81_FR_23243 81 FR 23167 - Approval and Promulgation of Air Quality Implementation Plans; New York; Update to Materials Incorporated by Reference

81 FR 23167 - Approval and Promulgation of Air Quality Implementation Plans; New York; Update to Materials Incorporated by Reference

EVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 76 (April 20, 2016)

Page Range23167-23175
FR Document2016-08829

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.

Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Rules and Regulations]
[Pages 23167-23175]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08829]


-----------------------------------------------------------------------

EVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-2015-NY2; FRL-9935-51-Region 2]


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: 
[email protected].

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

[[Page 23168]]

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 (NOX).
    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);

[[Page 23169]]

     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.

    Dated: September 22, 2015.
Judith A. Enck,
Regional Administrator, Region 2.

    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

0
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


0
2. In Sec.  52.1670, paragraphs (b), (c), and (d) are revised to read 
as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to August 
1, 2015, was approved for incorporation by reference by the Director of 
the Federal 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 notification 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 August 1, 2015, 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 
August 1, 2015.
    (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; 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.
    (c) EPA approved regulations.

                                EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
                                                               State       EPA approval
         State citation               Title/subject       effective date       date              Comments
----------------------------------------------------------------------------------------------------------------
Title 6, Part 200, Subpart       General Provisions,              1/1/11         7/12/13   The word odor
 200.1.                           Definitions.                                             is removed from the
                                                                                           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.

[[Page 23170]]

 
                                                                                           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.
                                                                                           EPA approval
                                                                                           finalized at 78 FR
                                                                                           41846.
Title 6, Part 200, Subpart       General Provisions,             2/25/00         4/22/08   EPA approval
 200.6.                           Acceptable ambient air                                   finalized at 73 FR
                                  quality.                                                 21548.
Title 6, Part 200, Subpart       General Provisions,             2/25/00         4/22/08   EPA approval
 200.7.                           Maintenance of                                           finalized at 73 FR
                                  equipment.                                               21548.
Title 6, Part 200, Subpart       Referenced material....          1/1/11         7/12/13   EPA is
 200.9.                                                                                    approving reference
                                                                                           documents that are
                                                                                           not already Federally
                                                                                           enforceable.
                                                                                           EPA approval
                                                                                           finalized at 78 FR
                                                                                           41846.
Title 6, Part 201..............  Permits and                      4/4/93         10/3/05   This action
                                  Registrations.                                           removes subpart
                                                                                           201.5(e) from the
                                                                                           State's Federally
                                                                                           approved SIP.
                                                                                           EPA approval
                                                                                           finalized at 70 FR
                                                                                           57511.
Title 6, Part 201,Subpart 201-   Permits and                      3/5/09        11/17/10   EPA is
 2.1(b)(21).                      Registrations,                                           including the
                                  Definitions.                                             definition of ``Major
                                                                                           stationary source or
                                                                                           major source or major
                                                                                           facility'' with the
                                                                                           understanding that
                                                                                           the definition
                                                                                           applies only to
                                                                                           provisions of part
                                                                                           231.
                                                                                           EPA approval
                                                                                           finalized at 75 FR
                                                                                           70142.
Title 6, Part 201, Subpart 201-  Permits and                      7/7/96         10/3/05   EPA approval
 7.1.                             Registrations,                                           finalized at 70 FR
                                  Federally Enforceable                                    57511.
                                  Emission Caps.
Title 6, Part 201, Subpart 201-  Permits and                      7/7/96         10/3/05   EPA approval
 7.2.                             Registrations,                                           finalized at 70 FR
                                  Emission Capping Using                                   57511.
                                  Synthetic Minor
                                  Permits.
Title 6, Part 202..............  Emissions Testing,              3/24/79        11/12/81   EPA approval
                                  Sampling and                                             finalized at 46 FR
                                  Analytical                                               55690.
                                  Determinations.
Title 6, Part 202, Subpart 202-  Emission Statements....         5/29/05        10/31/07   Section 202-
 2.                                                                                        2.3(c)(9) requires
                                                                                           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.
                                                                                           EPA approval
                                                                                           finalized at 72 FR
                                                                                           61530.
Title 6, Part 204..............  NOX Budget Trading              2/25/00         5/22/01   Incorporates
                                  Program.                                                 NOX SIP Call and NOX
                                                                                           Budget Trading
                                                                                           Program for 2003 and
                                                                                           thereafter.
                                                                                           EPA approval
                                                                                           finalized at 66 FR
                                                                                           28063.
Title 6, Part 205..............  Architectural and                1/1/11          3/8/12   EPA approval
                                  Industrial Maintenance                                   finalized at 77 FR
                                  (AIM) Coatings.                                          13974.
Title 6, Part 207..............  Control Measures for an         2/22/79        11/12/81   EPA approval
                                  Air Pollution Episode.                                   finalized at 46 FR
                                                                                           55690.
Title 6, Part 211..............  General Prohibitions...          1/1/11          3/8/12   Section 211.1
                                                                                           (previously numbered
                                                                                           211.2) is not part of
                                                                                           the approved plan.
                                                                                           (see 11/27/98, 63 FR
                                                                                           65559).
                                                                                           EPA approval
                                                                                           finalized at 77 FR
                                                                                           13974.
Title 6, Part 212..............  General Process                 9/30/10         7/12/13   SIP revisions
                                  Emission Sources.                                        submitted in
                                                                                           accordance with Sec.
                                                                                            212.10(c)(3) and
                                                                                           212.12(c) are
                                                                                           effective only if
                                                                                           approved by EPA.
                                                                                           EPA approval
                                                                                           finalized at 78 FR
                                                                                           41846.
Title 6, Part 213..............  Contaminant Emissions            5/1/72         9/22/72   EPA approval
                                  from Ferrous Jobbing                                     finalized at 37 FR
                                  Foundries.                                               19814.
Title 6, Part 214..............  By-Product Coke Oven            9/22/94         7/20/06   EPA approval
                                  Batteries.                                               finalized at 71 FR
                                                                                           41163.

[[Page 23171]]

 
Title 6, Part 215..............  Open Fires.............         6/16/72         9/22/72   EPA approval
                                                                                           finalized at 37 FR
                                                                                           19814.
Title 6, Part 216..............  Iron and/or Steel               9/22/94         7/20/06   EPA approval
                                  Processes.                                               finalized at 71 FR
                                                                                           41163.
Title 6, Part 217, Subpart 217-  Motor Vehicle                   12/5/10         2/28/12   EPA approval
 1.                               Emissions, Motor                                         finalized at 77 FR
                                  Vehicle Enhanced                                         11742.
                                  Inspection and
                                  Maintenance Program
                                  Requirements Until
                                  December 31, 2010.
Title 6, Part 217, Subpart 217-  Motor Vehicle                   12/5/10         2/28/12   EPA approval
 4.                               Emissions, Inspection                                    finalized at 77 FR
                                  and Maintenance                                          11742.
                                  Program Audits Until
                                  December 31, 2010.
Title 6, Part 217, Subpart 217-  Motor Vehicle                   12/5/10         2/28/12   EPA approval
 6.                               Emissions, Motor                                         finalized at 77 FR
                                  Vehicle Enhanced                                         11742.
                                  Inspection and
                                  Maintenance Program
                                  Requirements Beginning
                                  January 1, 2011.
Title 6, Part 218, Subpart 218-  Emission Standards for         12/28/00         1/31/05   EPA's
 1.                               Motor Vehicles and                                       approval of part 218
                                  Motor Vehicle Engines,                                   only applies to light-
                                  Applicability and                                        duty vehicles.
                                  Definitions.                                             EPA approval
                                                                                           finalized at 70 FR
                                                                                           4773.
Title 6, Part 218, Subpart 218-  Emission Standards for         12/28/00         1/31/05   EPA's
 2.                               Motor Vehicles and                                       approval of part 218
                                  Motor Vehicle Engines,                                   only applies to light-
                                  Certification and                                        duty vehicles.
                                  Prohibitions.
                                                                                           EPA approval
                                                                                           finalized at 70 FR
                                                                                           4773.
Title 6, Part 218, Subpart 218-  Emission Standards for         12/28/00         1/31/05   EPA's
 3.                               Motor Vehicles and                                       approval of part 218
                                  Motor Vehicle Engines,                                   only applies to light-
                                  Fleet Average.                                           duty vehicles.
                                                                                           EPA approval
                                                                                           finalized at 70 FR
                                                                                           4773.
Title 6, Part 218, Subpart 218-  Emission Standards for          5/28/92          1/6/95   EPA's
 4.                               Motor Vehicles and                                       approval of part 218
                                  Motor Vehicle Engines,                                   only applies to light-
                                  Zero Emissions Vehicle                                   duty vehicles.
                                  Sales Mandate.
                                                                                           EPA approval
                                                                                           finalized at 60 FR
                                                                                           2025.
Title 6, Part 218, Subpart 218-  Emission Standards for         12/28/00         1/31/05   EPA's
 5.                               Motor Vehicles and                                       approval of part 218
                                  Motor Vehicle Engines,                                   only applies to light-
                                  Testing.                                                 duty vehicles.
                                                                                           EPA approval
                                                                                           finalized at 70 FR
                                                                                           4773.
Title 6, Part 218, Subpart 218-  Emission Standards for         12/28/00         1/31/05   EPA's
 6.                               Motor Vehicles and                                       approval of part 218
                                  Motor Surveillance.                                      only applies to light-
                                                                                           duty vehicles.
                                                                                           EPA approval
                                                                                           finalized at 70 FR
                                                                                           4773.
Title 6, Part 218, Subpart 218-  Emission Standards for         12/28/00         1/31/05   EPA's
 7.                               Motor Vehicles and                                       approval of part 218
                                  Motor Vehicle Engines,                                   only applies to light-
                                  Aftermarket Parts.                                       duty vehicles.
                                                                                           EPA approval
                                                                                           finalized at 70 FR
                                                                                           4773.
Title 6, Part 218, Subpart 218-  Emission Standards for         12/28/00         1/31/05   EPA's
 8.                               Motor Vehicles and                                       approval of part 218
                                  Motor Vehicle Engines,                                   only applies to light-
                                  Severability.                                            duty vehicles.
                                                                                           EPA approval
                                                                                           finalized at 70 FR
                                                                                           4773.
Title 6, Part 219..............  Incinerators...........          5/1/72         9/22/72   EPA approval
                                                                                           finalized at 37 FR
                                                                                           19814.
Title 6, Part 220..............  Portland Cement Plants          7/11/10         7/12/13   SIP revisions
                                  and Glass Plants.                                        submitted in
                                                                                           accordance with Sec.
                                                                                            220-1.6(b)(4) and
                                                                                           220-2.3(a)(4) are
                                                                                           effective only if
                                                                                           approved by EPA.
                                                                                           EPA approval
                                                                                           finalized at 78 FR
                                                                                           41846.
Title 6, Part 222..............  Incinerators--New York          6/17/72         9/22/72   EPA approval
                                  City, Nassau and                                         finalized at 37 FR
                                  Westchester Counties.                                    19814.
Title 6, Part 223..............  Petroleum Refineries...          8/9/84         7/19/85   EPA approval
                                                                                           finalized at 50 FR
                                                                                           29382.
Title 6, Part 224..............  Sulfuric and Nitric             5/10/84         7/19/85   Variances
                                  Acid Plants.                                             adopted by the State
                                                                                           pursuant to Part
                                                                                           224.6(b) become
                                                                                           applicable only if
                                                                                           approved by EPA as
                                                                                           SIP revisions.
                                                                                           EPA approval
                                                                                           finalized at 50 FR
                                                                                           29382.
Title 6, Part 225, Subpart 225-  Fuel Composition and            3/24/79        11/12/81   Variances
 1.                               Use-Sulfur Limitations.                                  adopted by the State
                                                                                           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)).
                                                                                           EPA approval
                                                                                           finalized at 46 FR
                                                                                           55690.
Title 6, Part 225, Subpart 225-  Fuel Composition and            7/28/83          8/2/84   EPA approval
 2.                               Use-Waste Fuel.                                          finalized at 49 FR
                                                                                           30936.

