regulation.
Page 23170
EPA is
including the
definition of
``Federally
enforceable'' with
the understanding
that (1) the
definition applies to
provisions of a Title
V permit that are
correctly identified
as Federally
enforceable, and (2)
a source accepts
operating limits and
conditions to lower
its potential to emit
to become a minor
source, not to
``avoid'' applicable
requirements.
EPA approval
finalized at 78 FR
41846.
Title 6, Part 200, Subpart General Provisions, 2/25/00 4/22/08 EPA approval
200.6. Acceptable ambient air finalized at 73 FR
quality. 21548.
Title 6, Part 200, Subpart General Provisions, 2/25/00 4/22/08 EPA approval
200.7. Maintenance of finalized at 73 FR
equipment. 21548.
Title 6, Part 200, Subpart Referenced material.... 1/1/11 7/12/13 EPA is
200.9. approving reference
documents that are
not already Federally
enforceable.
EPA approval
finalized at 78 FR
41846.
Title 6, Part 201.............. Permits and 4/4/93 10/3/05 This action
Registrations. removes subpart
201.5(e) from the
State's Federally
approved SIP.
EPA approval
finalized at 70 FR
57511.
Title 6, Part 201,Subpart 201- Permits and 3/5/09 11/17/10 EPA is
2.1(b)(21). Registrations, including the
Definitions. definition of ``Major
stationary source or
major source or major
facility'' with the
understanding that
the definition
applies only to
provisions of part
231.
EPA approval
finalized at 75 FR
70142.
Title 6, Part 201, Subpart 201- Permits and 7/7/96 10/3/05 EPA approval
7.1. Registrations, finalized at 70 FR
Federally Enforceable 57511.
Emission Caps.
Title 6, Part 201, Subpart 201- Permits and 7/7/96 10/3/05 EPA approval
7.2. Registrations, finalized at 70 FR
Emission Capping Using 57511.
Synthetic Minor
Permits.
Title 6, Part 202.............. Emissions Testing, 3/24/79 11/12/81 EPA approval
Sampling and finalized at 46 FR
Analytical 55690.
Determinations.
Title 6, Part 202, Subpart 202- Emission Statements.... 5/29/05 10/31/07 Section 202-
2. 2.3(c)(9) requires
facilities to report
individual HAPs that
may not be classified
as criteria
pollutants or
precursors to assist
the State in air
quality planning
needs. EPA will not
take SIP-related
enforcement action on
these pollutants.
EPA approval
finalized at 72 FR
61530.
Title 6, Part 204.............. NOX Budget Trading 2/25/00 5/22/01 Incorporates
Program. NOX SIP Call and NOX
Budget Trading
Program for 2003 and
thereafter.
EPA approval
finalized at 66 FR
28063.
Title 6, Part 205.............. Architectural and 1/1/11 3/8/12 EPA approval
Industrial Maintenance finalized at 77 FR
(AIM) Coatings. 13974.
Title 6, Part 207.............. Control Measures for an 2/22/79 11/12/81 EPA approval
Air Pollution Episode. finalized at 46 FR
55690.
Title 6, Part 211.............. General Prohibitions... 1/1/11 3/8/12 Section 211.1
(previously numbered
211.2) is not part of
the approved plan.
(see 11/27/98, 63 FR
65559).
EPA approval
finalized at 77 FR
13974.
Title 6, Part 212.............. General Process 9/30/10 7/12/13 SIP revisions
Emission Sources. submitted in
accordance with Sec.
212.10(c)(3) and
212.12(c) are
effective only if
approved by EPA.
EPA approval
finalized at 78 FR
41846.
Title 6, Part 213.............. Contaminant Emissions 5/1/72 9/22/72 EPA approval
from Ferrous Jobbing finalized at 37 FR
Foundries. 19814.
Title 6, Part 214.............. By-Product Coke Oven 9/22/94 7/20/06 EPA approval
Batteries. finalized at 71 FR
41163.
Page 23171
Title 6, Part 215.............. Open Fires............. 6/16/72 9/22/72 EPA approval
finalized at 37 FR
19814.
Title 6, Part 216.............. Iron and/or Steel 9/22/94 7/20/06 EPA approval
Processes. finalized at 71 FR
41163.
Title 6, Part 217, Subpart 217- Motor Vehicle 12/5/10 2/28/12 EPA approval
1. Emissions, Motor finalized at 77 FR
Vehicle Enhanced 11742.
Inspection and
Maintenance Program
Requirements Until
December 31, 2010.
