Approval and Promulgation of Air Quality Implementation Plans; New York; Update to Materials Incorporated by Reference

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; administrative change.

SUMMARY:

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the New York State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the New York State Department of Environmental Conservation and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), and the EPA Regional Office.

DATES:

This rule is effective April 20, 2016.

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 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866; and the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. To view the material at the Region 2 Office, EPA requests that you email the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Kirk J. Wieber, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th floor, New York, NY 10008-1866, telephone number (212) 637-3381, email: wieber.kirk@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

The SIP is a living document which a state revises as necessary to address its unique air pollution problems. Therefore, EPA, from time to time, must take action on SIP revisions containing new and/or revised regulations as being 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). 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. On July 15, 2011 (76 FR 41705), EPA published a document in the Federal Register beginning the revised IBR procedure for New York.

This Final Rule continues the revised IBR procedure for New York. In this document, EPA is publishing an updated set of tables listing the regulatory (i.e., IBR) materials in the New York SIP taking into account the additions, corrections and revisions to those materials previously submitted by the state agency and approved by EPA. We are removing the EPA Headquarters Library from paragraph (b)(3), as IBR materials are no longer available at this location. In addition, EPA has found errors in certain entries listed in 40 CFR 52.1670(c), as amended in the published IBR update actions listed above, and is correcting them in this document.

Since the July 15, 2011 publication of the new IBR procedure, EPA has approved changes to the following regulations and sections for New York:

A. Added Regulations

1. Additions of the following regulations or sections in Title 6 of the New York Code of Rules and Regulations:

a. Part 240, Conformity to State or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws, and

b. Part 241, Asphalt Pavement and Asphalt Based Surface Coating, and

c. Part 249, Best Available Retrofit Technology (BART).

2. Additions of the following regulations or sections in Title 19 of the New York Code of Rules and Regulations:

a. Part 937, Access to Publicly Available Records.

3. Additions of the following regulations or sections in the New York Environmental Conservation Law:

a. Section 19-0325.

4. Additions of the following regulations or sections in the New York Public Officers Law:

a. Section 73-a, Financial disclosure.

B. Revised Regulations

1. Revisions to the following regulations or sections in Title 6 of the New York Code of Rules and Regulations:

a. Part 200, General Provisions,

i. Subpart 200.1, and

ii. Subpart 200.9.

b. Part 205, Architectural and Industrial Maintenance (AIM) Coatings.

c. Part 211, General Prohibitions.

d. Part 212, General Process Emission.

e. Part 217, Motor Vehicle Emissions.

i. Subpart 217-1, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements Until December 31, 2010,

ii. Subpart 217-4, Inspection and Maintenance Program Audits Until December 31, 2010, and

iii. Subpart 217-6, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements Beginning January 1, 2011.

f. Part 220, Portland Cement Plants and Glass Plants.

g. Part 227, Stationary Combustion Installations,

i. Subpart 227-2, Reasonably Available Control Technology (RACT) For Major Facilities of Oxides of Nitrogen (NO_X).

h. Part 228, Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers.

i. Part 234, Graphic Arts.

2. Revisions to the following regulations in Title 15 of the New York Code of Rules and Regulations:

a. Part 79, Motor Vehicle Inspection Regulations

i. Sections 79.1-79.15, 79.17, 79.20, 79.21, 79.24, 79.25.

C. Added State Source Specific Requirements

1. Alcoa Massena Operations (West Plant)—Potline S-00001, Baking furnace S-00002, Package Boilers B-00001, Permit ID 6-4058-00003.

2. Arthur Kill Generating Station, NRG—Boiler 30, Permit ID 2-6403-00014.

3. Bowline Generating Station, GenOn—Boilers 1 and 2, Permit ID 3-3922-00003.

4. Con Edison 59th Street Station—Steam Boilers 114 and 115, Permit ID 2-6202-00032.

5. EF Barrett Power Station, NG—Boiler 2, Permit ID 1-2820-00553.

6. International Paper Ticonderoga Mill—Power Boiler and Recovery Furnace, Permit ID 5-1548-00008.

7. Kodak Operations at Eastman Business Park, Kodak—Boilers 41, 42 and 43, Permit ID 8-2614-00205.

8. Lafarge Building Materials—Kilns 1 and 2, Permit ID 4-0124-00001.

9. Lehigh Northeast Cement, Lehigh Cement—Kiln and Clinker cooler, Permit ID 5-5205-00013.

10. Northport Power Station, NG—Boilers 1, 2, 3, and 4, Permit ID 1-4726-00130.

11. Oswego Harbor Power, NRG—Boilers 5 and 6, Permit ID 7-3512-00030.

12. Owens-Corning Insulating Systems Feura Bush, Owens Corning—EU2, EU3, EU12, EU13, and EU14, Permit ID 4-0122-00004.

13. Ravenswood Generating Station, TC—Boilers 10, 20, 30, Permit ID 2-6304-00024.

14. Ravenswood Steam Plant, Con Edison—Boiler 2, Permit ID 2-6304-01378.

15. Roseton Generating Station-Dynegy—Boilers 1 and 2, Permit ID 3-3346-00075.

16. Samuel A Carlson Generating Station, Jamestown Board of Public Utilities—Boiler 12, Permit ID 9-0608-00053.

17. Syracuse Energy Corporation [GDF Suez]—Boiler 1, Permit ID 7-3132-00052.

II. EPA Action

In this action, EPA is announcing the update to the IBR material as of August 1, 2015. EPA has determined this 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). This rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect table entries.

III. Incorporation by Reference

In this rule, 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 New York regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

IV. Statutory and Executive Order Reviews

Under the Clean Air Act (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 those imposed by state law. For that reason, this action:

• Is not a “significant regulatory action” under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 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 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).

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).

EPA has also determined that the provisions of section 307(b)(1) of the CAA 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 compilations 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 this “Identification of plan” reorganization update action for the State of New York.

List of Subjects in 40 CFR Part 52

• Environmental protection
• Air pollution control
• Carbon monoxide
• Incorporation by reference
• Intergovernmental relations
• Lead
• Nitrogen dioxide
• Ozone
• Particulate matter
• Reporting and record keeping requirements
• Sulfur oxides
• Volatile organic compounds

For the reasons stated in the preamble, the Environmental Protection Agency amends 40 CFR part 52 as follows:

PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

1. The authority for citation for part 52 continues to read as follows:

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

Subpart HH—New York

2. In § 52.1670, paragraphs (b), (c), and (d) are revised to read as follows: