49482 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

1 In an email dated December 6, 2017, the New 

York State Department of Environmental 

Conservation (NYSDEC) provided a copy of the 

New York State Office of Attorney General opinion 

dated June 9, 1980, finding that New York state 

administrative agencies are authorized to 

incorporate by reference federal statutes and 

regulations that are applicable to the state, and that 

such action is not prohibited by the New York State 

Constitution. 

requirements, Volatile organic 

compounds. 

Dated: August 27, 2021. 

Elizabeth Adams, 

Acting Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends part 52, chapter I, title 

40 of the Code of Federal Regulations as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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)(503)(i)(B)(2) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(503) * * * 

(i) * * * 

(B) * * * 

(2) Rule 61.3.1, ‘‘Transfer of Gasoline 

into Stationary Underground Storage 

Tanks,’’ adopted on March 1, 2006. 

* * * * * 

§ 52.237 [Amended] 

■ 3. Section 52.237 is amended by 

removing and reserving paragraph 

(b)(2)(i)(A). 

[FR Doc. 2021–19031 Filed 9–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2018–0564, FRL 8921–02– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities; New 

York 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the state 

plan submitted by New York State to 

implement and enforce Emission 

Guidelines (EG) for existing large 

municipal waste combustor (MWC) 

units. The state plan is consistent with 

the amended EG promulgated by the 

EPA on May 10, 2006. New York’s plan 

establishes emission limits and other 

requirements for the purpose of 

reducing emissions of lead, mercury, 

cadmium, organics, hydrogen chloride, 

and other air pollutants from large MWC 

units throughout the state. New York 

submitted its plan to fulfill the 

requirements of certain sections of the 

Clean Air Act. 

DATES: This rule is effective on October 

4, 2021. The incorporation by reference 

of certain materials listed in the rule is 

approved by the Director of the Federal 

Register as of October 4, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2018–0564. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 through 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional available information. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866, (212) 637–3378, 

or by email at Taveras.Fausto@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

following table of contents describes the 

format for the SUPPLEMENTARY

INFORMATION section: 

I. What action is the EPA taking? 

II. What are the details of the EPA’s action? 

III. What comments were received in 

response to the EPA’s proposed action? 

IV. What is the EPA’s conclusion? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What action is the EPA taking? 

The EPA is approving New York’s 

revised state plan, submitted on July 12, 

2013, for the control of air emissions 

from existing large municipal waste 

combustor (MWC) units throughout the 

state, except for any existing large MWC 

units located in Indian Nation Land. In 

accordance with the Clean Air Act 

(‘‘CAA’’ or the ‘‘Act’’), New York 

previously submitted a state plan on 

December 15, 1997, as supplemented on 

June 22, 1998, which was approved by 

the EPA on August 4, 1998. See 63 FR 

41427. New York also submitted a 

revised state plan on October 7, 1998, as 

supplemented on November 5, 1998, 

which was approved by the EPA on 

February 9, 1999. See 64 FR 6237. New 

York submitted its July 12, 2013 revised 

plan to fulfill the requirements of 

sections 111(d) and 129 of the CAA. The 

revised state plan adopts and 

implements the Emission Guidelines 

(EG) amended by the EPA on May 10, 

2006 applicable to existing large MWC 

units and establishes revised emission 

limits and other requirements for units 

constructed on or before September 20, 

1994. See 71 FR 27324 (May 10, 2006); 

40 CFR 60.32b(a). New York’s revised 

state plan regulates all the existing units 

designated as large MWCs by the 

amended EG with a combustion 

capacity greater than 250 tons per day 

of municipal solid waste for which 

construction commenced on or before 

September 20, 1994. This approval, 

once effective, will render New York’s 

revised large MWC rules included in the 

state plan federally enforceable. 

II. What are the details of the EPA’s 

action? 

On July 12, 2013,1 the New York State 

Department of Environmental 

Conservation (NYSDEC) submitted to 

the EPA its sections 111(d) and 129 state 

plan to implement the EPA’s amended 

EG for existing large MWC units located 

in New York state. New York has 

incorporated by reference the applicable 

requirements of the amended EG in Part 

200 of Title 6 of the New York Codes, 

Rules and Regulations (6 NYCRR), 

entitled, ‘‘General Provisions.’’ The 

amended regulation became effective on 

October 20, 2007. New York will 

enforce the requirements under Part 

201, entitled ‘‘Permits and 

Registration.’’ By incorporating the 

requirements of the amended EG into 

Part 200, NYSDEC has the authority to 

include them as applicable 

requirements in the permits of subject 

emission sources. As a result, the Part 

200 requirements are enforceable by 

New York and become federally 

enforceable once the state plan is 

approved by the EPA. 

