[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Rules and Regulations]
[Pages 28490-28493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08860]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0684; FRL-10007-95-Region 2]


Approval and Promulgation of Implementation Plans; New York; 
Reasonably Available Control Technology for the 2008 8-Hour Ozone 
National Ambient Air Quality Standards in the New York Metropolitan 
Area Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) submitted by the State of New York for 
purposes of implementing Reasonably Available Control Technology (RACT) 
in the New York portion of the New York-Northern New Jersey-Long Island 
NY-NJ-CT nonattainment area (New York Metropolitan Area or NYMA) for 
the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) as 
it relates to major sources emitting oxides of nitrogen 
(NOX), control technique guidelines (CTG) for sources of 
volatile organic compounds (VOCs), and non-CTG for major sources of 
VOCs. In addition, the EPA is approving portions of the SIP revision 
submitted by New York to address the 2008 ozone NAAQS that certify that 
the State has satisfied the requirements for an enhanced vehicle 
Inspection and Maintenance Program, an emissions statement program, and 
a nonattainment new source review program. The EPA is also approving 
New York's RACT plan as it applies to the CTG for industrial cleaning 
solvents and to solvent metal cleaning processes. This action is being 
taken in accordance with the requirements of the Clean Air Act.

DATES: This final rule is effective on June 12, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2018-0684. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Omar Hammad, Environmental Protection 
Agency, Region 2 Office, 290 Broadway, New York, New York 10007-1866, 
at (212) 637-3347, or by email at [email protected].

SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is 
arranged as follows:

Table of Contents

I. What is the background for this action?
II. What comments were received in response to the EPA's proposed 
action?
III. What action is the EPA taking?

[[Page 28491]]

IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On February 13, 2020 (85 FR 8233), the EPA published a Notice of 
Proposed Rulemaking that proposed to approve a State Implementation 
Plan (SIP) revision submitted by the State of New York on November 13, 
2017 for purposes of implementing Reasonably Available Control 
Technology (RACT) \1\ for the 2008 8-hour ozone National Ambient Air 
Quality Standard (NAAQS or standard) for the New York portion of the 
NYMA classified as moderate nonattainment. The State's November 2017 
SIP submittal consists of a demonstration that New York meets the RACT 
requirements for the two precursors for ground-level ozone, i.e., 
oxides of nitrogen (NOX) and volatile organic compounds 
(VOCs), set forth by the Clean Air Act (CAA or Act) with respect to the 
2008 8-hour ozone standard. The EPA proposed to approve New York's 
November 2017 RACT SIP submittal as it applies to non-control technique 
guideline (non-CTG) major sources of VOCs, CTG sources of VOCs and to 
major sources of NOX.
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    \1\ The 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).
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    The EPA also proposed to approve the following New York 
certifications that were submitted as part of SIP revisions to address 
the moderate area 2008 8-hour NAAQS. The certifications, that are 
applicable state-wide and therefore to the New York portion of NYMA, 
are: (1) That nonattainment new source review (NNSR) applies to 
NOX and VOC emissions from stationary sources; (2) that the 
State has satisfied the requirements for an enhanced vehicle Inspection 
and Maintenance Program; and (3) that the State has satisfied the 
requirements for an emissions statement program.
    New York certified that there are no sources located in the State 
for the following six CTGs: Manufacture of Vegetable Oils; Manufacture 
of High-Density Polyethylene, Polypropylene and Polystyrene Resins; 
Natural Gas/Gasoline Processing Plants; Air Oxidation Processes in 
Synthetic Organic Chemical Manufacturing Industry; Fiberglass Boat 
Manufacturing Materials; Agricultural Pesticides. The EPA did not 
propose any action on this certification since we previously approved 
the State's negative declaration for these six CTGs. 82 FR 58342 
(December 12, 2017); 40 CFR 52.1683 (a) and (b).
    The EPA proposed to approve New York's RACT plan as it applies to 
the CTG for industrial cleaning solvents. On December 12, 2017 (82 FR 
58342), the EPA published a conditional approval of New York's state-
wide RACT submittal, dated December 22, 2014, as supplemented on 
September 6, 2017, for purposes of satisfying the 2008 8-hour ozone 
standard RACT requirement as it applies to CTG requirements for VOC 
sources for industrial cleaning solvents. In its letter dated September 
6, 2017, New York committed to adopt, by November 30, 2018, a revised 
Part 226 of Title 6 of the New York Codes, Rules and Regulations (6 
NYCRR), entitled, ``Solvent Metal Cleaning Processes,'' which addresses 
the CTG for industrial cleaning solvents. In the conditional approval, 
EPA stated that if New York failed to meet its commitment within the 
one-year time period specified by CAA section 110(k)(4), the 
conditional approval will, by operation of law, become a disapproval. 
New York's response to the conditional approval was submitted to the 
EPA on November 5, 2019, approximately 11 months later than the State's 
commitment included in its September 6, 2017, letter to the EPA, so the 
conditional approval converted to a disapproval. The EPA then proposed 
to approve New York's state-wide RACT submittal dated December 22, 
2014, as supplemented on September 6, 2017, and November 5, 2019, for 
purposes of satisfying the 2008 8-hour ozone standard RACT requirement, 
as it applies to CTG requirements for VOC sources for industrial 
cleaning solvents.
    The EPA also proposed to approve New York's RACT plan as it applies 
to solvent cleaning processes. The EPA approved New York's RACT plan 
for solvent metal cleaning processes under the 1-hour ozone standard 
and proposed to approve New York's revised and more stringent 
requirements as the RACT plan for solvent metal cleaning processes for 
the 2008 8-hour ozone standard.
    The specific details of New York's SIP submittals and the rationale 
for the EPA's approval action are explained in the EPA's proposed 
rulemaking and are not restated in this final action. For this detailed 
information, the reader is referred to the EPA's February 13, 2020, 
proposed rulemaking (85 FR 8233).

