11742 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 

sought approval to implement the New 

Source Review (NSR) Reform provisions 

that were not vacated by the United 

States Court of Appeals for the District 

of Columbia (DC Circuit) in New York 

v. EPA. The final rule approved certain 

revisions to Ohio’s NSR program, which 

Ohio submitted to EPA for review on 

September 14, 2004, under the Clean 

Air Act (CAA). Subsequently EPA 

received a petition dated April 26, 2010, 

for reconsideration from the Natural 

Resources Defense Council (NRDC). The 

petition also requested that EPA stay 

implementation of certain provisions of 

the final rule pending its 

reconsideration. EPA considered the 

petition for reconsideration and request 

for an administrative stay, along with 

information contained in the 

rulemaking docket, in reaching a 

decision on both the petition and 

request for a stay. EPA Administrator, 

Lisa P. Jackson, denied both the petition 

for reconsideration and request for stay 

in a letter to the petitioner dated January 

24, 2012. The letter explains the basis 

for the denial and is available as set 

forth below. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Morgan, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6058, 

morgan.andrea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. How can I get copies of this document 

and other related information? 

This action, the petition for 

reconsideration, and the letter denying 

the petition for reconsideration and 

request for an administrative stay during 

the reconsideration are available in the 

docket that has been established for this 

action under Docket ID No. EPA–R05– 

OAR–2004–OH–0004. All documents in 

the docket are listed on the http:// 

www.regulations.gov Web site. Publicly 

available docket materials are available 

in hard copy at: Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

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

p.m., Monday through Friday, excluding 

Federal holidays. We recommend that 

you contact Andrea Morgan, 

Environmental Engineer, at (312) 353– 

6058 before visiting the Region 5 office. 

In addition to being available in the 

docket, an electronic copy of each of 

these documents will be available on 

the World Wide Web. Following 

publication, a copy of this action will be 

posted on EPA’s NSR Web site, under 

Regulations & Standards, at http:// 

www.epa.gov/nsr. 

II. Judicial Review 

Under CAA section 307(b), judicial 

review of this final action is available 

only by filing a petition for review in 

the U.S. Court of Appeals for the District 

of Columbia Circuit on or before April 

30, 2012. 

Dated: February 13, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–4474 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2011–0687, 

FRL–9635–4] 

Approval and Promulgation of 

Implementation Plans; New York; 

Motor Vehicle Enhanced Inspection 

and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a proposed 

State Implementation Plan revision 

submitted by the New York State 

Department of Environmental 

Conservation. This revision consists of 

changes to New York’s motor vehicle 

enhanced inspection and maintenance 

program that would eliminate the 

transient emission short test program as 

it relates to the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY-NJ-CT 8-hour ozone 

moderate nonattainment area. EPA is 

approving this State Implementation 

Plan revision because it meets all 

applicable requirements of the Clean Air 

Act and EPA’s regulations and because 

the revision will not interfere with 

attainment or maintenance of the 

national ambient air quality standards 

in the affected area. The intended effect 

of this action is to maintain consistency 

between the State-adopted rules and the 

federally approved SIP. 

DATES: Effective Date: This rule will be 

effective March 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2011–0687. All 

documents in the docket are listed on 

the 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 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 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, 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 action is EPA taking? 

II. What was included in New York’s 

proposed SIP submittal? 

III. What comments Did EPA receive in 

response to its proposal? 

IV. Summary of Conclusions 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

The EPA is approving a revision to 

the New York State Implementation 

Plan (SIP) pertaining to New York’s 

motor vehicle enhanced inspection and 

maintenance (I/M) program that 

proposes to end tailpipe testing on 

December 31, 2010. This proposed SIP 

revision also outlines several changes to 

New York’s enhanced I/M programs 

currently operating within the New 

York portion of the New York-Northern 

New Jersey-Long Island, NY-NJ-CT 

nonattainment area (referred to as 

NYMA). New York proposes to reduce 

the percentage of emissions waivers 

allowed within that area to 2% (from 

3%). New York indicates that the 

decentralized program, which features 

on-board diagnostics inspections, is as 

effective as a centralized test-only 

program for modeling purposes. 

II. What was included in New York’s 

proposed SIP submittal? 

After completing the appropriate 

public notice and comment procedures, 

on July 10, 2009, the New York State 

Department of Environmental 

Conservation (NYSDEC) submitted to 

EPA a proposed SIP revision that 

includes changes to the New York State 

enhanced I/M program. The changes 

include a proposal to end tailpipe 

testing through the New York Transient 

Emissions Short Test (NYTEST) I/M 

program on December 31, 2010. The 


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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 11743 

proposed revision also includes a 

reduction in the percentage of emissions 

test waivers allowed within NYMA to 

2% (from 3%) beginning in calendar 

year 2008. The SIP revision includes 

MOBILE6 vehicle emission modeling 

software (MOBILE6) demonstration for 

the high enhanced I/M performance 

standard. 

On February 15, 2011, NYSDEC made 

a supplemental SIP submittal to EPA 

which included recent revisions to Title 

6 of the New York Codes, Rules and 

Regulations (NYCRR), Part 217, ‘‘Motor 

Vehicle Emissions,’’ and the New York 

State Department of Motor Vehicles 

(NYSDMV) regulation found at Title 15 

NYCRR Part 79, ‘‘Motor Vehicle 

Inspection.’’ New York adopted these 

rule revisions to end the NYTEST I/M 

program. This submittal was also 

subject to public notice and comment. 

