Rule2021-21370
Approval of Air Quality Implementation Plans; New York; Part 212, Process Operations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 1, 2021
Effective
November 1, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the New York State Implementation Plan (SIP) concerning process operations. The effect of this revision is to streamline and update provisions, align those provisions with permitting regulations, and provide regulatory certainty for the regulated community.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 188 (Friday, October 1, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54375-54377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21370]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2020-0466; FRL-9004-02-R2]
Approval of Air Quality Implementation Plans; New York; Part 212,
Process Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the New York State Implementation Plan (SIP) concerning
process operations. The effect of this revision is to streamline and
update provisions, align those provisions with permitting regulations,
and provide regulatory certainty for the regulated community.
DATES: This final rule is effective on November 1, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2020-0466. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Nicholas Ferreira, Air Programs
Branch, Environmental Protection Agency, Region 2, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-3127, or by email at
<a href="/cdn-cgi/l/email-protection#6503001717000c17044b0b0c060d0a090416250015044b020a13"><span class="__cf_email__" data-cfemail="f89e9d8a8a9d918a99d696919b909794998bb89d8899d69f978e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Incorporation by reference.
V. Statutory and Executive order reviews.
I. What is the background for this action?
On July 1, 2021 (86 FR 35042), the EPA published a notice of
proposed rulemaking that proposed to approve a revision to the State
Implementation Plan (SIP) submitted by the State of New York on
February 5, 2019, and supplemented on March 25, 2021, for purposes of
revising Title 6 of the New York Codes, Rules and Regulations (6 NYCRR)
Part 212, ``General Process Emission Sources.'' The EPA is also
approving attendant revisions to Part 200, ``General Provisions,''
Subpart 200.1, ``Definitions.''
The revisions to Part 212, which is now entitled, ``Process
Operations,'' apply to process emission sources and/or emission points
associated with a
[[Page 54376]]
process operation. The changes to Part 212 include establishing
consistent terminology between Part 212, Part 200, and 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
New York State Department of Environmental Conservation (NYSDEC)
Commissioner with discretion to establish the degree of required air
cleaning upon performance of air dispersion modeling analyses 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. These revisions
streamline and update provisions, align those provisions with
permitting regulations, and provide regulatory certainty for the
regulated community.
New York's March 25, 2021 comprehensive supplemental submittal also
included Part 201 Operating Permit Program requirements; however, the
EPA will be acting on these revisions under a separate action.
The specific details of New York's SIP submittals and the rationale
for the EPA's approval action are explained in the EPA's proposed
rulemaking and are not restated in this final action. For this detailed
information, the reader is referred to the EPA's July 1, 2021 proposed
rulemaking. See 86 FR 35042.
II. What comments were received in response to the EPA's proposed
action?
The EPA did not receive any comments on the July 1, 2021 proposed
approval of Title 6 of the New York Codes, Rules and Regulations, Part
212, ``Process Operations'' and Part 200, ``General Provisions,''
Subpart 200.1, ``Definitions.''
III. What action is the EPA taking?
The EPA is approving the revisions to the State Implementation Plan
(SIP) submitted by the State of New York on February 5, 2019, and
supplemented on March 25, 2021, for purposes of revising Title 6 of the
New York Codes, Rules and Regulations (6 NYCRR) Part 212, ``Process
Operations''. The EPA is also approving attendant revisions to Part
200, ``General Provisions,'' Subpart 200.1, ``Definitions.''
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of 6
NYCRR Part 212, ``Process Operations'' and Part 200, ``General
Provisions,'' Subpart 200.1, ``Definitions,'' as described in the
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and 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 the EPA for inclusion in the New York State
Implementation Plan, have been incorporated by reference by the EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the Clean Air Act, 42 U.S.C. 7401 et seq., as of the effective
date of the final rulemaking of the EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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 that meets Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP 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 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, November 9,
2000).
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. 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 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 November 30, 2021. Filing a
petition for reconsideration by the Administrator of
[[Page 54377]]
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 Clean Air Act
section 307(b)(2)).
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: September 27, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. In Sec. 52.1670, in the table in paragraph (c), revise the entries
``Title 6, Part 200, Subpart 200.1'' and ``Title 6, Part 212'' to read
as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval Comments
date date
----------------------------------------------------------------------------------------------------------------
Title 6, Part 200, Subpart 200.1.. General Provisions, 2/25/2021 10/1/2021 <bullet> EPA is approving
Definitions. definitions that are not
already federally
enforceable.
<bullet> EPA approval
finalized at [insert
Federal Register
citation].
* * * * * * *
Title 6, Part 212................. Process Operations... 2/25/2021 10/1/2021 <bullet> EPA approval
finalized at [insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-21370 Filed 9-30-21; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 1, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.