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Clean Air Act Final Full Approval of Operating Permit Program; State of New York
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Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 5, 2001 (Volume 66, Number 234)]
[Rules and Regulations]
[Page 63180-63184]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de01-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[NY002; FRL-7113-3]
Clean Air Act Final Full Approval of Operating Permit Program;
State of New York
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is promulgating final full approval of the operating
permit program submitted by the State of New York in accordance with
Title V of the Clean Air Act (the Act) and its implementing regulations
codified. This approved program allows New York to issue federally
enforceable operating permits to all major stationary sources and to
certain other sources within the State's jurisdiction. However, because
certain of the regulations are emergency rules that will expire on
December 21, 2001, unless extended, EPA is approving this program only
until the expiration date of the emergency rules. EPA has proposed
approval of permanent rules that are substantively the same as the
emergency rules and the State expects to submit those rules in final
adopted form shortly. Once these rules become effective, EPA will
promulgate another final program approval to replace this action. In
the interim, the emergency rules will still be in effect and,
therefore, New York will still have a fully approved program. If EPA
has not approved the State's revised permanent rules before the
emergency rules expire, New York's title V permit program will expire
and the federal program will automatically apply. If New York's
emergency rules expire as discussed above and a federal program under
part 71 takes effect in the state, EPA will provide notice to the
public within two weeks of the effective date of the federal program in
a subsequent Federal Register document. Because EPA received adverse
comments on the proposed action published in the October 25, 2001
Federal Register (66 FR 53966), this action responds to those comments.
EFFECTIVE DATE: November 30, 2001.
ADDRESSES: Copies of the State's submittal and other supporting
information used in developing this final full approval are available
for inspection during normal business hours at the following location:
U.S. Environmental Protection Agency, Region 2, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
FOR FURTHER INFORMATION CONTACT: Steven C. Riva, Chief, Permitting
Section, Air Programs Branch, at the above EPA office in New York or at
telephone number (212) 637-4074.
SUPPLEMENTARY INFORMATION: This section provides additional information
by addressing the following questions:
1. What is the operating permit program?
2. What is being addressed in this document?
3. What were the concerns raised by the commenters?
4. What is the public's role in identifying program
deficiencies?
5. What are the program changes that EPA is approving?
6. What is involved in this final action?
7. What is the scope of EPA's full approval?
8. What is the effective date of EPA's final full approval of
the State of New York title V program?
1. What Is the Operating Permit Program?
Title V of the Clean Air Act (the Act) and its implementing
regulations at 40 CFR part 70 (part 70) direct all states to develop
and implement operating permit programs that meet certain criteria.
Operating permit programs are intended to consolidate into single
federally enforceable documents all requirements of the Act that apply
to individual sources. This consolidation of all of the applicable
requirements for a source enables the source, the public, and
permitting authorities to more easily determine what requirements of
the Act apply and whether the source is complying with them. Sources
required to obtain operating permits include ``major'' sources of air
pollution and certain other sources specified in section 501 of the Act
and in EPA's regulations at 40 CFR 70.3.
The EPA reviews state programs pursuant to title V of the Act and
part 70, which outline the criteria for approval or disapproval. Where
a program substantially, but not fully, meets the requirements of part
70, EPA may grant the program interim approval which would be effective
for two years. If a state does not have in place a fully approved
program by the time the interim approval expires, the federal operating
permit program under 40 CFR part 71 (part 71) will automatically take
effect. Due to unexpected circumstances that affected states'
timeliness in developing fully approvable programs, EPA extended the
effective date of all interim approvals until December 1, 2001. For any
state that has not received full approval from EPA by December 1, 2001,
its interim approval will then expire and be immediately replaced by
the federal part 71 program. All sources subject to the federal program
that do not have final part 70 permits already issued to them by the
state will be required to submit a part 71 permit application and the
appropriate fees within one year to their respective EPA Regional
offices under part 71.
