[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38878-38882]
[FR Doc No: 2019-16789]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2019-0157; FRL-9997-59-Region 2]

Approval of Air Quality Implementation Plans; New York; Cross-
State Air Pollution Rule; NOX Ozone Season Group 2, NOX Annual, and SO2
Group 1 Trading Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the New York State Implementation Plan
(SIP) addressing requirements of the Cross-State Air Pollution Rule
(CSAPR). Under the CSAPR, large electricity generating units in New
York are subject to Federal Implementation Plans (FIPs) requiring the
units to participate in CSAPR federal trading programs for ozone season
emissions of nitrogen oxides (NOX), annual emissions of
NOX, and annual emissions of sulfur dioxide
(SO2). This action approves into New York's SIP the State's
regulations that replace the default allowance allocation provisions of
the CSAPR federal trading programs for ozone season NOX,
annual NOX, and annual SO2 emissions.

DATES: This final rule is effective on August 8, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
number EPA-R02-OAR-2019-0157. All documents in the docket are listed on
the 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 availability
information.

FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION

Table of Contents

I. Background
II. Public Comment and EPA Response
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On May 21, 2019 (84 FR 22995 and 84 FR 22972), EPA simultaneously
published a proposed rule and a direct final rule to approve New York's
November 30, 2018 SIP submittal concerning CSAPR \1\ trading programs
for ozone-season emissions of NOX, annual emissions of
NOX, and annual emissions of SO2. The proposed
rule and direct final rule also acted to approve New York's revised
list of definitions that was submitted to the EPA on July 23, 2015.
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    \1\ Federal Implementation Plans; Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and
52.39 and 40 CFR part 97).
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    The EPA received a public comment on the proposed rule and intended
to withdraw the direct final rule prior to the effective date of June
20, 2019. However, the EPA inadvertently did not withdraw the direct
final rule prior to that date and the rule prematurely became effective
on June 20, 2019, revising the New York SIP to include revised versions
of Title 6 of the New York Codes, Rules and Regulations (6 NYCRR), Part
200, Subpart 200.1; 6 NYCRR Part 200, Subpart 200.9; 6 NYCRR Part 243;
6 NYCRR Part 244; and 6 NYCRR 245 on that date. In this action, as
described in more detail below, the EPA is responding to the public
comment submitted on the proposed revisions to New York's SIP, approves
the revised versions of these regulations in New York's SIP, and is
amending the effective date of the regulations' inclusion into the SIP
to correct our failure to withdraw the direct final rule prior to June
20, 2019.
    Large Electric Generating Units (EGUs) in New York are subject to
CSAPR FIPs that require the units to participate in the federal CSAPR
NOX Ozone Season Group 2 Trading Program, the federal CSAPR
NOX Annual Trading Program, and the federal CSAPR
SO2 Group 1 Trading Program. CSAPR provides a process for
the submission and approval of SIP revisions to replace certain
provisions of the CSAPR FIPs while the remaining FIP provisions
continue to apply. This type of CSAPR SIP is termed an abbreviated SIP.
    The New York State Department of Environmental Conservation (DEC)
amended portions of Title 6 of the New York Codes, Rules and
Regulations to incorporate CSAPR requirements into

