Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28059

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 (64 FR 43255,

August 10, 1999), 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

CAA. This rule also is not subject to

Executive Order 13045 (62 FR 19885,

April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the CAA. In this context, in the absence

of a prior existing requirement for the

State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the CAA. Thus, the requirements of

section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) do not

apply. As required by section 3 of

Executive Order 12988 (61 FR 4729,

February 7, 1996), in issuing this rule,

EPA has taken the necessary steps to

eliminate drafting errors and ambiguity,

minimize potential litigation, and

provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

B. 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. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action, pertaining to revisions to the

Maryland SIP establishing requirements

for distilled spirits facilities, must be

filed in the United States Court of

Appeals for the appropriate circuit by

July 23, 2001. 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, Incorporation by

reference, Intergovernmental relations,

Ozone, Reporting and recordkeeping

requirements.

Dated: May 2, 2001.

William C. Early,

Acting Regional Administrator, Region III.

40 CFR part 52 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 V—Maryland

2. Section 52.1070 is amended by

adding paragraph (c)(160) to read as

follows:

§ 52.1070 Identification of plan.

* * * * *

(c) * * *

(160) Revisions to the Maryland State

Implementation Plan submitted on

November 13, 2000 by the Maryland

Department of the Environment:

(i) Incorporation by reference.

(A) A letter dated November 13, 2000

from the Maryland Department of the

Environment transmitting additions to

Maryland’s State Implementation Plan,

pertaining to volatile organic compound

(VOC) regulations in Maryland’s air

quality regulations, COMAR

26.11.19.29.

(B) Addition of new COMAR

26.11.19.29—Control of Volatile Organic

Compounds from Distilled Spirits

Faciltities, adopted by the Secretary of

the Environment on September 11, 2000

and effective on October 2, 2000.

(ii) Additional Materials—Remainder

of the November 13, 2000 submittal

pertaining to COMAR 26.11.19.29—

Control of VOC Emissions from Distilled

Spirits Facilities.

[FR Doc. 01–12714 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NY48–221; FRL–6979–

2]

Approval and Promulgation of

Implementation Plans; New York;

Nitrogen Oxides Budget and

Allowance Trading Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving a State

Implementation Plan (SIP) revision

submitted by the State of New York.

This SIP revision meets the

requirements of the EPA’s regulation

entitled, ‘‘Finding of Significant

Contribution and Rulemaking for

Certain States in the Ozone Transport

Assessment Group Region for Purposes

of Reducing Regional Transport of

Ozone,’’ known as the ‘‘ NOX SIP Call.’’

The SIP revision includes a narrative

and a regulation that establish a

statewide nitrogen oxides (NOX) budget

and a NOX allowance trading program

that begins in 2003 for large electricity

generating and industrial sources. The

intended effect of this SIP revision is to

reduce emissions of NOX in order to

help attain the national ambient air

quality standard for ozone. EPA is

approving this action pursuant to

section 110 of the Clean Air Act. In

addition, as a result of today’s action,

the Clean Air Act section 126 rule

requirements will no longer apply to

sources in the State of New York.

EFFECTIVE DATE: This rule will be

effective June 21, 2001.

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.

28060 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

Environmental Protection Agency, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M

Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Ted

Gardella at (212) 637–3892 for general

information, Rick Ruvo at (212) 637–

4014 for information on the Trading

Program, or Raymond Forde at (212)

637–3716 for information on the Budget

Demonstration, all of the Air Programs

Branch, EPA Region II Office.

SUPPLEMENTARY INFORMATION:

Overview

The Environmental Protection Agency

(EPA) is approving the New York State

Department of Environmental

Conservation’s (New York’s) Nitrogen

Oxides ( NOX) SIP Call State

Implementation Plan (SIP) revision. The

following table of contents describes the

format for this SUPPLEMENTARY

INFORMATION section:

I. EPA’s Action

A. What action is EPA approving today?

B. What administrative changes result from

today’s action?

C. Why is EPA approving this action?

D. What is Phase 2 of the NOX SIP Call and

how does it relate to today’s action?

E. What is the impact of today’s action on

EPA’s finding under the Clean Air Act

section 126 rule?

F. When did EPA propose to approve New

York’s SIP revision?

