[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Rules and Regulations]
[Pages 52337-52338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18323]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0450; FRL-9927-02-R2]


Approval and Promulgation of Implementation Plans; New York; Oil 
and Natural Gas Control Measures

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) revision submitted by the state of New York. 
The revision provides the State's control measures for facilities 
within its borders subject to EPA's 2016 Control Techniques Guideline 
(CTG) for the oil and natural gas industry. The intended effect of this 
action is to approve this item into the New York SIP and satisfy the 
requirement for the CTG. This action is being taken in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 26, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2022-0450. 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: Omar Hammad, Environmental Protection 
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: 
    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA.

Table of Contents

I. Background
II. Evaluation of Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On March 21, 2022, New York submitted for approval a SIP revision 
to incorporate the adoption of Title 6 of the New York Codes, Rules, 
and Regulations (NYCRR) Part 200, ``General Provisions,'' and Part 203, 
``Oil and Natural Gas Sector,'' as adopted on January 18, 2022. Part 
200, section 200.9, amends Table 1 to add regulation 203-7.1(a) with a 
Code of Federal Regulations (CFR) citation of ``40 CFR part 60, 
appendix A-7 (July 1, 2017).'' Part 203 sets monitoring, operational, 
and reporting requirements for the oil and natural gas sector 
statewide. The adoption of Part 203 is meant to satisfy the 
requirements to implement EPA's 2016 Oil and Natural Gas CTG within the 
2008 and 2015 ozone nonattainment areas and statewide OTR requirements.
    On June 15, 2022 (87 FR 36096, June 15, 2022), the EPA published a 
Notice of Proposed Rulemaking in which the EPA proposed to approve New 
York's Part 200, ``General Provisions,'' section 200.9 amendment to 
Table 1 to add regulation 203-7.1(a) with a CFR citation of ``40 CFR 
part 60, appendix A-7 (July 1, 2017).'' EPA also proposed to approve 
Part 203, ``Oil and Natural Gas Sector'' control measure because it 
satisfies the 2016 Oil and Natural Gas Industry CTG.

II. Evaluation of Comments

    In response to the EPA's June 15, 2022, proposed rulemaking on New 
York's SIP revision submittal, the EPA received one comment during the 
30-day public comment period. After reviewing the comment, EPA has 
determined that the comment is outside the scope of our proposed action 
or fails to identify any material issue necessitating a response. The 
comment does not raise issues germane to the EPA's proposed action. For 
this reason, the EPA will not provide a specific response to the 
comment. The specific comment may be viewed under Docket ID Number EPA-
R02-OAR-2022-0450 on the https://www.regulations.gov website.

III. Final Action

    EPA is approving New York's Part 200, ``General Provisions,'' 
section 200.9 amendment to Table 1 to add regulation 203-7.1(a) with a 
CFR citation of ``40 CFR part 60, appendix A-7 (July 1, 2017).'' EPA is 
also approving Part 203, ``Oil and Natural Gas Sector'' control 
measure, with a State effective date of March 18, 2022, because it 
satisfies the 2016 Oil and Natural Gas Industry CTG.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, as discussed in section I of this preamble, the EPA is 
finalizing the incorporation by reference of Title 6 of the NYCRR Part 
203, ``Oil and Natural Gas Sector'' of the New York Administrative Code 
that implements New York's RACT regulations for the oil and gas CTG, 
including attendant revisions to 6 NYCRR Part 200, ``General 
Provisions,'' section 200.9, Table 1, ``Referenced material.''
    The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and/or 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 SIP, 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.\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 CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond

[[Page 52338]]

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 Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 382, 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 CAA; 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, this final rulemaking action, pertaining to New York's 
oil and gas sector control measures submission, 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).

List of Subjects in 40 CFR Part 52

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


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

Lisa Garcia,
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 amend the table in paragraph (c) by revising the 
entry ``Title 6, Part 200, Subpart 200.9'' and adding an entry for 
``Title 6, Part 203'' after the entry for ``Title 6, Part 202, Subpart 
202-2'', to read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                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 200.9  General Provisions,         3/18/22          8/25/22   EPA is
                                   Referenced                                            approving referenced
                                   material.                                             materials that
                                                                                         previously were not
                                                                                         Federally enforceable.
                                                                                         EPA approval
                                                                                         finalized at [INSERT FR
                                                                                         CITATION].
 
                                                  * * * * * * *
Title 6, Part 203...............  Oil and Natural Gas       3/18/2022          8/25/22   EPA approval
                                   Sector.                                               finalized at [INSERT FR
                                                                                         CITATION].
 
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[FR Doc. 2022-18323 Filed 8-24-22; 8:45 am]
BILLING CODE 6560-50-P