Approvals and Promulgations of Implementation Plans:
Federal Register Volume 76, Number 136 (Friday, July 15, 2011)
Rules and Regulations
Pages 41705-41712
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
FR Doc No: 2011-17782
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52
EPA-R02-2011-NY1, FRL-9430-3
Approval and Promulgation of Implementation Plans; New York;
Revised Format of Materials Being Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Administrative change.
SUMMARY: The Environmental Protection Agency (EPA) is revising the format of materials submitted by the State of New York that have been incorporated by reference (IBR) into its State Implementation Plan
(SIP). The regulations and other materials affected by this format change have all been previously submitted by New York and approved by
EPA as SIP revisions.
This format revision will primarily affect the ``Identification of plan'' section of regulation, as well as the format of the SIP materials that will be available for public inspection at the National
Archives and Records Administration (NARA), the Air and Radiation
Docket and Information Center located at EPA Headquarters in
Washington, DC, and the EPA Region 2 Office. EPA is also adding a table in the ``Identification of plan'' section, which summarizes the approval actions that EPA has taken on the regulatory and non- regulatory portions of the New York SIP. The sections of regulation pertaining to provisions promulgated by EPA, and state-submitted materials not subject to IBR review, remain unchanged.
DATES: Effective Date: This final rule is effective on July 15, 2011.
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 II Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866; the Air and
Radiation Docket and Information Center, EPA Headquarters Library,
Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution
Ave., NW., Washington, DC 20460, and the National Archives and Records
Administration. If you wish to obtain materials from a docket in the
EPA Headquarters Library, please call the Office of Air and Radiation
(OAR) Docket/Telephone number: (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
-
Background
-
Description of a SIP
-
How EPA Enforces SIPs
-
How the State and EPA Update the SIP
-
How EPA Compiles the SIP
-
How EPA Organizes the SIP Compilation
-
Where You Can Find a Copy of the SIP Compilation
-
The Format of the New Identification of Plan Section
-
When a SIP Revision Becomes Part of the SIP and Federally
Enforceable
-
-
The Historical Record of SIP Revision Approvals
-
What is EPA doing in this action?
-
Statutory and Executive Order Reviews
Page 41706
-
Background
-
Description of a SIP
In accordance with Section 110 of the Clean Air Act (Act), 42
U.S.C. 7410, each state has a SIP containing the control measures and strategies to attain and maintain the National Ambient Air Quality
Standards (NAAQS) established pursuant to Section 109 of the Act, 42
U.S.C. 7409. SIPs contain numerous elements such as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms.
-
How EPA Enforces SIPs
Before formally adopting rules that contain required control measures and strategies as part of a SIP, each state must provide the public with an opportunity to comment on them. The states then submit these rules to EPA as requested SIP revisions, on which EPA must formally act.
If and when these control measures and strategies are approved by
EPA after notice and comment rulemaking, they become enforceable by
EPA, and are incorporated into the federally approved SIP and identified in title 40 of the Code of Federal Regulations, part 52
(Approval and Promulgation of Implementation Plans) (40 CFR part 52).
The actual state regulations approved by EPA are not reproduced in their entirety in 40 CFR part 52, but are ``incorporated by reference,'' which has the same effect as including the entire state regulation in part 52. Incorporation by reference indicates that EPA has approved a given state regulation with a specific effective date, and that EPA, in addition to the state, may enforce that regulation once it takes effect and is formally a part of the SIP. This format allows both EPA and the public to know which state measures are contained in a given SIP and are therefore federally enforceable. It also helps identify the specific requirements that the state is implementing to attain and maintain the NAAQS.
-
How the State and EPA Update the SIP
The SIP is periodically revised as necessary to address the specific or unique air pollution problems in the state. Therefore, EPA from time to time takes action on state SIP submissions containing new and/or revised regulations and other materials; if approved, they become 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).
As a result, EPA began the process of developing the following: (1)
A revised SIP document for each state that would be incorporated by reference under the provisions of title 1 CFR part 51; (2) a revised mechanism for announcing EPA approval of revisions to an applicable SIP and updating both the IBR document and the CFR; and (3) a revised format of the ``Identification of plan'' sections for each applicable subpart to reflect these revised IBR procedures. 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.