the State's rules and allow the DEC to allocate CSAPR allowances to
regulated entities in New York. 6 NYCRR Part 243, ``Transport Rule
NOX Ozone Season Trading Program,'' has been repealed and
replaced in its entirety with a new rule, 6 NYCRR Part 243, ``CSAPR
NOX Ozone Season Group 2 Trading Program.'' 6 NYCRR Part
244, ``Transport Rule NOX Annual Trading Program,'' has been
repealed and replaced in its entirety with a new rule, 6 NYCRR Part
244, ``CSAPR NOX Annual Trading Program.'' 6 NYCRR Part 245,
``Transport Rule SO2 Group 1 Trading Program,'' has also
been repealed and replaced in its entirety with a new rule, 6 NYCRR
Part 245, ``CSAPR SO2 Group 1 Trading Program.'' Attendant
revisions were made to 6 NYCRR Part 200, ``General Provisions,'' to
update the list of referenced materials at Subpart 200.9 that are cited
in the amended New York regulations.
    In the notice of proposed rulemaking, the EPA had proposed to
approve into the New York SIP the revised versions of 6 NYCRR Parts 200
(Subpart 200.9), 243, 244, and 245 included in the November 30, 2018
submission. The EPA also proposed to repeal from the SIP previous
versions of 6 NYCRR Part 243, 6 NYCRR Part 244, and 6 NYCRR Part 245
which implemented New York's discontinued Clean Air Interstate Rule
(CAIR) trading program. New York adopted amendments to 6 NYCRR Part
243, 6 NYCRR Part 244, and 6 NYCRR Part 245 that repealed and replaced
CAIR trading program rules with CSAPR trading rules on November 12,
2015. Subsequently, on November 11, 2018, New York adopted amendments
to 6 NYCRR Part 243, 6 NYCRR Part 244, and 6 NYCRR Part 245 that
repealed and replaced the November 12, 2015 adopted rules that
implemented New York's CSAPR program with new versions of New York's
CSAPR trading program rules. The rules proposed to be repealed from the
SIP were 6 NYCRR Part 243, ``CAIR NOX Ozone Season Trading
Program,'' 6 NYCRR Part 244, ``CAIR NOX Annual Trading
Program,'' and 6 NYCRR Part 245, ``CAIR SO2 Trading
Program.''
    The EPA also proposed to approve into the New York SIP a revised
version of 6 NYCRR Part 200 (Subpart 200.1) to address updated
definitions at Part 200.1(f) that were submitted to the EPA on July 23,
2015, and that were associated with a repeal of 6 NYCRR Part 203,
``Indirect Sources of Air Contamination.''
    The revised versions of 6 NYCRR Parts 200 (Subpart 200.9), 243,
244, and 245 included in the November 30, 2018 SIP submission replace
the previous versions of those rules that were included in a December
1, 2015 SIP submission. The EPA identified deficiencies in the December
1, 2015 submission but on November 20, 2017 conditionally approved
those previous versions of Parts 200, 244, and 245 (but not Part 243)
into the SIP (82 FR 57362, December 5, 2017). In a July 6, 2017 letter
to the EPA, New York committed to submitting a SIP revision that
addressed the identified deficiencies by December 29, 2017. However,
New York's response to the conditional approval was not submitted to
the EPA by December 29, 2017. The November 30, 2018 SIP submittal
addresses the identified deficiencies, but was submitted approximately
11 months late, so the conditional approval is treated as a
disapproval.
    The EPA did not take action on the previous version of 6 NYCRR Part
243 included in New York's December 1, 2015 submission. Following that
submission, the EPA finalized the CSAPR Update rule \2\ to address
Eastern states' interstate air pollution mitigation obligations with
regard to the 2008 Ozone National Ambient Air Quality Standard (NAAQS).
Among other things, starting in 2017 the CSAPR Update required New York
EGUs to participate in the new CSAPR NOX Ozone Season Group
2 Trading Program instead of the earlier CSAPR NOX Ozone
Season Trading Program (now renamed the ``Group 1'' program) and
replaced the ozone season budget for New York with a lower budget
developed to address the revised and more stringent 2008 Ozone NAAQS.
In a July 14, 2016 letter to the EPA, New York indicated that the State
would revise 6 NYCRR Part 243 to conform with the final CSAPR Update.
As indicated earlier in this section New York repealed 6 NYCRR Part 243
and replaced the rule in its entirety with a new rule, 6 NYCRR Part
243, ``CSAPR NOX Ozone Season Group 2 Trading Program''.
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    \2\ 81 FR 74504 (October 26, 2016).
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    In this action, the EPA is responding to the public comment
submitted on the proposed revisions to New York's SIP, approves the
revised versions of 6 NYCRR Part 200, Subpart 200.1; 6 NYCRR Part 200,
Subpart 200.9; 6 NYCRR Part 243; 6 NYCRR Part 244; and 6 NYCRR Part 245
regulations in New York's SIP, and is amending the effective date of
the regulations' inclusion into the SIP to correct our failure to
withdraw the direct final rule (after the EPA received adverse public
comments) prior to the June 20, 2019 effective date of the direct final
rule.
    This action approves into New York's SIP state-determined allowance
allocation procedures for ozone-season NOX allowances that
would replace EPA's default allocation procedures for the control
periods in 2021 and beyond. Additionally, this action EPA approves into
the New York's SIP state-determined allowance allocation procedures for
annual NOX and SO2 allowances that would replace
EPA's default allocation procedures for the control periods in 2023 and
beyond. The approval of this SIP revision does not alter any provision,
other than the allowance allocation provisions, of either the CSAPR
NOX Ozone Season Group 2 Trading Program, the CSAPR
NOX Annual Trading Program or the CSAPR SO2 Group
1 Trading Program as applied to New York units. The FIP provisions
requiring those units to participate in the programs (as modified by
this SIP revision) remain in place.