G. What are the public comments on EPA’s

proposal?

H. Where is additional information

available on EPA’s action?

II. Conclusion

III. Administrative Requirements

I. EPA’s Action

A. What Action is EPA Approving

Today?

EPA is approving revisions to New

York’s ground level ozone SIP which

New York submitted on April 3, 2000

and April 18, 2000. These SIP revisions

include a new regulation, 6 NYCRR Part

204, ‘‘NOX Budget Trading Program,’’

adopted January 18, 2000, and a

narrative entitled, ‘‘New York State

Implementation Plan For Ozone;

Meeting The Statewide Oxides of

Nitrogen ( NOX) Budget Requirements

Contained In The NOX SIP Call (63 FR

57356, October 27, 1998),’’ dated April

18, 2000 and supplemented on May 16,

2000. New York submitted the

regulation and narrative, including NOX

reducing measures, in order to

strengthen its one-hour ozone SIP and to

comply with the NOX SIP Call during

each ozone season, i.e., May 1 through

September 30, beginning in 2003. EPA

has determined that New York’s

submittal is fully approvable as a SIPstrengthening measure for New York’s

one-hour ground level ozone SIP and as

meeting the NOX SIP Call requirements.

Separately, EPA is also approving

administrative revisions to the New

York SIP.

B. What Administrative Changes Result

From Today’s Action?

Independent of New York’s NOX SIP

Call SIP revision, New York submitted

various regulations as revisions to New

York’s SIP on August 10, 1979. The

August 1979 submittal included, among

other things, the repeal of part 204

‘‘Hydrocarbon Emissions From Storage

and Loading Facilities—New York City

Metropolitan Area,’’ because part 204

was superceded by part 229. By Federal

Register notice published on February

5, 1980 (45 FR 7803), one of the

conditions EPA imposed was either to

regulate the storage of petroleum liquids

other than gasoline or provide

acceptable justification for not

regulating such storage. New York

submitted adopted revisions to part 229

to address the inclusion of petroleum

liquids. On July 1, 1980 (see 45 FR

44273), EPA took final rulemaking to

remove this condition after New York

revised part 229 to include petroleum

liquids. Since part 229 regulated all the

sources previously regulated in part 204

and in some cases was more stringent,

EPA should have, but inadvertently

failed to, remove part 204 from the SIP

at that time.

As part of today’s action, EPA is now

revising Title 40, § 52.1679 ‘‘EPAapproved New York State regulations,’’

by removing the entry for old part 204,

Hydrocarbon Emissions From Storage

and Loading Facilities—New York City

Metropolitan Area, and adding an entry

for the new part 204, ‘‘NOX Budget

Trading Program.’’

In addition to part 204, New York

made administrative amendments to

regulations part 200 ‘‘General

Provisions,’’ part 220 ‘‘Portland Cement

Plants,’’ Subpart 227–1, ‘‘Stationary

Combustion Installations,’’ subpart 227–

2, ‘‘Reasonably Available Control

Technology (RACT) for Oxides of

Nitrogen (NOX),’’ and subpart 227–3,

‘‘Pre-2003 Nitrogen Oxides Emissions

Budget and Allowance Program.’’

EPA is approving amendments to part

200, subpart 227–1, subpart 227–2, and

subpart 227–3 for the purposes of

enforcing the SIP, as well as for

enforcing New York’s NOX Budget

Trading Program. Since New York’s

amendments to part 200, subpart 227–

1, subpart 227–2, and subpart 227–3

were administrative, EPA is revising the

SIP to include the amended regulations.

With respect to the administrative

amendments to part 220, ‘‘Portland

Cement Plants,’’ EPA is currently

reviewing other amendments to part 220

adopted on January 18, 2000. Therefore,

EPA will address all part 220

amendments at the same time in a

future rulemaking.

C. Why is EPA Approving This Action?

EPA is approving this action in order

to:

• Approve New York’s NOX Budget

Trading Program (part 204) under the

NOX SIP Call as a control program that

reduces NOX emissions, a precursor of

ozone, and which therefore helps to

achieve the national ambient air quality

standard for ozone in the New York City

metropolitan nonattainment area,

• Fulfill New York’s and EPA’s

requirements under the NOX SIP Call,

• Approve administrative changes to

New York’s regulations part 200, part

204, subpart 227–1, subpart 227–2 and

subpart 227–3.

