[Federal Register Volume 66, Number 186 (Tuesday, September 25, 2001)]
[Rules and Regulations]
[Pages 48957-48961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23762]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NY53-230a, FRL-7057-5]


Approval and Promulgation of Implementation Plans; New York Ozone 
State Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the New York State 
Implementation Plan (SIP) related to the control of oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) from stationary 
sources. The SIP revision consists of amendments to New York's Code of 
Rules and Regulations (NYCRR) Part 212, ``General Process Emission 
Sources.'' The revision was submitted to comply with the Clean Air Act 
reasonably available control technology (RACT) requirements for major 
sources of VOC and NOX not covered by Control Techniques 
Guidelines.
    EPA is also taking this opportunity to announce that it is 
accepting the State's determination that there are no emission sources 
in the New York portion of the New York-Northern New Jersey-Long Island 
ozone nonattainment area (New York Metropolitan Area) from facilities 
that would be regulated by NYCRR Parts 214, ``Byproduct Coke Oven 
Batteries,'' 216, ``Iron and/or Steel Processes,'' and 220, ``Portland 
Cement Plants.'' With this approval, New York has met the Clean Air Act 
Section 182 requirements for RACT on stationary sources in the New York 
Metropolitan Area.

DATES: This direct final rule is effective on November 26, 2001 without 
further notice, unless EPA receives adverse comment by October 25, 
2001. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: All comments should be addressed to: Raymond Werner, Chief, 
Air Programs Branch, Environmental Protection Agency, Region 2 Office, 
290 Broadway, 25th Floor, New York, New York 10007-1866.
    Copies of the State submittal are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region 2 Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866.
New York State Department of Environmental Conservation, Division of 
Air Resources, 625 Broadway, 2nd Floor, Albany, New York 12233.
Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, SW., Washington, 
DC 20460.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3381.

SUPPLEMENTARY INFORMATION:   

Table of Contents

I. What are the Clean Air Act requirements?
    A. What are the volatile organic compound (VOC) Reasonably 
Available Control Technology (RACT) requirements?
    B. What are the oxides of nitrogen (NOX) RACT 
requirements?
II. What did New York include in its submittals?

[[Page 48958]]

III. What are the requirements of Part 212, ``General Process 
Emission Sources''?
    A. What are Generic provisions and does Part 212 contain Generic 
RACT provisions?
    B. What other RACT provisions does Part 212 contain and are they 
federally approvable?
    C. How has New York addressed the Case-by-Case RACT 
determinations?
IV. Are New York's non-CTG RACT requirements consistent with EPA's 
proposal of the 1-hour ozone attainment demonstration?
V. Conclusion
VI. Administrative Requirements

I. What Are the Clean Air Act Requirements?

A. What Are the Volatile Organic Compound (VOC) Reasonably Available 
Control Technology (RACT) Requirements?

    The Clean Air Act (the Act) as amended in 1990 sets forth a number 
of requirements that states with areas designated as nonattainment for 
ozone must satisfy and a timetable for satisfying these requirements. 
The specific requirements vary depending upon the severity of the ozone 
problem. One of the requirements, and the subject of this proposed 
rulemaking, requires states to adopt RACT rules for various VOC source 
categories. EPA has defined RACT as the lowest emission limitation that 
a particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility (44 FR 53762; September 17, 1979).
    Section 182 of the Act sets forth two separate RACT requirements 
for ozone nonattainment areas. The first requirement, contained in 
section 182(a)(2)(A) of the Act, and referred to as RACT fix-up, 
requires the correction of RACT rules for which EPA identified 
deficiencies before the Act was amended in 1990. The second 
requirement, set forth in section 182(b)(2) of the Act, applies to 
moderate (or worse) ozone nonattainment areas as well as to ozone 
transport regions. The goal of this latter requirement is to ensure 
that areas not required previously to adopt RACT for some or all of the 
major stationary sources, adopt rules and ``catch-up'' to those areas 
subject to more stringent RACT requirements.
    EPA issued three sets of Control Techniques Guideline (CTG) 
documents, establishing a ``presumptive norm'' for RACT for various 
categories of VOC sources. The three sets of CTGs were (1) Group I--
issued before January 1978 (15 CTGs); (2) Group II--issued in 1978 (9 
CTGs); and (3) Group III--issued in the early 1980's (5 CTGs). Those 
sources not covered by a CTG are referred to as non-CTG sources. 
Section 182(b)(2) of the Act requires states with ozone nonattainment 
areas classified as moderate or worse to develop RACT for all pre-
enactment CTG source categories, for all sources subject to post-
enactment CTGs and for all non-CTG major sources in those areas. Under 
the pre-1990 Clean Air Act, ozone nonattainment areas were required to 
adopt RACT rules for sources of VOC emissions.
    New York has previously addressed most of these requirements and 
EPA has approved these revisions into the New York State Implementation 
Plan (SIP).

