Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29897 

EPA–APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued 

State citation Title/subject 

State effective 

date 

EPA approval date Additional explanation 

Section 1599 ................... Definitions ...................... 1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

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[FR Doc. 2010–12929 Filed 5–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–0131, FRL–9146–4] 

Approval and Promulgation of 

Implementation Plans; New York State 

Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving a 

proposed revision to the New York State 

Implementation Plan (SIP) for ozone 

concerning the control of volatile 

organic compounds. The proposed SIP 

revision consists of amendments to Title 

6 of the New York Codes, Rules and 

Regulations Part 235, ‘‘Consumer 

Products’’ and Part 239, ‘‘Portable Fuel 

Container Spillage Control.’’ The 

intended effect of this action is to 

approve control strategies, required by 

the Clean Air Act, which will result in 

emission reductions that will help 

achieve attainment of the national 

ambient air quality standards for ozone. 

DATES: Effective Date: This rule will be 

effective June 28, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2010–0131. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region 2 Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, NY 10007–1866. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber (wieber.kirk@epa.gov), Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–3381. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the history and time frame for State 

Implementation Plan (SIP) submissions? 

II. What was included in New York’s 

submittals? 

III. What comments did EPA receive in 

response to its proposal? 

IV. What is EPA’s conclusion? 

V. Statutory and Executive Order Reviews 

I. What is the history and time frame 

for State Implementation Plan (SIP) 

submissions? 

EPA’s Phase 1 8-hour ozone 

implementation rule, published on 

April 30, 2004 (69 FR 23951), referred 

to as the Phase 1 Rule, specifies that 

states must submit attainment 

demonstrations to EPA by no later than 

three years from the effective date of 

designation, that is, submit them by 

June 15, 2007. 

On November 9, 2005, EPA published 

Phase 2 of the 8-hour ozone 

implementation rule (70 FR 71612), 

referred to as the Phase 2 Rule, which 

addressed the control obligations that 

apply to areas designated nonattainment 

for the 8-hour national ambient air 

quality standard. Among other things, 

the Phase 1 and Phase 2 Rules outline 

the SIP requirements and deadlines for 

various requirements in areas 

designated as moderate nonattainment. 

For such areas, reasonably available 

control technology (RACT) plans were 

due by September 2006 (40 CFR 

51.912(a)(2)). The rules further require 

that modeling and attainment 

demonstrations, reasonable further 

progress plans, reasonably available 

control measure (RACM) analysis, 

projection year emission inventories, 

motor vehicle emissions budgets and 

contingency measures were all due by 

June 15, 2007 (40 CFR 51.908(a), and 

(c)). 

II. What was included in New York’s 

submittals? 

On October 21, 2009 and November 

23, 2009, the New York State 

Department of Environmental 

Conservation (NYSDEC), submitted to 

EPA proposed revisions to the SIP 

which included State adopted revisions 

to two regulations which consist of, 

respectively, Title 6 of the New York 

Code of Rules and Regulations (6 

NYCRR) Part 235, ‘‘Consumer Products’’ 

with a State effective date of October 15, 

2009 and 6 NYCRR Part 239, ‘‘Portable 

Fuel Container Spillage Control’’ with a 

State effective date of July 30, 2009. 

These revisions will provide volatile 

organic compound (VOC) emission 

reductions to address, in part, 

attainment of the 1997 8-hour ozone 

standard in the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY–NJ–CT nonattainment area 

which is composed of the five boroughs 

of New York City and the surrounding 

counties of Nassau, Suffolk, Westchester 

and Rockland. These revisions will also 

address, in part, the RACT and RACM 

requirements by providing VOC 

emission reductions statewide. 

III. What comments did EPA receive in 

response to its proposal? 

On March 2, 2010 (75 FR 9373), EPA 

proposed to approve the proposed 

revisions to the New York SIP for ozone 

concerning the amendments to 6 

NYCRR Parts 235 and 239. The reader 

is referred to that proposal for a more 

detailed discussion of this action. No 

comments were received in response to 

that proposal. 

IV. What is EPA’s conclusion? 

EPA has evaluated New York’s 

submittal for consistency with the Clean 

Air Act, EPA regulations, and EPA 

policy. EPA has determined that the 

revisions made to Part 235 and Part 239 

of Title 6 of the New York Codes, Rules 

and Regulations, entitled, ‘‘Consumer 

Products’’ and ‘‘Portable Fuel Container 

Spillage Control,’’ respectively, meet the 

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29898 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 

SIP revision requirements of the Clean 

Air Act with the following exceptions. 

The provisions related to innovative 

products exemptions in subpart 239–5, 

variances in subpart 239–7 and alternate 

test methods in subpart 239–8 do not 

explicitly require submission of an 

innovative product exemption, variance 

or alternative test method to EPA for 

approval into the SIP. Since the rule 

does not explicitly state that innovative 

product exemptions, variances or 

alternative test methods have to be 

submitted to EPA for approval in the 

SIP, there is the possibility that such 

exemptions, variances and alternatives 

will not be submitted for review and 

approval into the SIP and therefore will 

not, even though approved by the State, 

become federally enforceable. Failure to 

submit such exemptions, variances or 

alternatives to EPA for review and 

approval can lead to sources not 

understanding that the original rule still 

applies and can be enforced by the 

United States. In order to be federally 

enforceable, any exemption, variance or 

alternative test method approved by 

NYSDEC must be approved by EPA into 

the SIP. 