Title 6, Part 217, Subpart 217- Motor Vehicle 12/5/10 2/28/12 EPA approval
4. Emissions, Inspection finalized at 77 FR
and Maintenance 11742.
Program Audits Until
December 31, 2010.
Title 6, Part 217, Subpart 217- Motor Vehicle 12/5/10 2/28/12 EPA approval
6. Emissions, Motor finalized at 77 FR
Vehicle Enhanced 11742.
Inspection and
Maintenance Program
Requirements Beginning
January 1, 2011.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
1. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Applicability and duty vehicles.
Definitions. EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
2. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Certification and duty vehicles.
Prohibitions.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
3. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Fleet Average. duty vehicles.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 5/28/92 1/6/95 EPA's
4. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Zero Emissions Vehicle duty vehicles.
Sales Mandate.
EPA approval
finalized at 60 FR
2025.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
5. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Testing. duty vehicles.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
6. Motor Vehicles and approval of part 218
Motor Surveillance. only applies to light-
duty vehicles.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
7. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Aftermarket Parts. duty vehicles.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 218, Subpart 218- Emission Standards for 12/28/00 1/31/05 EPA's
8. Motor Vehicles and approval of part 218
Motor Vehicle Engines, only applies to light-
Severability. duty vehicles.
EPA approval
finalized at 70 FR
4773.
Title 6, Part 219.............. Incinerators........... 5/1/72 9/22/72 EPA approval
finalized at 37 FR
19814.
Title 6, Part 220.............. Portland Cement Plants 7/11/10 7/12/13 SIP revisions
and Glass Plants. submitted in
accordance with Sec.
220-1.6(b)(4) and
220-2.3(a)(4) are
effective only if
approved by EPA.
EPA approval
finalized at 78 FR
41846.
Title 6, Part 222.............. Incinerators--New York 6/17/72 9/22/72 EPA approval
City, Nassau and finalized at 37 FR
Westchester Counties. 19814.
Title 6, Part 223.............. Petroleum Refineries... 8/9/84 7/19/85 EPA approval
finalized at 50 FR
29382.
Title 6, Part 224.............. Sulfuric and Nitric 5/10/84 7/19/85 Variances
Acid Plants. adopted by the State
pursuant to Part
224.6(b) become
applicable only if
approved by EPA as
SIP revisions.
EPA approval
finalized at 50 FR
29382.
Title 6, Part 225, Subpart 225- Fuel Composition and 3/24/79 11/12/81 Variances
1. Use-Sulfur Limitations. adopted by the State
pursuant to Sec.
Sec. 225.2(b) and
(c), 225.3, and
225.5(c) become
applicable only if
approved by EPA or
SIP revisions (40 CFR
52.1675(e)).
EPA approval
finalized at 46 FR
55690.
Title 6, Part 225, Subpart 225- Fuel Composition and 7/28/83 8/2/84 EPA approval
2. Use-Waste Fuel. finalized at 49 FR
30936.
Page 23172
Title 6, Part 225, Subpart 225- Fuel Composition and 11/4/01 9/8/05 The Variance
3. Use-Gasoline. adopted by the State
pursuant to section
225-3.5 becomes
applicable only if
approved by EPA as a
SIP revision.
EPA approval
finalized at 70 FR
53304.
Title 6, Part 226.............. Solvent Metal Cleaning 5/7/03 1/23/04 EPA approval
Processes. finalized at 69 FR
3237.
Title 6, Part 227, Subpart Stationary Combustion 5/1/72 9/22/72 1972 version.
227.2(b)(1). Installations. EPA approval
finalized at 37 FR
19814.
Title 6, Part 227,Subpart 227-1 Stationary Combustion 2/25/00 5/22/01 Existing Part
Installations. 227 is renumbered
Subpart 227-1.
Renumbered
sections 227-
1.2(a)(2), 227-
1.4(a), and 227-
1.4(d) continue to be
disapproved according
and 52.1680(a). (New
York repealed
existing Part
227.5.).
EPA approval
finalized at 66 FR
28063.
Title 6, Part 227,Subpart 227-2 Stationary Combustion 7/8/10 7/12/13 SIP revisions
Installations, submitted in
Reasonably Available accordance with Sec.
Control Technology 227-2.3(c) are
(RACT) For Major effective only if
Facilities of Oxides approved by EPA.
of Nitrogen (NOX). EPA approval
finalized at 78 FR
41846.
Title 6, Part 227,Subpart 227-3 Stationary Combustion 3/5/99 5/22/01 Approval of
Installations, Pre- NOX Budget Trading
2003 Nitrogen Oxides Program for 1999,
Emissions Budget and 2000, 2001 and 2002.