B. What Are the Oxides of Nitrogen (NOX) RACT Requirements?

    The air quality planning requirements for the reduction of 
NOX emissions using RACT are set out in section 182(f) of 
the Act. EPA further defines the section 182(f) requirements in a 
notice, ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble; Clean Air Act Amendments of 1990 Implementation of 
Title I; Proposed Rule,'' published November 25, 1992 (57 FR 55620). 
Refer to the November 25, 1992 notice for detailed information on the 
NOX requirements. Also refer to additional guidance 
memoranda that EPA released subsequent to the NOX 
Supplement. The additional guidance includes: EPA publication EPA-452/
R-96-005 (March 1996) entitled ``NOX Policy Documents for 
The Clean Air Act of 1990''; EPA's policy memorandum on the approval 
options for generic RACT rules submitted by states entitled ``Approval 
Options for Generic RACT Rules Submitted to Meet the non-CTG VOC RACT 
Requirement and Certain NOX RACT Requirements'' (November 7, 
1996); EPA's draft system-wide averaging trading guidance (December 
1993); EPA's publications of ``Alternative Control Technique 
Documents'' which are technical documents identifying alternative 
controls for most categories of stationary sources of NOX; 
and other related EPA policy and guidance documents.
    The Act requires that states establish requirements, where 
practicable, for major stationary sources to include NOX 
RACT controls by May 31, 1995.

II. What Did New York Include in Its Submittals?

    On July 8, 1994, New York State Department of Environmental 
Conservation (NYSDEC) submitted to EPA a request to revise its SIP. The 
revisions consisted of amendments to New York's Code of Rules and 
Regulations (NYCRR) Part 212 ``General Process Emission Sources.'' Part 
212 was adopted by the State on July 8, 1994 and became effective on 
September 22, 1994. This regulation is intended to address, at least in 
part, the requirements of the Act explained in Section I of this 
notice. It should be noted that because the specific requirements of 
the Act which New York must address vary relative to the severity of 
the ozone problem in a specific metropolitan area, the applicability of 
New York's Part 212 regulations also vary accordingly. A summary of 
EPA's review and findings concerning the revisions to Part 212 follows. 
The July 8, 1994 submittal also included revisions to NYCRR Parts 214, 
``Byproduct Coke Oven Batteries,'' 216, ``Iron and/or Steel 
Processes,'' and 220, ``Portland Cement Plants.'' However, EPA is not 
acting on these regulations as a SIP revision at this time. For the 
purpose of the 1-hour Ozone Attainment SIP for the New York 
Metropolitan Area, on July 11, 2001, New York submitted a ``negative 
declaration'' affirming that there are no emission sources in the New 
York Metropolitan Area from facilities that would be regulated by Parts 
214, 216 and 220. The July 11, 2001 submittal also indicates that the 
attainment demonstration for the New York Metropolitan Area is not 
dependent upon emission reductions from Part 214, 216 and 220 sources 
in other parts of the State.