New York’s revised state plan 

includes all of the EPA’s required 

elements as described in the amended 

EG and 40 CFR subpart B, as 

summarized herein: 

(1) A demonstration of the state’s legal 

authority to implement the CAA 

sections 111(d) and 129 state plan; 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 49483 

(2) State rules adopting the amended 

EG (6 NYCRR Part 200) as the 

mechanism for implementing and 

enforcing the state plan; 

(3) An inventory of seven known large 

MWC facilities, including eighteen large 

MWC units, along with an inventory of 

their air pollutant emissions (see section 

C of New York’s state plan); 

(4) Emission limits, emission 

standards, operator training and 

qualification requirements, and 

operating limits that are at least as 

protective as the amended EG; 

(5) Enforceable compliance schedules 

as indicated in the amended EG. 

Compliance with revised emission 

limits (see 40 CFR 60.39b) was required 

as expeditiously as practicable, but not 

later than April 28, 2009, except as 

noted in 40 CFR 60.39b(g)(2) for a 

facility that was planning an extensive 

emission control system upgrade that 

petitioned the Administrator for a 

longer compliance schedule. If 

approved by the Administrator, the 

longer compliance schedule may have 

been extended no later than May 10, 

2011. If no plan for implementing the 

amended EG was approved by the EPA, 

all MWC units that meet the 

applicability standards set forth in 40 

CFR 60.32b must have been in 

compliance with all requirements of the 

amended EG no later than May 10, 2011 

(see 40 CFR 60.39b(h)). 

(6) Testing, monitoring, reporting, and 

recordkeeping requirements for the 

designated facilities; 

(7) Records of the public hearing on 

the revised state plan; and, 

(8) Provisions for annual state 

progress reports to the EPA on 

implementation of the revised state 

plan. 

The EPA reviewed New York’s 

revised state plan for approval against 

the following criteria: 40 CFR 60.23 

through 60.26, ‘‘Subpart B—Adoption 

and Submittal of State Plans for 

Designated Facilities,’’ ‘‘Subpart Cb— 

Emissions Guidelines and Compliance 

Times for Large Municipal Waste 

Combustors That are Constructed on or 

Before September 20, 1994,’’ and 40 

CFR part 62 subpart A, ‘‘General 

Provisions’’ for ‘‘Approval and 

Promulgation of State Plans for 

Designated Facilities and Pollutants.’’ 

On September 10, 2018 (see 83 FR 

45589), the EPA proposed to determine 

that New York’s revised state plan for 

large MWC units includes all the 

required state plan elements described 

in the amended EG and, therefore, the 

EPA proposed approval of New York’s 

July 12, 2013 state plan submittal. 

III. What comments were received in 

response to the EPA’s proposed action? 

In response to the EPA’s September 

10, 2018 (see 83 FR 45589) proposed 

rulemaking on New York’s state plan 

submission for existing large MWCs, the 

EPA received two comments during the 

30-day public comment period. The first 

public comment, posted on October 9, 

2018, supports the EPA’s proposed 

rulemaking to approve New York’s state 

plan. Also, the EPA has determined that 

the second public comment, posted on 

October 17, 2018, is outside the scope 

of our proposed action and fails to 

identify any material issue necessitating 

a response. The second public comment 

does not raise any issues germane to the 

EPA’s proposed action. For these 

reasons, the EPA will not provide a 

specific response to the second public 

comment. The specific public comments 

may be viewed under Docket ID Number 

EPA–R02–OAR–2018–0564 on the 

http://www.regulations.gov website. 

IV. What is the EPA’s conclusion? 

The EPA has determined that New 

York’s revised state plan meets all the 

applicable approval criteria as discussed 

above and, therefore, the EPA is 

approving New York state’s CAA 

sections 111(d) and 129 revised state 

plan for existing large municipal waste 

combustor units. 

V. Incorporation by Reference 

In accordance with the requirements 

of 1 CFR 51.5, the EPA is finalizing 

regulatory text that includes the 

incorporation by reference of Table 2 of 

subdivision 200.10(b) at Part 200 of 

Title 6 NYCRR (effective October 20, 

2007) which is part of the CAA section 

129 plan applicable to existing large 

MWCs in New York. The regulatory 

provision at 6 NYCRR section 200.10(b), 

entitled, ‘‘Delegated Federal New 

Source Performance Standards of 40 

CFR 60,’’ incorporates by reference the 

Emission Guidelines (EG) for existing 

large MWCs, promulgated by the EPA at 

40 CFR part 60 subpart Cb, and 

establishes emission standards and 

compliance times for the control of lead, 

mercury, cadmium, organics, hydrogen 

chloride, and other air pollutants from 

certain MWCs that commenced 

construction on or before September 20, 

1994. The EPA has made, and will 

continue to make, Table 2 of 

subdivision 200.10(b) at Part 200 of 

Title 6 NYCRR generally available 

electronically through 

www.regulations.gov, Docket No. EPA– 

R02–OAR–2018–0564 and 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). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

state plan, have been incorporated by 

reference by EPA into that plan, and are 

fully federally enforceable under the 

CAA as of the effective date of the final 

rulemaking. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a CAA section 

111(d)/129 plan submission that 

complies with the provisions of the Act 

and applicable federal regulations. See 

42 U.S.C. 7411(d); 40 CFR part 60 

subparts B and Cb; and 40 CFR part 62 

subpart A; and 40 CFR 62.04. Thus, in 

reviewing CAA section 111(d)/129 plan 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Act and 

implementing regulations. Accordingly, 

this action, as finalized, merely 

approves state law that meets federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action, as finalized: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

Oct. 4, 1993) and Executive Order 13563 

(76 FR 3821, Jan. 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, Aug. 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 


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49484 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

• 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, Feb. 16, 1994). 