On September 16, 2011 (76 FR 57696), 

EPA proposed to approve New York’s 

revised I/M program. For a detailed 

discussion on the content and 

requirements of the revisions to New 

York’s regulations, the reader is referred 

to EPA’s proposed rulemaking action. 

III. What comments did EPA receive in 

response to its proposal? 

In response to EPA’s September 16, 

2011 proposed rulemaking action, EPA 

received no comments. 

IV. Summary of Conclusions 

EPA’s review of the materials 

submitted indicates that New York has 

revised its I/M program in accordance 

with the requirements of the Clean Air 

Act, 40 CFR Part 51 and all of EPA’s 

technical requirements for an 

approvable enhanced I/M program. EPA 

is approving the revisions to the Title 6, 

New York Codes, Rules and Regulations 

(NYCRR), Part 217, ‘‘Motor Vehicle 

Emissions,’’ Subparts 217–1, 217–4 and 

the adoption of new Subpart 217–6, as 

effective on December 5, 2010, and the 

New York State Department of Motor 

Vehicles (NYSDMV) regulation Title 15 

NYCRR Part 79 ‘‘Motor Vehicle 

Inspection,’’ Sections 79.1–79.15, 79.17, 

79.20, 79.21, 79.24, 79.25, as effective 

on December 29, 2010, which 

incorporate the State’s motor vehicle 

I/M program requirements. The Clean 

Air Act gives states the discretion in 

program planning to implement 

programs of the state’s choosing as long 

as necessary emission reductions are 

met. EPA is also approving New York’s 

performance standard modeling 

demonstration, which reflects the 

State’s I/M program as it is currently 

implemented in the NYMA as well as 

throughout New York State. 

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 April 30, 2012. 

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, Carbon monoxide, 

Hydrocarbons, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: February 1, 2012. 

Judith A. Enck, 

Regional Administrator, Region 2. 

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. In § 52.1670, the table in paragraph 

(c) is amended by revising the entry 

under Title 6 for Part 217 and the entry 

under Title 15 for Part 79 to read as 

follows: 


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11744 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 

§ 52.1670 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW YORK STATE REGULATIONS

New York State regulation State effective 

date Latest EPA approval date Comments 

Title 6: 

* * * * * * * 

Part 217, Motor Vehicle Emissions: 

Subpart 217–1, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements Until December 31, 2010.12/5/10 2/28/12 [Insert page number where the document 

begins] 

Subpart 217–4, Inspection and Maintenance Program Audits Until December 31, 2010.12/5/10 2/28/12 [Insert page number where the document 

begins] 

Subpart 217–6, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements Beginning January 1, 2011.12/5/10 2/28/12 [Insert page number where the document 

begins] 

* * * * * * * 

Title 15: Part 79, ‘‘Motor Vehicle Inspection Regulations’’ 

Sections 79.1–79.15, 79.17, 79.20, 79.21, 79.24, 79.25 ................................ 12/29/10 2/28/12 [Insert page number where the document 

begins] 

[FR Doc. 2012–4470 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0696–201202; FRL– 

9635–6] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Prevention of Significant Deterioration; 

Greenhouse Gas Tailoring Rule 

Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a revision to the State 

Implementation Plan (SIP), submitted 

by the State of Tennessee, through the 

Tennessee Department of 

Environmental Conservation (TDEC), 

Air Pollution Control Division, to EPA 

on August 30, 2010, for parallel 

processing. TDEC submitted the final 

version of this SIP revision on January 

11, 2012. The SIP revision approved by 

today’s action adopts into Tennessee’s 

SIP rules impacting the regulation of 

greenhouse gases (GHGs) under 

Tennessee’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) program. Specifically, the SIP 

revision establishes appropriate 

emission thresholds for determining 

which new stationary sources and 

modification projects become subject to 

Tennessee’s PSD permitting 

requirements for GHG emissions. This 

rule incorporates state law changes into 

the federally approved SIP, and 

specifically clarifies the applicable 

thresholds in the Tennessee SIP for 

GHG PSD requirements. EPA is 

approving Tennessee’s January 11, 2012, 

SIP revision because the Agency has 

made the determination that this SIP 

revision is in accordance with the Clean 

Air Act (CAA or Act) and EPA 

regulations, including regulations 

pertaining to PSD permitting for GHGs. 

Additionally, EPA is responding to 

adverse comments received on EPA’s 

November 5, 2010, proposed approval of 

Tennessee’s August 30, 2010, draft SIP 

revision. 

DATES: Effective Date: This rule will be 

effective March 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2010–0696. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

for further information. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Tennessee 

SIP, contact Ms. Twunjala Bradley, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Bradley’s telephone number is (404) 

562–9352; email address: bradley.

twunjala@epa.gov. For information 

regarding the Tailoring Rule, contact 

Ms. Heather Abrams, Air Permits 

Section, at the same address above. Ms. 

Abrams’ telephone number is (404) 562– 

9185; email address: abrams.heather@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this final 

action? 

II. What is EPA’s response to comments 

received on this action? 

III. What is the effect of this final action? 

IV. Final Action 

V. Statutory and Executive Order Reviews 


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