-
How EPA Compiles the SIP
The federally approved regulations, source-specific requirements, and nonregulatory provisions (entirely or portions of) submitted by each state agency and approved by EPA have been organized into a ``SIP compilation.'' The compilation is contained in three-ring binders and will be updated, primarily on an annual basis. The New York SIP compilation is available at the Environmental Protection Agency, Region 2 Office: 290 Broadway, New York, New York 10007; (212) 637-4249.
-
How EPA Organizes the SIP Compilation
Each SIP compilation contains three parts approved by EPA: part one contains regulations, part two contains source-specific requirements, and part three contains nonregulatory provisions. Each state's SIP compilation contains a table of identifying information for each of these three parts. In this action, EPA is publishing the tables summarizing the applicable SIP requirements for New York. The effective dates in the tables indicate the date of the most recent state revision of each regulation. The EPA Region 2 Office has the primary responsibility for updating the compilation and ensuring its accuracy.
-
Where You Can Find a Copy of the SIP Compilation
EPA's Region 2 Office developed and will maintain the compilation for New York. A copy of the full text of New York's regulatory and source-specific compilations will also be maintained at NARA and EPA's
Air Docket and Information Center.
-
The Format of the New Identification of Plan Section
In order to better serve the public, EPA revised the organization of the ``Identification of plan'' section and included additional information to clarify which provisions are the enforceable elements of the SIP. The revised Identification of plan section contains five subsections: (a) Purpose and scope, (b) Incorporation by reference, (c)
EPA-approved regulations, (d) EPA-approved source-specific requirements, and (e) EPA-approved nonregulatory provisions such as transportation control measures, statutes, control strategies, and monitoring networks.
-
When a State Submission Becomes Part of the SIP and Federally
Enforceable
All revisions to the applicable SIP become federally enforceable as of the effective date of the revisions to paragraphs (c), (d), or (e) of the applicable Identification of plan section found in each subpart of 40 CFR part 52.
-
-
The Historical Record of SIP Revision Approvals
To facilitate enforcement of previously approved SIP provisions and provide a smooth transition to the new SIP compilation, EPA has retained the original Identification of plan section, previously appearing in the CFR as the first or second section of part 52 for each state subpart. After an initial two-year period, EPA will review its experience with the new table format and will decide whether or not to retain the historical Identification of plan appendices for some further period.
-
What is EPA doing in this action?
Today's rule constitutes a reformatting exercise to ensure that all revisions to the state programs and accompanying SIP that have already occurred are accurately reflected in 40 CFR part 52. State SIP revisions are subject to the EPA regulations at 40 CFR part 51. When
EPA receives a formal SIP revision request, the Agency must publish its proposed rulemaking in the Federal Register and provide for public comment before approval.
EPA has determined that today's 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.
Today's rule simply reorganizes and codifies provisions that are already in effect as a matter of law in Federal and approved state programs. Accordingly, we find that public
Page 41707
comment is ``unnecessary'' and ``contrary to the public interest'' under section 553 of the APA, since the reorganization and codification of the revised format for denoting IBR of the state materials into the
SIP only reflects existing law and since immediate notice in the CFR benefits the public by removing outdated citations from the CFR.
-
Statutory and Executive Order Reviews
-
General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a significant regulatory action and is therefore not subject to review by the Office of Management and Budget. This rule is not subject to Executive Order 13211, Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the agency has made a good cause finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the
Federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This rule does not involve technical standards; thus the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule also does not involve special consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of the rule in accordance with the Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings issued under the executive order.
This rule does not impose an information collection burden under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's compliance with these statutes and Executive Orders for the underlying rules are discussed in previous actions taken on the State's rules.
-
Submission to Congress and the Comptroller General
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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Today's action simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of July 15, 2011. EPA will submit a report containing this rule 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. This rule is not a major rule as defined by 5 U.S.C. 804(2).
-
Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act 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 compilation had 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 these ``Identification of plan'' reorganization actions for New York.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 1, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED] 0 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart HH--New York
Sec. 52.1670 [Redesignated as Sec. 52.1689] 0 2. Section 52.1670 is redesignated as Sec. 52.1689. 0 3. In newly designated Sec. 52.1689 the section heading and paragraph
(a) are revised to read as follows:
Sec. 52.1689 Original Identification of plan section.
(a) This section identifies the original ``Air Implementation Plan for the State of New York'' and all revisions submitted by New York that were Federally approved prior to January 1, 2011.
* * * * * 0 4. A new Sec. 52.1670 is added to read as follows:
Sec. 52.1670 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for New York under section 110 of the Clean
Air Act, as amended, 42 U.S.C. 7401 et seq., and 40 CFR part 51 to meet
National Ambient Air Quality Standards.