[[Page 23172]]

 
Title 6, Part 225, Subpart 225-  Fuel Composition and            11/4/01          9/8/05   The Variance
 3.                               Use-Gasoline.                                            adopted by the State
                                                                                           pursuant to section
                                                                                           225-3.5 becomes
                                                                                           applicable only if
                                                                                           approved by EPA as a
                                                                                           SIP revision.
                                                                                           EPA approval
                                                                                           finalized at 70 FR
                                                                                           53304.
Title 6, Part 226..............  Solvent Metal Cleaning           5/7/03         1/23/04   EPA approval
                                  Processes.                                               finalized at 69 FR
                                                                                           3237.
Title 6, Part 227, Subpart       Stationary Combustion            5/1/72         9/22/72   1972 version.
 227.2(b)(1).                     Installations.                                           EPA approval
                                                                                           finalized at 37 FR
                                                                                           19814.
Title 6, Part 227,Subpart 227-1  Stationary Combustion           2/25/00         5/22/01   Existing Part
                                  Installations.                                           227 is renumbered
                                                                                           Subpart 227-1.
                                                                                           Renumbered
                                                                                           sections 227-
                                                                                           1.2(a)(2), 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.).
                                                                                           EPA approval
                                                                                           finalized at 66 FR
                                                                                           28063.
Title 6, Part 227,Subpart 227-2  Stationary Combustion            7/8/10         7/12/13   SIP revisions
                                  Installations,                                           submitted in
                                  Reasonably Available                                     accordance with Sec.
                                  Control Technology                                        227-2.3(c) are
                                  (RACT) For Major                                         effective only if
                                  Facilities of Oxides                                     approved by EPA.
                                  of Nitrogen (NOX).                                       EPA approval
                                                                                           finalized at 78 FR
                                                                                           41846.
Title 6, Part 227,Subpart 227-3  Stationary Combustion            3/5/99         5/22/01   Approval of
                                  Installations, Pre-                                      NOX Budget Trading
                                  2003 Nitrogen Oxides                                     Program for 1999,
                                  Emissions Budget and                                     2000, 2001 and 2002.
                                  Allowance Program.                                       NOX caps in the State
                                                                                           during 2003 and
                                                                                           thereafter
                                                                                           established in Part
                                                                                           204.
                                                                                           EPA approval
                                                                                           finalized at 66 FR
                                                                                           28063.
Title 6, Part 228..............  Surface Coating                  6/5/13          3/4/14   EPA approval
                                  Processes, Commercial                                    finalized at 79 FR
                                  and Industrial                                           12082.
                                  Adhesives, Sealants
                                  and Primers.
Title 6, Part 229..............  Petroleum and Volatile           4/4/93        12/23/97   SIP revisions
                                  Organic Liquid Storage                                   submitted in
                                  and Transfer.                                            accordance with
                                                                                           Section 229.3(g)(1)
                                                                                           are effective only if
                                                                                           approved by EPA.
                                                                                           EPA approval
                                                                                           finalized at 62 FR
                                                                                           67006.
Title 6, Part 230..............  Gasoline Dispensing             9/22/94         4/30/98   EPA approval
                                  Sites and Transport                                      finalized at 63 FR
                                  Vehicles.                                                23668.
Title 6, Part 231..............  New Source Review for            3/5/09        11/17/10   Partial
                                  New and Modified                                         approval; no action
                                  Facilities.                                              taken on 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).
                                                                                           EPA approval
                                                                                           finalized at 75 FR
                                                                                           70140.
Title 6, Part 232..............  Dry Cleaning...........         8/11/83         6/17/85   EPA has not
                                                                                           determined that Sec.
                                                                                            232.3(a) provides
                                                                                           for reasonably
                                                                                           available control
                                                                                           technology.
                                                                                           EPA approval
                                                                                           finalized at 50 FR
                                                                                           25079.
Title 6, Part 233..............  Pharmaceutical and               4/4/93        12/23/97   SIP revisions
                                  Cosmetic Manufacturing                                   submitted in
                                  Processes.                                               accordance with
                                                                                           Section 223.3(h)(1)
                                                                                           are effective only if
                                                                                           approved by EPA.
                                                                                           EPA approval
                                                                                           finalized at 62 FR
                                                                                           67006.
Title 6, Part 234..............  Graphic Arts...........          7/8/10          3/8/12   SIP revisions
                                                                                           submitted in
                                                                                           accordance with Sec.
                                                                                            234.3(f) are
                                                                                           effective only if
                                                                                           approved by EPA.
                                                                                           EPA approval
                                                                                           finalized at 77 FR
                                                                                           13974.
Title 6, Part 235..............  Consumer Products......        10/15/09         5/28/10   EPA approval
                                                                                           finalized at 75 FR
                                                                                           29897.

[[Page 23173]]

 
Title 6, Part 236..............  Synthetic Organic               1/12/92         7/27/93   Variances
                                  Chemical Manufacturing                                   adopted by the State
                                  Facility Component                                       pursuant to Part
                                  Leaks.                                                   236.6(e)(3) become
                                                                                           applicable only if
                                                                                           approved by EPA as a
                                                                                           SIP revision.
                                                                                           EPA approval
                                                                                           finalized at 58 FR
                                                                                           40059.
Title 6, Part 239..............  Portable Fuel Container         7/30/09         5/28/10   The specific
                                  Spillage Control.                                        application of
                                                                                           provisions associated
                                                                                           with alternate test
                                                                                           methods, variances
                                                                                           and innovative
                                                                                           products, must be
                                                                                           submitted to EPA as
                                                                                           SIP revisions.
                                                                                           EPA approval
                                                                                           finalized at 75 FR
                                                                                           29897.
Title 6, Part 240, Subpart 240-  Transportation                  9/13/13         7/29/14   EPA approval
 1.                               Conformity,                                              finalized at 79 FR
                                  Transportation                                           43945.
                                  Conformity General
                                  Provisions.
Title 6, Part 240, Subpart 240-  Transportation                  9/13/13         7/29/14   EPA approval
 2.                               Conformity,                                              finalized at 79 FR
                                  Consultation.                                            43945.
Title 6, Part 240, Subpart 240-  Transportation                  9/13/13         7/29/14   EPA approval
 3.                               Conformity, Regional                                     finalized at 79 FR
                                  Transportation-Related                                   43945.
                                  Emissions and
                                  Enforceability.
Title 6, Part 241..............  Asphalt Pavement and             1/1/11          3/8/12   EPA approval
                                  Asphalt Based Surface                                    finalized at 77 FR
                                  Coating.                                                 13974.
Title 6, Part 243..............  CAIR NOX Ozone Season          10/19/07         1/24/08   EPA approval
                                  Trading Program.                                         finalized at 73 FR
                                                                                           4112.
Title 6, Part 244..............  CAIR NOX Annual Trading        10/19/07         1/24/08   EPA approval
                                  Program.                                                 finalized at 73 FR
                                                                                           4112.
Title 6, Part 245..............  CAIR SO2Trading Program        10/19/07         1/24/08   EPA approval
                                                                                           finalized at 73 FR
                                                                                           4112.
Title 6, Part 249..............  Best Available Retrofit          5/6/10         8/28/12   EPA approval
                                  Technology (BART).                                       finalized at 77 FR
                                                                                           51915.
Title 15, Part 79, Subparts      Motor Vehicle                  12/29/10         2/28/12   EPA approval
 79.1-79.15, 79.17, 79.20,        Inspection Regulations.                                  finalized at 77 FR
 79.21, 79.24, 79.25.                                                                      11742.
Title 19, Part 937.............  Access To Publicly              8/27/12         6/20/13   Only subpart
                                  Available Records.                                       937.1(a) is approved
                                                                                           into the SIP and is
                                                                                           for the limited
                                                                                           purpose of satisfying
                                                                                           Clean Air Act Section
                                                                                           128(a)(2).
                                                                                           EPA approval
                                                                                           finalized at 78 FR
                                                                                           37124.
Section 19-0325................  Environmental                   7/15/10         8/28/12   EPA approval
                                  Conservation Law,                                        finalized at 77 FR
                                  Sulfur reduction                                         51915.
                                  requirements.
Section 73-a...................  Public Officers Law,            8/15/11         6/20/13   Only
                                  Financial disclosure.                                    subsections 73-
                                                                                           a(2)(a)(i) and (ii)
                                                                                           are approved into the
                                                                                           SIP and are for the
                                                                                           limited purpose of
                                                                                           satisfying Clean Air
                                                                                           Act Section
                                                                                           128(a)(2).
                                                                                           EPA approval
                                                                                           finalized at 78 FR
                                                                                           37124.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved State source-specific requirements.