III. What Are the Requirements of Part 212, ``General Process 
Emission Sources''?

    The State of New York has established specific air pollution 
control requirements for numerous industrial and commercial sources of 
air pollution. Part 212 provides for control of air pollution sources 
that are not covered by industry-specific regulations. Part 212 
provides for control of such sources throughout the State but also 
establishes deadlines for compliance with the existing requirements for 
RACT in the New York City Metropolitan Area which is composed of New 
York City and the counties of Nassau, Suffolk, Westchester and Rockland 
and seven municipalities in Orange County--Blooming Grove, Chester, 
Highlands, Monroe, Tuxedo, Warwick and Woodbury.
    Facilities subject to Part 212 must either review their applicable 
NOX and VOC emission points to implement RACT, or limit the 
facility's potential to emit these contaminants below threshold 
applicability levels. In either case, a compliance plan was required by 
October 20, 1994. Facilities that could

[[Page 48959]]

exceed these levels only if they increased production (i.e., their 
actual hours of operation increased and they became ``potential'' major 
facilities), did not need to conduct the RACT analysis if they 
requested enforceable operating limits before May 31, 1995.

A. What Are Generic Provisions and Does Part 212 Contain Generic RACT 
Provisions?

    Generic provisions are those portions of a regulation which require 
the application of RACT to an emission point, but the degree of control 
is not specified in the rule and is to be determined on a case-by-case 
basis taking technological and economic factors into consideration. 
Under the Act, these individually determined RACT limits would then 
need to be submitted by a state as a SIP revision for EPA approval. On 
November 7, 1996, EPA issued a policy memorandum providing additional 
guidance for approving regulations which contain these ``generic 
provisions.'' (Sally Shaver, Director, Air Quality Strategies and 
Standards Division, memorandum to EPA Division Directors, ``Approval 
Options for Generic RACT Rules Submitted to Meet the non-CTG VOC RACT 
Requirement and Certain NOX RACT Requirements'').
    EPA policy allows for the full approval of state generic RACT rules 
prior to actual EPA approval of SIP revisions establishing RACT for 
each individual major source. However, to allow this, the state must 
provide an analysis that concludes that the remaining source RACT 
determinations involve a de minimis level of emissions. Such an 
approval does not exempt the remaining sources from RACT; but does 
provide an opportunity for EPA to make a determination that the state 
has met a non-CTG requirement prior to taking action on all of the 
individual case-by-case RACT determinations. Provisions within Part 212 
establish a procedure for a case-by-case determination of what 
represents RACT for an item of equipment, process or source.

B. What Other RACT Provisions Does Part 212 Contain and Are They 
Federally Approvable?

    Section 212.10 provides that owners and/or operators of major 
sources may petition for an exemption from NOX RACT if it 
can be demonstrated that net ozone air quality benefits are greater in 
the absence of NOX reductions from a facility. EPA 
interprets this provision as consistent with the NOX RACT 
exemption available in section 182(f) of the Act. New York's provision 
is consistent with EPA guidance and therefore approvable.
    Pursuant to 40 CFR part 51 subpart I and 40 CFR parts 60 and 61, 
state requirements, such as subdivision 212.10(d), that provide for 
``capping out,'' must be federally enforceable. Under section 212.10 a 
facility with federally and state enforceable conditions in 
Certificates to Operate which limits its annual potential to emit 
NOX and VOCs below the applicability levels of section 
212.10 by May 31, 1995 is exempt from the RACT analysis and 
implementation requirements of section 212.10. In addition, records 
must be maintained which verify the facility's annual actual emissions 
and any exceedances of its annual potential to emit conditions must be 
reported to the State.
    EPA has determined that the subsection 212.10(d) requirements are 
federally enforceable because the section provides for the 
incorporation of compliance measures and schedules into operating 
permits which are issued and/or altered in conformance with Part 201 
(``Permits and Certificates''). Part 201 has been previously 
incorporated into the New York SIP and, therefore, is already federally 
enforceable. While subsection 212.10(d) does not explicitly define 
federally enforceable, the provision refers to limitations that would 
be incorporated into a federally enforceable operating permit, adopted 
pursuant to the procedures provided in Part 201.
    Facilities which conduct a RACT analysis are required to review 
control device technologies and capture efficiencies of these controls 
for VOC sources, keeping in mind the reasonable economics of RACT. 
Pursuant to subsection 212.10(c)(4), the following source categories 
are considered equipped with RACT: VOC emission points which are 
equipped with a capture system and control device with an overall 
removal efficiency of at least 81 percent or surface coating processes 
that use coatings not exceeding 3.5 pounds VOC per gallon as applied 
(minus water and excluded VOC). Through these provisions, New York has 
established a presumptive RACT requirement for VOC consistent with the 
EPA guidance on generic regulations.
    Facilities that are subject to Part 212 and have very small 
emission points (i.e., NOX and VOC emission rate potentials 
which are both less than three pounds per hour and in the absence of 
control equipment less than fifteen pounds per day) do not have to 
perform a RACT analysis for those very small emission points.
    For those sources not subject to specific NOX and VOC 
emission limitations or work practice standards, subsection 212.10(c) 
provides a schedule for submission of and requirements for a compliance 
plan which must be followed in order to comply with Part 212. Should a 
source not comply with these requirements it would constitute a 
violation of Part 212 which may subject the source owner or operator to 
civil and applicable criminal penalties. EPA has determined that this 
is sufficient to insure that sources comply and should EPA need to take 
enforcement action, it could use the same provisions to require 
compliance. The process specific RACT demonstrations are required to be 
submitted to EPA for approval as SIP revisions. The deadline for 
implementation of RACT was May 31, 1995. These revisions to Part 212 
are consistent with EPA guidance, therefore, EPA is approving Part 212.

C. How Has New York Addressed the Case-by-Case RACT Determinations?

    In a letter dated August 31, 2001, New York provided sufficient 
data for EPA to evaluate the de minimis level of NOX 
emissions from generic sources in the State. Given the State's data, 
EPA has determined that 1.55 percent of the NOX emissions 
subject to RACT controls have either not yet been submitted to EPA as 
SIP revisions or, if submitted, have not yet been approved by EPA.\1\ 
EPA has determined this amount to be de minimis. The 1.55 percent de 
minimis level includes emissions from seven facilities for which New 
York is required to submit single source SIP revisions containing RACT 
requirements. Therefore, EPA has determined that New York's 
NOX RACT regulation conforms with EPA's policy regarding the 
approval of generic RACT provisions or rules, thereby allowing EPA to 
approve Part 212. Subsection 212.10(c) requires New York to submit the 
remaining case-by-case RACT determinations for the NOX 
sources to EPA for approval as SIP revisions.
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    \1\ EPA guidance provides that where the non-approved RACT 
requirements concern sources whose emissions represent less than 5% 
of the 1990 stationary source NOX inventory, excluding 
utility boilers, it may be appropriate to issue a full approval of 
the generic RACT regulation.
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    New York has also informed EPA that the permits, pursuant to Title 
V of the Act, ``Operating Permits,'' are being processed for the 
NOX sources controlled by Part 212. Upon the completion of 
the Title V process for these sources, the State will prepare and 
submit to EPA source specific SIP revisions for these facilities.

[[Page 48960]]

IV. Are New York's Non-CTG RACT Requirements Consistent With EPA's 
Proposal of the 1-Hour Ozone Attainment Demonstration?

    On December 16, 1999 (64 FR 70364), EPA proposed approval of New 
York's 1-hour Ozone Attainment SIP for the New York Metropolitan Area. 
EPA must take final action approving all measures relied on for 
attainment, including the measures associated with the VOC and 
NOX RACT requirements for major non-CTG sources, before EPA 
can issue a final full approval of the 1-hour Ozone Attainment SIP for 
the New York Metropolitan Area.
    New York has submitted adopted regulations for all CTG and non-CTG 
major sources of VOC and NOX. EPA has approved the majority 
of these in past Federal Register actions. The remaining New York 
regulations with provisions relating to RACT applicable to the New York 
Metropolitan Area are Parts 212, ``General Process Emission Sources,'' 
214, ``Byproduct Coke Oven Batteries,'' 216, ``Iron and/or Steel 
Processes,'' and 220, ``Portland Cement Plants.''
    On July 11, 2001, New York submitted a ``negative declaration'' 
affirming that no sources affected by the provisions of Parts 214, 216 
and 220 exist in the Urban Airshed Model modeling domain for the New 
York Metropolitan Area and that New York does not rely on emission 
reductions from Parts 214, 216 or 220 to demonstrate attainment in that 
area. EPA has determined that with this certification and today's 
approval of Part 212, New York has fulfilled the Section 182(b)(2) and 
182(f) of the Act requirements for major non-CTG VOC and NOX 
RACT sources in the New York Metropolitan Area.