(b) Incorporation by reference.
(1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to January 1, 2011, was approved for incorporation by reference by the Director of the Federal
Page 41708
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 notice 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 January 1, 2011, 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
January 1, 2011.
(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; the EPA, Air and Radiation Docket and Information Center, EPA Headquarters Library,
Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution
Ave., NW., Washington, DC 20460, and the National Archives and Records
Administration. If you wish to obtain materials from a docket in the
EPA Headquarters Library, please call the Office of Air and Radiation
(OAR) Docket/Telephone number: (202) 566-1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
EPA-Approved New York State Regulations
State
New York State regulation
effective
Latest EPA approval
Comments date
date
Title 6:
Part 200, General Provisions,
3/5/09 11/17/10, 75 FR 70140 The word odor is removed from the
Section 200.1.
Subpart 200.1(d) definition of ``air contaminant or air pollutant.''
........... ...................... Redesignation of non-attainment areas to attainment areas (200.1(av)) does not relieve a source from compliance with previously applicable requirements as per letter of Nov. 13, 1981 from H. Hovey, NYSDEC.
........... ...................... Changes in definitions are acceptable to EPA unless a previously approved definition is necessary for implementation of an existing SIP regulation.
........... ...................... EPA is including the definition of
``Federally enforceable'' with the understanding that (1) the definition applies to provisions of a Title V permit that are correctly identified as Federally enforceable, and (2) a source accepts operating limits and conditions to lower its potential to emit to become a minor source, not to ``avoid'' applicable requirements.
Section 200.9, Table 1 (Part 231
3/5/09 11/17/10, 75 FR 70140 EPA is approving reference documents references).
that are not already Federally enforceable.
Sections 200.6, 200.7 and 200.9.
2/25/00 4/22/08, 73 FR 21548
EPA is approving reference documents that are not already Federally enforceable.
Part 201, Permits and
4/4/93 10/3/05, 70 FR 57511
This action removes subpart 201.5(e)
Certificates.
from the State's Federally approved
SIP.
Subpart 201-2.1(b)(21),
3/5/09 11/17/10, 75 FR 70140 EPA is including the definition of
Definitions.
``Major stationary source or major source or major facility'' with the understanding that the definition applies only to provisions of part 231.
Subpart 201-7.1, General........
7/7/96 10/3/05, 70 FR 57511
.....................................
Subpart 201-7.2, Emission
7/7/96 10/3/05, 70 FR 57511
.....................................
Capping Using Synthetic Minor
Permits.
Part 202, Emissions Testing,
3/24/79 11/12/81, 46 FR 55690 .....................................
Sampling and Analytical
Determinations.
Subpart 202-2, Emission
5/29/05 10/31/07, 72 FR 61530 Section 202-2.3(c)(9) requires
Statements.
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.
Part 204, NOX Budget Trading
2/25/00 5/22/01, 66 FR 28063
Incorporates NOXSIP Call and NOX
Program.
Budget Trading Program for 2003 and thereafter.
Part 205, Architectural and
11/22/03 12/13/04, 69 FR 72118 .....................................
Industrial Maintenance Coatings.
Part 207, Control Measures for
2/22/79 11/12/81, 46 FR 55690 ..................................... an Air Pollution Episode.
Part 211, General Prohibitions..
8/11/83 11/27/98, 63 FR 65559 Section 211.2 has been removed from the approved plan.
Part 212, General Process
9/22/94 9/25/01, 66 FR 48961
.....................................
Emission Sources.
Part 213, Contaminant Emissions
5/1/72 9/22/72, 37 FR 19814
..................................... from Ferrous Jobbing Foundries.
Part 214, By-Product Coke Oven
9/22/94 7/20/06, 71 FR 41163
.....................................
Batteries.
Part 215, Open Fires............
6/16/72 9/22/72, 37 FR 19814
.....................................
Part 216, Iron and/or Steel
9/22/94 7/20/06, 71 FR 41163
.....................................
Processes.
Page 41709
Part 217, Motor Vehicle
Emissions.
Subpart 217-1, Motor Vehicle
10/30/02 2/21/07, 72 FR 7829
.....................................
Enhanced Inspection and
Maintenance Program
Requirements.
Subpart 217-4, Inspection and
10/30/02 2/21/07, 72 FR 7829
.....................................