                                EPA-Approved New York Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                                             State       EPA approval
          Name of source              Identifier No.    effective date       date               Comments
----------------------------------------------------------------------------------------------------------------
Dunlop Tire and Rubber             Consent Order 81-           8/19/81         1/26/84   Part 212 VOC
 Corporation.                       36, 9-0420.                                          RACT Compliance Plan.
                                                                                         Green tire
                                                                                         spraying, bead dipping,
                                                                                         and under tread and
                                                                                         tread end cementing
                                                                                         processes.
                                                                                         EPA approval
                                                                                         finalized at 49 FR
                                                                                         3436.
Dunlop Tire and Rubber             Consent Order 81-           1/29/82         1/26/84   Part 212 VOC
 Corporation.                       36, 9-0420,                                          RACT Compliance Plan.
                                    Amendment Letter 1.                                  Green tire
                                                                                         spraying, bead dipping,
                                                                                         and under tread and
                                                                                         tread end cementing
                                                                                         processes.
                                                                                         EPA approval
                                                                                         finalized at 49 FR
                                                                                         3436.
Dunlop Tire and Rubber             Consent Order 81-            3/3/82         1/26/84   Part 212 VOC
 Corporation.                       36, 9-0420,                                          RACT Compliance Plan.
                                    Amendment Letter 2.                                  Green tire
                                                                                         spraying, bead dipping,
                                                                                         and under tread and
                                                                                         tread end cementing
                                                                                         processes.
                                                                                         EPA approval
                                                                                         finalized at 49 FR
                                                                                         3436.

[[Page 23174]]

 
Morton International Inc.........  A563203003500027C..          9/1/95         9/23/97   Part 227-2, NOX
                                                                                         RACT determination.
                                                                                         Emission point
                                                                                         00027.
                                                                                         EPA approval
                                                                                         finalized at 62 FR
                                                                                         49617.
Morton International Inc.........  A563203003500027C,          8/23/95         9/23/97   Part 227-2, NOX
                                    Special Conditions.                                  RACT determination.
                                                                                         Emission point
                                                                                         00027.
                                                                                         EPA approval
                                                                                         finalized at 62 FR
                                                                                         49617.
University of Rochester..........  8-2614-00548/00006-         4/25/96         9/23/97   Part 227-2, NOX
                                    0.                                                   RACT determination.
                                                                                         Emission points
                                                                                         00003 and 0005.
                                                                                         EPA approval
                                                                                         finalized at 62 FR
                                                                                         49617.
University of Rochester..........  8-2614-00548/00006-         3/19/96         9/23/97   Part 227-2, NOX
                                    0, Special                                           RACT determination.
                                    Conditions.                                          Emission points
                                                                                         00003 and 0005.
                                                                                         EPA approval
                                                                                         finalized at 62 FR
                                                                                         49617.
Algonquin Gas Transmission         3-3928-1/9-0.......         9/23/91         9/23/97   Part 227-2, NOX
 Company.                                                                                RACT determination.
                                                                                         Emission Points
                                                                                         R0100, R0200, R0300,
                                                                                         and R0400.
                                                                                         Permit and
                                                                                         Special Conditions.
                                                                                         EPA approval
                                                                                         finalized at 62 FR
                                                                                         49617.
Algonquin Gas Transmission         3-3928, Special             3/18/96         9/23/97   Part 227-2, NOX
 Company.                           Conditions.                                          RACT determination.
                                                                                         Emission Points
                                                                                         R0100, R0200, R0300.
                                                                                         EPA approval
                                                                                         finalized at 62 FR
                                                                                         49617.
Algonquin Gas Transmission         3-3928-00001/00013.         3/29/96         9/23/97   Part 227-2, NOX
 Company.                                                                                RACT determination.
                                                                                         Emission Point
                                                                                         R0400.
                                                                                         EPA approval
                                                                                         finalized at 62 FR
                                                                                         49617.
Algonquin Gas Transmission         3-39228-00001/               8/8/96         9/23/97   Permit
 Company.                           00010,11,12,13.                                      Correction.
                                                                                         Part 227-2, NOX
                                                                                         RACT determination.
                                                                                         Emission Points
                                                                                         R0100, R0200, R0300,
                                                                                         and R0400.
                                                                                         EPA approval
                                                                                         finalized at 62 FR
                                                                                         49617.
Tenneco Gas Corporation's (also    144000.............         8/22/95         7/21/03   Part 227-2, NOX
 known as Tenneco Gas Pipeline                                                           RACT determination.
 Company and Tennessee Gas                                                               Compressor
 Pipeline Company).                                                                      Station 229.
                                                                                         Emission Points
                                                                                         0001A through 0006A.
                                                                                         EPA approval
                                                                                         finalized at 68 FR
                                                                                         42981.
Tenneco Gas Corporation's (also    215600, Special             2/24/97         7/21/03   Part 227-2, NOX
 known as Tenneco Gas Pipeline      Conditions.                                          RACT determination.
 Company and Tennessee Gas                                                               Compressor
 Pipeline Company).                                                                      Station 245.
                                                                                         Emission Points
                                                                                         00001 through 00006.
                                                                                         EPA approval
                                                                                         finalized at 68 FR
                                                                                         42981.
Tenneco Gas Corporation's (also    102600.............         10/4/95         7/21/03   Part 227-2, NOX
 known as Tenneco Gas Pipeline                                                           RACT determination.
 Company and Tennessee Gas                                                               Compressor
 Pipeline Company).                                                                      Station 254.
                                                                                         Emission Points
                                                                                         00001 through 00006.
                                                                                         EPA approval
                                                                                         finalized at 68 FR
                                                                                         42981.
Tenneco Gas Corporation's (also    102600,Special              9/15/95         7/21/03   Part 227-2, NOX
 known as Tenneco Gas Pipeline      Conditions.                                          RACT determination.
 Company and Tennessee Gas                                                               Compressor
 Pipeline Company).                                                                      Station 254.
                                                                                         Emission Points
                                                                                         00001 through 00006.
                                                                                         EPA approval
                                                                                         finalized at 68 FR
                                                                                         42981.
General Chemical Corporation.....  7-3132-00009/00012.        12/16/97          7/1/04   Part 212, NOX
                                                                                         RACT determination. 6/
                                                                                         23/05 letter informing
                                                                                         NYSDEC that the
                                                                                         approval will
                                                                                         automatically convert
                                                                                         to a disapproval.
                                                                                         Emission Points
                                                                                         0SN1A and 0SN1B.
                                                                                         EPA approval
                                                                                         finalized at 69 FR
                                                                                         39858.
ALCOA Massena Operations (West     6-4058-00003.......         3/20/12         8/28/12   Part 249 BART.
 Plant).                                                                                 Emission Points
                                                                                         Potline S-00001, Baking
                                                                                         furnace S-00002,
                                                                                         Package Boilers B-
                                                                                         00001.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Arthur Kill Generating Station,    2-6403-00014.......         3/20/12         8/28/12   Part 249 BART.
 NRG.                                                                                    Boiler 30.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Bowline Generating Station, GenOn  3-3922-00003.......         6/28/12         8/28/12   Part 249 BART.
                                                                                         Boilers 1 and
                                                                                         2.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Con Edison 59th Street Station...  2-6202-00032.......         3/20/12         8/28/12   Part 249 BART.
                                                                                         Steam Boilers
                                                                                         114 and 115.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.

[[Page 23175]]

 
EF Barrett Power Station, NG.....  1-2820-00553.......         3/27/12         8/28/12   Part 249 BART.
                                                                                         Boiler 2.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
International Paper Ticonderoga    5-1548-00008.......         3/19/12         8/28/12   Part 249 BART.
 Mill.                                                                                   Power Boiler
                                                                                         and Recovery Furnace.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Kodak Operations at Eastman        8-2614-00205.......         5/25/12         8/28/12   Part 249 BART.
 Business Park, Kodak.                                                                   Boilers 41, 42
                                                                                         and 43.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Lafarge Building Materials.......  4-0124-00001.......         7/19/11         8/28/12   Condition 12-
                                                                                         14.
                                                                                         Kilns 1 and 2.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Lehigh Northeast Cement, Lehigh    5-5205-00013.......          7/5/12         8/28/12   Part 220 and
 Cement.                                                                                 Part 249 BART.
                                                                                         Kiln and
                                                                                         Clinker cooler.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Northport Power Station, NG......  1-4726-00130.......         3/27/12         8/28/12   Part 249 BART.
                                                                                         Boilers 1, 2,
                                                                                         3, and 4.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Oswego Harbor Power, NRG.........  7-3512-00030.......         5/16/12         8/28/12   Part 249 BART.
                                                                                         Boilers 5 and
                                                                                         6.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Owens-Corning Insulating Systems   4-0122-00004.......         5/18/12         8/28/12   Part 249 BART.
 Feura Bush, Owens Corning.                                                              EU2, EU3, EU12,
                                                                                         EU13, and EU14.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Ravenswood Generating Station, TC  2-6304-00024.......          4/6/12         8/28/12   Part 249 BART.
                                                                                         Boilers 10, 20,
                                                                                         30.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Ravenswood Steam Plant, Con        2-6304-01378.......         3/20/12        8/28/12,   Part 249 BART.
 Edison.                                                                                 Boiler 2.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Roseton Generating Station-Dynegy  3-3346-00075.......        11/02/11         8/28/12   Excluding the
                                                                                         SO2 BART emissions
                                                                                         limits for Boilers 1
                                                                                         and 2 and corresponding
                                                                                         monitoring,
                                                                                         recordkeeping, and
                                                                                         reporting requirements,
                                                                                         which EPA disapproved.
                                                                                         Boilers 1 and
                                                                                         2.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Samuel A Carlson Generating        9-0608-00053.......          2/8/12         8/28/12   Part 249 BART.
 Station, James town Board of                                                            Boiler 12.
 Public Utilities.                                                                       EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
Syracuse Energy Corporation [GDF   7-3132-00052.......         5/24/12         8/28/12   Part 249 BART.
 Suez].                                                                                  Boiler 1.
                                                                                         EPA approval
                                                                                         finalized at 77 FR
                                                                                         51915.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-08829 Filed 4-19-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations                                                               23167

                                           PART 52—[AMENDED]                                                Subpart UU—Vermont                                           § 52.2370    Identification of plan.
                                                                                                                                                                         *       *    *        *    *
                                           ■ 1. The authority citation for part 52                          ■ 2. In § 52.2370, the table in paragraph
                                                                                                            (c) is amended by revising entries for                           (c) * * *
                                           continues to read as follows:
                                                                                                            Sections 5–101, 5–253.2, 5–253.3, and
                                               Authority: 42 U.S.C. 7401 et seq.                            5–253.5 to read as follows:

                                                                                                          EPA-APPROVED VERMONT REGULATIONS
                                                                                                                                 State                        EPA approval
                                                 State citation                         Title/subject                           effective                                                          Explanations
                                                                                                                                                                 date
                                                                                                                                  date


                                                    *                          *                              *                          *                         *                     *                     *
                                           Section 5–101 ...........     Definitions ...................................           12/29/14        April 20, 2016 [Insert Federal       Revised definitions for ‘‘bulk
                                                                                                                                                     Register citation].                  gasoline terminal’’ and ‘‘vapor
                                                                                                                                                                                          balance system.’’.