Allowance Program. NOX caps in the State
during 2003 and
thereafter
established in Part
204.
EPA approval
finalized at 66 FR
28063.
Title 6, Part 228.............. Surface Coating 6/5/13 3/4/14 EPA approval
Processes, Commercial finalized at 79 FR
and Industrial 12082.
Adhesives, Sealants
and Primers.
Title 6, Part 229.............. Petroleum and Volatile 4/4/93 12/23/97 SIP revisions
Organic Liquid Storage submitted in
and Transfer. accordance with
Section 229.3(g)(1)
are effective only if
approved by EPA.
EPA approval
finalized at 62 FR
67006.
Title 6, Part 230.............. Gasoline Dispensing 9/22/94 4/30/98 EPA approval
Sites and Transport finalized at 63 FR
Vehicles. 23668.
Title 6, Part 231.............. New Source Review for 3/5/09 11/17/10 Partial
New and Modified approval; no action
Facilities. taken on provisions
that may require PSD
permits for sources
of greenhouse gas
(GHG) emissions with
emissions below the
thresholds identified
in EPA's final PSD
and Title V GHG
Tailoring Rule at 75
FR 31514, 31606 (June
3, 2010).
EPA approval
finalized at 75 FR
70140.
Title 6, Part 232.............. Dry Cleaning........... 8/11/83 6/17/85 EPA has not
determined that Sec.
232.3(a) provides
for reasonably
available control
technology.
EPA approval
finalized at 50 FR
25079.
Title 6, Part 233.............. Pharmaceutical and 4/4/93 12/23/97 SIP revisions
Cosmetic Manufacturing submitted in
Processes. accordance with
Section 223.3(h)(1)
are effective only if
approved by EPA.
EPA approval
finalized at 62 FR
67006.
Title 6, Part 234.............. Graphic Arts........... 7/8/10 3/8/12 SIP revisions
submitted in
accordance with Sec.
234.3(f) are
effective only if
approved by EPA.
EPA approval
finalized at 77 FR
13974.
Title 6, Part 235.............. Consumer Products...... 10/15/09 5/28/10 EPA approval
finalized at 75 FR
29897.
Page 23173
Title 6, Part 236.............. Synthetic Organic 1/12/92 7/27/93 Variances
Chemical Manufacturing adopted by the State
Facility Component pursuant to Part
Leaks. 236.6(e)(3) become
applicable only if
approved by EPA as a
SIP revision.
EPA approval
finalized at 58 FR
40059.
Title 6, Part 239.............. Portable Fuel Container 7/30/09 5/28/10 The specific
Spillage Control. application of
provisions associated
with alternate test
methods, variances
and innovative
products, must be
submitted to EPA as
SIP revisions.
EPA approval
finalized at 75 FR
29897.
Title 6, Part 240, Subpart 240- Transportation 9/13/13 7/29/14 EPA approval
1. Conformity, finalized at 79 FR
Transportation 43945.
Conformity General
Provisions.
Title 6, Part 240, Subpart 240- Transportation 9/13/13 7/29/14 EPA approval
2. Conformity, finalized at 79 FR
Consultation. 43945.
Title 6, Part 240, Subpart 240- Transportation 9/13/13 7/29/14 EPA approval
3. Conformity, Regional finalized at 79 FR
Transportation-Related 43945.
Emissions and
Enforceability.
Title 6, Part 241.............. Asphalt Pavement and 1/1/11 3/8/12 EPA approval
Asphalt Based Surface finalized at 77 FR
Coating. 13974.
Title 6, Part 243.............. CAIR NOX Ozone Season 10/19/07 1/24/08 EPA approval
Trading Program. finalized at 73 FR
4112.
Title 6, Part 244.............. CAIR NOX Annual Trading 10/19/07 1/24/08 EPA approval
Program. finalized at 73 FR
4112.
Title 6, Part 245.............. CAIR SO2Trading Program 10/19/07 1/24/08 EPA approval
finalized at 73 FR
4112.
Title 6, Part 249.............. Best Available Retrofit 5/6/10 8/28/12 EPA approval
Technology (BART). finalized at 77 FR
51915.
Title 15, Part 79, Subparts Motor Vehicle 12/29/10 2/28/12 EPA approval
79.1-79.15, 79.17, 79.20, Inspection Regulations. finalized at 77 FR
79.21, 79.24, 79.25. 11742.
Title 19, Part 937............. Access To Publicly 8/27/12 6/20/13 Only subpart
Available Records. 937.1(a) is approved
into the SIP and is
for the limited
purpose of satisfying
Clean Air Act Section
128(a)(2).