Therefore, EPA is approving the 

proposed revisions to Part 239, ‘‘Portable 

Fuel Container Spillage Control’’ with a 

State effective date of July 30, 2009, as 

part of the New York SIP with the 

understanding that the specific 

application of provisions associated 

with innovative product exemptions, 

variances, and alternate test methods, 

pursuant to Part 239, must be submitted 

to EPA as SIP revisions. EPA is also 

approving the proposed revisions to Part 

235, ‘‘Consumer Products’’ with a State 

effective date of October 15, 2009, as 

part of the New York SIP. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 27, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 27, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. Section 52.1670 is amended by 

adding new paragraph (c)(114) to read 

as follows: 

§ 52.1670 Identification of plans. 

* * * * * 

(c) * * * 

(114) On October 21, 2009 and 

November 23, 2009, the New York State 

Department of Environmental 

Conservation (NYSDEC), submitted to 

EPA proposed revisions to the SIP 

concerning control strategies which will 

result in volatile organic compound 

emission reductions that will help 

achieve attainment of the national 

ambient air quality standards for ozone. 

(i) Incorporation by reference: 

(A) Title 6 of the New York Code of 

Rules and Regulations, Part 235, 

‘‘Consumer Products,’’ with an effective 

date of October 15, 2009 and Part 239, 

‘‘Portable Fuel Container Spillage 

Control,’’ with an effective date of July 

30, 2009. 

(ii) Additional information: 

(A) Letters dated October 21, 2009 

and November 23, 2009 from Assistant 

Commissioner J. Jared Snyder, NYSDEC, 

to George Pavlou, Acting Regional 

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Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29899 

Administrator, EPA Region 2, 

submitting the SIP revision for parts 235 

and 239 respectively. 

■ 3. In § 52.1679, the table is amended 

by revising the entries for Title 6, Part 

235 and Part 239 to read as follows: 

§ 52.1679 EPA-approved New York State 

regulations. 

New York State regulation State effective date Latest EPA approval date Comments 

******* .................... ..................................................

Part 235, Consumer Products .. 10/15/09 5/28/10 [Insert FR page citation].

******* .................... ..................................................

Part 239, Portable Fuel Container Spillage Control.7/30/09 5/28/10 [insert FR page citation].The specific application of provisions associated with alternate 

test methods, variances and innovative products, must be 

submitted to EPA as SIP revisions. 

* * * * * * * .................... ..................................................

[FR Doc. 2010–12917 Filed 5–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2007–93; FRL–9156–5] 

RIN NA2040 

Withdrawal of Federal Antidegradation 

Policy for all Waters of the United 

States Within the Commonwealth of 

Pennsylvania 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final Rule. 

SUMMARY: EPA is taking final action on 

a 2008 proposal to withdraw the Federal 

antidegradation policy for all waters of 

the United States within the 

Commonwealth of Pennsylvania. We are 

withdrawing the Federal 

antidegradation policy to allow 

Pennsylvania to implement its own 

antidegradation policy. Pennsylvania 

has adequately demonstrated that its 

antidegradation policy protects all 

waters of the United States at a level 

consistent with the Federal 

requirements under the Clean Water 

Act. Therefore, the Federal 

antidegradation policy is redundant. 

DATES: This final rule is effective on 

June 28, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OW–2007–93. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the OW Docket Center. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (202) 566–2426, 

and the Docket address is OW Docket, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20004. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: 

Janita Aguirre at EPA Headquarters, 

Office of Water (4305T), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460 (telephone: 202–566–1149, 

fax: 202–566–0409 or e-mail: 

aguirre.janita@epa.gov) or Denise 

Hakowski at EPA Region 3 (3WP30), 

1650 Arch Street, Philadelphia, 

Pennsylvania 19103 (telephone: 215– 

814–5726, fax: 215–814–2318 or e-mail: 

hakowski.denise@epa.gov). 

SUPPLEMENTARY INFORMATION: 

I. Potentially Affected Entities 

Citizens concerned with water quality 

in Pennsylvania may be interested in 

this rulemaking. Entities discharging 

pollutants to the surface waters of 

Pennsylvania could be indirectly 

affected by this rulemaking since water 

quality standards are used in 

determining National Pollutant 

Discharge Elimination System (NPDES) 

permit limits. Because this action 

withdraws a redundant Federal 

antidegradation policy, the effect of this 

rulemaking should be insignificant. 

Categories and entities which may 

ultimately be affected include: 

Category .............. Examples of potentially 

affected entities. 

Industry .............. Industries discharging 

pollutants to surface 

waters in Pennsylvania. 

Municipalities .... Publicly-owned treatment works discharging pollutants to 

surface waters in 

Pennsylvania. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding NPDES-regulated 

entities likely to be affected by this 

action. This table lists the types of 

entities that EPA is now aware could 

potentially be affected by this action. 

II. Background 

Section 303 (33 U.S.C. 1313) of the 

Clean Water Act (CWA or Act) directs 

States, with oversight by EPA, to adopt 

water quality standards to protect the 

public health and welfare, enhance the 

quality of water and serve the purposes 

of the CWA. Under section 303, States 

are required to develop water quality 

standards for their navigable waters, and 

Section 303(c) and EPA’s implementing 

regulations at 40 CFR part 131 require 

State and Tribal water quality standards 

to include the designated use or uses to 

be made of the waters, water quality 

criteria sufficient to protect those uses, 

and an antidegradation policy. Under 

the CWA and EPA’s regulations, States 

are required to review their water 

quality standards at least once every 

three years and, if appropriate, revise or 

adopt new standards. The results of this 

triennial review must be submitted to 

EPA, and EPA must approve or 

disapprove any new or revised 

standards. Section 303(c) of the CWA 

authorizes the EPA Administrator to 

promulgate water quality standards to 

supersede State standards that EPA has 

disapproved or in any case where the 

Administrator determines that a new or 

WReier-Aviles on DSKGBLS3C1PROD with RULES