[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54375-54377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21370]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2020-0466; FRL-9004-02-R2]


Approval of Air Quality Implementation Plans; New York; Part 212, 
Process Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the New York State Implementation Plan (SIP) concerning 
process operations. The effect of this revision is to streamline and 
update provisions, align those provisions with permitting regulations, 
and provide regulatory certainty for the regulated community.

DATES: This final rule is effective on November 1, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2020-0466. All documents in the docket are 
listed on the https://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 https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Nicholas Ferreira, Air Programs 
Branch, Environmental Protection Agency, Region 2, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3127, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

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?
IV. Incorporation by reference.
V. Statutory and Executive order reviews.

I. What is the background for this action?

    On July 1, 2021 (86 FR 35042), the EPA published a notice of 
proposed rulemaking that proposed to approve a revision to the State 
Implementation Plan (SIP) submitted by the State of New York on 
February 5, 2019, and supplemented on March 25, 2021, for purposes of 
revising Title 6 of the New York Codes, Rules and Regulations (6 NYCRR) 
Part 212, ``General Process Emission Sources.'' The EPA is also 
approving attendant revisions to Part 200, ``General Provisions,'' 
Subpart 200.1, ``Definitions.''
    The revisions to Part 212, which is now entitled, ``Process 
Operations,'' apply to process emission sources and/or emission points 
associated with a

[[Page 54376]]

process operation. The changes to Part 212 include establishing 
consistent terminology between Part 212, Part 200, and Part 201, 
``Permits and Registrations''; establishing a Toxic Best Available 
Control Technology (T-BACT) standard for toxic air contaminants; 
clarifying the interaction between Part 212 and the National Emission 
Standards for Hazardous Air Pollutants (NESHAPs); offering a 
streamlined approach for demonstrating compliance with regulatory 
standards for air contaminants by adopting a mass emission rate option; 
replacing the current Part 212 control requirement, which provides the 
New York State Department of Environmental Conservation (NYSDEC) 
Commissioner with discretion to establish the degree of required air 
cleaning upon performance of air dispersion modeling analyses in order 
to demonstrate compliance with the NYSDEC Guideline Concentrations or 
National Ambient Air Quality Standards (NAAQS); controlling High 
Toxicity Air Contaminants (HTACs) to the greatest extent possible; and 
generally reorganizing and clarifying Part 212. These revisions 
streamline and update provisions, align those provisions with 
permitting regulations, and provide regulatory certainty for the 
regulated community.
    New York's March 25, 2021 comprehensive supplemental submittal also 
included Part 201 Operating Permit Program requirements; however, the 
EPA will be acting on these revisions under a separate action.
    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 July 1, 2021 proposed 
rulemaking. See 86 FR 35042.

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

    The EPA did not receive any comments on the July 1, 2021 proposed 
approval of Title 6 of the New York Codes, Rules and Regulations, Part 
212, ``Process Operations'' and Part 200, ``General Provisions,'' 
Subpart 200.1, ``Definitions.''

III. What action is the EPA taking?

    The EPA is approving the revisions to the State Implementation Plan 
(SIP) submitted by the State of New York on February 5, 2019, and 
supplemented on March 25, 2021, for purposes of revising Title 6 of the 
New York Codes, Rules and Regulations (6 NYCRR) Part 212, ``Process 
Operations''. The EPA is also approving attendant revisions to Part 
200, ``General Provisions,'' Subpart 200.1, ``Definitions.''

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, the EPA is finalizing the incorporation by reference of 6 
NYCRR Part 212, ``Process Operations'' and Part 200, ``General 
Provisions,'' Subpart 200.1, ``Definitions,'' as described in the 
amendments to 40 CFR part 52 set forth below. The 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 the EPA for inclusion in the New York State 
Implementation Plan, have been incorporated by reference by the EPA 
into that plan, are fully federally enforceable under sections 110 and 
113 of the Clean Air Act, 42 U.S.C. 7401 et seq., as of the effective 
date of the final rulemaking of the EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\1\
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    \1\ See 62 FR 27968 (May 22, 1997).
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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, the 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 that meets 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);
     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 the 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. The 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 November 30, 2021. Filing a 
petition for reconsideration by the Administrator of

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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 Clean Air Act 
section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

     Dated: September 27, 2021.
Walter Mugdan,
Acting 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, in the table in paragraph (c), revise the entries 
``Title 6, Part 200, Subpart 200.1'' and ``Title 6, Part 212'' to read 
as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved New York State Regulations and Laws
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                                                               State
          State citation                Title/subject        effective   EPA approval           Comments
                                                               date          date
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Title 6, Part 200, Subpart 200.1..  General Provisions,      2/25/2021     10/1/2021    EPA is approving
                                     Definitions.                                       definitions that are not
                                                                                        already federally
                                                                                        enforceable.
                                                                                        EPA approval
                                                                                        finalized at [insert
                                                                                        Federal Register
                                                                                        citation].
 
                                                  * * * * * * *
Title 6, Part 212.................  Process Operations...    2/25/2021     10/1/2021    EPA approval
                                                                                        finalized at [insert
                                                                                        Federal Register
                                                                                        citation].
 
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[FR Doc. 2021-21370 Filed 9-30-21; 8:45 am]
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