[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54375-54377]
[FR Doc No: 2021-21370]

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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.

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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 https://www.regulations.gov 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 https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Nicholas Ferreira, Air Programs
Branch, Environmental Protection Agency, Region 2, 290 Broadway, 25th
Floor, New York, New York 10007-1866,<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
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

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
www.regulations.gov 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\
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    \1\ See 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 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:
     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);
     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 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

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
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                                                               State
          State citation                Title/subject        effective   EPA approval           Comments
                                                               date          date
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Title 6, Part 200, Subpart 200.1..  General Provisions,      2/25/2021     10/1/2021    EPA is approving
                                     Definitions.                                       definitions that are not
                                                                                already federally
                                                                                enforceable.
                                                                                EPA approval
                                                                                finalized at [insert
                                                                                Federal Register
                                                                                citation].

                                                  * * * * * * *
Title 6, Part 212.................  Process Operations...    2/25/2021     10/1/2021    EPA approval
                                                                                finalized at [insert
                                                                                Federal Register
                                                                                citation].

                                                  * * * * * * *
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[FR Doc. 2021-21370 Filed 9-30-21; 8:45 am]
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[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Notices]
[Pages 5802-5804]
[FR Doc No: 2011-2270]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2011-0096; FRL-9261-1]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Cross-Media Electronic Reporting Rule (Renewal); EPA
ICR No. 2002.05, OMB Control No. 2025-0003

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on July 31, 2011. Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before April 4, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2011-0096 by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    E-mail<EMAIL_ADDRESS>    Fax:<PHONE_NUMBER>.
    Mail: Office of Environmental Information Docket, Environmental
Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. For hand delivery: Office of Environmental
Information (OEI) Docket in the EPA Docket Center (EPA/DC), EPA West,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. Please include a total of four copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2011-0096. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Cross-Media Electronic Reporting Rule
(CROMERR) ICR, Information Exchange & Services Division, Office of
Environmental Information, 2823T, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. For questions regarding
authorized programs burden and costs contact Evi Huffer, telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>or Karen Seeh, telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>For questions
regarding the Central Data Exchange (CDX) burden and costs contact
Charles Freeman, telephone number:<PHONE_NUMBER>; fax number: 202-566-
1684; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OEI-2011-0096, which is available for online viewing at
www.regulations.gov, or in person

viewing at the Office of Environmental Information (OEI) Docket in the
EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the OEI Docket is<PHONE_NUMBER>.
    Use www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are
direct and indirect reporters and state and local government authorized
programs.
    Title: Cross-Media Electronic Reporting Rule (Renewal).
    ICR numbers: EPA ICR No. 2002.05, OMB Control Number 2025-0003.
    ICR status: This ICR is currently scheduled to expire on July 31,
2011. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The scope of this Information Collection Request is the
final electronic reporting components of CROMERR, which is designed to:
Allow EPA to comply with the Government Paperwork Elimination Act of
1998; provide a uniform, technology-neutral framework for electronic
reporting across all EPA programs; allow EPA programs to offer
electronic reporting as they become ready for CROMERRR; and provide
states with a streamlined process--together with uniform set of
standards--for approval of their electronic reporting provisions for
all their EPA-authorized programs. Responses to the collection of
information are voluntary. In order to accommodate CBI, the information
collected must be in accordance with the confidentiality regulations
set forth in 40 CFR Part 2, Subpart B. Additionally, EPA will ensure
that the information collection procedures comply with the Privacy Act
of 1974 and the OMB Circular 108.
    Burden Statement: The annual public reporting burden for facilities
for this collection of information is estimated to average: about 10
minutes for an individual reporting electronically to EPA's CDX to
prepare and submit the on-line subscriber agreement application and
call the CDX Help Desk; 15 minutes for an individual that prepares and
submits a subscriber agreement to a State/Local agency; 5 minutes for
an individual that prepares and files a subscriber agreement on site at
the facility under a Local Registration Authority (LRA) arrangement;
and 30 minutes for each facility LRA, including the time for preparing
and submitting the certification of receipt and secure storage of on-
site subscriber agreements to EPA or the State/Local agency. The annual
public recordkeeping burden for facilities for this collection of
information is estimated to average about 30 minutes for the LRA,
including time for compiling subscriber agreements from employee
registrants within the LRA's firm, placing and maintaining them in
secure storage. The public reporting burden in this ICR is estimated to
range from 210 hours for a Local government to 330 hours for State EPA
seeking to implement an electronic receiving system. This includes time
for preparing and submitting the program modification application to
EPA.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Respondents/Affected Entities: Facilities reporting electronically
to EPA and state or local government authorized programs; and state and
local government authorized programs implementing electronic.

    Estimated total number of potential respondents: EPA estimates
20,391 facilities on average to register for electronic reporting to
EPA or State/Local authorized program electronic document receiving
systems each year, with an average total of 67,902 employee registrants
each year. EPA estimates that 15 state agencies and 46 other local
government jurisdictions will submit CROMERR applications for their
electronic reporting programs each year.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 48,292 hours for facilities
and 14,717 hours for state and local authorized programs.
    Estimated total annual costs: $5,401,250 for facilities and
$4,868,889 for state and local authorized programs. This includes an
estimated burden cost of $5,199,840 for facilities and $417,926 for
state and local authorized programs, and an estimated cost of $201,410
for facilities and $4,450,963 for state and local authorized programs
for capital investment or maintenance and operational costs.

Are there changes in the estimates from the last approval?

    EPA does not expect a significant change in the ICR renewal
compared to the previous ICR, as the basic requirements are the same.
There is an adjustment in the labor cost estimates due to the inflation
of the labor rates over the past three years. Also, EPA expects the
total estimated respondent burden for state and local government
authorized programs identified in the ICR currently approved by OMB, to
decrease over the next three year because most authorized programs with
existing electronic document receiving systems submitted CROMERR
applications to EPA, in compliance with the January 13, 2010 regulatory
deadline. EPA expects a further reduction in the total number of
respondents based on a decrease in the number of affected facilities.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: January 26, 2011.
Connie Dwyer,
Director, Information Exchange and Services Division.
[FR Doc. 2011-2270 Filed 2-1-11; 8:45 am]
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