II. What comments were received in response to the EPA's proposed 
action?

    EPA did not receive any comments on the February 13, 2020, proposed 
approval of New York's RACT for the 2008 8-hour ozone National Ambient 
Air Quality Standards in the New York Metropolitan Moderate 
nonattainment area.

III. What action is the EPA taking?

    The EPA is approving New York's state-wide RACT submittal dated 
December 22, 2014, as supplemented on September 6, 2017, and November 
5, 2019, for purposes of satisfying the 2008 8-hour ozone standard RACT 
requirement for the New York portion of the NYMA, as it applies to CTG 
requirements for sources of VOC, including industrial cleaning 
solvents. The EPA is approving the revisions to 6 NYCRR Part 226, 
``Solvent Cleaning Processes and Industrial Cleaning Solvents,'' with a 
State effective date of November 1, 2019.
    The EPA is approving New York's November 13, 2017, SIP submittal as 
it applies to non-CTG major sources of VOCs, all CTG sources of VOCs, 
other than the 2016 oil and natural gas CTG, and to major sources of 
NOX.
    The EPA is also approving New York's state-wide certifications 
applicable to the New York portion of NYMA moderate nonattainment area 
for: (1) Nonattainment new source review; (2) vehicle I/M program; and 
(3) emission statements.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the 6 NYCRR 
Part 226, ``Solvent Cleaning Processes and Industrial Cleaning 
Solvents,'' regulation described in the amendments to 40 CFR part 52 
set forth below. EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 2 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the State Implementation Plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).

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[[Page 28492]]

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 13, 2020. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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)).

List of Subjects in 40 CFR Part 52

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

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 19, 2020.
Peter Lopez,
Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.1670:
0
a. In the table in paragraph (c), revise the entry ``Title 6, Part 
226''.
0
b. In the table in paragraph (e), add the entries ``2008 8-hour Ozone 
RACT Analysis and Certification'', ``2008 8-hour Ozone Specific 
Nonattainment New Source Review Requirements Certification'', ``2008 8-
hour Ozone Nonattainment Emission Statement Program Certification'', 
and ``2008 8-hour Ozone Nonattainment Motor Vehicle Enhanced Inspection 
and Maintenance (I/M) Program Certification'' in alphabetical order at 
the end of the table.
    The revision and additions read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (c) * * *

[[Page 28493]]



                                EPA-Approved New York State Regulations and Laws
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                                                                State       EPA approval
          State citation                Title/subject      effective date       date              Comments
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                                                  * * * * * * *
Title 6, Part 226.................  Solvent Cleaning            11/1/2019       5/13/2020
                                     Processes and
                                     Industrial Cleaning
                                     Solvents.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                       EPA-Approved New York Nonregulatory and Quasi-Regulatory Provision
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                                      Applicable
       Action/SIP element            geographic or    New York submittal   EPA approval date      Explanation
                                  nonattainment area         date
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                                                  * * * * * * *
2008 8-hour Ozone RACT Analysis   Statewide and to    11/13/2017 as       5/13/2020, [insert   Full
 and Certification.                the New York        supplemented on     Federal Register    approval.
                                   portion of the      11/05/2019.         citation].          Addresses
                                   New York-Northern                                           the 12/22/2014
                                   New Jersey-Long                                             conditional
                                   Island NY-NJ-CT 8-                                          approval as it
                                   hour ozone                                                  applies to CTG
                                   nonattainment                                               for VOC major
                                   area.                                                       sources.
                                                                                               Certifies
                                                                                               New York has met
                                                                                               the RACT
                                                                                               requirements as
                                                                                               it applies to non-
                                                                                               CTG major sources
                                                                                               of VOCs, all CTG
                                                                                               sources of VOCs,
                                                                                               other than the
                                                                                               2016 oil and
                                                                                               natural gas CTG,
                                                                                               and to major
                                                                                               sources of NOX
                                                                                               for the Moderate
                                                                                               2008 8-hour Ozone
                                                                                               New York portion
                                                                                               of the New York-
                                                                                               Northern New
                                                                                               Jersey-Long
                                                                                               Island NY-NJ-CT 8-
                                                                                               hour ozone
                                                                                               nonattainment
                                                                                               area.
2008 8-hour Ozone Specific        New York portion    11/13/2017........  5/13/2020, [insert   Full
 Nonattainment New Source Review   of the New York-                        Federal Register    approval.
 Requirements Certification.       Northern New                            citation].
                                   Jersey-Long
                                   Island NY-NJ-CT 8-
                                   hour ozone
                                   nonattainment
                                   area.
2008 8-hour Ozone Nonattainment   New York portion    11/13/2017........  5/13/2020, [insert   Full
 Emission Statement Program        of the New York-                        Federal Register    approval.
 Certification.                    Northern New                            citation].
                                   Jersey-Long
                                   Island NY-NJ-CT 8-
                                   hour ozone
                                   nonattainment
                                   area.
2008 8-hour Ozone Nonattainment   New York portion    11/13/2017........  5/13/2020, [insert   Full
 Motor Vehicle Enhanced            of the New York-                        Federal Register    approval.
 Inspection and Maintenance (I/    Northern New                            citation].
 M) Program Certification.         Jersey-Long
                                   Island NY-NJ-CT 8-
                                   hour ozone
                                   nonattainment
                                   area.
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[FR Doc. 2020-08860 Filed 5-12-20; 8:45 am]
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