                                                    *                         *                    *                                     *                         *                       *                    *
                                           Section 5–253.2 ........      Bulk Gasoline Terminals ............                      12/29/14        April 20, 2016 [Insert Federal
                                                                                                                                                     Register citation].
                                           Section 5–253.3 ........      Bulk Gasoline Plants ..................                   12/29/14        April 20, 2016 [Insert Federal
                                                                                                                                                     Register citation].

                                                    *                          *                 *                                       *                         *                       *                    *
                                           Section 5–253.5 ........      Stage I Vapor Recovery Con-                               12/29/14        April 20, 2016 [Insert Federal
                                                                           trols at Gasoline Dispensing                                              Register citation].
                                                                           Facilities.

                                                       *                         *                              *                           *                       *                      *                    *



                                           *       *       *       *      *                                 ADDRESSES:    SIP materials which are                        description of the revised SIP
                                           [FR Doc. 2016–09068 Filed 4–19–16; 8:45 am]                      incorporated by reference into 40 CFR                        document, IBR procedures and
                                           BILLING CODE 6560–50–P                                           part 52 are available for inspection at                      ‘‘Identification of plan’’ format are
                                                                                                            the following locations: Environmental                       discussed in further detail in the May
                                                                                                            Protection Agency, Region 2 Office, Air                      22, 1997 Federal Register document. On
                                           EVIRONMENTAL PROTECTION                                          Programs Branch, 290 Broadway, 25th                          July 15, 2011 (76 FR 41705), EPA
                                           AGENCY                                                           Floor, New York, New York 10007–                             published a document in the Federal
                                                                                                            1866; and the National Archives and                          Register beginning the revised IBR
                                           40 CFR Part 52                                                   Records Administration (NARA). For                           procedure for New York.
                                           [EPA–R02–2015–NY2; FRL–9935–51–                                  information on the availability of this                         This Final Rule continues the revised
                                           Region 2]                                                        material at NARA, call 202–741–6030,                         IBR procedure for New York. In this
                                                                                                            or go to: www.archives.gov/federal-                          document, EPA is publishing an
                                           Approval and Promulgation of Air                                 register/cfr/ibr-locations.html. To view                     updated set of tables listing the
                                           Quality Implementation Plans; New                                the material at the Region 2 Office, EPA                     regulatory (i.e., IBR) materials in the
                                           York; Update to Materials Incorporated                           requests that you email the contact                          New York SIP taking into account the
                                           by Reference                                                     listed in the FOR FURTHER INFORMATION                        additions, corrections and revisions to
                                                                                                            CONTACT section.                                             those materials previously submitted by
                                           AGENCY:  Environmental Protection                                FOR FURTHER INFORMATION CONTACT: Kirk                        the state agency and approved by EPA.
                                           Agency (EPA).                                                    J. Wieber, Air Programs Branch,                              We are removing the EPA Headquarters
                                           ACTION: Final rule; administrative                               Environmental Protection Agency, 290                         Library from paragraph (b)(3), as IBR
                                           change.                                                          Broadway, 25th floor, New York, NY                           materials are no longer available at this
                                                                                                            10008–1866, telephone number (212)                           location. In addition, EPA has found
                                           SUMMARY:   The Environmental Protection                          637–3381, email: wieber.kirk@epa.gov.                        errors in certain entries listed in 40 CFR
                                           Agency (EPA) is updating the materials                                                                                        52.1670(c), as amended in the published
                                                                                                            SUPPLEMENTARY INFORMATION:
                                           that are incorporated by reference (IBR)                                                                                      IBR update actions listed above, and is
                                           into the New York State Implementation                           I. Background                                                correcting them in this document.
                                           Plan (SIP). The regulations affected by                             The SIP is a living document which                           Since the July 15, 2011 publication of
                                           this update have been previously                                 a state revises as necessary to address its                  the new IBR procedure, EPA has
                                           submitted by the New York State                                  unique air pollution problems.                               approved changes to the following
                                           Department of Environmental                                      Therefore, EPA, from time to time, must                      regulations and sections for New York:
                                           Conservation and approved by EPA.                                take action on SIP revisions containing
                                           This update affects the SIP materials                            new and/or revised regulations as being                      A. Added Regulations
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                                           that are available for public inspection                         part of the SIP. On May 22, 1997 (62 FR                        1. Additions of the following
                                           at the National Archives and Records                             27968), EPA revised the procedures for                       regulations or sections in Title 6 of the
                                           Administration (NARA), and the EPA                               incorporating by reference Federally-                        New York Code of Rules and
                                           Regional Office.                                                 approved SIPs, as a result of                                Regulations:
                                           DATES: This rule is effective April 20,                          consultations between EPA and the                              a. Part 240, Conformity to State or
                                           2016.                                                            Office of the Federal Register (OFR). The                    Federal Implementation Plans of


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                                           23168            Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations

                                           Transportation Plans, Programs and                           furnace S–00002, Package Boilers                 APA, an agency may find good cause
                                           Projects Developed, Funded or                                B–00001, Permit ID 6–4058–00003.                 where procedures are ‘‘impractical,
                                           Approved Under Title 23 U.S.C. or the                   2. Arthur Kill Generating Station,                    unnecessary, or contrary to the public
                                           Federal Transit Laws, and                                    NRG—Boiler 30, Permit ID 2–6403–                 interest.’’ Public comment is
                                             b. Part 241, Asphalt Pavement and                          00014.                                           ‘‘unnecessary’’ and ‘‘contrary to the
                                           Asphalt Based Surface Coating, and                      3. Bowline Generating Station, GenOn—                 public interest’’ since the codification
                                             c. Part 249, Best Available Retrofit                       Boilers 1 and 2, Permit ID 3–3922–               only reflects existing law. Immediate
                                           Technology (BART).                                           00003.                                           notice in the CFR benefits the public by
                                             2. Additions of the following                         4. Con Edison 59th Street Station—                    removing outdated citations and
                                           regulations or sections in Title 19 of the                   Steam Boilers 114 and 115, Permit                incorrect table entries.
                                           New York Code of Rules and                                   ID 2–6202–00032.
                                           Regulations:                                            5. EF Barrett Power Station, NG—Boiler                III. Incorporation by Reference
                                             a. Part 937, Access to Publicly                            2, Permit ID 1–2820–00553.                          In this rule, EPA is finalizing
                                           Available Records.                                      6. International Paper Ticonderoga                    regulatory text that includes
                                             3. Additions of the following                              Mill—Power Boiler and Recovery                   incorporation by reference. In
                                           regulations or sections in the New York                      Furnace, Permit ID 5–1548–00008.                 accordance with requirements of 1 CFR
                                           Environmental Conservation Law:                         7. Kodak Operations at Eastman                        51.5, EPA is finalizing the incorporation
                                             a. Section 19–0325.                                        Business Park, Kodak—Boilers 41,                 by reference of the New York
                                             4. Additions of the following                              42 and 43, Permit ID 8–2614–00205.               regulations described in the
                                           regulations or sections in the New York                 8. Lafarge Building Materials—Kilns 1                 amendments to 40 CFR part 52 set forth
                                           Public Officers Law:                                         and 2, Permit ID 4–0124–00001.
                                             a. Section 73–a, Financial disclosure.                                                                      below. EPA has made, and will continue
                                                                                                   9. Lehigh Northeast Cement, Lehigh                    to make, these documents generally
                                           B. Revised Regulations                                       Cement—Kiln and Clinker cooler,                  available electronically through
                                             1. Revisions to the following                              Permit ID 5–5205–00013.                          www.regulations.gov and/or at the
                                           regulations or sections in Title 6 of the               10. Northport Power Station, NG—                      appropriate EPA office (see the
                                           New York Code of Rules and                                   Boilers 1, 2, 3, and 4, Permit ID 1–             ADDRESSES section of this preamble for
                                           Regulations:                                                 4726–00130.                                      more information).
                                             a. Part 200, General Provisions,                      11. Oswego Harbor Power, NRG—
                                                                                                        Boilers 5 and 6, Permit ID 7–3512–               IV. Statutory and Executive Order
                                             i. Subpart 200.1, and                                                                                       Reviews
                                             ii. Subpart 200.9.                                         00030.
                                             b. Part 205, Architectural and                        12. Owens-Corning Insulating Systems                     Under the Clean Air Act (CAA), the
                                           Industrial Maintenance (AIM) Coatings.                       Feura Bush, Owens Corning—EU2,                   Administrator is required to approve a
                                             c. Part 211, General Prohibitions.                         EU3, EU12, EU13, and EU14,                       SIP submission that complies with the
                                             d. Part 212, General Process Emission.                     Permit ID 4–0122–00004.                          provisions of the CAA and applicable
                                             e. Part 217, Motor Vehicle Emissions.                 13. Ravenswood Generating Station,                    Federal regulations. 42 U.S.C. 7410(k);
                                             i. Subpart 217–1, Motor Vehicle                            TC—Boilers 10, 20, 30, Permit ID 2–              40 CFR 52.02(a). Thus, in reviewing SIP
                                           Enhanced Inspection and Maintenance                          6304–00024.                                      submissions, EPA’s role is to approve
                                           Program Requirements Until December                     14. Ravenswood Steam Plant, Con                       state choices, provided that they meet
                                           31, 2010,                                                    Edison—Boiler 2, Permit ID 2–                    the criteria of the CAA. Accordingly,
                                             ii. Subpart 217–4, Inspection and                          6304–01378.                                      this action merely approves state law as
                                           Maintenance Program Audits Until                        15. Roseton Generating Station-                       meeting Federal requirements and does
                                           December 31, 2010, and                                       Dynegy—Boilers 1 and 2, Permit ID                not impose additional requirements
                                             iii. Subpart 217–6, Motor Vehicle                          3–3346–00075.                                    beyond those imposed by state law. For
                                           Enhanced Inspection and Maintenance                     16. Samuel A Carlson Generating                       that reason, this action:
                                           Program Requirements Beginning                               Station, Jamestown Board of Public                  • Is not a ‘‘significant regulatory
                                           January 1, 2011.                                             Utilities—Boiler 12, Permit ID 9–                action’’ under the terms of Executive
                                             f. Part 220, Portland Cement Plants                        0608–00053.                                      Order 12866 (58 FR 51735, October 4,
                                           and Glass Plants.                                       17. Syracuse Energy Corporation [GDF
                                             g. Part 227, Stationary Combustion                                                                          1993) and is therefore not subject to
                                                                                                        Suez]—Boiler 1, Permit ID 7–3132–                review under Executive Orders 12866
                                           Installations,                                               00052.
                                             i. Subpart 227–2, Reasonably                                                                                and 13563 (76 FR 3821, January 21,
                                           Available Control Technology (RACT)                     II. EPA Action                                        2011);
                                           For Major Facilities of Oxides of                                                                                • does not impose an information
                                                                                                      In this action, EPA is announcing the              collection burden under the provisions
                                           Nitrogen (NOX).                                         update to the IBR material as of August
                                             h. Part 228, Surface Coating Processes,                                                                     of the Paperwork Reduction Act (44
                                                                                                   1, 2015. EPA has determined this rule                 U.S.C. 3501 et seq.);
                                           Commercial and Industrial Adhesives,
                                           Sealants and Primers.
                                                                                                   falls under the ‘‘good cause’’ exemption                 • is certified as not having a
                                             i. Part 234, Graphic Arts.                            in section 553(b)(3)(B) of the                        significant economic impact on a
                                             2. Revisions to the following                         Administrative Procedures Act (APA)                   substantial number of small entities
                                           regulations in Title 15 of the New York                 which, upon finding ‘‘good cause,’’                   under the Regulatory Flexibility Act (5
                                           Code of Rules and Regulations:                          authorizes agencies to dispense with                  U.S.C. 601 et seq.);
                                             a. Part 79, Motor Vehicle Inspection                  public participation and section                         • does not contain any unfunded
                                           Regulations                                             553(d)(3) which allows an agency to                   mandate or significantly or uniquely
                                             i. Sections 79.1–79.15, 79.17, 79.20,                 make a rule effective immediately                     affect small governments, as described
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                                           79.21, 79.24, 79.25.                                    (thereby avoiding the 30-day delayed                  in the Unfunded Mandates Reform Act
                                                                                                   effective date otherwise provided for in              of 1995 (Pub. L. 104–4);
                                           C. Added State Source Specific                          the APA). This rule simply codifies                      • does not have Federalism
                                           Requirements                                            provisions which are already in effect as             implications as specified in Executive
                                           1. Alcoa Massena Operations (West                       a matter of law in Federal and approved               Order 13132 (64 FR 43255, August 10,
                                               Plant)—Potline S–00001, Baking                      State programs. Under section 553 of the              1999);


