

[Federal Register: October 31, 2007 (Volume 72, Number 210)]
[Rules and Regulations]               
[Page 61528-61531]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc07-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2007-0368, FRL-8478-5]

 
Approval and Promulgation of Implementation Plans; New York 
Emission Statement Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State Implementation Plan (SIP) revision submitted by the State of New 
York on July 7, 2006 for the purpose of enhancing an existing Emission 
Statement Program for stationary sources in New York. The SIP revision 
consists of amendments to Title 6 of the New York Codes Rules and 
Regulations, Chapter III, Part 202, Subpart 202-2, Emission Statements. 
The SIP revision was submitted by New York to satisfy the ozone 
nonattainment provisions of the Clean Air Act. These provisions require 
states in which all or part of any ozone nonattainment area is located 
to submit a revision to its SIP which requires owner/operators of 
stationary sources of volatile organic compounds (VOC) and oxides of 
nitrogen (NOX) to provide the State with a statement, at 
least annually, of the source's actual emissions of VOC and 
NOX.
    The Emission Statement SIP revision EPA is approving enhances the 
reporting requirements for VOC and NOX and expands the 
reporting requirement, based on specified emission thresholds, to 
include carbon monoxide (CO), sulfur dioxides (SO2), 
particulate matter measuring 2.5 microns or less (PM2.5), 
particulate matter measuring 10 microns or less (PM10), 
ammonia (NH3), lead (Pb) and lead compounds and hazardous 
air pollutants (HAPS). The intended effect is to obtain improved 
emissions related data from facilities located in New York, allowing 
New York to more effectively plan for and attain the national ambient 
air quality standards (NAAQS). The Emission Statement rule also 
improves EPA's and the public's access to facility-specific emission 
related data.

DATES: Effective Date: This rule is effective on November 30, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2007-0368. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, some 

information is not publicly available,

[[Page 61529]]

e.g., 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 either 
electronically through http://www.regulations.gov or in hard copy at the 

Environmental Protection Agency, Region II Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866. This Docket 
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The Docket telephone number is 212-637-4249.

FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3716, forde.raymond@epa.gov.

SUPPLEMENTARY INFORMATION: 
    The following table of contents describes the format for this 
section:
I. What Action Is EPA Taking?
II. What Comments Did EPA Receive in Response to Its Proposal?
III. What Role Does This Action Play in the Ozone SIP?
IV. What Are EPA's Conclusions?
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving the State Implementation Plan (SIP) revision 
submitted by the State of New York on July 7, 2006 for the purpose of 
enhancing an existing Emission Statement program for stationary sources 
in New York. The SIP revision consists of amendments to Title 6 of the 
New York Codes Rules and Regulations (NYCRR), Chapter III, Part 202, 
Subpart 202-2, Emission Statements (Emission Statement rule).
    The SIP revision was submitted by New York to satisfy the ozone 
nonattainment provisions of the Clean Air Act. These provisions require 
states in which all or part of any ozone non-attainment area is located 
to submit a revision to its SIP which requires owner/operators of 
stationary sources of volatile organic compounds (VOC) and oxides of 
nitrogen (NOX) to provide the State with a statement, at 
least annually, of the source's actual emissions of VOC and 
NOX. On July 7, 2006, New York submitted a SIP revision for 
ozone which included an adopted Emission Statement rule. The regulation 
amends Title 6 of the NYCRR, Subpart 202-2, Emission Statements, which 
was originally adopted on July 13, 2004. On April 12, 2005, the New 
York State Department of Environmental Conservation (NYSDEC) adopted 
these amendments, which became effective on May 29, 2005. The reader is 
referred to the proposed rulemaking (July 20, 2007, 72 FR 39773) for 
further details.

II. What Comments Did EPA Receive in Response to Its Proposal?

    EPA received no comments in response to the July 20, 2007 proposed 
rulemaking action.

III. What Role Does This Action Play in the Ozone SIP?

Emission Statements (Annual Reporting of VOC and NOX)

    Section 182(a)(3)(B)(i) of the Act requires states in which all or 
part of any ozone non-attainment area is located to submit SIP 
revisions to EPA by November 15, 1992, which require owner/operators of 
stationary sources of VOC and NOX to provide the state with 
a statement, at least annually, of the source's actual emissions of VOC 
and NOX. Sources were to submit the first emission 
statements to their respective states by November 15, 1993. Pursuant to 
the Emission Statement Guidance, if the source emits either VOC or 
NOX at or above levels for which the State Emission 
Statement rule requires reporting, the other pollutant (VOC or 
NOX) from the same facility should be included in the 
emission statement, even if the pollutant is emitted at levels below 
the minimum reporting level.
    Section 182(a)(3)(B)(ii) of the Act allows states to waive, with 
EPA approval, the requirement for an emission statement for classes or 
categories of sources located in nonattainment areas, which emit less 
than 25 tons per year of actual plant-wide VOC and NOX, 
provided the class or category is included in the base year and 
periodic inventories and emissions are calculated using emission 
factors established by EPA (such as those found in EPA publication AP-
42) or other methods acceptable to EPA.

