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

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart UU—Vermont 

■ 2. In § 52.2370, the table in paragraph 

(c) is amended by revising entries for 

Sections 5–101, 5–253.2, 5–253.3, and 

5–253.5 to read as follows: 

§ 52.2370 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VERMONT REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval 

date Explanations 

*******

Section 5–101 ........... Definitions ................................... 12/29/14 April 20, 2016 [Insert Federal 

Register citation].

Revised definitions for ‘‘bulk 

gasoline terminal’’ and ‘‘vapor 

balance system.’’. 

* * * * * * * 

Section 5–253.2 ........ Bulk Gasoline Terminals ............ 12/29/14 April 20, 2016 [Insert Federal 

Register citation].

Section 5–253.3 ........ Bulk Gasoline Plants .................. 12/29/14 April 20, 2016 [Insert Federal 

Register citation].

* * * * * * * 

Section 5–253.5 ........ Stage I Vapor Recovery Controls at Gasoline Dispensing 

Facilities.

12/29/14 April 20, 2016 [Insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–09068 Filed 4–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

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/federalregister/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 Federallyapproved 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 


Lhorne on DSK5TPTVN1PROD with RULES
23168 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 

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 StationDynegy—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); 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 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 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. In § 52.1670, paragraphs (b), (c), 

and (d) are revised to read as follows: 

§ 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 citation Title/subject State effective 

date 

EPA approval 

date Comments 

Title 6, Part 200, Subpart 200.1.General Provisions, Definitions ................ 1/1/11 7/12/13 • The word odor 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. 


Lhorne on DSK5TPTVN1PROD with RULES
23170 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued 

State citation Title/subject State effective 

date 

EPA approval 

date Comments 

• 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 200.6.General Provisions, Acceptable ambient 

air quality.

2/25/00 4/22/08 • EPA approval finalized at 73 FR 

21548. 

Title 6, Part 200, Subpart 200.7.General Provisions, Maintenance of 

equipment.

2/25/00 4/22/08 • EPA approval finalized at 73 FR 

21548. 

Title 6, Part 200, Subpart 200.9.Referenced material ................................. 1/1/11 7/12/13 • EPA is approving reference documents 

that are not already Federally enforceable. 

• EPA approval finalized at 78 FR 

41846. 

Title 6, Part 201 ........ Permits and Registrations ........................ 4/4/93 10/3/05 • This action removes subpart 201.5(e) 

from the State’s Federally approved 

SIP. 

• EPA approval finalized at 70 FR 

57511. 

Title 6, Part 

201,Subpart 201– 

2.1(b)(21).

Permits and Registrations, Definitions ..... 3/5/09 11/17/10 • EPA is including the 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 201–7.1.Permits and Registrations, Federally Enforceable Emission Caps.7/7/96 10/3/05 • EPA approval finalized at 70 FR 

57511. 

Title 6, Part 201, Subpart 201–7.2.Permits and Registrations, Emission Capping Using Synthetic Minor Permits.7/7/96 10/3/05 • EPA approval finalized at 70 FR 

57511. 

Title 6, Part 202 ........ Emissions Testing, Sampling and Analytical Determinations.3/24/79 11/12/81 • EPA approval finalized at 46 FR 

55690. 

Title 6, Part 202, Subpart 202–2.Emission Statements ................................ 5/29/05 10/31/07 • Section 202–2.3(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 Program .................. 2/25/00 5/22/01 • Incorporates NOX SIP Call and NOX

Budget Trading Program for 2003 and 

thereafter. 

• EPA approval finalized at 66 FR 

28063. 

Title 6, Part 205 ........ Architectural and Industrial Maintenance 

(AIM) Coatings.

1/1/11 3/8/12 • EPA approval finalized at 77 FR 

13974. 

Title 6, Part 207 ........ Control Measures for an Air Pollution Episode.2/22/79 11/12/81 • EPA approval 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 Emission Sources ......... 9/30/10 7/12/13 • SIP revisions submitted in accordance 

with § 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 from Ferrous 

Jobbing Foundries.

5/1/72 9/22/72 • EPA approval finalized at 37 FR 

19814. 