V. Conclusion

    EPA has evaluated New York's submittal for consistency with the 
Act, EPA regulations, and EPA policy. EPA is approving Part 212, 
``General Process Emission Sources'' of New York's regulations as 
meeting the VOC and NOX RACT ``catch-up'' requirements of 
sections 182(b)(2) and 182(f) of the Act for major non-CTG sources. EPA 
is also approving the State's negative declaration that there are no 
sources regulated by Parts 214, ``Byproduct Coke Oven Batteries,'' 216, 
``Iron and/or Steel Processes,'' and 220, ``Portland Cement Plants'' 
in, or relied on in the attainment demonstration for, the New York 
portion of the New York-Northern New Jersey-Long Island severe 1-hour 
ozone nonattainment area. EPA also finds that New York has SIP approved 
regulations for all CTG and non-CTG major sources of VOC and 
NOX for the New York Metropolitan Area.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective November 26, 
2001 without further notice unless the Agency receives adverse comments 
by October 25, 2001.
    If the EPA receives adverse comments, then EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule.
    The EPA will not institute a second comment period on this action. 
Any parties interested in commenting must do so at this time.

VI. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. This 
action merely approves state law as meeting federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). 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), because it 
merely approves a state rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Act. This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Act. In this 
context, in the absence of a prior existing requirement for the state 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Act.
    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. 
As required by section 3 of Executive Order 12988 (61 FR 4729, February 
7, 1996), 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. EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) 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 provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).
    The Congressional Review Act, 5 U.S.C. section 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 
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. A major rule 
cannot take effect until 60 days after it

[[Page 48961]]

is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. section 804(2). This rule will be 
effective November 26, 2001 unless EPA receives adverse written 
comments by October 25, 2001.
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 26, 2001. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2) of the Act.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Oxides of 
Nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 10, 2001.
William J. Muszynski,
Acting Regional Administrator, Region 2.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    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. Section 52.1670 is amended by adding new paragraph (c)(101) to 
read as follows:


Sec. 52.1670  Identification of plan.

* * * * *
    (c) * * *
    (101) Revisions to the State Implementation Plan submitted on July 
8, 1994 by the New York State Department of Environmental Conservation 
that establishes VOC and NOX Reasonably Available Control 
Technology requirements statewide for general process emission sources.
    (i) Incorporation by reference:
    (A) Regulation Part 212 of Title 6 of the New York Code of Rules 
and Regulations, entitled ``General Process Emission Sources'' filed on 
August 23, 1994 and effective on September 22, 1994.
    (ii) Additional information.
    (A) Letter from the New York State Department of Environmental 
Conservation dated July 8, 1994, submitting the Part 212 Regulation and 
amendments as revisions to the New York State Implementation Plan for 
ozone.
    (B) Letter from the New York State Department of Environmental 
Department Conservation dated August 31, 2001 submitting an analysis of 
mass NOX emissions from generic sources throughout the 
State.
    (C) Letter from the New York State Department of Environmental 
Conservation dated July 11, 2001 affirming that there are no sources 
regulated by Parts 214, ``Byproduct Coke Oven Batteries,'' 216, ``Iron 
and/or Steel Processes,'' and 220, ``Portland Cement Plants'' in, or 
considered in the attainment demonstration for, the New York portion of 
the New York-Northern New Jersey-Long Island severe 1-hour ozone 
nonattainment area.
    3. In section 52.1679, the table is amended by revising the entry 
for Part 212 to read as follows:


Sec. 52.1679  EPA--approved New York State regulations

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     New York State regulation           State effective date       Latest EPA approval date       Comments
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*                  *                  *                  *                  *                  *
                                                        *
Part 212, General Process Emission  9/22/94                        September 25, 2001, 66 FR
 Sources.                                                           48961.
 
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[FR Doc. 01-23762 Filed 9-24-01; 8:45 am]
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