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                                                            Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations                                                23169

                                             • is not an economically significant                  the Federal Register. A major rule                         Authority: 42 U.S.C. 7401 et seq.
                                           regulatory action based on health or                    cannot take effect until 60 days after it
                                           safety risks subject to Executive Order                 is published in the Federal Register.                  Subpart HH—New York
                                           13045 (62 FR 19885, April 23, 1997);                    This action is not a ‘‘major rule’’ as
                                             • is not a significant regulatory action              defined by 5 U.S.C. 804(2).                            ■ 2. In § 52.1670, paragraphs (b), (c),
                                           subject to Executive Order 13211 (66 FR                    EPA has also determined that the                    and (d) are revised to read as follows:
                                           28355, May 22, 2001);                                   provisions of section 307(b)(1) of the
                                                                                                                                                          § 52.1670    Identification of plan.
                                             • is not subject to requirements of                   CAA pertaining to petitions for judicial
                                           Section 12(d) of the National                           review are not applicable to this action.              *      *     *    *      *
                                           Technology Transfer and Advancement                     Prior EPA rulemaking actions for each                     (b) Incorporation by reference. (1)
                                           Act of 1995 (15 U.S.C. 272 note) because                individual component of the New York                   Material listed in paragraphs (c) and (d)
                                           application of those requirements would                 SIP compilations previously afforded                   of this section with an EPA approval
                                           be inconsistent with the CAA; and                       interested parties the opportunity to file             date prior to August 1, 2015, was
                                             • does not provide EPA with the                       a petition for judicial review in the                  approved for incorporation by reference
                                           discretionary authority to address, as                  United States Court of Appeals for the                 by the Director of the Federal Register
                                           appropriate, disproportionate human                     appropriate circuit within 60 days of                  in accordance with 5 U.S.C. 552(a) and
                                           health or environmental effects, using                  such rulemaking action. Thus, EPA sees                 1 CFR part 51. Material is incorporated
                                           practicable and legally permissible                     no need in this action to reopen the 60-               as it exists on the date of the approval,
                                           methods, under Executive Order 12898                    day period for filing such petitions for               and notification of any change in the
                                           (59 FR 7629, February 16, 1994).                        judicial review for this ‘‘Identification of           material will be published in the
                                             The SIP is not approved to apply on                   plan’’ reorganization update action for                Federal Register. Entries in paragraphs
                                           any Indian reservation land or in any                   the State of New York.                                 (c) and (d) of this section with an EPA
                                           other area where EPA or an Indian tribe                                                                        approval date after August 1, 2015, will
                                                                                                   List of Subjects in 40 CFR Part 52                     be incorporated by reference in the next
                                           has demonstrated that a tribe has
                                           jurisdiction. In those areas of Indian                    Environmental protection, Air                        update to the SIP compilation.
                                           country, the rule does not have tribal                  pollution control, Carbon monoxide,                       (2) EPA Region 2 certifies that the
                                           implications and will not impose                        Incorporation by reference,                            rules/regulations provided by the EPA
                                           substantial direct costs on tribal                      Intergovernmental relations, Lead,                     in the SIP compilation at the addresses
                                           governments or preempt tribal law as                    Nitrogen dioxide, Ozone, Particulate                   in paragraph (b)(3) of this section are an
                                           specified by Executive Order 13175 (65                  matter, Reporting and record keeping                   exact duplicate of the officially
                                           FR 67249, November 9, 2000).                            requirements, Sulfur oxides, Volatile                  promulgated State rules/regulations,
                                             The Congressional Review Act, 5                       organic compounds.                                     which have been approved as part of the
                                           U.S.C. 801 et seq., as added by the Small                 Dated: September 22, 2015.                           SIP as of August 1, 2015.
                                           Business Regulatory Enforcement                         Judith A. Enck,                                           (3) Copies of the materials
                                           Fairness Act of 1996, generally provides                Regional Administrator, Region 2.                      incorporated by reference may be
                                           that before a rule may take effect, the                                                                        inspected at the Environmental
                                                                                                     For the reasons stated in the
                                           agency promulgating the rule must                                                                              Protection Agency, Region 2, Air
                                                                                                   preamble, the Environmental Protection
                                           submit a rule report, which includes a                                                                         Programs Branch, 290 Broadway, New
                                                                                                   Agency amends 40 CFR part 52 as
                                           copy of the rule, to each House of the                                                                         York, New York 10007; and the National
                                                                                                   follows:
                                           Congress and to the Comptroller General                                                                        Archives and Records Administration
                                           of the United States. EPA will submit a                 PART 52—APPROVAL AND                                   (NARA). For information on the
                                           report containing this action and other                 PROMULGATION OF                                        availability of this material at NARA,
                                           required information to the U.S. Senate,                IMPLEMENTATION PLANS                                   call (202) 741–6030, or go to:
                                           the U.S. House of Representatives, and                                                                         www.archives.gov/federal-register/cfr/
                                           the Comptroller General of the United                   ■ 1. The authority for citation for part 52            ibr-locations.html.
                                           States prior to publication of the rule in              continues to read as follows:                             (c) EPA approved regulations.

                                                                                     EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
                                                                                                                          State effective      EPA approval
                                                State citation                          Title/subject                                                                          Comments
                                                                                                                               date               date

                                           Title 6, Part 200, Sub-    General Provisions, Definitions ................              1/1/11            7/12/13   • The word odor is removed from the
                                              part 200.1.                                                                                                         Subpart 200.1(d) definition of ‘‘air con-
                                                                                                                                                                  taminant 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
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                                                                                                                                                                  definition is necessary for implementa-
                                                                                                                                                                  tion of an existing SIP regulation.




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                                           23170             Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations

                                                                             EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
                                                                                                                                 State effective     EPA approval
                                                State citation                             Title/subject                                                                              Comments
                                                                                                                                      date              date

                                                                                                                                                                      • EPA is including the definition of ‘‘Fed-
                                                                                                                                                                        erally enforceable’’ with the under-
                                                                                                                                                                        standing that (1) the definition applies
                                                                                                                                                                        to provisions of a Title V permit that
                                                                                                                                                                        are correctly identified as Federally en-
                                                                                                                                                                        forceable, and (2) a source accepts op-
                                                                                                                                                                        erating limits and conditions to lower its
                                                                                                                                                                        potential to emit to become a minor
                                                                                                                                                                        source, not to ‘‘avoid’’ applicable re-
                                                                                                                                                                        quirements.
                                                                                                                                                                      • EPA approval finalized at 78 FR
                                                                                                                                                                        41846.
                                           Title 6, Part 200, Sub-      General Provisions, Acceptable ambient                          2/25/00             4/22/08   • EPA approval finalized at 73 FR
                                              part 200.6.                air quality.                                                                                   21548.
                                           Title 6, Part 200, Sub-      General Provisions, Maintenance of                              2/25/00             4/22/08   • EPA approval finalized at 73 FR
                                              part 200.7.                equipment.                                                                                     21548.
                                           Title 6, Part 200, Sub-      Referenced material .................................             1/1/11            7/12/13   • EPA is approving reference documents
                                              part 200.9.                                                                                                               that are not already Federally enforce-
                                                                                                                                                                        able.
                                                                                                                                                                      • EPA approval finalized at 78 FR
                                                                                                                                                                        41846.
                                           Title 6, Part 201 ........   Permits and Registrations ........................                4/4/93            10/3/05   • This action removes subpart 201.5(e)
                                                                                                                                                                        from the State’s Federally approved
                                                                                                                                                                        SIP.
                                                                                                                                                                      • EPA approval finalized at 70 FR
                                                                                                                                                                        57511.
                                           Title 6, Part                Permits and Registrations, Definitions .....                      3/5/09           11/17/10   • EPA is including the definition of
                                              201,Subpart 201–                                                                                                          ‘‘Major stationary source or major
                                              2.1(b)(21).                                                                                                               source or major facility’’ with the under-
                                                                                                                                                                        standing that the definition applies only
                                                                                                                                                                        to provisions of part 231.
                                                                                                                                                                      • EPA approval finalized at 75 FR
                                                                                                                                                                        70142.
                                           Title 6, Part 201, Sub-      Permits and Registrations, Federally En-                          7/7/96            10/3/05   • EPA approval finalized at 70 FR
                                              part 201–7.1.               forceable Emission Caps.                                                                      57511.
                                           Title 6, Part 201, Sub-      Permits and Registrations, Emission Cap-                          7/7/96            10/3/05   • EPA approval finalized at 70 FR
                                              part 201–7.2.               ping Using Synthetic Minor Permits.                                                           57511.
                                           Title 6, Part 202 ........   Emissions Testing, Sampling and Analyt-                         3/24/79            11/12/81   • EPA approval finalized at 46 FR
                                                                          ical Determinations.                                                                          55690.
                                           Title 6, Part 202, Sub-      Emission Statements ................................            5/29/05            10/31/07   • Section 202–2.3(c)(9) requires facilities
                                              part 202–2.                                                                                                               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.
                                                                                                                                                                      • EPA approval finalized at 72 FR
                                                                                                                                                                        61530.
                                           Title 6, Part 204 ........   NOX Budget Trading Program ..................                   2/25/00             5/22/01   • Incorporates NOX SIP Call and NOX
                                                                                                                                                                        Budget Trading Program for 2003 and
                                                                                                                                                                        thereafter.
                                                                                                                                                                      • EPA approval finalized at 66 FR
                                                                                                                                                                        28063.
                                           Title 6, Part 205 ........   Architectural and Industrial Maintenance                          1/1/11             3/8/12   • EPA approval finalized at 77 FR
                                                                          (AIM) Coatings.                                                                               13974.
                                           Title 6, Part 207 ........   Control Measures for an Air Pollution Epi-                      2/22/79            11/12/81   • EPA approval finalized at 46 FR
                                                                          sode.                                                                                         55690.
                                           Title 6, Part 211 ........   General Prohibitions .................................            1/1/11             3/8/12   • Section 211.1 (previously numbered
                                                                                                                                                                        211.2) is not part of the approved plan.
                                                                                                                                                                        (see 11/27/98, 63 FR 65559).
                                                                                                                                                                      • EPA approval finalized at 77 FR
                                                                                                                                                                        13974.
                                           Title 6, Part 212 ........   General Process Emission Sources .........                      9/30/10             7/12/13   • SIP revisions submitted in accordance
                                                                                                                                                                        with § 212.10(c)(3) and 212.12(c) are
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                                                                                                                                                                        effective only if approved by EPA.
                                                                                                                                                                      • EPA approval finalized at 78 FR
                                                                                                                                                                        41846.
                                           Title 6, Part 213 ........   Contaminant Emissions from Ferrous                                5/1/72            9/22/72   • EPA approval finalized at 37 FR
                                                                          Jobbing Foundries.                                                                            19814.
                                           Title 6, Part 214 ........   By-Product Coke Oven Batteries .............                    9/22/94             7/20/06   • EPA approval finalized at 71 FR
                                                                                                                                                                        41163.



