Federal Register / Vol. 65, No. 76 / Wednesday, April 19, 2000 / Rules and Regulations 20909

1This area is comprised of counties in Northern

New Jersey, downstate New York and Southwestern

Connecticut. The Connecticut portion of the area

was redesignated to attainment on March 10, 1999

at 64 FR 12005. The remainder of the area is still

designated nonattainment.

New York State regulation

State

effective

date

Latest EPA

approval date Comments

EPA is including the definition of ‘‘federally enforceable’’ with the understanding that (1) the definition

applies to provisions of a Title V permit that are

correctly identified as federally enforceable, and (2)

a source accepts operating limits and conditions to

lower its potential to emit to become a minor

source, not to ‘‘avoid’’ applicable requirements.

EPA is approving incorporation by reference of those

documents that are not already federally enforceable.

*******

Part 227, Stationary Combustion Installations [1972

version]/section 227.2(b)(1).

5/1/72 9/22/72 ...................

37 FR 19814 ..........

Part 227, Stationary Combustion Installations ............. ................ ................................ Existing Part 227 is renumbered Subpart 227–1.

Subpart 227–1, Stationary Combustion Installations ... 3/5/99 [4/19/00 and FR

page citation].

Renumbered sections 227–1.2(a)(2), 227–1.4(a), and

227–1.4(d) continue to be disapproved according to

40 CFR 52.1678(d) and 52.1680(a). (New York repealed existing Part 227.5.)

Subpart 227–2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOX)/sections 227–2.3(h), 227–2.5(b), 227–2.5(e), and 227–

2.6.

3/5/99 [4/19/00 and FR

page citation].

EPA is including sections 227–2.3(h), 227–2.5(b),

227–2.5(e), and 227–2.6 as part of the SIP for purposes of the NOX Budget Trading Program. EPA

will act on the remaining sections of 227–2 in a future rulemaking.

Subpart 227–3, Pre-2003 Nitrogen Oxides Emissions

Budget and Allowance Program.

3/5/99 [4/19/00 and FR

page citation].

Approval of NOX Budget Trading Program for 1999,

2000, 2001 and 2002. To meet its attainment demonstration commitments and the interstate MOU,

New York will need to amend their regulations to

establish the NOX caps in the State during 2003

and beyond.

*******

[FR Doc. 00–9544 Filed 4– 18–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region 2 Docket No. NY41–210; FRL–6572–

9]

Approval and Promulgation of Air

Quality Implementation Plans; New

York; Approval of Carbon Monoxide

State Implementation Plan Revision;

Removal of the Oxygenated Gasoline

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of New York on

August 30, 1999. That revision removes

New York’s oxygenated gasoline

program as a carbon monoxide control

measure from the State’s SIP. EPA is

approving that revision because EPA

has also determined that the New

York—Northern New Jersey—Long

Island carbon monoxide nonattainment

area has attained the carbon monoxide

National Ambient Air Quality

Standards.

EFFECTIVE DATE: This rule will be

effective May 19, 2000.

ADDRESSES: Copies of the state submittal

are available at the following addresses

for inspection during normal business

hours:

Environmental Protection Agency,

Region 2 Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866

New York State Department of

Environmental Conservation, 50 Wolf

Road, Albany, New York 12233

FOR FURTHER INFORMATION CONTACT:

Michael P. Moltzen, Air Programs

Branch, 290 Broadway, 25th Floor, New

York, NY 10007–1866, (212) 637–3710.

SUPPLEMENTARY INFORMATION: EPA is

determining that the New York—

Northern New Jersey—Long Island

carbon monoxide (CO) nonattainment

area 1 has attained the health-related CO

National Ambient Air Quality Standards

(NAAQS). EPA is also determining that

New York’s winter-time oxygenated

gasoline (oxyfuel) program is no longer

needed to ensure that air quality levels

remain healthful. As a consequence of

these determinations, EPA is approving

a State Implementation Plan (SIP)

revision submitted by the State of New

York on August 30, 1999. That revision

removes New York’s oxyfuel program as

a CO control measure from the State’s

CO SIP. It has been determined that the

program is no longer necessary to keep

ambient CO concentrations below the

CO NAAQS. For additional detail

regarding this determination, the reader

is referred to the proposal for today’s

action, published in the October 8, 1999

Federal Register (64 FR 54851).

Additional detail regarding that

determination can also be found in

EPA’s proposed and final rules

removing oxyfuel in New Jersey, which

are published in the September 9, 1999

Federal Register (64 FR 48970) and the

November 22, 1999 Federal Register (64

FR 63690), respectively. In addition,

EPA’s direct final action approving the

removal of the oxyfuel program in

Connecticut can be found in the

December 1, 1999 Federal Register (64

FR 67188). It should be noted that there

were no adverse comments associated

with the proposed removal of the

winter-time oxyfuel program in New

York State.

