67004 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major’’ rule as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 February 23,

1998. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: September 27, 1997.

Felicia Marcus,

Regional Administrator, Region IX.

Part 52, 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 F—California

2. Section 52.220 is amended by

adding paragraph (c)(239)(i)(A)(2) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(A) * * *

(2) Rule 1115, adopted on March 2,

1992 and amended on April 22, 1996.

* * * * *

[FR Doc. 97–33321 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NY10–2–174; FRL–

5934–7]

Approval and Promulgation of

Implementation Plans; Revisions to the

New York State Implementation Plan

for Ozone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency is approving a revision to the

New York State Implementation Plan

(SIP) related to the control of volatile

organic compounds. The SIP revision

consists of amendments to Part 200,

‘‘General Provisions,’’ Part 201,

‘‘Permits and Certificates,’’ Part 228,

‘‘Surface Coating Processes,’’ Part 229,

‘‘Petroleum and Volatile Organic Liquid

Storage,’’ Part 233, ‘‘Pharmaceutical and

Cosmetic Manufacturing Processes,’’

and Part 234, ‘‘Graphic Arts.’’ The

amendments extend reasonably

available control technology rules to

enlarged nonattainment areas and to all

of New York State which is part of the

Northeast Ozone Transport Region as

required by the Clean Air Act. In

addition, the amendments to Part 228

correct deficiencies in New York’s

existing SIP, as required by the Clean

Air Act.

EFFECTIVE DATE: This rule is effective

January 22, 1998.

ADDRESSES: Copies of the State

submittal are available at the following

addresses for inspection during normal

business hours:

Environmental Protection Agency,

Region II Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866.

New York State Department of

Environmental Conservation, Division

of Air Resources, 50 Wolf Road, Albany,

New York 12233.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M Street,

S.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Paul

R. Truchan, Air Programs Branch,

Environmental Protection Agency, 290

Broadway, 25th Floor, New York, New

York 10278, (212) 637–4249.

SUPPLEMENTARY INFORMATION: On May

24, 1995, the Environmental Protection

Agency (EPA) published in the Federal

Register (60 FR 27464) a Notice of

Proposed Rulemaking (NPR) concerning

a revision to the New York State

Implementation Plan (SIP) for ozone.

The State requested the SIP be revised

to incorporate revised regulations

contained in Title 6 of the New York

Code of Rules and Regulations (NYCRR)

Part 200, ‘‘General Provisions,’’ Part 201

‘‘Permits and Certificates,’’ Part 228,

‘‘Surface Coating Processes,’’ Part 229

‘‘Petroleum and Volatile Organic Liquid

Storage and Transfer,’’ Part 233,

‘‘Pharmaceutical and Cosmetic

Manufacturing Processes,’’ and Part 234,

‘‘Graphic Arts.’’ These regulations were

adopted on February 26, 1993, and

became effective on April 4, 1993.

Final Action

The revisions and the rationale for

EPA’s action were explained in EPA’s

May 24, 1995 NPR and will not be

restated here since EPA’s final action

does not differ from that proposed in the

NPR. No comments were received on

EPA’s proposed action. EPA is

approving Parts 200, 201, 228, 229, 233

and 234 because they are consistent

with EPA policy and guidance and also

meet the requirements of sections 110,

182(a)(2)(A), 182(b)(2) and 184(b) of the

Clean Air Act.

It should be noted that sections

228.3(e), 229.3(g) and (h), 233.3(h), and

234.3(f) permit the Commissioner of the

New York State Department of

Environmental Conservation (NYSDEC)

to accept a lesser degree of control

(alternative requirements) upon

submission of satisfactory technical

and/or economic evidence that the

source has applied reasonably available

control technology. These provisions

also require that any lesser degree of

control must be submitted to the EPA as

a revision to the SIP. EPA views these

provisions as giving the Commissioner

the authority to permit alternative

requirements once they have been

submitted and approved by EPA as SIP

revisions. EPA will not recognize any

variance or alternate requirement as

being federally enforceable until it is

submitted to EPA by the State and is

approved by EPA as a source specific

SIP revision.

Sections 229.4(a)(4), 233.4(b)(4) and

234.4(b)(1)(iv) permits the

Commissioner and EPA to accept
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations 67005

alternative analytical methods for

determining compliance with emission

limits, contained in these Parts, when

approved test methods are not

applicable. These provisions require

that any alternate test method must be

approved in advance by the NYSDEC

and EPA before they can be used.

Section 228.5(c) permits the

Commissioner to accept alternative

analytical methods for determining

compliance with emission limits,

contained in part 228, when approved

test methods are not applicable. In such

a case, EPA reserves its right to

demonstrate the applicability of Test

Method 24 (40 CFR part 60, appendix

A).

It should be noted that Part 201

contains the requirements for the State’s

permit to construct and certificate to

operate program. These provisions are

not intended to meet the Title V Permits

Program required by the Clean Air Act.

New York has made a subsequent

submittal to EPA which addresses the

Title V Permits Program. Also, Part 201

contains a previously adopted odor

provision which EPA will act on in a

separate rulemaking.

SIP Deficiencies

The revisions to Parts 200 and 228

addressed several deficiencies which

EPA identified in a May 26, 1988 letter

to former Governor Cuomo and a

January 30, 1991 letter to the NYSDEC

Commissioner which found the SIP

substantially inadequate to attain the

ozone and carbon monoxide standards.

With EPA’s approval of these

regulations, EPA is making a finding

that New York has now corrected all but

one deficiency which involves the test

methods for determining capture

efficiency for VOC emission control

systems.