2. What Is Being Addressed in This Document?
New York State's first version of its operating permit program
substantially, but not fully, met the requirements of part 70;
therefore, EPA granted interim program approval on November 7, 1996,
which became effective on December 9, 1996 (61 FR 57589). In the
interim approval rulemaking EPA identified eight issues that needed
correction before New York would be eligible for final full approval.
New York State submitted a corrected program to EPA
[[Page 63181]]
on June 8, 1998, which addressed three of the deficiencies. The State
submitted a second corrected program to EPA on October 5, 2001, which
addressed three additional deficiencies. The latter three corrections
were submitted in final form as emergency rules, which will expire on
December 21, 2001, unless extended. At the same time, New York
submitted proposed permanent rules (which were identical to the
emergency rules) which will replace the emergency rules, and which the
State is currently in the process of adopting. The State will submit
the permanent rules shortly after the completion of the State's public
comment process, and before the expiration of the emergency rules.
As discussed in the proposed approval notice (66 FR 53966), EPA no
longer considers the remaining two issues to be deficiencies. First,
because New York State affords more time than part 70 requires for
citizens to file a petition for judicial review, this issue is not
considered to be a program deficiency. The second issue related to the
definition of ``major source.'' EPA recently promulgated regulations
revising the definition of major source, which is now consistent with
the definition included in the New York State operating permit program.
As such, there is no longer a program deficiency with respect to this
definition.
On October 25, 2001, EPA proposed full approval of New York State's
title V operating permit program and provided the public a period of 30
days to submit comments on EPA's proposed action (66 FR 53966). The
proposed approval concerned the three permanent rules submitted on June
8, 1998 (effective on June 26, 1998) as well as the emergency and draft
permanent rules submitted on October 5, 2001. During the 30-day comment
period, EPA received one comment letter dated November 23, 2001, from
the New York Public Interest Research Group (NYPIRG). The comments
contained in that letter are addressed below.
3. What Were the Concerns Raised by the Commenters?
On November 23, 2001, we received a comment letter from NYPIRG on
the proposed full approval of the New York program. In this notice, we
are only addressing the comments which relate to our determination that
New York has corrected the interim approval deficiencies in its title V
program. Most of the comments submitted by NYPIRG are outside the scope
of this action because they do not address the interim approval
deficiencies and the subsequent correction of these deficiencies. Some
of these issues have been raised previously by NYPIRG, either in its
April 13, 1999 petition on the New York State Title V program, in
subsequent facility specific petitions, or in its March 11, 2001 letter
submitted in response to EPA's December 2000 notice.
Of the remaining comments, four are new allegations of deficiencies
in the New York State Title V program. That is, these allegations were
not submitted in response to EPA's December 2000 notice that alerted
the public to identify and bring to EPA's attention alleged
programmatic and/or implementation deficiencies in state operating
permit programs. These four comments are also outside of the scope of
the eight issues identified by EPA in the November 7, 1996 Federal
Register notice granting interim program approval to New York State.
Nonetheless, EPA will investigate these allegations to ascertain
whether they constitute a deficiency in the New York State's Title V
program, and EPA will respond appropriately.
In its comment letter, NYPIRG challenged our ability to proceed
with full approval of New York's program when, according to the
comment, the program does not clearly conform to the requirements of
part 70.
EPA is aware that issues other than those listed in the November 7,
1996, interim approval may exist in the New York program. EPA agrees
that these issues must be addressed. For the reasons discussed below,
however, we disagree that newly identified deficiencies that may exist
prohibit us from granting New York full program approval at this time.
In 1990, Congress amended the Clean Air Act, 42 U.S.C. 7401 to
7671q (``CAA'' or ``Act''), by adding title V, 42 U.S.C. 7661 to 7661f,
which requires certain air pollutant emitting facilities, including
``major source[s]'' and ``affected source[s],'' to obtain and comply
with operating permits. See 42 U.S.C. 7661a(a). Title V is intended to
be administered by local, state or interstate air pollution control
agencies, through permitting programs that have been approved by EPA.