• Make New York’s NOX allowance

trading regulation federally enforceable

and available for credit in the SIP, and

• Make New York’s SIP narrative,

including the ozone season NOX budget

and State reporting requirements,

federally enforceable as part of the New

York SIP.

These actions have the effect of

assuring that the section 126

requirements will no longer apply to

New York sources.

D. What is Phase 2 of the NOX SIP Call

and how Does it Relate to Today’s

Action?

On March 3, 2000, the Circuit Court

of the District of Columbia handed

down its decision in Michigan v. EPA,

which largely upheld the NOX SIP Call

but remanded a few minor issues to

EPA. After this decision, EPA decided

to separate the requirements of the

regional strategy into two phases. The

deadline for states to submit their plans

to comply with Phase 1 of the strategy

was October 30, 2000. Details of Phase

1 were outlined in April 11, 2000 letters

to Governors in the affected states,

including New York. New York met the

Phase 1 SIP submittal requirements by

its April 2000 SIP revision.

On January 5, 2001, the outgoing

Administrator signed a notice of

proposed rulemaking for Phase 2 of the

NOX SIP Call. This notice was placed on

EPA’s website at http://www.epa.gov/

ttn/rto/sip/related.html#prop but has

not been published pending further EPA

evaluation. Phase 2 is designed to

respond to issues remanded by the court

by addressing, among other things,

whether, and if so, how, a small

subclass of facilities that generate

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28061

1Alabama, Connecticut, Delaware, District of

Columbia, Georgia, Illinois, Indiana, Kentucky,

Massachusetts, Maryland, Michigan, Missouri,

North Carolina, New Jersey, New York, Ohio,

Pennsylvania, Rhode Island, South Carolina,

Tennessee, Virginia, and West Virginia.

electricity—cogenerators—should be

included in the rule, and what control

levels should be assumed in reducing

NOX from large, stationary internal

combustion (IC) engines. The proposal

would affect 22 jurisdictions,1 including

New York, and would identify a range

of due dates for the affected states

subject to Phase 2 to submit a SIP

revision.

EPA fully expects that the Phase 2

rule would have no more than a slight

effect on New York Statewide NOX

emission budgets. In the January 5, 2001

version of EPA’s notice of proposed

rulemaking, New York’s Phase 2

Statewide 2007 NOX emissions budget

would be 240,285 tons or 240,322 tons

based on IC engines with control

efficiencies of 91% and 82%,

respectively. The corresponding Phase 2

NOX emission reductions from the 2007

baseline emissions would be 15,368

tons and 15,331 tons, respectively. New

York’s April 2000 SIP revision, which

EPA is approving today, includes a

demonstration, including a detailed

emission inventory, that the Statewide

emissions would not exceed 239,549

tons in 2007, corresponding to NOX

reductions of 16,103 tons (see 65 FR

76197). Therefore, EPA fully expects

that New York’s April 2000 SIP revision

will meet the Phase 2 Statewide budgets

when finalized by EPA.

Therefore, in today’s action EPA is

also approving New York’s April 2000

SIP revision as fully meeting the NOX

SIP Call requirements including the

Phase 2 Statewide NOX emissions

budget that will apply when the Phase

2 rulemaking is completed. EPA

recognizes that its Phase 2 rulemaking

has not been completed, but as noted

above, fully expects that the final

Statewide budget promulgated in that

rulemaking will be no more stringent

than New York’s current budget. Once

EPA finalizes the Phase 2 rule, should

New York’s adopted 2007 NOX

emissions budget (as submitted in April

2000) exceed the final Phase 2 budget

(so that additional NOX reductions are

needed), EPA will take appropriate

action.

E. What is the Impact of Today’s Action

on EPA’s Finding Under the Clean Air

Act Section 126 Rule?

As stated in the December 6, 2000

Proposed Rulemaking (see 65 FR 76197

at 76202), a SIP meeting the March 2,

2000 budgets and providing for

reductions by May 1, 2003, should fully

address the significant NOX transport

from that state. Therefore, upon

approval of such a SIP, § 52.34(i) of the

section 126 rule would apply to

automatically withdraw the section 126

requirements for sources in that state.

