35042 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules 

provided in the discussion above, 

Element I and the visibility aspect of 

Element J are not being addressed. 

The EPA is soliciting public 

comments on the issues discussed in 

this proposal. These comments will be 

considered before the EPA takes final 

action. Interested parties may 

participate in the federal rulemaking 

procedure by submitting comments 

electronically following the directions 

in the ADDRESSES section of this Federal 

Register. 

IX. 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 CAA and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR. 52.02(a). Thus, in reviewing SIP 

submissions, the 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 Orders 12866 (58 FR 51735 

(October 4, 1993)) 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)); 

• 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 

this action does not involve technical 

standards; and 

• Does not provide the 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)). 

This proposed rulemaking pertaining 

to New York’s section 110(a)(2) 

infrastructure requirements for the 2015 

Ozone NAAQS is not approved to apply 

on any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the proposed 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 (see 

65 FR 67249 (November 9, 2000)). 

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, Nitrogen oxides. 

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

Dated: June 23, 2021. 

Walter Mugdan, 

Acting Regional Administrator, EPA Region 

2. 

[FR Doc. 2021–14057 Filed 6–30–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2020–0466, FRL 10025–61– 

Region 2] 

Approval of Air Quality Implementation 

Plans; New York; Part 212, Process 

Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the New York State 

Implementation Plan concerning 

process operations. The intended effect 

of this revision is to streamline and 

update provisions, align those 

provisions with permitting regulations, 

and provide regulatory certainly for the 

regulated community. New York’s 

comprehensive submittal also included 

Operating Permit Program requirements; 

however, the EPA will be acting on 

these revisions under a separate action. 

DATES: Comments must be received on 

or before August 2, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2020–0466, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marina Cubias-Castro, Air Programs 

Branch, Environmental Protection 

Agency, Region 2, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–3713, or by email at 

castro.marina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. EPA’s Evaluation of New York’s Submittal 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

The Environmental Protection Agency 

(EPA) proposes to approve New York’s 

State Implementation Plan (SIP) 

submittal consisting of revisions to Title 

6 of the New York Codes, Rules and 

Regulations (6 NYCRR) Part 212, now 

entitled, ‘‘Process Operations,’’ which 

applies to process emission sources 

and/or emission points associated with 

a process operation, and which will 

streamline and update provisions, align 

those provisions with permitting 

regulations, and provide regulatory 

certainly for the regulated community. 

In addition, attendant revisions were 

made to 6 NYCRR Part 200, ‘‘General 

Provisions,’’ in order to add a new 

Subdivision (cy) to define 

‘‘Polychlorinated Dibenzo-para-dioxins 

and Polychlorinated Dibenzofurans’’ to 

Section 200.1. The EPA is proposing to 

approve these revisions, requested by 


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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules 35043 

1The NYSDEC repealed Part 212, which was 

previously entitled, ‘‘General Process Emission 

Sources,’’ and replaced it with the current version, 

entitled, ‘‘Process Operations.’’ The NYSDEC 

proposes to revise the New York SIP to remove an 

outdated version of Part 212 that was previously 

approved by the EPA on July 12, 2013 (78 FR 

41846), and incorporate the current March 26, 2021 

version of Part 212. 

New York, to strengthen the 

effectiveness of New York’s SIP. 

II. EPA’s Evaluation of New York’s 

Submittal 

On February 5, 2019, the New York 

State Department of Environmental 

Conservation (NYSDEC) submitted to 

the EPA the proposed revisions to Parts 

200 and 212, along with supplemental 

materials, including documentation of 

the comment period and public 

hearings, and the NYSDEC’s responses 

to public comments. On March 26, 

2021, the NYSDEC submitted to the EPA 

additional proposed attendant revisions 

to Part 212, along with documentation 

of the comment period and public 

hearings, and the NYSDEC’s responses 

to public comments. These materials are 

in the EPA’s docket for this proposal. 

The State’s March 26, 2021 

comprehensive SIP submittal also 

proposes revisions to the Part 201 

Operating Permit Program to require 

owners and operators of air 

contamination sources to obtain a 

permit or registration, and for Part 200.1 

General Provisions for combustion 

installation, emergency power 

generating station internal combustion 

engine, fossil fuel and furnace. 

However, the EPA will act on these 

revisions in a separate action. 

Revisions to Parts 200 and 212 

The EPA is proposing to approve the 

revisions to Parts 200 and 212. The 

revisions to Part 200 apply to a 

combination or mixture containing four 

to eight chlorinated dibenzo-paradioxins and/or chlorinated 

dibenzofurans and/or specific 

polychlorinated biphenyls. The 

revisions to Part 212 apply to process 

emission sources and/or emission 

points associated with a process 

operation. These revisions streamline 

and update provisions, align those 

provisions with permitting regulations, 

and provide regulatory certainly for the 

regulated community. The EPA 

proposes to approve these revisions to 

strengthen the New York’s SIP.1

The proposed changes to Part 212 

include: Establishing consistent 

terminology between Part 212 Part 200, 

as well as 6 NYCRR Part 201, ‘‘Permits 

and Registrations’’; establishing a Toxic 

Best Available Control Technology (T– 

BACT) standard for toxic air 

contaminants; clarifying the interaction 

between Part 212 and the National 

Emission Standards for Hazardous Air 

Pollutants (NESHAPs); offering a 

streamlined approach for demonstrating 

compliance with regulatory standards 

for air contaminants by adopting a mass 

emission rate option; replacing the 

current Part 212 control requirement, 

which provides the NYSDEC 

Commissioner with discretion to 

establish the degree of required air 

cleaning, with a performance of air 

dispersion modeling analysis in order to 

demonstrate compliance with the 

NYSDEC Guideline Concentrations or 

National Ambient Air Quality Standards 

(NAAQS); controlling High Toxicity Air 

Contaminants (HTACs) to the greatest 

extent possible; and generally 

reorganizing and clarifying Part 212. 