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                                                             Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations                                                             23171

                                                                             EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
                                                                                                                                       State effective     EPA approval
                                                State citation                               Title/subject                                                                                 Comments
                                                                                                                                            date              date

                                           Title 6, Part 215 ........   Open Fires ................................................           6/16/72             9/22/72   • EPA approval finalized at 37 FR
                                                                                                                                                                              19814.
                                           Title 6, Part 216 ........   Iron and/or Steel Processes .....................                     9/22/94             7/20/06   • EPA approval finalized at 71 FR
                                                                                                                                                                              41163.
                                           Title 6, Part 217, Sub-      Motor Vehicle Emissions, Motor Vehicle                                12/5/10             2/28/12   • EPA approval finalized at 77 FR
                                              part 217–1.                Enhanced Inspection and Maintenance                                                                  11742.
                                                                         Program Requirements Until December
                                                                         31, 2010.
                                           Title 6, Part 217, Sub-      Motor Vehicle Emissions, Inspection and                               12/5/10             2/28/12   • EPA approval     finalized   at   77   FR
                                              part 217–4.                Maintenance Program Audits Until De-                                                                 11742.
                                                                         cember 31, 2010.
                                           Title 6, Part 217, Sub-      Motor Vehicle Emissions, Motor Vehicle                                12/5/10             2/28/12   • EPA approval     finalized   at   77   FR
                                              part 217–6.                Enhanced Inspection and Maintenance                                                                  11742.
                                                                         Program Requirements Beginning Jan-
                                                                         uary 1, 2011.
                                           Title 6, Part 218, Sub-      Emission Standards for Motor Vehicles                                12/28/00             1/31/05   • EPA’s approval of part 218 only applies
                                              part 218–1.                and Motor Vehicle Engines, Applica-                                                                  to light-duty vehicles.
                                                                         bility and Definitions.                                                                            • EPA approval finalized at 70 FR 4773.
                                           Title 6, Part 218, Sub-      Emission Standards for Motor Vehicles                                12/28/00             1/31/05   • EPA’s approval of part 218 only applies
                                              part 218–2.                and Motor Vehicle Engines, Certifi-                                                                  to light-duty vehicles.
                                                                         cation and Prohibitions.
                                                                                                                                                                            • EPA approval finalized at 70 FR 4773.
                                           Title 6, Part 218, Sub-      Emission Standards for Motor Vehicles                                12/28/00             1/31/05   • EPA’s approval of part 218 only applies
                                              part 218–3.                and Motor Vehicle Engines, Fleet Aver-                                                               to light-duty vehicles.
                                                                         age.
                                                                                                                                                                            • EPA approval finalized at 70 FR 4773.
                                           Title 6, Part 218, Sub-      Emission Standards for Motor Vehicles                                 5/28/92              1/6/95   • EPA’s approval of part 218 only applies
                                              part 218–4.                and Motor Vehicle Engines, Zero Emis-                                                                to light-duty vehicles.
                                                                         sions Vehicle Sales Mandate.
                                                                                                                                                                            • EPA approval finalized at 60 FR 2025.
                                           Title 6, Part 218, Sub-      Emission Standards for Motor Vehicles                                12/28/00             1/31/05   • EPA’s approval of part 218 only applies
                                              part 218–5.                and Motor Vehicle Engines, Testing.                                                                  to light-duty vehicles.
                                                                                                                                                                            • EPA approval finalized at 70 FR 4773.
                                           Title 6, Part 218, Sub-      Emission Standards for Motor Vehicles                                12/28/00             1/31/05   • EPA’s approval of part 218 only applies
                                              part 218–6.                and Motor Surveillance.                                                                              to light-duty vehicles.
                                                                                                                                                                            • EPA approval finalized at 70 FR 4773.
                                           Title 6, Part 218, Sub-      Emission Standards for Motor Vehicles                                12/28/00             1/31/05   • EPA’s approval of part 218 only applies
                                              part 218–7.                and     Motor      Vehicle  Engines,                                                                 to light-duty vehicles.
                                                                         Aftermarket Parts.
                                                                                                                                                                            • EPA approval finalized at 70 FR 4773.
                                           Title 6, Part 218, Sub-      Emission Standards for Motor Vehicles                                12/28/00             1/31/05   • EPA’s approval of part 218 only applies
                                              part 218–8.                and Motor Vehicle Engines, Sever-                                                                    to light-duty vehicles.
                                                                         ability.
                                                                                                                                                                            • EPA approval finalized at 70 FR 4773.
                                           Title 6, Part 219 ........   Incinerators ...............................................           5/1/72             9/22/72   • EPA approval finalized at 37 FR
                                                                                                                                                                              19814.
                                           Title 6, Part 220 ........   Portland Cement Plants and Glass Plants                               7/11/10             7/12/13   • SIP revisions submitted in accordance
                                                                                                                                                                              with § 220–1.6(b)(4) and 220–2.3(a)(4)
                                                                                                                                                                              are effective only if approved by EPA.
                                                                                                                                                                            • EPA approval finalized at 78 FR
                                                                                                                                                                              41846.
                                           Title 6, Part 222 ........   Incinerators—New York City, Nassau and                                6/17/72             9/22/72   • EPA approval finalized at 37 FR
                                                                          Westchester Counties.                                                                               19814.
                                           Title 6, Part 223 ........   Petroleum Refineries ................................                  8/9/84             7/19/85   • EPA approval finalized at 50 FR
                                                                                                                                                                              29382.
                                           Title 6, Part 224 ........   Sulfuric and Nitric Acid Plants ..................                    5/10/84             7/19/85   • Variances adopted by the State pursu-
                                                                                                                                                                              ant to Part 224.6(b) become applicable
                                                                                                                                                                              only if approved by EPA as SIP revi-
                                                                                                                                                                              sions.
                                                                                                                                                                            • EPA approval finalized at 50 FR
                                                                                                                                                                              29382.
                                           Title 6, Part 225, Sub-      Fuel Composition and Use-Sulfur Limita-                               3/24/79            11/12/81   • Variances adopted by the State pursu-
                                              part 225–1.                 tions.                                                                                              ant to §§ 225.2(b) and (c), 225.3, and
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                                                                                                                                                                              225.5(c) become applicable only if ap-
                                                                                                                                                                              proved by EPA or SIP revisions (40
                                                                                                                                                                              CFR 52.1675(e)).
                                                                                                                                                                            • EPA approval finalized at 46 FR
                                                                                                                                                                              55690.
                                           Title 6, Part 225, Sub-      Fuel Composition and Use-Waste Fuel ...                               7/28/83              8/2/84   • EPA approval finalized at 49 FR
                                              part 225–2.                                                                                                                     30936.



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                                           23172             Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations

                                                                             EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
                                                                                                                                      State effective     EPA approval
                                                State citation                               Title/subject                                                                                Comments
                                                                                                                                           date              date