II. Public Comment and EPA Response

    During the public comment period, the EPA received one relevant
comment, which was submitted anonymously. The comment and the EPA's
response are discussed in this section of this rulemaking action.
    Comment: The commenter argues that EPA should disapprove New York's
SIP revision because EPA's regulations do not allow for allocation to a
separate account like the Energy Efficiency and Renewable Energy
Technology (or EERET) account. The commenter states that New York has
no authority to unilaterally designate emission credits to an account
that is supposed to be for emission units to be able to operate and
provide electricity generation to the citizens of New York and the
surrounding states.
    The commenter also states that the EPA must remove the FIP in place
because the EPA has no authority to regulate electricity generation;
the CSAPR Update FIPs are illegal and unauthorized as EPA has no
authority to regulate beyond the fence line; and that multi-state and
multi-facility emission control schemes are illegal. The commenter
further states that the EPA must disapprove the SIP since it follows
illegal rules and cites the EPA's June 19, 2019 Affordable Clean Energy
(or ACE) rule as support for this position.
    Response: The EPA disagrees with the commenter that EPA's
regulations do not allow for allocation to a separate account like the
EERET account, and that New York does not have the authority to
designate emission credits to the EERET account. The commenter has not
identified any provision of the

CSAPR regulations which they assert precludes New York's approach.
    CSAPR includes provisions which allow states to submit, for
approval into the SIP, revisions to modify or replace the CSAPR FIP
requirements while allowing states to continue to meet their transport-
related obligations.\3\ Through such a SIP revision, a state may
replace EPA's default provisions for allocating emission allowances
among the state's units by employing any state-selected methodology to
allocate or auction the allowances, subject to timing and other
criteria. Additionally, EPA's CSAPR rule does not preclude the use of
an energy efficiency set-aside by the state.
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    \3\ See 40 CFR 52.38, 52.39.
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    New York adopted amendments to 6 NYCRR Part 243, 6 NYCRR Part 244,
and 6 NYCRR Part 245 on November 11, 2018. New York submitted amended 6
NYCRR Parts 243, 244, and 245 to the EPA as a SIP revision on November
30, 2018. The EPA reviewed and evaluated New York's submittal and
proposed to find it approvable because it met CSAPR rule requirements.
These requirements included: Meeting timeliness and completeness
criteria for submission of the CSAPR SIP; New York's allocation
methodology covered all allowances potentially requiring allocation by
the state, including allocations to existing and new units, as well as
provisions for the disposition of unallocated Indian country new-unit
set-asides; New York's methodology provided assurance that state
allocations do not exceed the state budget; New York's methodology
provided for the submission of state determined allocations by CSAPR
rule deadlines; New York's rules included no provisions allowing for
alteration of allocations submitted to EPA or recorded; and New York's
rules make no other substantive changes to the federal trading program
regulations beyond the provisions addressing allowance allocations. The
EPA's final approval of a State's rules would allow the state-selected
methodology to replace EPA's default allocations, including allocating
emissions allowances to an EERET account.
    Because EPA's review of the SIP was only to evaluate compliance
with the CSAPR regulations, the portions of the comment addressing the
legality of the CSAPR Update FIPs are beyond the scope of this
rulemaking. The rulemaking promulgating the CSAPR Update FIPs was
separately finalized in 2016, and the EPA did not reopen the
determinations made in the 2016 final action in its review of New
York's SIP. Any comments on the legality the CSAPR Update should have
been raised during the public comment period in that rulemaking
pursuant to CAA section 307(d)(7)(B), and any challenges to the
determinations made in that action are properly raised pursuant to CAA
section 307(b)(1) in legal challenges to that final action. Such
challenges are currently pending in the D.C. Circuit, see Wisconsin v.
EPA, No. 16-1406 (D.C. Cir.). Such issues are not appropriately raised
in comment on EPA's review of a SIP submission merely to determine the
state's compliance with EPA's CSAPR regulations.