Maintenance Program Audits.
Part 218, Emission Standards for ........... ...................... EPA's approval of part 218 only
Motor Vehicles and Motor
applies to light-duty vehicles.
Vehicle Engines.
Subpart 218-1: Applicability and
12/28/00 1/31/05, 70 FR 4773
.....................................
Definitions.
Subpart 218-2: Certification and
12/28/00 1/31/05, 70 FR 4773
.....................................
Prohibitions.
Subpart 218-3: Fleet Average....
12/28/00 1/31/05, 70 FR 4773
.....................................
Subpart 218-4: Zero Emissions
5/28/92 1/6/95, 60 FR 2025
.....................................
Vehicle Sales Mandate.
Subpart 218-5: Testing..........
12/28/00 1/31/05, 70 FR 4773
.....................................
Subpart 218-6: Surveillance.....
12/28/00 1/31/05, 70 FR 4773
.....................................
Subpart 218-7: Aftermarket Parts
12/28/00 1/31/05, 70 FR 4773
.....................................
Subpart 218-8: Severability.....
12/28/00 1/31/05, 70 FR 4773
.....................................
Part 219, Incinerators..........
5/1/72 9/22/72, 37 FR 19814
.....................................
Part 220, Portland Cement Plants
3/14/73 11/12/81, 46 FR 55690 .....................................
Part 222, Incinerators--New York
6/17/72 9/22/72, 37 FR 19814
.....................................
City, Nassau and Westchester
Counties.
Part 223, Petroleum Refineries..
8/9/84 7/19/85, 50 FR 29382
.....................................
Part 224, Sulfuric and Nitric
5/10/84 7/19/85, 50 FR 29382
Variances adopted by the State
Acid Plants.
pursuant to Part 224.6(b) become applicable only if approved by EPA as SIP revisions 7/19/85, 50 FR 29382.
Subpart 225-1, Fuel Composition
3/24/79 11/12/81, 46 FR 55690 Variances adopted by the State and Use-Sulfur Limitations.
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)).
Subpart 225-2, Fuel Composition
7/28/83 8/2/84, 49 FR 30936
..................................... and Use-Waste Fuel.
Part 225-3, Fuel Composition and
11/4/01 9/8/05, 70 FR 53304
The Variance adopted by the State
Use--Gasoline.
pursuant to section 225-3.5 becomes applicable only if approved by EPA as a SIP revision.
Part 226, Solvent Metal Cleaning
5/7/03 1/23/04, 69 FR 3240
.....................................
Processes.
Part 227, Stationary Combustion
5/1/72 9/22/72, 37 FR 19814
.....................................
Installations [1972 version]/ section 227.2(b)(1).
Part 227, Stationary Combustion ........... ...................... Existing Part 227 is renumbered
Installations.
Subpart 227-1.
Subpart 227-1, Stationary
2/25/00 5/22/01, 66 FR 28063
Renumbered sections 227-1.2(a)(2),
Combustion Installations.
227-1.4(a), and 227-1.4(d) continue to be disapproved according to 40
CFR 52.1678(d) and 52.1680(a). (New
York repealed existing Part 227.5.)
Subpart 227-2, Reasonably
2/11/04 1/13/05, 70 FR 2358
.....................................
Available Control Technology
(RACT) for Oxides of Nitrogen
(NOX).
Subpart 227-3, Pre-2003 Nitrogen
3/5/99 5/22/01, 66 FR 28063
Approval of NOX Budget Trading
Oxides Emissions Budget and
Program for 1999, 2000, 2001 and
Allowance Program.
2002. NOX caps in the State during 2003 and thereafter established in
Part 204.
Part 228, Surface Coating
7/23/03 1/23/04, 69 FR 3240
.....................................
Processes.
Part 229, Petroleum and Volatile
4/4/93 12/23/97, 62 FR 67006 SIP revisions submitted in accordance
Organic Liquid Storage and
with Section 229.3(g)(1) are
Transfer.
effective only if approved by EPA.
Part 230, Gasoline Dispensing
9/22/94 4/30/98, 63 FR 23668
.....................................
Sites and Transport Vehicles.
Part 231, New Source Review for
3/5/09 11/17/10, 75 FR 70140 Partial approval; no action taken on
New and Modified Facilities.
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).
Part 232, Dry Cleaning..........
8/11/83 6/17/85, 50 FR 25079
EPA has not determined that Sec. 232.3(a) provides for reasonably available control technology.