                                           Title 6, Part 225, Sub-      Fuel Composition and Use-Gasoline ........                           11/4/01              9/8/05   • The Variance adopted by the State
                                              part 225–3.                                                                                                                    pursuant to section 225–3.5 becomes
                                                                                                                                                                             applicable only if approved by EPA as
                                                                                                                                                                             a SIP revision.
                                                                                                                                                                           • EPA approval finalized at 70 FR
                                                                                                                                                                             53304.
                                           Title 6, Part 226 ........   Solvent Metal Cleaning Processes ...........                          5/7/03             1/23/04   • EPA approval finalized at 69 FR 3237.
                                           Title 6, Part 227, Sub-      Stationary Combustion Installations .........                         5/1/72             9/22/72   • 1972 version.
                                              part 227.2(b)(1).                                                                                                            • EPA approval finalized at 37 FR
                                                                                                                                                                             19814.
                                           Title 6, Part                Stationary Combustion Installations .........                        2/25/00             5/22/01   • Existing Part 227 is renumbered Sub-
                                              227,Subpart 227–1.                                                                                                             part 227–1.
                                                                                                                                                                           • Renumbered sections 227–1.2(a)(2),
                                                                                                                                                                             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.).
                                                                                                                                                                           • EPA approval finalized at 66 FR
                                                                                                                                                                             28063.
                                           Title 6, Part                Stationary Combustion Installations, Rea-                             7/8/10             7/12/13   • SIP revisions submitted in accordance
                                              227,Subpart 227–2.          sonably Available Control Technology                                                               with § 227–2.3(c) are effective only if
                                                                          (RACT) For Major Facilities of Oxides                                                              approved by EPA.
                                                                          of Nitrogen (NOX).                                                                               • EPA approval finalized at 78 FR
                                                                                                                                                                             41846.
                                           Title 6, Part                Stationary Combustion Installations, Pre-                             3/5/99             5/22/01   • Approval of NOX Budget Trading Pro-
                                              227,Subpart 227–3.          2003 Nitrogen Oxides Emissions Budg-                                                               gram for 1999, 2000, 2001 and 2002.
                                                                          et and Allowance Program.                                                                          NOX caps in the State during 2003 and
                                                                                                                                                                             thereafter established in Part 204.
                                                                                                                                                                           • EPA approval finalized at 66 FR
                                                                                                                                                                             28063.
                                           Title 6, Part 228 ........   Surface Coating Processes, Commercial                                 6/5/13              3/4/14   • EPA approval finalized at 79 FR
                                                                          and Industrial Adhesives, Sealants and                                                             12082.
                                                                          Primers.
                                           Title 6, Part 229 ........   Petroleum and Volatile Organic Liquid                                 4/4/93            12/23/97   • SIP revisions submitted in accordance
                                                                          Storage and Transfer.                                                                              with Section 229.3(g)(1) are effective
                                                                                                                                                                             only if approved by EPA.
                                                                                                                                                                           • EPA approval finalized at 62 FR
                                                                                                                                                                             67006.
                                           Title 6, Part 230 ........   Gasoline Dispensing Sites and Transport                              9/22/94             4/30/98   • EPA approval finalized at 63 FR
                                                                         Vehicles.                                                                                           23668.
                                           Title 6, Part 231 ........   New Source Review for New and Modi-                                   3/5/09            11/17/10   • Partial approval; no action taken on
                                                                         fied Facilities.                                                                                    provisions that may require PSD per-
                                                                                                                                                                             mits 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).
                                                                                                                                                                           • EPA approval finalized at 75 FR
                                                                                                                                                                             70140.
                                           Title 6, Part 232 ........   Dry Cleaning .............................................           8/11/83             6/17/85   • EPA has not determined that § 232.3(a)
                                                                                                                                                                             provides for reasonably available con-
                                                                                                                                                                             trol technology.
                                                                                                                                                                           • EPA approval finalized at 50 FR
                                                                                                                                                                             25079.
                                           Title 6, Part 233 ........   Pharmaceutical and Cosmetic Manufac-                                  4/4/93            12/23/97   • SIP revisions submitted in accordance
                                                                          turing Processes.                                                                                  with Section 223.3(h)(1) are effective
                                                                                                                                                                             only if approved by EPA.
                                                                                                                                                                           • EPA approval finalized at 62 FR
                                                                                                                                                                             67006.
                                           Title 6, Part 234 ........   Graphic Arts ..............................................           7/8/10              3/8/12   • SIP revisions submitted in accordance
                                                                                                                                                                             with § 234.3(f) are effective only if ap-
                                                                                                                                                                             proved by EPA.
                                                                                                                                                                           • EPA approval finalized at 77 FR
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                                                                                                                                                                             13974.
                                           Title 6, Part 235 ........   Consumer Products ..................................                10/15/09             5/28/10   • EPA approval finalized at 75 FR
                                                                                                                                                                             29897.




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                                                             Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations                                               23173

                                                                            EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
                                                                                                                           State effective       EPA approval
                                                State citation                          Title/subject                                                                            Comments
                                                                                                                                date                date

                                           Title 6, Part 236 ........   Synthetic Organic Chemical Manufac-                         1/12/92             7/27/93   • Variances adopted by the State pursu-
                                                                          turing Facility Component Leaks.                                                          ant to Part 236.6(e)(3) become applica-
                                                                                                                                                                    ble only if approved by EPA as a SIP
                                                                                                                                                                    revision.
                                                                                                                                                                  • EPA approval finalized at 58 FR
                                                                                                                                                                    40059.
                                           Title 6, Part 239 ........   Portable Fuel Container Spillage Control                    7/30/09             5/28/10   • The specific application of provisions
                                                                                                                                                                    associated with alternate test methods,
                                                                                                                                                                    variances and innovative products,
                                                                                                                                                                    must be submitted to EPA as SIP revi-
                                                                                                                                                                    sions.
                                                                                                                                                                  • EPA approval finalized at 75 FR
                                                                                                                                                                    29897.
                                           Title 6, Part 240, Sub-      Transportation Conformity, Transportation                   9/13/13             7/29/14   • EPA approval finalized at 79 FR
                                              part 240–1.                 Conformity General Provisions.                                                            43945.
                                           Title 6, Part 240, Sub-      Transportation Conformity, Consultation ..                  9/13/13             7/29/14   • EPA approval finalized at 79 FR
                                              part 240–2.                                                                                                           43945.
                                           Title 6, Part 240, Sub-      Transportation    Conformity,   Regional                    9/13/13             7/29/14   • EPA approval finalized at 79 FR
                                              part 240–3.                 Transportation-Related Emissions and                                                      43945.
                                                                          Enforceability.
                                           Title 6, Part 241 ........   Asphalt Pavement and Asphalt Based                            1/1/11             3/8/12   • EPA approval finalized at 77 FR
                                                                          Surface Coating.                                                                          13974.
                                           Title 6, Part 243 ........   CAIR NOX Ozone Season Trading Pro-                         10/19/07             1/24/08   • EPA approval finalized at 73 FR 4112.
                                                                          gram.
                                           Title 6, Part 244 ........   CAIR NOX Annual Trading Program ........                   10/19/07             1/24/08   • EPA approval finalized at 73 FR 4112.
                                           Title 6, Part 245 ........   CAIR SO2Trading Program ......................             10/19/07             1/24/08   • EPA approval finalized at 73 FR 4112.
                                           Title 6, Part 249 ........   Best Available Retrofit Technology                           5/6/10             8/28/12   • EPA approval finalized at 77 FR
                                                                          (BART).                                                                                   51915.
                                           Title 15, Part 79, Sub-      Motor Vehicle Inspection Regulations ......                12/29/10             2/28/12   • EPA approval finalized at 77 FR
                                              parts 79.1–79.15,                                                                                                     11742.
                                              79.17, 79.20,
                                              79.21, 79.24, 79.25.
                                           Title 19, Part 937 ......    Access To Publicly Available Records .....                  8/27/12             6/20/13   • Only subpart 937.1(a) is approved into
                                                                                                                                                                    the SIP and is for the limited purpose
                                                                                                                                                                    of satisfying Clean Air Act Section
                                                                                                                                                                    128(a)(2).
                                                                                                                                                                  • EPA approval finalized at 78 FR
                                                                                                                                                                    37124.
                                           Section 19–0325 .......      Environmental Conservation Law, Sulfur                      7/15/10             8/28/12   • EPA approval finalized at 77 FR
                                                                          reduction requirements.                                                                   51915.
                                           Section 73–a .............   Public Officers Law, Financial disclosure                   8/15/11             6/20/13   • Only subsections 73–a(2)(a)(i) and (ii)
                                                                                                                                                                    are approved into the SIP and are for
                                                                                                                                                                    the limited purpose of satisfying Clean
                                                                                                                                                                    Air Act Section 128(a)(2).
                                                                                                                                                                  • EPA approval finalized at 78 FR
                                                                                                                                                                    37124.



                                             (d) EPA approved State source-
                                           specific requirements.

                                                                                      EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS
                                                                                                              State effective       EPA approval
                                                 Name of source                      Identifier No.                                                                           Comments
                                                                                                                   date                date

                                           Dunlop Tire and Rubber            Consent Order 81–36, 9–                  8/19/81                 1/26/84   • Part 212 VOC RACT Compliance Plan.
                                             Corporation.                      0420.                                                                    • Green tire spraying, bead dipping, and under
                                                                                                                                                          tread and tread end cementing processes.
                                                                                                                                                        • EPA approval finalized at 49 FR 3436.
                                           Dunlop Tire and Rubber            Consent Order 81–36, 9–                  1/29/82                 1/26/84   • Part 212 VOC RACT Compliance Plan.
                                             Corporation.                      0420, Amendment Let-                                                     • Green tire spraying, bead dipping, and under
                                                                               ter 1.                                                                     tread and tread end cementing processes.
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                                                                                                                                                        • EPA approval finalized at 49 FR 3436.
                                           Dunlop Tire and Rubber            Consent Order 81–36, 9–                     3/3/82               1/26/84   • Part 212 VOC RACT Compliance Plan.
                                             Corporation.                      0420, Amendment Let-                                                     • Green tire spraying, bead dipping, and under
                                                                               ter 2.                                                                     tread and tread end cementing processes.
                                                                                                                                                        • EPA approval finalized at 49 FR 3436.




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                                           23174            Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations

                                                                            EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS—Continued
                                                                                                                   State effective     EPA approval
                                                 Name of source                      Identifier No.                                                                               Comments
                                                                                                                        date              date