III. What action is EPA taking?

    The EPA is approving the New York SIP revision submitted on
November 30, 2018 concerning allocations to New York units of CSAPR
NOX Ozone Season Group 2 allowances for the control periods
in 2021 and beyond and of CSAPR NOX Annual allowances and
CSAPR SO2 Group 1 allowances for the control periods in 2023
and beyond. This rule approves into the New York SIP amendments to 6
NYCRR Parts 243, 244 and 245 that incorporate CSAPR requirements into
the State rules and allows the DEC to allocate CSAPR allowances to
regulated entities in New York. The EPA is also approving the attendant
revisions to 6 NYCRR Part 200 (Subpart 200.9) to update the list of
referenced materials cited in the amended New York regulations. The EPA
is also approving the New York SIP revision submitted on July 23, 2015,
which included a revised version of 6 NYCRR Part 200 (Subpart 200.1) to
address updated definitions associated with a repeal of 6 NYCRR Part
203, ``Indirect Sources of Air Contamination''.
    The EPA is also approving the repeal from the SIP previous versions
of 6 NYCRR Part 243, 6 NYCRR Part 244, and 6 NYCRR Part 245 which
implemented New York's discontinued CAIR trading program. The rules
being repealed from the SIP are 6 NYCRR Part 243, ``CAIR NOX
Ozone Season Trading Program,''; 6 NYCRR Part 244, ``CAIR
NOX Annual Trading Program,''; and 6 NYCRR Part 245, ``CAIR
SO2 Trading Program.''
    The EPA is also amending the effective date of the inclusion of
these revisions to New York's SIP because the revisions were added to
the SIP prematurely on June 20, 2019 when EPA failed to withdraw its
direct final rule after receiving a comment on our proposed approval of
New York's regulations that replace the default allocation provisions
of the CSAPR federal trading programs. This rule which responds to the
comment received finalizes our approval and corrects the premature
effective date for inclusion in New York's SIP of revised versions of 6
NYCRR Part 200, Subpart 200.1; 6 NYCRR Part 200, Subpart 200.9; 6 NYCRR
Part 243; 6 NYCRR Part 244; and 6 NYCRR Part 245.
    Following the approval into the SIP of the revisions to 6 NYCRR
Parts 200, 243, 244, and 245, allocations of CSAPR NOX Ozone
Season Group 2 allowances, CSAPR NOX Annual allowances, and
CSAPR SO2 Group 1 allowances will be made according to the
provisions of New York's SIP instead of 40 CFR 97.411(a), 97.411(b)(1),
97.412(a), 97.611(a), 97.611(b)(1), 97.612(a), CFR 97.811(a),
97.811(b)(1), and 97.812(a). The EPA's action on this SIP revision does
not alter any provisions of the federal CSAPR NOX Ozone
Season Group 2 Trading Program, the federal CSAPR NOX Annual
Trading Program, and the federal CSAPR SO2 Group 1 Trading
Program as applied to New York units other than the allowance
allocation provisions, and the FIPs requiring the units to participate
in the programs (as modified by this SIP revision) remain in place. The
EPA is approving Parts 200, 243, 244 and 245 because New York's rules
meet the requirements of the CAA and the EPA's regulations for an
abbreviated SIP revision and will replace EPA's default allocations of
CSAPR emission allowances with state-determined allocations, as
discussed in sections I and II above.
    This final rule is effective immediately upon publication in the
Federal Register. Section 553(d) of the Administrative Procedure Act (5
U.S.C. 553(d)), which generally provides that final rules may not take
effect earlier than 30 days after publication in the Federal Register
but allows exceptions where an agency finds good cause and publishes
its finding with the rule, applies to this action. In this rule, in
accordance with options CSAPR makes available to states, EPA is
approving into New York's SIP the State's rules which include
allocation provisions to replace the default federally-established
allocations for control periods in 2021 and later years.\4\ The sooner
this rule is effective, the sooner allowances eligible for use for the
2021 control period can