EPA approval
finalized at 78 FR
37124.
Section 19-0325................ Environmental 7/15/10 8/28/12 EPA approval
Conservation Law, finalized at 77 FR
Sulfur reduction 51915.
requirements.
Section 73-a................... Public Officers Law, 8/15/11 6/20/13 Only
Financial disclosure. subsections 73-
a(2)(a)(i) and (ii)
are approved into the
SIP and are for the
limited purpose of
satisfying Clean Air
Act Section
128(a)(2).
EPA approval
finalized at 78 FR
37124.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved State source-specific requirements.
EPA-Approved New York Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval
Name of source Identifier No. effective date date Comments
----------------------------------------------------------------------------------------------------------------
Dunlop Tire and Rubber Consent Order 81- 8/19/81 1/26/84 Part 212 VOC
Corporation. 36, 9-0420. RACT Compliance Plan.
Green tire
spraying, bead dipping,
and under tread and
tread end cementing
processes.
EPA approval
finalized at 49 FR
3436.
Dunlop Tire and Rubber Consent Order 81- 1/29/82 1/26/84 Part 212 VOC
Corporation. 36, 9-0420, RACT Compliance Plan.
Amendment Letter 1. Green tire
spraying, bead dipping,
and under tread and
tread end cementing
processes.
EPA approval
finalized at 49 FR
3436.
Dunlop Tire and Rubber Consent Order 81- 3/3/82 1/26/84 Part 212 VOC
Corporation. 36, 9-0420, RACT Compliance Plan.
Amendment Letter 2. Green tire
spraying, bead dipping,
and under tread and
tread end cementing
processes.
EPA approval
finalized at 49 FR
3436.
Page 23174
Morton International Inc......... A563203003500027C.. 9/1/95 9/23/97 Part 227-2, NOX
RACT determination.
Emission point
00027.
EPA approval
finalized at 62 FR
49617.
Morton International Inc......... A563203003500027C, 8/23/95 9/23/97 Part 227-2, NOX
Special Conditions. RACT determination.
Emission point
00027.
EPA approval
finalized at 62 FR
49617.
University of Rochester.......... 8-2614-00548/00006- 4/25/96 9/23/97 Part 227-2, NOX
0. RACT determination.
Emission points
00003 and 0005.
EPA approval
finalized at 62 FR
49617.
University of Rochester.......... 8-2614-00548/00006- 3/19/96 9/23/97 Part 227-2, NOX
0, Special RACT determination.
Conditions. Emission points
00003 and 0005.
EPA approval
finalized at 62 FR
49617.
Algonquin Gas Transmission 3-3928-1/9-0....... 9/23/91 9/23/97 Part 227-2, NOX
Company. RACT determination.
Emission Points
R0100, R0200, R0300,
and R0400.
Permit and
Special Conditions.
EPA approval
finalized at 62 FR
49617.
Algonquin Gas Transmission 3-3928, Special 3/18/96 9/23/97 Part 227-2, NOX
Company. Conditions. RACT determination.
Emission Points
R0100, R0200, R0300.
EPA approval
finalized at 62 FR
49617.
Algonquin Gas Transmission 3-3928-00001/00013. 3/29/96 9/23/97 Part 227-2, NOX
Company. RACT determination.
Emission Point
R0400.
EPA approval
finalized at 62 FR
49617.
Algonquin Gas Transmission 3-39228-00001/ 8/8/96 9/23/97 Permit
Company. 00010,11,12,13. Correction.
Part 227-2, NOX
RACT determination.
Emission Points
R0100, R0200, R0300,
and R0400.
EPA approval
finalized at 62 FR
49617.
Tenneco Gas Corporation's (also 144000............. 8/22/95 7/21/03 Part 227-2, NOX
known as Tenneco Gas Pipeline RACT determination.
Company and Tennessee Gas Compressor
Pipeline Company). Station 229.
Emission Points
0001A through 0006A.
EPA approval
finalized at 68 FR
42981.
Tenneco Gas Corporation's (also 215600, Special 2/24/97 7/21/03 Part 227-2, NOX
known as Tenneco Gas Pipeline Conditions. RACT determination.
Company and Tennessee Gas Compressor
Pipeline Company). Station 245.
Emission Points
00001 through 00006.
EPA approval
finalized at 68 FR
42981.
Tenneco Gas Corporation's (also 102600............. 10/4/95 7/21/03 Part 227-2, NOX
known as Tenneco Gas Pipeline RACT determination.
Company and Tennessee Gas Compressor
Pipeline Company). Station 254.
Emission Points
00001 through 00006.
EPA approval
finalized at 68 FR
42981.
Tenneco Gas Corporation's (also 102600,Special 9/15/95 7/21/03 Part 227-2, NOX
known as Tenneco Gas Pipeline Conditions. RACT determination.
Company and Tennessee Gas Compressor
Pipeline Company). Station 254.
Emission Points
00001 through 00006.
EPA approval
finalized at 68 FR
42981.
General Chemical Corporation..... 7-3132-00009/00012. 12/16/97 7/1/04 Part 212, NOX
RACT determination. 6/
23/05 letter informing
NYSDEC that the
approval will
automatically convert
to a disapproval.
Emission Points
0SN1A and 0SN1B.
EPA approval
finalized at 69 FR
39858.
ALCOA Massena Operations (West 6-4058-00003....... 3/20/12 8/28/12 Part 249 BART.
Plant). Emission Points
Potline S-00001, Baking
furnace S-00002,
Package Boilers B-
00001.
EPA approval
finalized at 77 FR
51915.
Arthur Kill Generating Station, 2-6403-00014....... 3/20/12 8/28/12 Part 249 BART.
NRG. Boiler 30.
EPA approval
finalized at 77 FR
51915.
Bowline Generating Station, GenOn 3-3922-00003....... 6/28/12 8/28/12 Part 249 BART.
Boilers 1 and
2.
EPA approval
finalized at 77 FR
51915.
Con Edison 59th Street Station... 2-6202-00032....... 3/20/12 8/28/12 Part 249 BART.
Steam Boilers
114 and 115.
EPA approval
finalized at 77 FR
51915.
Page 23175
EF Barrett Power Station, NG..... 1-2820-00553....... 3/27/12 8/28/12 Part 249 BART.
Boiler 2.
EPA approval
finalized at 77 FR
51915.
International Paper Ticonderoga 5-1548-00008....... 3/19/12 8/28/12 Part 249 BART.
Mill. Power Boiler
and Recovery Furnace.
EPA approval
finalized at 77 FR
51915.
Kodak Operations at Eastman 8-2614-00205....... 5/25/12 8/28/12 Part 249 BART.
Business Park, Kodak. Boilers 41, 42
and 43.
EPA approval
finalized at 77 FR
51915.
Lafarge Building Materials....... 4-0124-00001....... 7/19/11 8/28/12 Condition 12-
14.
Kilns 1 and 2.
EPA approval
finalized at 77 FR
51915.
Lehigh Northeast Cement, Lehigh 5-5205-00013....... 7/5/12 8/28/12 Part 220 and
Cement. Part 249 BART.
Kiln and
Clinker cooler.
EPA approval
finalized at 77 FR
51915.
Northport Power Station, NG...... 1-4726-00130....... 3/27/12 8/28/12 Part 249 BART.
Boilers 1, 2,
3, and 4.
EPA approval
finalized at 77 FR
51915.
Oswego Harbor Power, NRG......... 7-3512-00030....... 5/16/12 8/28/12 Part 249 BART.
Boilers 5 and
6.
EPA approval
finalized at 77 FR
51915.
Owens-Corning Insulating Systems 4-0122-00004....... 5/18/12 8/28/12 Part 249 BART.
Feura Bush, Owens Corning. EU2, EU3, EU12,
EU13, and EU14.
EPA approval
finalized at 77 FR
51915.
Ravenswood Generating Station, TC 2-6304-00024....... 4/6/12 8/28/12 Part 249 BART.
Boilers 10, 20,
30.
EPA approval
finalized at 77 FR
51915.
Ravenswood Steam Plant, Con 2-6304-01378....... 3/20/12 8/28/12, Part 249 BART.
Edison. Boiler 2.
EPA approval
finalized at 77 FR
51915.
Roseton Generating Station-Dynegy 3-3346-00075....... 11/02/11 8/28/12 Excluding the
SO2 BART emissions
limits for Boilers 1
and 2 and corresponding
monitoring,
recordkeeping, and
reporting requirements,
which EPA disapproved.
Boilers 1 and
2.
EPA approval
finalized at 77 FR
51915.
Samuel A Carlson Generating 9-0608-00053....... 2/8/12 8/28/12 Part 249 BART.
Station, James town Board of Boiler 12.
Public Utilities. EPA approval
finalized at 77 FR
51915.
Syracuse Energy Corporation GDF 7-3132-00052....... 5/24/12 8/28/12 Part 249 BART.
Suez. Boiler 1.
EPA approval
finalized at 77 FR
51915.
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FR Doc. 2016-08829 Filed 4-19-16; 8:45 am
BILLING CODE 6560-50-P