As noted immediately above, EPA has

no reason to expect that the Phase 2

budget for New York, when finalized,

will mandate any additional NOX

reductions. Thus, meeting the March 2,

2000 budget is adequate for New York’s

SIP to meet the NOX SIP Call

requirements. Since the New York SIP

revision meets the March 2, 2000

budgets, provides for reductions by May

1, 2003, and is fully approved today as

proposed, the section 126 requirements

are automatically withdrawn, as of the

effective date of this final rule, for

sources in the State of New York

pursuant to 40 CFR 52.34(i).

F. When Did EPA Propose To Approve

New York’s SIP Revision?

On December 6, 2000, EPA published

in the Federal Register (65 FR 76197) a

Proposed Rulemaking to approve New

York’s regulation and SIP narrative as a

SIP revision and providing for a 30-day

public comment period, which ended

on January 5, 2001.

G. What Are the Public Comments on

EPA’s Proposal?

EPA received no public comments

regarding the Proposed Rulemaking.

H. Where is Additional Information

Available on EPA’s Action?

A detailed discussion of this program

is available in the December 6, 2000

Proposed Rulemaking (65 FR 76197). A

Technical Support Document, prepared

in support of the proposed rulemaking,

contains the full description of New

York’s submittal and EPA’s evaluation.

A copy of the Technical Support

Document is available upon request

from the EPA Regional Office listed in

the ADDRESSES section.

II. Conclusion

EPA is approving New York’s April 3,

2000 and April 18, 2000 SIP submittals,

as supplemented on May 16, 2000, that

address EPA’s NOX SIP Call. EPA has

reviewed New York’s control measures

and projected reductions and finds them

approvable. Therefore, EPA is approving

Part 204 and the SIP narrative into the

New York SIP at this time. In addition,

as a result of today’s action, the Clean

Air Act section 126 rule requirements

will no longer apply to sources in the

State of New York.

III. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

This rule also does not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000) nor

will this rule 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 (64

FR 43255, August 10, 1999), 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. This rule also is not subject to

Executive Order 13045 (62 FR 19885,

April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

28062 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.)

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. This rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

804(2). This rule will be effective June

21, 2001.

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 July 23, 2001.

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, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: May 7, 2001.

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)(100) to read

as follows:

§ 52.1670 Identification of plan.

* * * * *

(c) * * *

(100) Revisions to the State

Implementation Plan submitted on

April 3, 2000, April 18, 2000 and as

supplemented on May 16, 2000 by the

New York State Department of

Environmental Conservation that

establishes the NOX Budget Trading

Program, a 2007 Statewide NOX

emissions budget, and a commitment by

New York to comply with the § 51.122

reporting requirements.

(i) Incorporation by reference: 

(A) Regulation Part 204 of Title 6 of

the New York Code of Rules and

Regulations, entitled ‘‘NOX Budget

Trading Program,’’ adopted on January

18, 2000 and effective on February 25,

2000.

(B) Amendments to Title 6 of the New

York Code of Rules and Regulations,

Part 200, ‘‘General Provisions,’’ Subpart

227–1, ‘‘Stationary Combustion

Installations,’’ and Subpart 227–2,

‘‘Reasonably Available Control

Technology (RACT) for Oxides of

Nitrogen ( NOX)’’ adopted on January

18, 2000 and effective on February 25,

2000.

(ii) Additional material: 

(A) Letter from New York State

Department of Environmental

Conservation dated April 3, 2000,

requesting EPA approval of the NOX

Budget Trading Program as a revision to

the New York State Implementation

Plan for ozone.

(B) Letter from New York State

Department of Environmental

Conservation dated April 18, 2000,

requesting EPA approval of the Oxides

of Nitrogen ( NOX) SIP, entitled ‘‘New

York State Implementation Plan For

Ozone; Meeting The Statewide Oxides

of Nitrogen ( NOX) Budget Requirements

Contained In The NOX SIP Call (63 FR

57356, October 27, 1998),’’ as a revision

to the New York State Implementation

Plan for ozone.

(C) Letter from New York State

Department of Environmental

Conservation dated May 16, 2000,

transmitting supplemental information

to the Oxides of Nitrogen ( NOX) SIP

submitted on April 18, 2000.