Title 6, Part 214 ........ By-Product Coke Oven Batteries ............. 9/22/94 7/20/06 • EPA approval finalized at 71 FR 

41163. 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 23171 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued 

State citation Title/subject State effective 

date 

EPA approval 

date Comments 

Title 6, Part 215 ........ Open Fires ................................................ 6/16/72 9/22/72 • EPA approval finalized at 37 FR 

19814. 

Title 6, Part 216 ........ Iron and/or Steel Processes ..................... 9/22/94 7/20/06 • EPA approval finalized at 71 FR 

41163. 

Title 6, Part 217, Subpart 217–1.Motor Vehicle Emissions, Motor Vehicle 

Enhanced Inspection and Maintenance 

Program Requirements Until December 

31, 2010.

12/5/10 2/28/12 • EPA approval finalized at 77 FR 

11742. 

Title 6, Part 217, Subpart 217–4.Motor Vehicle Emissions, Inspection and 

Maintenance Program Audits Until December 31, 2010.

12/5/10 2/28/12 • EPA approval finalized at 77 FR 

11742. 

Title 6, Part 217, Subpart 217–6.Motor Vehicle Emissions, Motor Vehicle 

Enhanced Inspection and Maintenance 

Program Requirements Beginning January 1, 2011.

12/5/10 2/28/12 • EPA approval finalized at 77 FR 

11742. 

Title 6, Part 218, Subpart 218–1.Emission Standards for Motor Vehicles 

and Motor Vehicle Engines, Applicability and Definitions.

12/28/00 1/31/05 • EPA’s approval of part 218 only applies 

to light-duty vehicles. 

• EPA approval finalized at 70 FR 4773. 

Title 6, Part 218, Subpart 218–2.Emission Standards for Motor Vehicles 

and Motor Vehicle Engines, Certification and Prohibitions.

12/28/00 1/31/05 • EPA’s approval of part 218 only applies 

to light-duty vehicles. 

• EPA approval finalized at 70 FR 4773. 

Title 6, Part 218, Subpart 218–3.Emission Standards for Motor Vehicles 

and Motor Vehicle Engines, Fleet Average.

12/28/00 1/31/05 • EPA’s approval of part 218 only applies 

to light-duty vehicles. 

• EPA approval finalized at 70 FR 4773. 

Title 6, Part 218, Subpart 218–4.Emission Standards for Motor Vehicles 

and Motor Vehicle Engines, Zero Emissions Vehicle Sales Mandate.

5/28/92 1/6/95 • EPA’s approval of part 218 only applies 

to light-duty vehicles. 

• EPA approval finalized at 60 FR 2025. 

Title 6, Part 218, Subpart 218–5.Emission Standards for Motor Vehicles 

and Motor Vehicle Engines, Testing.

12/28/00 1/31/05 • EPA’s approval of part 218 only applies 

to light-duty vehicles. 

• EPA approval finalized at 70 FR 4773. 

Title 6, Part 218, Subpart 218–6.Emission Standards for Motor Vehicles 

and Motor Surveillance.

12/28/00 1/31/05 • EPA’s approval of part 218 only applies 

to light-duty vehicles. 

• EPA approval finalized at 70 FR 4773. 

Title 6, Part 218, Subpart 218–7.Emission Standards for Motor Vehicles 

and Motor Vehicle Engines, 

Aftermarket Parts.

12/28/00 1/31/05 • EPA’s approval of part 218 only applies 

to light-duty vehicles. 

• EPA approval finalized at 70 FR 4773. 

Title 6, Part 218, Subpart 218–8.Emission Standards for Motor Vehicles 

and Motor Vehicle Engines, Severability.

12/28/00 1/31/05 • EPA’s approval of part 218 only applies 

to light-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 and Glass Plants 7/11/10 7/12/13 • SIP revisions submitted in accordance 

with § 220–1.6(b)(4) and 220–2.3(a)(4) 

are effective only if approved by EPA. 

• EPA approval finalized at 78 FR 

41846. 

Title 6, Part 222 ........ Incinerators—New York City, Nassau and 

Westchester Counties.

6/17/72 9/22/72 • EPA approval finalized at 37 FR 

19814. 

Title 6, Part 223 ........ Petroleum Refineries ................................ 8/9/84 7/19/85 • EPA approval finalized at 50 FR 

29382. 