EPA intends to propose action on the

remainder of New York’s August 30,

1999 CO SIP revision in a separate

notice which will be published in the

Federal Register shortly. Neither New

20910 Federal Register / Vol. 65, No. 76 / Wednesday, April 19, 2000 / Rules and Regulations

York’s redesignation request nor any of

the other elements in that submittal are

directly related to, or required for, the

action EPA is finalizing today.

Conclusion

EPA is finalizing a rulemaking to

approve New York’s August 30, 1999

SIP revision to remove the State’s

oxygenated gasoline program from the

federally-approved SIP. Therefore,

sections of New York’s regulation Part

225–3, ‘‘Fuel Composition and Use—

Gasoline’’, specifically those that

provide for the oxyfuel program, are

removed from the SIP. See § 52.1670

Identification of Plan, in the regulations

section of this notice, for further detail

on the sections of New York’s Part 225–

3 which pertain to the oxyfuel program

and which are removed from the State’s

CO SIP. EPA’s authority to approve

removal of a state’s oxyfuel program is

set forth at Clean Air Act section

211(m)(6). EPA has determined that the

criteria of section 211(m)(6) have been

satisfied and removal of the oxyfuel

program at this time is appropriate.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review.’’

B. Executive Order 13132

Federalism (64 FR 43255, August 10,

1999) revokes and replaces Executive

Orders 12612 (Federalism) and 12875

(Enhancing the Intergovernmental

Partnership). Executive Order 13132

requires EPA to develop an accountable

process to ensure ‘‘meaningful and

timely input by state and local officials

in the development of regulatory

policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the states, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by state and local

governments, or EPA consults with state

and local officials early in the process

of developing the proposed regulation.

EPA also may not issue a regulation that

has federalism implications and that

preempts state law unless the Agency

consults with state and local officials

early in the process of developing the

proposed regulation. This final rule will

not have substantial direct effects on the

states, on the relationship between the

national government and the states, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, because it

merely approves a state rule

implementing a federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act.

Thus, the requirements of section 6 of

the Executive Order do not apply to this

rule.

C. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency. This rule is

not subject to Executive Order 13045

because it does not involve decisions

intended to mitigate environmental

health or safety risks.

D. Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly

affects or uniquely affects the

communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments. If the mandate is

unfunded, EPA must provide to the

Office of Management and Budget, in a

separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation.

In addition, Executive Order 13084

requires EPA to develop an effective

process permitting elected and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’ Today’s rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

This final rule will not have a

significant impact on a substantial

number of small entities because 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 create any new requirements, I

certify that this action will not have a

significant economic impact on a

substantial number of small entities.

Moreover, due to the nature of the

Federal-state relationship under the

Clean Air Act, preparation of 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).

F. 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

Federal Register / Vol. 65, No. 76 / Wednesday, April 19, 2000 / Rules and Regulations 20911

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 changes to the SIP and

imposes no new requirements.

Accordingly, no additional costs to

state, local, or tribal governments, or to

the private sector, result from this

action.

G. Submission to Congress and the

Comptroller General

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 rule 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 rule is not a ‘‘major’’ rule as

defined by 5 U.S.C. 804(2).

H. National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use ‘‘voluntary

consensus standards’’ (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

The EPA believes that VCS are

inapplicable to this action. Today’s

action does not require the public to

perform activities conducive to the use

of VCS.

I. 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 June 19, 2000.

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, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations.

Dated: March 23, 2000.

William J. Muszynski,

Acting 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. Section 52.1670 is amended by

adding new paragraph (c)(96) to read as

follows:

§ 52.1670 Identification of plan.

* * * * *

(c) * * *

* * * * *

(96) Revisions to the New York State

Implementation Plan (SIP) for carbon

monoxide concerning the oxyfuel

program, dated August 30, 1999,

submitted by the New York State

Department of Environmental

Conservation (NYSDEC).

3. The table in § 52.1679 is amended

by removing the existing entry for

Subpart 225–3, ‘‘Fuel Composition and

Use—Gasoline,’’ and adding a new entry

for Subpart 225–3 in numerical order to

read as follows:

§ 52.1679 EPA—approved New York State

regulations.

State regulation

State

effective

date

EPA approved date Comments

*******

Part 225–3, ‘‘Fuel Composition and Use—Gasoline;’’

sections 225–3.1, 225–3.2, 225–3.3, 225–3.6, 225–

3.8, 225–3.10.

9/2/93 [4/19/00 and citation of this document].This action removes the following sections of Part

225–3, which pertain to the oxygenated gasoline

program, from the State’s CO SIP: sections 225–

3.4, 225–3.5, 225–3.7, 225–3.9. The Variance

adopted by the State pursuant to section 225–3.8

becomes applicable only if approved by EPA as a

SIP revision.

*******

[FR Doc. 00–9543 Filed 4–18–00; 8:45 am]

BILLING CODE 6560–50–P