[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Rules and Regulations]
[Pages 57511-57513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19712]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. R02-OAR-2005-NY-0003, FRL-7971-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is approving a revision to 
the New York State Implementation Plan (SIP) concerning New York's 
permitting program. The SIP revision consists of amendments to Title 6 
of the New York Code, Rules and Regulations, Part 201, ``Permits and 
Certificates.'' The intended effect of this approval is to incorporate 
administrative changes to New York's permitting program into the SIP.

[[Page 57512]]


DATES: This rule will be effective November 2, 2005.

ADDRESSES: A copy of the New York submittal is 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, Albany, New York 12233.

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 or [email protected].

SUPPLEMENTARY INFORMATION:

I. What Was Included in New York's Submittal?

    On June 16, 1996, David Sterman, then Deputy Commissioner, New York 
State Department of Environmental Conservation (NYSDEC), submitted to 
EPA a revision to the State Implementation Plan (SIP) which included 
revisions to Title 6 of the New York Codes, Rules and Regulations 
(NYCRR), Part 201, ``Permits and Certificates.'' The revisions to Part 
201 were submitted by New York in support of its Title V Operating 
Permit Program under the Clean Air Act (Act), and became State 
effective on July 7, 1996. New York requested at that time that 
Subparts 201-1, 201-2, 201-3, 201-4, 201-5, 201-7, 201-8 and Appendix B 
be incorporated into the federally approved SIP, replacing the existing 
federally approved version of Part 201. EPA has deferred taking action 
on those revisions to Part 201 due to unresolved concerns raised by the 
EPA and NYSDEC regarding specific Subparts. However, on May 27, 2005, 
Carl Johnson, Deputy Commissioner, NYSDEC, submitted a SIP revision 
requesting EPA's approval of only Subparts 201-7.1, ``General'' and 
201-7.2, ``Emission Capping Using Synthetic Minor Permits,'' as were 
State effective on July 7, 1996, and the removal of Subpart 201.5(e) of 
the existing federally approved version of Part 201. On July 21, 2005 
(70 FR 42021), EPA proposed to approve revised Subparts 201-7.1 and 
201-7.2 into the federally approved New York SIP and remove existing 
Subpart 201.5(e) from the federally approved New York SIP. For a 
detailed discussion on the content and requirements of the revisions to 
New York's regulations, the reader is referred to EPA's proposed 
rulemaking action.

II. What Comments Did EPA Receive in Response to Its Proposal?

    In response to EPA's July 21, 2005 proposed rulemaking action, EPA 
received no adverse comments.

III. What Is EPA's Conclusion?

    EPA has evaluated New York's submittal for consistency with the 
Act, EPA regulations, and EPA policy. EPA has determined that the 
revisions made to Part 201-7, ``Federally Enforceable Emission Caps,'' 
specifically the inclusion of Subparts 201-7.1, ``General'' and 201-
7.2, ``Emission Capping Using Synthetic Minor Permits'' meet the SIP 
revision requirements of the Act. In addition, EPA has determined that 
existing Subpart 201.5(e) should no longer be included in the federally 
approved SIP. Therefore, EPA is approving revised Subparts 201-7.1 and 
201-7.2 into the federally approved New York SIP and removing existing 
Subpart 201.5(e) from the federally approved New York SIP.

IV. Statutory and Executive Order Reviews

    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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This action also does not have federalism 
implications because it does not 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 action 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 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (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. 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. 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 is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 December 2, 2005. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the

[[Page 57513]]

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).)

List of Subjects in 40 CFR Part 52

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

    Dated: September 12, 2005.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
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 et seq.

Subpart HH--New York

0
2. Section 52.1670 is amended by adding new paragraph (c)(109) to read 
as follows:


Sec.  52.1670  Identification of plans.

* * * * *
    (c) * * *
* * * * *
    (109) Revisions to the State Implementation Plan submitted on June 
16, 1996 and May 27, 2005, by the New York State Department of 
Environmental Conservation, which consist of administrative changes to 
Title 6 of the New York Code, Rules and Regulations, Part 201, 
``Permits and Certificates.''
    (i) Incorporation by reference:
    (A) Regulations Subparts 201-7.1, ``General'' and 201-7.2, 
``Emission Capping Using Synthetic Minor Permits'' of Part 201-7, 
``Federally Enforceable Emission Caps'' of Title 6 of the New York Code 
of Rules and Regulations (NYCRR), filed on June 7, 1996, and effective 
on July 7, 1996.

0
3. In 52.1679, the table is amended by revising the entry under Title 6 
for Part 201 and adding new entries under Title 6 for Subparts 201-7.1 
and 201-7.2, in numerical order to read as follows:


Sec.  52.1679  EPA--approved New York State regulations.

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                                         State
      New York State regulation        effective          Latest EPA approval date               Comments
                                          date
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 Title 6:
 
                                                  * * * * * * *
    Part 201, ``Permits and                4/4/93  10/3/05 [Insert FR page citation]      This action removes
     Certificates''.                                                                       subpart 201.5(e) from
                                                                                           the State's federally
                                                                                           approved SIP.
    Subpart 201-7.1, ``General''....       7/7/96  10/3/05 [Insert FR page citation]
    Subpart 201-7.2, ``Emission            7/7/96  10/3/05 [Insert FR page citation]
     Capping Using Synthetic Minor
     Permits''.
 
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[FR Doc. 05-19712 Filed 9-30-05; 8:45 am]
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