EPA originally provided guidance on

such test methods, but states and

industry inquired whether less costly

and less time consuming alternatives

were possible. EPA began a study of

capture efficiency test methods and

issued a moratorium on the need to

correct any deficient regulations until

the study was complete. On February 7,

1995, EPA announced the completion of

this study, ‘‘Guidelines For Determining

Capture Efficiency,’’ and required any

states with this deficiency to correct

their VOC regulations. On March 20,

1995, EPA notified New York that such

corrections were now required. Because

the regulations which are the subject of

this Federal Register notice were

proposed and adopted prior to March

20, 1995, EPA is approving the

regulations which are the subject of this

rulemaking. However, submission and

approval of the capture efficiency test

methods is still necessary for full

approval of New York’s SIP. New York

is in the process of developing the

necessary revisions to address capture

efficiency test methods. The next time

the State submits a SIP revision

containing these regulations, EPA will

require that they contain these test

methods.

As of February 27, 1995, EPA’s

moratorium on the use of such methods

ended and the methods in the February

27, 1995 guidance document are

considered by EPA to be accurate and

credible. Should a situation arise which

involves capture efficiency, EPA will

require confirmation of capture

efficiency values using the appropriate

test method.

Conclusion

EPA is approving Parts 200, 201, 228,

229, 233 and 234 as part of the SIP.

Sections 228.3(e)(1), 229.3(g)(1),

233.3(h)(1), and 234.3(f)(1) allow for

alternative requirements provided they

are submitted to the EPA for approval as

a source specific SIP revision. EPA will

not recognize any variance or alternate

requirement as being federally

enforceable until it is submitted to EPA

by the State and is approved by EPA as

a source specific SIP revision. Alternate

analytical methods for determining

compliance with surface coating

emission limits pursuant to Section

228.5(c) are approved based on

NYSDEC’s agreement that, for purposes

of being federally enforceable, New

York will submit these alternate test

methods to EPA for approval.

Nothing in this rule should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Administrative Requirements

Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the federal SIP approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

CAA, preparation of a flexibility

analysis would constitute federal

inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

federal mandate that may result in

estimated annual costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

Submission to Congress and the General

Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller
67006 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

Petitions for Judicial Review

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 February 23,

1998. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: November 26, 1997.

Jeanne M. Fox,

Regional Administrator, Region II.

Part 52, 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)(93) to read as

follows:

§ 52.1670 Identification of plan.

* * * * *

(c) * * *

* * * * *

(93) Revisions to the New York State

Implementation Plan (SIP) for ozone

concerning the control of volatile

organic compounds from petroleum and

volatile organic compound storage and

transfer, surface coating and graphic arts

sources, dated March 8, 1993 submitted

by the New York State Department of

Environmental Conservation (NYSDEC).

(i) Incorporation by reference:

(A) Amendments to Title 6 of the New

York Code of Rules and Regulations

(NYCRR) Part 200 ‘‘General Provisions,’’

Part 201 ‘‘Permits and Certificates,’’ Part

228 ‘‘Surface Coating Processes,’’ and

Part 229 ‘‘Petroleum and Volatile

Organic Liquid Storage and Transfer,’’

Part 233 ‘‘Pharmaceutical and Cosmetic

Manufacturing Processes,’’ and Part 234

‘‘Graphic Arts,’’ effective April 4, 1993.

3. Section 52.1679 is amended by

revising the six entries for Parts 200,

201, 228, 229, 233 and 234 to the table

in numerical order to read as follows:

§ 52.1679 EPA—approved New York State

regulations.

New York State regulationState effective dateLatest EPA approval

date Comments

Part 200, General Provisions.4/4/93 December 23, 1997, FR

67006.

Redesignation of nonattainment areas to attainment areas (200.1(mm))

does not relieve a source from compliance with previously applicable requirements as per letter of Nov. 13, 1981 from H. Hovey, NYSDEC.

Part 201, Permits and

Certificates.

4/4/93 December 23, 1997, FR

67006.

* * * * *

Part 228, Surface Coating Processes:

228.1–228.10 ........... 4/4/93 December 23, 1997, FR

67006.

SIP revisions submitted in accordance with Section 228.3(e)(1) are effective only if approved by EPA.

Part 229, Petroleum and

Volatile Organic Liquid

Storage and Transfer.

4/4/93 December 23, 1997, FR

67006.

SIP revisions submitted in accordance with Section 229.3(g)(1) are effective only if approved by EPA.

* * * * *

Part 233, Pharmaceutical

and Cosmetic Processes.

4/4/93 December 23, 1997, FR

67006.

SIP revisions submitted in accordance with Section 223.3(h)(1) are effective only if approved by EPA.

Part 234, Graphic Arts .... 4/4/93 December 23, 1997, FR

67006.

SIP revisions submitted in accordance with Section 234.3(f)(1) are effective only if approved by EPA.

[FR Doc. 97–33317 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CO–44–1–6866(a); FRL–5630–1]

Clean Air Act Approval and

Promulgation of State Implementation

Plan for Colorado; Carbon Monoxide

Contingency Measures for Colorado

Springs and Fort Collins

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA approves the State

implementation plan (SIP) revisions

submitted by the State of Colorado with

a letter dated February 18, 1994. This

submittal addresses the Federal Clean

Air Act requirement to submit

contingency measures for carbon

monoxide (CO) for the Colorado Springs

and Fort Collins areas designated as

nonattainment for the CO National

Ambient Air Quality Standards

(NAAQS). The rationale for the approval

is set forth in this document; additional

information is available at the address

indicated below.