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[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Rules and Regulations]
[Pages 23167-23175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08829]

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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: 
wieber.kirk@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The SIP is a living document which a state revises as necessary to 
address its unique air pollution problems. Therefore, EPA, from time to 
time, must take action on SIP revisions containing new and/or revised 
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 
EPA revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between EPA and the Office 
of the Federal Register (OFR). The description of the revised SIP 
document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997 Federal Register 
document. On July 15, 2011 (76 FR 41705), EPA published a document in 
the Federal Register beginning the revised IBR procedure for New York.
    This Final Rule continues the revised IBR procedure for New York. 
In this document, EPA is publishing an updated set of tables listing 
the regulatory (i.e., IBR) materials in the New York SIP taking into 
account the additions, corrections and revisions to those materials 
previously submitted by the state agency and approved by EPA. We are 
removing the EPA Headquarters Library from paragraph (b)(3), as IBR 
materials are no longer available at this location. In addition, EPA 
has found errors in certain entries listed in 40 CFR 52.1670(c), as 
amended in the published IBR update actions listed above, and is 
correcting them in this document.
    Since the July 15, 2011 publication of the new IBR procedure, EPA 
has approved changes to the following regulations and sections for New 
York:

A. Added Regulations

    1. Additions of the following regulations or sections in Title 6 of 
the New York Code of Rules and Regulations:
    a. Part 240, Conformity to State or Federal Implementation Plans of

[[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
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