Title 6, Part 224 ........ Sulfuric and Nitric Acid Plants .................. 5/10/84 7/19/85 • Variances adopted by the State 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 225–1.Fuel Composition and Use-Sulfur Limitations.3/24/79 11/12/81 • Variances adopted by the State pursuant to §§ 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 225–2.Fuel Composition and Use-Waste Fuel ... 7/28/83 8/2/84 • EPA approval finalized at 49 FR 

30936. 


Lhorne on DSK5TPTVN1PROD with RULES
23172 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued 

State citation Title/subject State effective 

date 

EPA approval 

date Comments 

Title 6, Part 225, Subpart 225–3.Fuel Composition and Use-Gasoline ........ 11/4/01 9/8/05 • The Variance 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 Processes ........... 5/7/03 1/23/04 • EPA approval finalized at 69 FR 3237. 

Title 6, Part 227, Subpart 227.2(b)(1).Stationary Combustion Installations ......... 5/1/72 9/22/72 • 1972 version. 

• EPA approval finalized at 37 FR 

19814. 

Title 6, Part 

227,Subpart 227–1.

Stationary Combustion Installations ......... 2/25/00 5/22/01 • Existing Part 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 Installations, Reasonably Available Control Technology 

(RACT) For Major Facilities of Oxides 

of Nitrogen (NOX).

7/8/10 7/12/13 • SIP revisions submitted in accordance 

with § 227–2.3(c) are effective only if 

approved by EPA. 

• EPA approval finalized at 78 FR 

41846. 

Title 6, Part 

227,Subpart 227–3.

Stationary Combustion Installations, Pre2003 Nitrogen Oxides Emissions Budget and Allowance Program.3/5/99 5/22/01 • Approval of NOX Budget Trading Program for 1999, 2000, 2001 and 2002. 

NOX caps in the State during 2003 and 

thereafter established in Part 204. 

• EPA approval finalized at 66 FR 

28063. 

Title 6, Part 228 ........ Surface Coating Processes, Commercial 

and Industrial Adhesives, Sealants and 

Primers.

6/5/13 3/4/14 • EPA approval finalized at 79 FR 

12082. 

Title 6, Part 229 ........ Petroleum and Volatile Organic Liquid 

Storage and Transfer.

4/4/93 12/23/97 • SIP revisions submitted in 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 Sites and Transport 

Vehicles.

9/22/94 4/30/98 • EPA approval finalized at 63 FR 

23668. 

Title 6, Part 231 ........ New Source Review for New and Modified Facilities.3/5/09 11/17/10 • Partial approval; no action 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 § 232.3(a) 

provides for reasonably available control technology. 

• EPA approval finalized at 50 FR 

25079. 

Title 6, Part 233 ........ Pharmaceutical and Cosmetic Manufacturing Processes.4/4/93 12/23/97 • SIP revisions submitted in 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 § 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. 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 23173 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued 

State citation Title/subject State effective 

date 

EPA approval 

date Comments 

Title 6, Part 236 ........ Synthetic Organic Chemical Manufacturing Facility Component Leaks.1/12/92 7/27/93 • Variances adopted by the State pursuant to Part 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 Spillage Control 7/30/09 5/28/10 • The specific application of provisions 

associated with alternate test methods, 

variances and innovative products, 

must be submitted to EPA as SIP revisions. 

• EPA approval finalized at 75 FR 

29897. 

Title 6, Part 240, Subpart 240–1.Transportation Conformity, Transportation 

Conformity General Provisions.

9/13/13 7/29/14 • EPA approval finalized at 79 FR 

43945. 

Title 6, Part 240, Subpart 240–2.Transportation Conformity, Consultation .. 9/13/13 7/29/14 • EPA approval finalized at 79 FR 

43945. 

Title 6, Part 240, Subpart 240–3.Transportation Conformity, Regional 

Transportation-Related Emissions and 

Enforceability.

9/13/13 7/29/14 • EPA approval finalized at 79 FR 

43945. 

Title 6, Part 241 ........ Asphalt Pavement and Asphalt Based 

Surface Coating.

1/1/11 3/8/12 • EPA approval finalized at 77 FR 

13974. 

Title 6, Part 243 ........ CAIR NOX Ozone Season Trading Program.10/19/07 1/24/08 • EPA approval finalized at 73 FR 4112. 