Aside from renumbering and 

replacement of the term ‘‘Lower Orange 

County’’ with a list of regulated Orange 

County towns, this proposed 

rulemaking does not change the 

language of existing Section 212.10, 

‘‘Reasonably Available Control 

Technology for Major Facilities,’’ which 

is renumbered in the proposed revisions 

as Subpart 212–3. Neither does this 

proposed rulemaking change the 

language of existing Section 212.12, 

‘‘Control of Nitrogen Oxides for Hot Mix 

Asphalt Production Plants,’’ other than 

renumbering the section to Section 212– 

2.4 in line with the proposed new 

numbering. Under Sections 212– 

3.1(c)(3) and 212–4.1(c), process specific 

Reasonably Available Control 

Technology (RACT) determinations 

must be submitted to the EPA as SIP 

revisions and are effective only if 

approved by the EPA. 

In addition, Subdivision 212–1.4(a) is 

revised to clarify its requirements. 

Subdivision 212–1.4(k) is revised to 

address toxic emissions from the iron 

and steel industry. Paragraph 212– 

1.5(e)(2) is revised to include an 

alternative toxic impact assessment 

method. Table 2 in Section 212–2.2 is 

revised to be consistent with Table 1 in 

Subpart 201–9 and to reflect the latest 

toxicological information. Table 6 in 

Subdivision 212–2.5(b) is revised to 

show permissible emission rates 

consistent with the formula presented in 

that Subdivision. 

III. Proposed Action 

The EPA proposes to approve the 

revisions to New York’s Title 6 of the 

New York Codes, Rules and Regulations 

Part 212, ‘‘General Process Emission 

Sources’’ and Section 200.1, 

‘‘Definitions,’’ both with a State 

effective date of April 30, 2015, along 

with additional revisions to Part 212, 

with a State effective date of February 

25, 2021, into New York’s SIP, in order 

to strengthen enforcement of the State’s 

air pollution control regulations. The 

EPA is soliciting public comments on 

the issues discussed in this proposed 

rulemaking action. These comments 

will be considered before taking final 

action. 

IV. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, we are 

proposing to incorporate by reference 

the provisions described above in 

Section II. 

The EPA has made, and will continue 

to make, these documents generally 

available electronically through http://

www.regulations.gov and/or in hard 

copy at the EPA Region 2 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. 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 proposes to approve 

state law that meets federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed 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) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 3, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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); 


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35044 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules 

• 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 CAA; and 

• Does not provide the 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 proposed rule does 

not have tribal implications as specified 

by Executive Order 13175, because the 

SIP is not approved to apply in Indian 

country located in the state, and the 

EPA notes that it will not impose 

substantial direct compliance costs on 

tribal governments or preempt tribal 

law. Thus, Executive Order 13175 does 

not apply to this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Nitrogen oxides, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: June 26, 2021. 

Walter Mugdan, 

Acting Regional Administrator, EPA Region 

2. 

[FR Doc. 2021–14055 Filed 6–30–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R08–OAR–2021–0004; FRL–10025– 

48–Region 8] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Colorado; Control of 

Emissions From Existing Municipal 

Solid Waste Landfills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

Clean Air Act (CAA or the ‘‘Act’’) 

section 111(d) state plan submitted by 

the Colorado Department of Public 

Health and Environment (CDPHE or the 

‘‘Department’’) on March 23, 2021. This 

state plan was submitted to fulfill the 

requirements of the CAA and is 

responsive to the EPA’s promulgation of 

Emission Guidelines and Compliance 

Times (EG) for existing municipal solid 

waste (MSW) landfills. The Colorado 

state plan establishes performance 

standards and other operating 

requirements for existing MSW landfills 

within the State of Colorado and 

provides for the implementation and 

enforcement of those standards and 

requirements by the Department. 

DATES: Written comments must be 

received on or before August 2, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0004, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air and Radiation Division, 

Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. The EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding federal holidays 

and facility closures. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Lohrke, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6396, 

email address: lohrke.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

On August 29, 2016, the EPA 

finalized revised Standards of 

Performance (NSPS) for new MSW 

landfills and EG for existing MSW 

landfills in 40 CFR part 60, subparts 

XXX and Cf, respectively. See 81 FR 

59331 and 59313. These rulemaking 

actions were taken in accordance with 

section 111 of the CAA. Section 111(d) 

of the Act requires the EPA establish 

procedures for a state to submit a plan 

to the Agency that establishes standards 

of performance for any ’existing’ source 

for any air pollutant, (1) for which air 

quality criteria have not been issued or 

which is not included on a list 

published under CAA section 108, or 

emitted from a source category which is 

regulated under CAA section 112, but 

(2) to which a new source performance 

standard under section 111(b) would 

apply if such existing source were a 

‘new’ source. The EPA established 

general provisions for submittal of state 

plans for 111(d) sources in 40 CFR part 

60, subpart B. State plan submittals for 

111(d) sources must be consistent with 

the requirements of these general 

provisions and also establish 

performance standards and other 

requirements at least as stringent as 

those established by the relevant EG as 

published in 40 CFR part 60. Upon state 

plan submittal, the EPA reviews a state’s 

plan for consistency with the 

requirements of the general provisions 

and specific EG. If the state plan is 

complete and approvable with reference 

to these requirements, the Agency 

notifies the public, promulgates the plan 

in 40 CFR part 62 and delegates 

implementation and enforcement of the 

standards and requirements of the EG to 

the state under the terms of the state 

plan as published in the CFR. Today’s 


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