See 42 U.S.C. 7661a(a). EPA is charged with overseeing the State's
efforts to implement an approved program, including reviewing proposed
permits and vetoing improper permits. See 42 U.S.C. Secs. 7661a(i) and
7661d(b). Accordingly, Title V of the CAA provides a framework for the
development, submission and approval of state operating permit
programs. Following the development and submission of a state program,
the Act provides two different approval options that EPA may utilize in
acting on state submittals. See 42 U.S.C. 7661a(d) and (g). Pursuant to
section 502(d), EPA ``may approve a program to the extent that the
program meets the requirements of the Act * * *'' EPA may act on such
program submittals by approving or disapproving, in whole or in part,
the state program. An alternate option for acting on state programs is
provided by the interim approval provision of section 502(g). This
section states: ``If a program * * * substantially meets the
requirements of this title, but is not fully approvable, the
Administrator may by rule grant the program interim approval.'' This
provision provides EPA with the authority to act on State programs that
substantially, but do not fully, meet the requirements of Title V and
part 70. Only those program submittals that meet the requirements of
eleven key program areas are eligible to receive interim approval. See
40 CFR 70.4(d)(3)(i)-(xi). Finally, section 502(g) directs EPA to
``specify the changes that must be made before the program can receive
full approval.'' 42 U.S.C. 7661a(g); 40 CFR 70.4(e)(3). This explicit
directive encompasses another, implicit one: Once a state corrects the
specified deficiencies then it will be eligible for full program
approval. EPA believes this is so even if deficiencies have been
identified sometime after final interim approval, either because the
deficiencies arose after EPA granted interim approval or, if the
deficiencies existed at that time, EPA failed to identify them as such
in proposing to grant interim approval.
Thus, an apparent tension exists between these two statutory
provisions. Standing alone, section 502(d) appears to prevent EPA from
granting a state operating permit program full approval until the state
has corrected all deficiencies in its program no matter how
insignificant, and without consideration as to when such deficiency was
identified. Alternately, section 502(g) appears to require that EPA
grant a state program full approval if the state has corrected those
issues that the EPA identified in the final interim approval. The
central question, therefore, is whether New York by virtue of
correcting the deficiencies identified in the final interim approval is
eligible at this time for full approval, or whether New York must also
correct any new or recently identified deficiencies that may exist as a
prerequisite to receiving full program approval.
According to settled principles of statutory construction,
statutory provisions should be interpreted so that they are consistent
with one another.
[[Page 63182]]
See Citizens to Save Spencer County v. EPA, 600 F.2d 844, 870 (D.C.
Cir. 1979). Where an agency encounters inconsistent statutory
provisions, it must give maximum possible effect to all of the
provisions, while remaining within the bounds of its statutory
authority. Id. at 870-71. Whenever possible, the agency's
interpretation should not render any of the provisions null or void.
Id. Courts have recognized that agencies are often delegated the
responsibility to interpret ambiguous statutory terms in such a
fashion. See Chevron U.S.A, Inc. v. Natural Resources Defense Council,
Inc., 467 U.S. 837, 845 (1984). Harmonious construction is not always
possible, however, and furthermore should not be sought if it requires
distorting the language in a fashion never imagined by Congress.
Citizens to Save Spencer County, 600 F.2d at 870.
In this situation, in order to give effect to the principles
embodied in Title V that major stationary sources of air pollution be
required to have an operating permit that conforms to certain statutory
and regulatory requirements, and that operating permit programs be
administered and enforced by state permitting authorities, the
appropriate and more cohesive reading of the statute recognizes EPA's
authority to grant New York full approval in this situation while
working simultaneously with the state, in its oversight capacity, on
any additional problems that were recently identified. To conclude
otherwise would disrupt the current administration of the state program
and cause further delay in the state's ability to issue operating
permits to major stationary sources. A smooth transition from interim
approval to full approval is in the best interest of the public and the
regulated community and best reconciles the statutory directives of
Title V.