Consolidated Emission Reporting Rule (Annual Reporting for All Criteria 
Pollutants)

    In order to consolidate reporting requirements by the states to 
EPA, on June 10, 2002 (See 67 FR 39602), EPA published the final 
Consolidated Emissions Reporting Rule (CERR). The purpose of the CERR 
is to simplify the states' annual reporting, to EPA, of criteria 
pollutants (VOC, NOX, SO2, PM10, 
PM2.5, CO, Pb) for which National Ambient Air Quality 
Standards (NAAQS) have been established, and annual reporting of 
NH3, a precursor pollutant. The CERR also provides options 
for data collection and exchange, and unified reporting dates for 
various categories of criteria pollutant emission inventories. The CERR 
requires states to report annually to EPA on emissions of VOC, 
NOX, SO2, PM10, CO and Pb, for 
industrial point sources, based on specific emission thresholds. The 
CERR emissions reports for calendar year 2001 were due on June 1, 2003, 
and subsequent reports were due every year thereafter (i.e., calendar 
year 2002 emission inventory due June 1, 2004, etc.). Reporting of 
PM2.5 and NH3 from point sources was not required 
until June 2004, for emissions that occurred during calendar year 2002.

IV. What Are EPA's Conclusions?

    New York's Emission Statement rule, which requires facilities to 
report information for the criteria pollutants and the associated 
precursors mentioned earlier, satisfies the federal emission statement 
and CERR reporting requirements for major sources. In addition, New 
York's Emission Statement rule which requires facilities to report 
information for HAPs, assists the State in satisfying the HAPs 
reporting requirements for major sources. For EPA's detailed evaluation 
of New York's Emission Statement rule, the reader is referred to the 
proposed rulemaking notice (July 20, 2007, 72 FR 39773).
    It should be noted that the State's Emission Statement program 
requires facilities to report individual HAPs that may not be 
classified as criteria pollutants or precursors to assist the State in 
air quality planning needs. While EPA recognizes the value of this 
information, EPA will not take SIP-related enforcement action should a 
facility not submit this information to the State in an emissions 
statement because these substances do not cause or exacerbate 
exceedances of the NAAQS.
    EPA has concluded that the New York Emission Statement rule 
contains the necessary applicability, compliance, enforcement and 
reporting requirements for an approvable emission statement program. 
Accordingly, EPA is approving 6 NYCRR, Chapter III, Part 202, Subpart 
202-2, Emission Statements, as part of New York's SIP adopted on April 
12, 2005 and effective May 29, 2005.

V. Statutory and Executive Order Reviews

    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. For this 
reason, this action is also not subject to Executive Order 13211,

[[Page 61530]]

``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 pre-existing 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 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This action also does not have Federalism 
implications because it does 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 (64 
FR 43255, August 10, 1999). This action 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 is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it approves a state program.
    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. 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.).
    The Congressional Review Act, 5 U.S.C. section 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 action is not a ``major rule'' as defined by 5 U.S.C. 
section 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 December 31, 2007. 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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: September 26, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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. Section 52.1670 is amended by adding new paragraph (c)(112) to read 
as follows:


Sec.  52.1670  Identification of plans.

* * * * *
    (c) * * *
    (112) Revisions to the State Implementation Plan submitted on July 
7, 2006 by the New York State Department of Environmental Conservation 
for the purpose of enhancing an existing Emission Statement Program for 
stationary sources in New York. The SIP revision consists of amendments 
to Title 6 of the New York Codes Rules and Regulations, Chapter III, 
Part 202, Subpart 202-2, ``Emission Statements.''
    (i) Incorporation by reference:
    (A) Part 202, Subpart 202-2, Emission Statements of Title 6 of the 
New York Codes, Rules and Regulations, effective on May 29, 2005.
    (ii) Additional information:
    (A) July 7, 2006, letter from Mr. Carl Johnson, Deputy 
Commissioner, OAWM, NYSDEC, to Mr. Alan Steinberg, RA, EPA Region 2, 
requesting EPA approval of the amendments to Title 6 of the New York 
Codes Rules and Regulations, Chapter III, Part 202, Subpart 202-2, 
Emission Statements.
    (B) April 11, 2007, letter from Mr. David Shaw, Director, Division 
of Air Resources, NYSDEC, to Mr. Raymond Werner, Chief, Air Programs 
Branch, EPA Region 2.

0
3. Section 52.1679 is amended by revising under Title 6 the entry for 
part 202 in the table to read as follows:


Sec.  52.1679  EPA-approved New York State regulations.

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                                             State
       New York State regulation        effective date   Latest EPA approval date             Comments
----------------------------------------------------------------------------------------------------------------
Title 6:


[[Page 61531]]


                                                  * * * * * * *
Part 202, Emissions Verification:.....         3/24/79  11/12/81, 46 FR 55690....
Subpart 202-1, ``Emissions Testing,
 Sampling and Analytical
 Determinations''..
    Subpart 202-2, ``Emission                5/29/2005  10/31/07, [Insert FR page  Section 202-2.3(c)(9)
     Statements''.                                       citation].                 requires facilities to
                                                                                    report individual HAPs that
                                                                                    may not be classified as
                                                                                    criteria pollutants or
                                                                                    precursors to assist the
                                                                                    State in air quality
                                                                                    planning needs. EPA will not
                                                                                    take SIP-related enforcement
                                                                                    action on these pollutants.

                                                  * * * * * * *
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 [FR Doc. E7-21241 Filed 10-30-07; 8:45 am]

BILLING CODE 6560-50-P