be issued to affected sources in New York in the amounts determined
under New York rules. EPA therefore finds good cause to make this final
rule effective immediately upon publication in the Federal Register.
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    \4\ Under the CSAPR trading programs, allowance allocations are
recorded up to four years in advance of the control periods for
which the allowances are issued. New York's allowance allocation
procedures for ozone season NOX allowances would replace
EPA's default allocation procedures for the control periods in 2021
and beyond. New York's allowance allocation procedures for annual
NOX and SO2 allowances would replace EPA's
default allocation procedures for the control periods in 2023 and
beyond.
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IV. Incorporation By Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of revisions to
6 NYCRR Parts 200, Subpart 200.1, entitled ``General Provisions,
Definitions,'' adopted April 18, 2013; 6 NYCRR Part 200, Subpart 200.9,
entitled ``General Provisions, Referenced Material,'' adopted on
November 11, 2018; 6 NYCRR Part 243, entitled ``CSAPR NOX
Ozone Season Group 2 Trading Program,'' adopted November 11, 2018; 6
NYCRR Part 244, entitled ``CSAPR NOX Annual Trading
Program,'' adopted November 11, 2018; and NYCRR Part 245, entitled
``CSAPR SO2 Group 1 Trading Program,'' adopted November 11,
2018. The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov, and at the EPA Region
2 Office. Copies of materials incorporated may be inspected at the
Environmental Protection Agency, Region 2, Air Programs Branch, 290
Broadway, New York, New York 10007. 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 SIP, have been incorporated by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update of the SIP compilation.\5\
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    \5\ 62 FR 27968 (May 22, 1997).
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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 CAA and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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 as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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, August 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 Clean Air Act; and
     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 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. 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 October 7, 2019. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

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

    Dated: July 22, 2019.
Peter D. Lopez,
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 A--General Provisions

Sec.  52.38   [Amended]

0
2. In Sec.  52.38, paragraph (b)(13)(iii) is amended by removing
``[none].'' and adding in its pace ``New York.''.

Subpart HH--New York

0
3. In Sec.  52.1670, paragraph (c) is amended by revising the table
entries ``Title 6, Part 200, Subpart 200.1'', ``Title 6, Part 200,
Subpart 200.9'', ``Title 6,

Part 243'', ``Title 6, Part 244'', and ``Title 6, Part 245'' 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,      05/19/2013      08/08/2019  The word odor is removed
                                    Definitions.                                         from the Subpart
                                                                                200.1(d) definition of
                                                                                ``air contaminant or
                                                                                air pollutant.''
                                                                                Redesignation of non-
                                                                                attainment areas to
                                                                                attainment areas
                                                                                (200.1(av)) does not
                                                                                relieve a source from
                                                                                compliance with
                                                                                previously applicable
                                                                                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.
                                                                                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.
                                                                                EPA approval
                                                                                finalized at [insert
                                                                                Federal Register
                                                                                citation].

