[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41705-41712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17782]


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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.

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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

I. Background
    A. Description of a SIP
    B. How EPA Enforces SIPs
    C. How the State and EPA Update the SIP
    D. How EPA Compiles the SIP
    E. How EPA Organizes the SIP Compilation
    F. Where You Can Find a Copy of the SIP Compilation
    G. The Format of the New Identification of Plan Section
    H. When a SIP Revision Becomes Part of the SIP and Federally 
Enforceable
    I. The Historical Record of SIP Revision Approvals
II. What is EPA doing in this action?
III. Statutory and Executive Order Reviews

[[Page 41706]]

I. Background

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

II. 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.

III. Statutory and Executive Order Reviews

A. 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.

B. 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).

C. 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