                                           Morton International Inc. ...    A563203003500027C ......                       9/1/95                9/23/97   •   Part 227–2, NOX RACT determination.
                                                                                                                                                           •   Emission point 00027.
                                                                                                                                                           •   EPA approval finalized at 62 FR 49617.
                                           Morton International Inc. ...    A563203003500027C,                            8/23/95                9/23/97   •   Part 227–2, NOX RACT determination.
                                                                              Special Conditions.                                                          •   Emission point 00027.
                                                                                                                                                           •   EPA approval finalized at 62 FR 49617.
                                           University of Rochester .....    8–2614–00548/00006–0 ..                       4/25/96                9/23/97   •   Part 227–2, NOX RACT determination.
                                                                                                                                                           •   Emission points 00003 and 0005.
                                                                                                                                                           •   EPA approval finalized at 62 FR 49617.
                                           University of Rochester .....    8–2614–00548/00006–0,                         3/19/96                9/23/97   •   Part 227–2, NOX RACT determination.
                                                                              Special Conditions.                                                          •   Emission points 00003 and 0005.
                                                                                                                                                           •   EPA approval finalized at 62 FR 49617.
                                           Algonquin Gas Trans-             3–3928–1/9–0 ..................               9/23/91                9/23/97   •   Part 227–2, NOX RACT determination.
                                             mission Company.                                                                                              •   Emission Points R0100, R0200, R0300, and
                                                                                                                                                               R0400.
                                                                                                                                                           •   Permit and Special Conditions.
                                                                                                                                                           •   EPA approval finalized at 62 FR 49617.
                                           Algonquin Gas Trans-             3–3928, Special Condi-                        3/18/96                9/23/97   •   Part 227–2, NOX RACT determination.
                                             mission Company.                 tions.                                                                       •   Emission Points R0100, R0200, R0300.
                                                                                                                                                           •   EPA approval finalized at 62 FR 49617.
                                           Algonquin Gas Trans-             3–3928–00001/00013 ......                     3/29/96                9/23/97   •   Part 227–2, NOX RACT determination.
                                             mission Company.                                                                                              •   Emission Point R0400.
                                                                                                                                                           •   EPA approval finalized at 62 FR 49617.
                                           Algonquin Gas Trans-             3–39228–00001/                                 8/8/96                9/23/97   •   Permit Correction.
                                             mission Company.                 00010,11,12,13.                                                              •   Part 227–2, NOX RACT determination.
                                                                                                                                                           •   Emission Points R0100, R0200, R0300, and
                                                                                                                                                               R0400.
                                                                                                                                                           •   EPA approval finalized at 62 FR 49617.
                                           Tenneco Gas Corpora-             144000 .............................          8/22/95                7/21/03   •   Part 227–2, NOX RACT determination.
                                             tion’s (also known as                                                                                         •   Compressor Station 229.
                                             Tenneco Gas Pipeline                                                                                          •   Emission Points 0001A through 0006A.
                                             Company and Ten-                                                                                              •   EPA approval finalized at 68 FR 42981.
                                             nessee Gas Pipeline
                                             Company).
                                           Tenneco Gas Corpora-             215600, Special Condi-                        2/24/97                7/21/03   •   Part 227–2, NOX RACT determination.
                                             tion’s (also known as            tions.                                                                       •   Compressor Station 245.
                                             Tenneco Gas Pipeline                                                                                          •   Emission Points 00001 through 00006.
                                             Company and Ten-                                                                                              •   EPA approval finalized at 68 FR 42981.
                                             nessee Gas Pipeline
                                             Company).
                                           Tenneco Gas Corpora-             102600 .............................          10/4/95                7/21/03   •   Part 227–2, NOX RACT determination.
                                             tion’s (also known as                                                                                         •   Compressor Station 254.
                                             Tenneco Gas Pipeline                                                                                          •   Emission Points 00001 through 00006.
                                             Company and Ten-                                                                                              •   EPA approval finalized at 68 FR 42981.
                                             nessee Gas Pipeline
                                             Company).
                                           Tenneco Gas Corpora-             102600,Special Condi-                         9/15/95                7/21/03   •   Part 227–2, NOX RACT determination.
                                             tion’s (also known as            tions.                                                                       •   Compressor Station 254.
                                             Tenneco Gas Pipeline                                                                                          •   Emission Points 00001 through 00006.
                                             Company and Ten-                                                                                              •   EPA approval finalized at 68 FR 42981.
                                             nessee Gas Pipeline
                                             Company).
                                           General Chemical Cor-            7–3132–00009/00012 ......                    12/16/97                 7/1/04   • Part 212, NOX RACT determination. 6/23/05 letter
                                             poration.                                                                                                       informing NYSDEC that the approval will auto-
                                                                                                                                                             matically convert to a disapproval.
                                                                                                                                                           • Emission Points 0SN1A and 0SN1B.
                                                                                                                                                           • EPA approval finalized at 69 FR 39858.
                                           ALCOA Massena Oper-              6–4058–00003 .................                3/20/12                8/28/12   • Part 249 BART.
                                             ations (West Plant).                                                                                          • Emission Points Potline S–00001, Baking furnace
                                                                                                                                                             S–00002, Package Boilers B–00001.
                                                                                                                                                           • EPA approval finalized at 77 FR 51915.
                                           Arthur Kill Generating Sta-      2–6403–00014 .................                3/20/12                8/28/12   • Part 249 BART.
                                             tion, NRG.                                                                                                    • Boiler 30.
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                                                                                                                                                           • EPA approval finalized at 77 FR 51915.
                                           Bowline Generating Sta-          3–3922–00003 .................                6/28/12                8/28/12   • Part 249 BART.
                                             tion, GenOn.                                                                                                  • Boilers 1 and 2.
                                                                                                                                                           • EPA approval finalized at 77 FR 51915.
                                           Con Edison 59th Street           2–6202–00032 .................                3/20/12                8/28/12   • Part 249 BART.
                                             Station.                                                                                                      • Steam Boilers 114 and 115.
                                                                                                                                                           • EPA approval finalized at 77 FR 51915.



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                                                             Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations                                                 23175

                                                                             EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS—Continued
                                                                                                               State effective     EPA approval
                                                 Name of source                       Identifier No.                                                                           Comments
                                                                                                                    date              date

                                           EF Barrett Power Station,         1–2820–00553 .................            3/27/12               8/28/12    •   Part 249 BART.
                                             NG.                                                                                                        •   Boiler 2.
                                                                                                                                                        •   EPA approval finalized at 77 FR 51915.
                                           International Paper Ticon-        5–1548–00008 .................            3/19/12               8/28/12    •   Part 249 BART.
                                              deroga Mill.                                                                                              •   Power Boiler and Recovery Furnace.
                                                                                                                                                        •   EPA approval finalized at 77 FR 51915.
                                           Kodak Operations at East-         8–2614–00205 .................            5/25/12               8/28/12    •   Part 249 BART.
                                             man Business Park,                                                                                         •   Boilers 41, 42 and 43.
                                             Kodak.                                                                                                     •   EPA approval finalized at 77 FR 51915.
                                           Lafarge Building Materials        4–0124–00001 .................            7/19/11               8/28/12    •   Condition 12–14.
                                                                                                                                                        •   Kilns 1 and 2.
                                                                                                                                                        •   EPA approval finalized at 77 FR 51915.
                                           Lehigh Northeast Cement,          5–5205–00013 .................             7/5/12               8/28/12    •   Part 220 and Part 249 BART.
                                             Lehigh Cement.                                                                                             •   Kiln and Clinker cooler.
                                                                                                                                                        •   EPA approval finalized at 77 FR 51915.
                                           Northport Power Station,          1–4726–00130 .................            3/27/12               8/28/12    •   Part 249 BART.
                                             NG.                                                                                                        •   Boilers 1, 2, 3, and 4.
                                                                                                                                                        •   EPA approval finalized at 77 FR 51915.
                                           Oswego Harbor Power,              7–3512–00030 .................            5/16/12               8/28/12    •   Part 249 BART.
                                            NRG.                                                                                                        •   Boilers 5 and 6.
                                                                                                                                                        •   EPA approval finalized at 77 FR 51915.
                                           Owens-Corning Insulating          4–0122–00004 .................            5/18/12               8/28/12    •   Part 249 BART.
                                             Systems Feura Bush,                                                                                        •   EU2, EU3, EU12, EU13, and EU14.
                                             Owens Corning.                                                                                             •   EPA approval finalized at 77 FR 51915.
                                           Ravenswood Generating             2–6304–00024 .................             4/6/12               8/28/12    •   Part 249 BART.
                                             Station, TC.                                                                                               •   Boilers 10, 20, 30.
                                                                                                                                                        •   EPA approval finalized at 77 FR 51915.
                                           Ravenswood Steam Plant,           2–6304–01378 .................            3/20/12               8/28/12,   •   Part 249 BART.
                                             Con Edison.                                                                                                •   Boiler 2.
                                                                                                                                                        •   EPA approval finalized at 77 FR 51915.
                                           Roseton Generating Sta-           3–3346–00075 .................           11/02/11               8/28/12    •   Excluding the SO2 BART emissions limits for Boil-
                                             tion-Dynegy.                                                                                                   ers 1 and 2 and corresponding monitoring, rec-
                                                                                                                                                            ordkeeping, and reporting requirements, which
                                                                                                                                                            EPA disapproved.
                                                                                                                                                        •   Boilers 1 and 2.
                                                                                                                                                        •   EPA approval finalized at 77 FR 51915.
                                           Samuel A Carlson Gener-           9–0608–00053 .................             2/8/12               8/28/12    •   Part 249 BART.
                                             ating Station, James                                                                                       •   Boiler 12.
                                             town Board of Public                                                                                       •   EPA approval finalized at 77 FR 51915.
                                             Utilities.
                                           Syracuse Energy Corpora-          7–3132–00052 .................            5/24/12               8/28/12    • Part 249 BART.
                                             tion [GDF Suez].                                                                                           • Boiler 1.
                                                                                                                                                        • EPA approval finalized at 77 FR 51915.



                                           *      *      *       *      *                              SUMMARY:   The Environmental Protection                 their demonstration that the
                                           [FR Doc. 2016–08829 Filed 4–19–16; 8:45 am]                 Agency (EPA) is approving most                          infrastructure requirements of the CAA
                                           BILLING CODE 6560–50–P                                      elements of State Implementation Plan                   have been met. Lastly, EPA is
                                                                                                       (SIP) submissions from Rhode Island                     conditionally approving certain
                                                                                                       regarding the infrastructure                            elements of Rhode Island’s submittal
                                           ENVIRONMENTAL PROTECTION                                    requirements of the Clean Air Act (CAA                  relating to Prevention of Significant
                                           AGENCY                                                      or Act) for the 1997 fine particle matter               Deterioration (PSD) requirements.
                                                                                                       (PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008               DATES: This rule is effective on May 20,
                                           40 CFR Part 52
                                                                                                       ozone, 2010 nitrogen dioxide (NO2), and                 2016.
                                                                                                       2010 sulfur dioxide (SO2) National                      ADDRESSES: EPA has established a
                                           [EPA–R01–OAR–2015–0402; FRL–9945–13–                        Ambient Air Quality Standards
                                           Region 1]                                                                                                           docket for this action under Docket
                                                                                                       (NAAQS). Additionally, EPA is                           Identification No. EPA–R01–OAR–
                                           Air Plan Approval; Rhode Island;                            disapproving the submissions with                       2015–0402. All documents in the docket
                                           Infrastructure State Implementation                         respect to CAA section 110(a)(2)(H), for                are listed on the http://
                                           Plan Requirements for Particle Matter,                      which a Federal Implementation Plan                     www.regulations.gov Web site, although
                                           Ozone, Lead, Nitrogen Dioxide and                           has been in place for this requirement                  some information, such as confidential
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                                           Sulfur Dioxide                                              since 1973. EPA is also correcting an                   business information or other
                                                                                                       earlier approval of this element for the                information whose disclosure is
                                           AGENCY: Environmental Protection                            1997 8-hour ozone NAAQS                                 restricted by statute is not publicly
                                           Agency (EPA).                                               infrastructure requirements. Finally,                   available. Certain other material, such as
                                                                                                       EPA is approving several statutes                       copyrighted material, is not placed on
                                           ACTION:    Final rule.
                                                                                                       submitted by Rhode Island in support of                 the Internet and will be publicly


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Document Created: 2016-04-20 01:51:49
Document Modified: 2016-04-20 01:51:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; administrative change.
DatesThis rule is effective April 20, 2016.
ContactKirk J. Wieber, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th floor, New York, NY 10008-1866, telephone number (212) 637-3381, email: [email protected]
FR Citation81 FR 23167 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Record Keeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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