                                                  * * * * * * *
Title 6, Part 200, Subpart 200.9.  General Provisions,      01/02/2019      08/08/2019   EPA is
                                    Referenced                                           approving reference
                                    Material.                                            documents that are not
                                                                                Federally enforceable.
                                                                                EPA approval
                                                                                finalized at [insert
                                                                                Federal Register
                                                                                citation].

                                                  * * * * * * *
Title 6, Part 243................  CSAPR NOX Ozone          01/02/2019      08/08/2019   EPA approval
                                    Season Group 2                                       finalized at [insert
                                    Trading Program.                                     Federal Register
                                                                                citation].
Title 6, Part 244................  CSAPR NOX Annual         01/02/2019      08/08/2019   EPA approval
                                    Trading Program.                                     finalized at [insert
                                                                                Federal Register
                                                                                citation].
Title 6, Part 245................  CSAPR SO2 Group 1        01/02/2019      08/08/2019   EPA approval
                                    Trading Program.                                     finalized at [insert
                                                                                Federal Register
                                                                                citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-16789 Filed 8-7-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: August 27, 2008 (Volume 73, Number 167)]
[Notices]
[Page 50612-50613]
[DOCID:fr27au08-38]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0837;FRL-8377-3]

Malathion; Order Amending Registration to Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is granting a registrant's voluntary request for
amendments to terminate certain uses of products containing the
pesticide malathion, pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order follows
a March 18, 1991 Federal Register Notice of Receipt of Requests to
amend the registration of Fyfanon Technical, EPA Reg. No. 4787-5, to
terminate certain uses. The requested amendments would not terminate
all uses of malathion products registered for use in the United States.
In the March 18, 1991 notice, EPA indicated that it intended to approve
the requested amendments to terminate uses. Today's order does not
terminate all of the uses identified in the March 18, 1991 notice,
because Cheminova A/S and the Interregional Research Project No. 4 (IR-
4) adequately supported certain uses. Accordingly, EPA hereby grants,
in part, the requested registration amendments and orders the
termination of the uses identified in Unit II. Any distribution, sale,
or use of Fyfanon Technical, EPA Reg. No. 4787-5, is permitted only in
accordance with the terms of this order, including any existing stocks
provisions.

DATES: The uses of Fyfanon Technical, EPA Reg. No. 4787-5, described in
Unit II of this cancellation order are cancelled effective August 27,
2008.

FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2007-0837. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    EPA is ordering the cancellation of certain uses of Fyfanon
Technical, EPA Reg. No. 4787-5, pursuant to the registrant's voluntary
request for cancellation. The registrant of Fyfanon Technical is
Cheminova A/S., 1600 Wilson Blvd., Suite 700 Arlington, VA 22209.

Uses of Fyfanon Technical Terminated by this Order

    1. Food crops: Almond (preharvest and postharvest), lentils,
cranberry, filbert, cowpea forage and hay, pea vine and hay, soybean,
safflower, peanuts (preharvest and postharvest), beet (sugar),
sunflower (postharvest), rice (postharvest treatment), greenhouse food
uses, and plum, prune.
    2. Non food uses: Tobacco, forest trees.
    3. Other uses: Field and garden seeds; grapes (post harvest use on
raisin drying trays); bagged citrus pulp; cattle feed concentrate
blocks (non-medicated); direct animal and livestock treatments
including pet and domestic animal uses for beef cattle, cats, chickens,
dairy cattle (lactating and nonlactating), dogs, ducks, geese, goats,
hogs, horses (including ponies), pigeons, sheep and turkeys; animal
premise uses for dairy and livestock barns, stables and pens, feed
rooms, poultry houses, manure piles, kennels, rabbits on wire, beef
cattle feed lots and holding pens, cat and dog sleeping quarters;
poultry houses, human clothing (woolens and other fabrics); mattresses;
and commercial and industrial uses for bagged flour; cereal processing
plants, dry milk processing plants, eating establishments, food
processing plants, packaged cereals, pet foods and feed stuff.