Title 6, Part 244 ........ CAIR NOX Annual Trading Program ........ 10/19/07 1/24/08 • EPA approval finalized at 73 FR 4112. 

Title 6, Part 245 ........ CAIR SO2Trading Program ...................... 10/19/07 1/24/08 • EPA approval finalized at 73 FR 4112. 

Title 6, Part 249 ........ Best Available Retrofit Technology 

(BART).

5/6/10 8/28/12 • EPA approval finalized at 77 FR 

51915. 

Title 15, Part 79, Subparts 79.1–79.15, 

79.17, 79.20, 

79.21, 79.24, 79.25.

Motor Vehicle Inspection Regulations ...... 12/29/10 2/28/12 • EPA approval finalized at 77 FR 

11742. 

Title 19, Part 937 ...... Access To Publicly Available Records ..... 8/27/12 6/20/13 • Only subpart 937.1(a) is approved into 

the SIP and is for the limited purpose 

of satisfying Clean Air Act Section 

128(a)(2). 

• EPA approval finalized at 78 FR 

37124. 

Section 19–0325 ....... Environmental Conservation Law, Sulfur 

reduction requirements.

7/15/10 8/28/12 • EPA approval finalized at 77 FR 

51915. 

Section 73–a ............. Public Officers Law, Financial disclosure 8/15/11 6/20/13 • Only subsections 73–a(2)(a)(i) and (ii) 

are approved into the SIP and are for 

the limited purpose of satisfying Clean 

Air Act Section 128(a)(2). 

• EPA approval finalized at 78 FR 

37124. 

(d) EPA approved State sourcespecific requirements. 

EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS

Name of source Identifier No. State effective 

date 

EPA approval 

date Comments 

Dunlop Tire and Rubber 

Corporation.

Consent Order 81–36, 9– 

0420.

8/19/81 1/26/84 • Part 212 VOC 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 

Corporation.

Consent Order 81–36, 9– 

0420, Amendment Letter 1.

1/29/82 1/26/84 • Part 212 VOC 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 

Corporation.

Consent Order 81–36, 9– 

0420, Amendment Letter 2.

3/3/82 1/26/84 • Part 212 VOC RACT Compliance Plan. 

• Green tire spraying, bead dipping, and under 

tread and tread end cementing processes. 

• EPA approval finalized at 49 FR 3436. 


Lhorne on DSK5TPTVN1PROD with RULES
23174 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 

EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS—Continued 

Name of source Identifier No. State effective 

date 

EPA approval 

date Comments 

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, 

Special Conditions.

8/23/95 9/23/97 • Part 227–2, NOX RACT determination. 

• Emission point 00027. 

• EPA approval finalized at 62 FR 49617. 

University of Rochester ..... 8–2614–00548/00006–0 .. 4/25/96 9/23/97 • Part 227–2, NOX RACT determination. 

• Emission points 00003 and 0005. 

• EPA approval finalized at 62 FR 49617. 

University of Rochester ..... 8–2614–00548/00006–0, 

Special Conditions.

3/19/96 9/23/97 • Part 227–2, NOX RACT determination. 

• Emission points 00003 and 0005. 

• EPA approval finalized at 62 FR 49617. 

Algonquin Gas Transmission Company.3–3928–1/9–0 .................. 9/23/91 9/23/97 • Part 227–2, NOX RACT determination. 

• Emission Points R0100, R0200, R0300, and 

R0400. 

• Permit and Special Conditions. 

• EPA approval finalized at 62 FR 49617. 

Algonquin Gas Transmission Company.3–3928, Special Conditions.3/18/96 9/23/97 • Part 227–2, NOX RACT determination. 

• Emission Points R0100, R0200, R0300. 

• EPA approval finalized at 62 FR 49617. 

Algonquin Gas Transmission Company.3–3928–00001/00013 ...... 3/29/96 9/23/97 • Part 227–2, NOX RACT determination. 

• Emission Point R0400. 

• EPA approval finalized at 62 FR 49617. 

Algonquin Gas Transmission Company.3–39228–00001/

00010,11,12,13.

8/8/96 9/23/97 • Permit 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 known as 

Tenneco Gas Pipeline 

Company and Tennessee Gas Pipeline 

Company).

144000 ............................. 8/22/95 7/21/03 • Part 227–2, NOX RACT determination. 

• Compressor Station 229. 