3. Section 52.1679 is amended by

revising the entry Under Title 6 for Part

200, Part 204, Subpart 227–1, Subpart

227–2, and Subpart 227–3 in the table

to read as follows:

§ 52.1679 EPA—approved New York State

regulations.

New York State regulation State effective date

Latest EPA approval

date Comments

Title 6

Part 200, General Provisions Sections 200.1,

200.6, 200.7 and 200.9.

2/25/00 5/22/01 66 FR 28062 .... Redesignation of non-attainment areas to attainment areas (200.1(av)) does not relieve a

source form compliance with previously

applciable requirements as per letter of Nov.

13, 1981 from H. Hovey, NYSDEC.

Changes in definitions are acceptable to EPA unless a previously approved definition is necessary for implementation of an existing SIP

regulation.

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28063

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 204, NOX Budget Trading Program ................ 2/25/00 5/22/01 66 FR 28063 .... Incorporates NOX SIP Call and NOX Budget

Trading Program for 2003 and thereafter.

*******

Subpart 227–1, Stationary Combustion Installations.2/25/00 5/22/01 66 FR 28063 .... 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).

2/25/00 5/22/01 66 FR 28063 ....

Subpart 227–3, Pre-2003 Nitrogen Oxides Emissions Budget and Allowance Program.3/5/99 5/22/01 66 FR 28063 .... Approval of NOX Budget Trading Program for

1999, 2000, 2001 and 2002. NOX caps in the

State during 2003 and thereafter established in

Part 204.

*******

[FR Doc. 01–12700 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NJ44–220; FRL–6979–

1]

Approval and Promulgation of

Implementation Plans; New Jersey;

Nitrogen Oxides Budget and

Allowance Trading Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving a State

Implementation Plan (SIP) revision

submitted by the State of New Jersey.

This SIP revision meets the

requirements of the EPA’s regulation

entitled, ‘‘Finding of Significant

Contribution and Rulemaking for

Certain States in the Ozone Transport

Assessment Group Region for Purposes

of Reducing Regional Transport of

Ozone,’’ known as the ‘‘NOX SIP Call.’’

The SIP revision includes a narrative

and a regulation that establish a

statewide nitrogen oxides (NOX) budget

and a NOX allowance trading program

that begins in 2003 for large electricity

generating and industrial sources. The

intended effect of this SIP revision is to

reduce emissions of NOX in order to

help attain the national ambient air

quality standard for ozone. EPA is

approving this action pursuant to

section 110 of the Clean Air Act. In

addition, as a result of today’s action,

the Clean Air Act section 126 rule

requirements will no longer apply to

sources in the State of New Jersey.

EFFECTIVE DATE: This rule will be

effective June 21, 2001.

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 Jersey Department of

Environmental Protection, Office of

Air Quality Management, Bureau of

Air Pollution Control, 401 East State

Street, CN027, Trenton, New Jersey

08625.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M

Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Ted

Gardella at (212) 637–3892 for general

information, Rick Ruvo at (212) 637–

4014 for information on the Trading

Program, or Demian Ellis at (212) 637–

3713 for information on the Budget

Demonstration, all of the Air Programs

Branch, Region II Office.

SUPPLEMENTARY INFORMATION:

Overview

The Environmental Protection Agency

(EPA) is approving the New Jersey

Department of Environmental

Protection’s (New Jersey’s) Nitrogen

Oxides ( NOX) SIP Call State

Implementation Plan (SIP) revision. The

following table of contents describes the

format for this SUPPLEMENTARY

INFORMATION section:

I. EPA’s Action

A. What action is EPA approving today?

B. Why is EPA approving this action?

C. What is Phase 2 of the NOX SIP Call and

how does it relate to today’s action?

D. What is the impact of today’s action on

EPA’s finding under the Clean Air Act

section 126 rule?

E. When did EPA propose to approve New

Jersey’s SIP revision?

F. What are the public comments on EPA’s

proposal?

G. Where is additional information

available on EPA’s action?

II. Conclusion

III. Administrative Requirements

I. EPA’s Action

A. What action is EPA approving today?

EPA is approving revisions to New

Jersey’s ground level ozone SIP which

New Jersey submitted on December 10,