III. Summary of Public Comments Received and Agency Response to
Comments

    On March 18, 1991, EPA published in the Federal Register a notice
of receipt of voluntary requests for termination of uses from all
registrants of technical malathion, specifically American Cyanamid
Company and Cheminova A/S (56 FR 11420); (FRL-3874-4). American
Cyanamid Company subsequently cancelled all uses of its malathion
products, and is therefore not addressed in this order.
    Following the March 18, 1991 notice, Cheminova provided data to
support a number of the food uses that it had previously asked to
terminate. These uses are wild rice, barley, oat, rye, kumquat, lemon,
lime, tangerine, endive, squash, gooseberries, currant, eggplant,
garlic, shallot, lespedeza hay, vetch hay, and leeks. Additionally,
stored commodity treatments for barley and corn received subsequent
support. Cheminova has either submitted, or has committed to submit,
data sufficient to support the reregistration of these uses. The
Interregional Research Project No. 4 (IR-4) also submitted data
sufficient to support reregistration of the use of malathion on
cauliflower, kale, dandelion, parsley, boysenberry, dewberry,
loganberry, kohlrabi, spinach, pumpkins, melons, watercress, walnuts,
pineapple, papaya, passion fruit, peaches, apricots, nectarines,

macadamia, blackberry, raspberries, broccoli, Brussels sprouts,
cabbage, collards, carrots, okra, guava, hops, fig, chestnut, chayote,
turnip, pea, mustard green, beets (garden), horseradish, parsnip,
rutabaga, radish, salsify, sweet potato, mint, and asparagus. Although,
IR-4 also endeavored to support the use of malathion on flax, apples,
quince, celery, and swiss chard, the data submitted did not prove
wholly adequate to support reregistration of these uses. As these uses
were supported during the development of the malathion Reregistration
Eligibility Decision (RED), EPA will accept the submission of data
specified in the RED as necessary to maintain the registration of these
uses.
     The malathion uses identified in Unit II above remain unsupported.
Cheminova did not withdraw its voluntary request for termination of
these uses, and no other party has committed to produce data sufficient
to support these uses. Cheminova did not commit to support the
reregistration of these uses and did not submit supporting data as
required in phases 2 and 3 of reregistration (FIFRA section 4(d) and
(e)), and so, these uses were not fully evaluated in the malathion
Reregistration Eligibility Decision. Accordingly, EPA hereby grants, in
part, the requested registration amendments and orders the termination
of the malathion uses identified in Unit II above.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendments to terminate those uses of malathion identified in Unit II
above. Accordingly, the Agency orders that the registration of Fyfanon
Technical, EPA Reg. No. 4787-5, is hereby amended to terminate the uses
identified in Unit II above. Any distribution, sale, or use of existing
stocks of Fyfanon Technical, EPA Reg. No. 4787-5, in a manner
inconsistent with any of the Provisions for Disposition of Existing
Stocks set forth in Unit VI below. will be considered a violation of
FIFRA.

V. What is the Agency's Authority for Taking this Action?

     Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

VI. Provisions for Disposition of Existing Stocks

     Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The cancellation order issued in this notice
includes the following existing stocks provisions.
    1. The registrant may continue to sell and distribute existing
stocks of Fyfanon Technical, EPA Reg. No. 4787-5, with previously
approved labeling that includes uses terminated by this cancellation
order, until February 27, 2009.
    2. Persons other than the registrant may continue to sell and/or
distribute existing stocks of Fyfanon Technical, EPA Reg. No. 4787-5,
with previously approved labeling that includes the terminated uses
until such stocks are exhausted.
    3. Persons other than the registrant may continue to use existing
stocks of Fyfanon Technical, EPA Reg. No. 4787-5, with previously
approved labeling that includes the terminated uses, provided that they
are not used to formulate products labeled for any use described in
Unit II. of this cancellation order, until such stocks are exhausted.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 13, 2008.
 Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-19762 Filed 8-26-08; 8:45 a.m.]

Billing Code 6560-50-S