Page 41710
Part 233, Pharmaceutical and
4/4/93 12/23/97, 62 FR 67006 SIP revisions submitted in accordance
Cosmetic Manufacturing
with Section 223.3(h)(1) are
Processes.
effective only if approved by EPA.
Part 234, Graphic Arts..........
4/4/93 12/23/97, 62 FR 67006 SIP revisions submitted in accordance with Section 234.3(f)(1) are effective only if approved by EPA.
Part 235, Consumer Products.....
10/15/09 5/28/10, 75 FR 29897
.....................................
Part 236, Synthetic Organic
1/12/92 7/27/93, 58 FR 40059
Variances adopted by the State
Chemical Manufacturing Facility
pursuant to Part 236.6(e)(3) become
Component Leaks.
applicable only if approved by EPA as a SIP revision.
Part 239, Portable Fuel
7/30/09 5/28/10, 75 FR 29897
The specific application of
Container Spillage Control.
provisions associated with alternate test methods, variances and innovative products, must be submitted to EPA as SIP revisions.
Part 243, CAIR NOX Ozone Season
10/19/07 1/24/08, 73 FR 4112
.....................................
Trading Program.
Part 244, CAIR NOX Annual
10/19/07 1/24/08, 73 FR 4112
.....................................
Trading Program.
Part 245, CAIR SO2Trading
10/19/07 1/24/08, 73 FR 4112
.....................................
Program.
Title 15:
Part 79, Motor Vehicle
5/4/05 2/21/07, 72 FR 7829
.....................................
Inspection Regulations,
Sections 79.1-79.15, 79.17, 79.20, 79.21, 79.24, 79.25.
(d) EPA approved State source-specific requirements.
EPA-Approved New York Source-Specific Provisions
Identifier/
State effective/
EPA approval
Name of source
emission point
approval date
date
Explanation
Dunlop Tire and Rubber
Green tire
Consent Order [81-36, 1/26/84, 49 FR
Part 212 VOC RACT
Corporation.
spraying, bead 9-0420]--8/19/81,
3436
Compliance Plan. dipping, and
Consent Order under tread and Amendment letters--1/ tread end
29/82 and 3/3/82. cementing processes.
Morton International Inc...... 00027........... Permit--9/1/95
9/23/97, 62 FR
Part 227-2, NOX RACT
Special Permit
49617
determination.
Conditions letter--8/ 23/95.
University of Rochester....... 00003 and 00005. Permit--4/25/96
9/23/97, 62 FR
Part 227-2, NOX RACT
Special Permit
49617
determination.
Conditions letter--. 3/19/96..............
Algonquin Gas Transmission
................ Special Conditions--9/ 9/23/97, 62 FR
Part 227-2, NOX RACT
Company.
23/91.
49617
determination.
................ Permit Correction--8/ ................ ..................... 8/96.
R0100........... Permit--9/23/91,
................ .....................
Special Permit
Conditions letter--. 3/18/96..............
R0200........... Permit--9/23/91,
................ .....................
Special Permit
Conditions letter--. 3/18/96..............
R0300........... Permit--9/23/91,
................ .....................
Special Permit
Conditions letter--. 3/18/96..............
R0400........... Permit--9/23/91,
................ .....................
Special Permit
Conditions letter--. 3/29/96,.............
Tenneco Gas Corporation's
................ ..................... 7/21/03, 68 FR
Part 227-2, NOX RACT
(also known as Tenneco Gas
42981
determination.
Pipeline Company and
Tennessee Gas Pipeline
Company).
Page 41711
Station 229............... 0001A through
Permits--8/22/95..... ................ ..................... 0006A.
Station 245............... 00001 through
Special Permit
................ ..................... 00006.
Conditions letter--2/ 24/97.
Station 254............... 00001 through
Permits--10/4/95
................ ..................... 00006.
Special Permit
Conditions letter--. 9/15/95..............
General Chemical Corporation.. 0SN1A and 0SN1B. Permit conditions
7/1/04, 69 FR
Part 212, NOX RACT letter--12/16/97.
39858
determination. 6/23/ 05 letter informing
NYDSDEC that the approval will automatically convert to a disapproval.
(e) EPA approved nonregulatory and quasi-regulatory provisions.