In addition, this final rule 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, Nov. 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., which was included 

as part of 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 Congress and 

to the Comptroller General of the United 

States. The 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 CAA, 

42 U.S.C. 7607(b)(1), petitions for 

judicial review of this action must be 

filed in the United States Court of 

Appeals for the Second Circuit by 

November 2, 2021. 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), 42 U.S.C. 7607(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Waste 

treatment and disposal. 

Dated: August 26, 2021. 

Walter Mugdan, 

Acting Regional Administrator, Region 2. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 62 as set 

forth below: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. Amend § 62.8103, by adding 

paragraphs (d) through (g) to read as 

follows: 

§ 62.8103 Identification of plan. 

* * * * * 

(d) Identification of plan: On July 12, 

2013, the New York State Department of 

Environmental Conservation (NYSDEC) 

submitted to the Environmental 

Protection Agency (EPA) a Clean Air 

Act section 111(d)/129 revised plan, and 

the associated Table 2 of subdivision 

200.10(b) at Part 200 of Title 6 NYCRR, 

addressing 40 CFR part 60 subpart Cb, 

‘‘Emissions Guidelines and Compliance 

Times for Large Municipal Waste 

Combustors That are Constructed on or 

Before September 20, 1994,’’ as 

amended on May 10, 2006. The plan 

includes the regulatory provisions cited 

in paragraph (g) of this section, which 

the EPA incorporates by reference. 

(e) Identification of sources: The plan 

applies to all existing facilities in New 

York with a municipal waste 

combustion capacity greater than 250 

tons per day of municipal solid waste 

for which construction commenced on 

or before September 20, 1994, and 

which are subject to 40 CFR part 60 

subpart Cb. 

(f) Effective date: The effective date of 

the plan for October 4, 2021. 

(g) Incorporation by reference: 

(1) The material incorporated by 

reference in this section was approved 

by the Director of the Federal Register 

Office in accordance with 5 U.S.C. 

552(a)(1) and 1 CFR part 51. The 

material is available from the sources 

identified elsewhere in this paragraph. 

It may be inspected or obtained from the 

EPA Region 2 Office, 290 Broadway, 

25th Floor, New York, New York 

10007–1866, 212–637–3378. It may be 

inspected at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, email fr.inspection@

nara.gov or go to: www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(2) State of New York, Department of 

State, Albany, New York 12231; https:// 

dos.ny.gov/state-register. 

(i) 6 NYCRR sec. 200.10(b)–Cb: 

Official Compilation of (New York) 

Codes, Rules and Regulations; Title 6— 

Environmental Conservation; Part 200— 

General Provisions; Section 200.10— 

Federal standards and requirements; 

Paragraph (b)—Table 2—Delegated 

Federal New Source Performance 

Standards of 40 CFR 60, entry Cb, Large 

Municipal Waste Combustors That are 

Constructed on or Before September 20, 

1994; effective September 4, 2019 

(original effective date: October 20, 

2007) 

(ii) [Reserved] 

[FR Doc. 2021–19005 Filed 9–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 06–160; FCC 19–93; FR ID 

17010] 

Processing Applications in the Digital 

Broadcast Satellite Service 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this Report and Order, the 

Federal Communications Commission 

(FCC) amends its rules to establish a 

licensing and regulatory framework for 

space stations in the Digital Broadcast 

Satellite Service in the 12.2–12.7 GHz 

and 17.3–17.8 GHz frequency bands that 

harmonizes the rules regulating DBS 

with those regulating geostationarysatellite orbit Fixed-Satellite Service 

systems. 

DATES: Effective October 4, 2021, except 

for instructions 3 (47 CFR 25.108(c)(5) 

and (6)), 5 (47 CFR 25.114(a)(3)) and 7 

(47 CFR 25.140(b)(6)). The FCC will 

publish a document in the Federal 

Register announcing the effective date 

for those sections. 

The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register as of October 4, 2021, except for 

the material referenced in 47 CFR 

25.140. The FCC will publish a 

document in the Federal Register 

announcing the approval date of the 

material in that section. 

FOR FURTHER INFORMATION CONTACT: 

Sean O’More, International Bureau, 

Satellite Division, 202–418–2453, 

sean.omore@fcc.gov. 


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