• Emission Points 0001A through 0006A. 

• EPA approval finalized at 68 FR 42981. 

Tenneco Gas Corporation’s (also known as 

Tenneco Gas Pipeline 

Company and Tennessee Gas Pipeline 

Company).

215600, Special Conditions.2/24/97 7/21/03 • Part 227–2, NOX RACT determination. 

• Compressor Station 245. 

• Emission Points 00001 through 00006. 

• EPA approval finalized at 68 FR 42981. 

Tenneco Gas Corporation’s (also known as 

Tenneco Gas Pipeline 

Company and Tennessee Gas Pipeline 

Company).

102600 ............................. 10/4/95 7/21/03 • Part 227–2, NOX RACT determination. 

• Compressor Station 254. 

• Emission Points 00001 through 00006. 

• EPA approval finalized at 68 FR 42981. 

Tenneco Gas Corporation’s (also known as 

Tenneco Gas Pipeline 

Company and Tennessee Gas Pipeline 

Company).

102600,Special Conditions.9/15/95 7/21/03 • Part 227–2, NOX RACT determination. 

• Compressor 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 Plant).6–4058–00003 ................. 3/20/12 8/28/12 • Part 249 BART. 

• Emission Points Potline S–00001, Baking furnace 

S–00002, Package Boilers B–00001. 

• EPA approval finalized at 77 FR 51915. 

Arthur Kill Generating Station, NRG.2–6403–00014 ................. 3/20/12 8/28/12 • Part 249 BART. 

• 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. 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 23175 

EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS—Continued 

Name of source Identifier No. State effective 

date 

EPA approval 

date Comments 

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 Mill.5–1548–00008 ................. 3/19/12 8/28/12 • Part 249 BART. 

• Power Boiler and Recovery Furnace. 

• EPA approval finalized at 77 FR 51915. 

Kodak Operations at Eastman Business Park, 

Kodak.

8–2614–00205 ................. 5/25/12 8/28/12 • Part 249 BART. 

• 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 Cement.

5–5205–00013 ................. 7/5/12 8/28/12 • Part 220 and 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 Feura Bush, 

Owens Corning.

4–0122–00004 ................. 5/18/12 8/28/12 • Part 249 BART. 

• 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 Edison.

2–6304–01378 ................. 3/20/12 8/28/12, • Part 249 BART. 

• 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 Station, James 

town Board of Public 

Utilities.

9–0608–00053 ................. 2/8/12 8/28/12 • Part 249 BART. 

• Boiler 12. 

• EPA approval finalized at 77 FR 51915. 

Syracuse Energy Corporation [GDF Suez].7–3132–00052 ................. 5/24/12 8/28/12 • Part 249 BART. 

• 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0402; FRL–9945–13– 

Region 1] 

Air Plan Approval; Rhode Island; 

Infrastructure State Implementation 

Plan Requirements for Particle Matter, 

Ozone, Lead, Nitrogen Dioxide and 

Sulfur Dioxide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving most 

elements of State Implementation Plan 

(SIP) submissions from Rhode Island 

regarding the infrastructure 

requirements of the Clean Air Act (CAA 

or Act) for the 1997 fine particle matter 

(PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008 

ozone, 2010 nitrogen dioxide (NO2), and 

2010 sulfur dioxide (SO2) National 

Ambient Air Quality Standards 

(NAAQS). Additionally, EPA is 

disapproving the submissions with 

respect to CAA section 110(a)(2)(H), for 

which a Federal Implementation Plan 

has been in place for this requirement 

since 1973. EPA is also correcting an 

earlier approval of this element for the 

1997 8-hour ozone NAAQS 

infrastructure requirements. Finally, 

EPA is approving several statutes 

submitted by Rhode Island in support of 

their demonstration that the 

infrastructure requirements of the CAA 

have been met. Lastly, EPA is 

conditionally approving certain 

elements of Rhode Island’s submittal 

relating to Prevention of Significant 

Deterioration (PSD) requirements. 

DATES: This rule is effective on May 20, 

2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2015–0402. All documents in the docket 

are listed on the http://

www.regulations.gov Web site, although 

some information, such as confidential 

business information or other 

information whose disclosure is 

restricted by statute is not publicly 

available. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 


Lhorne on DSK5TPTVN1PROD with RULES