EPA-Approved New York Nonregulatory And Quasi-Regulatory Provisions
Applicable geographic
EPA approval
Action/SIP element
or nonattainment area New York submittal date
date
Explanation
SIP revision for carbon
New York-Northern New
8/30/99 4/19/00, 65 FR
............... monoxide concerning the
Jersey-Long Island
20909 oxyfuel program.
carbon monoxide nonattainment area.
Stage II gasoline vapor
Upstate portions of
4/18/00 9/29/00, 65 FR
............... recovery comparability plan. New York State.
58364
The 1990 base year emission
Areas designated
2/2/99 5/10/01, 66 FR
............... inventory (Volatile organic nonattainment for
23851 compounds (VOC), Nitrogen
ozone since 1991 in oxides (NOX) and Carbon
New York State. monoxide (CO)). 1996 and 1999 ozone
New York portion of
2/2/99 5/10/01, 66 FR
............... projection year emission
the New York-
23851 inventories.
Northern New Jersey-
Long Island 1-hour ozone nonattainment area.
Photochemical assessment
New York portion of
2/2/99 5/10/01, 66 FR
............... monitoring stations network. the New York-
23851
Northern New Jersey-
Long Island 1-hour ozone nonattainment area.
Enforceable commitments for
New York portion of
2/2/99 5/10/01, 66 FR
............... ozone.
the New York-
23851
Northern New Jersey-
Long Island 1-hour ozone nonattainment area. 15 Percent Rate of Progress
New York portion of
2/2/99 5/10/01, 66 FR
...............
Plan and the 9 Percent
the New York-
23851
Reasonable Further Progress
Northern New Jersey-
Plan for ozone.
Long Island 1-hour ozone nonattainment area. 2002, 2005 and 2007 ozone
New York portion of
11/27/98 2/4/02, 67 FR
............... projection year emission
the New York-
5194 inventories.
Northern New Jersey-
Long Island 1-hour ozone nonattainment area.
Reasonable Further Progress
New York portion of
11/27/98 2/4/02, 67 FR
...............
Plans for milestone years
the New York-
5194 2002, 2005 and 2007 for
Northern New Jersey- ozone.
Long Island 1-hour ozone nonattainment area.
Contingency measures for
New York portion of
11/27/98 2/4/02, 67 FR
............... ozone.
the New York-
5194
Northern New Jersey-
Long Island 1-hour ozone nonattainment area.
Reasonably Available Control New York portion of
10/1/01 2/4/02, 67 FR
...............
Measure Analysis for ozone. the New York-
5194
Northern New Jersey-
Long Island 1-hour ozone nonattainment area.
Attainment demonstration for New York portion of
11/27/98, supplemented 2/4/02, 67 FR
............... ozone.
the New York-
on 4/15/99, and 4/18/00 5194
Northern New Jersey-
Long Island 1-hour ozone nonattainment area.
Enforceable commitments for
New York portion of
4/18/00 2/4/02, 67 FR
............... future actions associated
the New York-
5194 with attainment of the 1-
Northern New Jersey- hour ozone national ambient
Long Island 1-hour air quality standard.
ozone nonattainment area.
SIP revision to the carbon
Onondaga County......
6/22/04 9/8/05, 70 FR
............... monoxide maintenance plan.
53304 1990 and 2007 conformity
New York portion of
1/29/03, amended on 9/13/05, 70 FR
............... emission budgets for ozone. the New York-
6/29/03 and 1/18/05 53944
Northern New Jersey-
Long Island 1-hour ozone nonattainment area.
Page 41712
Revised commitment to perform New York portion of
1/29/03 9/13/05, 70 FR
............... a mid-course review for
the New York-
53944 ozone.
Northern New Jersey-
Long Island 1-hour ozone nonattainment area.
New York reasonably available Statewide and to the 9/1/06, supplemented on 7/23/10, 75 FR
............... control technology (RACT)
New York portion of
2/8/08 and 9/16/08 43069 analysis for ozone.
the New York-
Northern New Jersey-
Long Island, NY-NJ-
CT and the
Poughkeepsie 8-hour ozone moderate nonattainment areas.
Reasonably available control New York portion of
2/8/08 7/23/10, 75 FR
............... measure (RACM) analysis for the New York-
43069 ozone.
Northern New Jersey-
Long Island, NY-NJ-
CT 8-hour ozone moderate nonattainment area.
Sec. 52.1679 [Reserved] 0 5. Section 52.1679 is removed and reserved.
FR Doc. 2011-17782 Filed 7-14-11; 8:45 am
BILLING CODE 6560-50-P
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