Furthermore, requiring the State to fix all of the deficiencies
that may exist and that have been recently identified prior to
receiving full approval runs counter to the established regulatory
process that is already in place to deal with newly identified program
deficiencies. Section 502(i)(4) of the Act and 40 CFR 70.4(i) and 70.10
provide EPA with the authority to issue notices of deficiency (``NOD'')
whenever EPA makes a determination that a permitting authority is not
adequately administering or enforcing a part 70 program, or that the
State's permit program is inadequate in any other way. Consistent with
these provisions, in its NOD EPA will specify a reasonable time frame
for the permitting authority to correct the identified deficiency. The
New York Title V interim approval expires on December 1, 2001. This
deadline does not provide adequate time for the State to correct newly
identified issues that may exist prior to the expiration of interim
approval. Allowing the State's program to expire because of issues
identified as recently as March 2001 will cause disruption and further
delay in the issuance of permits to major stationary sources in New
York. As explained above, we do not believe that Title V requires such
a result. Rather, the appropriate mechanism for dealing with additional
deficiencies that are identified sometime after a program received
interim approval but prior to being granted full approval is the notice
of program deficiency or administration deficiency as discussed herein.
This process provides the State an adequate amount of time after such
findings to implement any necessary changes without unduly disrupting
the entire state operating permit program. As a result, addressing
newly identified problems separately from the full approval process
will not cause these issues to go unaddressed. Moreover, proceeding in
this manner allows for a more rational and orderly method for
addressing new issues as they arise.
In addition, NYPIRG submitted one comment that directly relates to
New York's full program approval process. This comment relates to the
definition of ``major source.'' NYPIRG commented that EPA can only
grant full approval if a program complies with part 70 as it exists on
the date of full program approval. That is, approval cannot be based on
a determination that a program complies with proposed regulations. EPA
agrees. The decision to grant full approval is based on the fact that
the definition of major source in New York State's program is now
consistent with the definition in part 70. In EPA's proposed approval
of the New York State program, it was noted that the agency had
proposed revisions to part 70 relative to the major source definition
that, when finalized, would be consistent with the definition in New
York's rules. New York's definition of major source, which lists source
categories that must include fugitive emissions in determining major
source status reads, in part: ``All other source categories regulated
by a standard under Sections 111, for which EPA has completed a
rulemaking proceeding under 302(j) of the Act or 112 of the Act, but
only with respect to those air pollutants that have been regulated for
that category as of the effective date of this Part.'' On November 27,
2001, the Agency published in the Federal Register a rule that
finalized EPA's change to paragraph (2)(xvii) of the part 70 definition
of major source. See 66 FR 59161, November 27, 2001. The revised
paragraph now reads, ``(xvii) Any other stationary source category,
which as of August 7, 1980 is being regulated by a standard promulgated
under section 111 or 112 of the Act.'' This change means that part 70
no longer requires states to provide that sources in categories subject
to standards under sections 111 or 112 promulgated after August 7, 1980
must include fugitive emissions in determining major source status
under section 302 or part D of title I of the Act. The definition of
major source in the New York program is now consistent with part 70.
Although the New York definition is different than the EPA definition,
the State's definition covers at least the same source categories as
part 70 (as revised) and, therefore, it is now fully approvable.
In addition to the above described change, EPA has deleted the
phrase ``but only with respect to those air pollutants that have been
regulated for that category'' from paragraph (c)(xvii) of the part 70
definition of major source. EPA proposed to delete this phrase in its
1995 supplemental proposal to revise part 70. See 60 FR 45530, August
31, 1995. States, including New York, must revise their part 70
programs accordingly, and submit the revision to EPA within 12 months
of the date of publication of the final rule. If a state can
demonstrate that additional legal authority is needed, the deadline for
submittal of a revised program can be extended to 24 months after EPA's
rule is published.
4. What Is the Public's Role in Identifying Program Deficiencies?
On May 22, 2000, EPA promulgated a rulemaking that extended the
interim approval period of 86 operating permit programs until December
1, 2001. (65 FR 32035). The action was subsequently challenged by the
Sierra Club and NYPIRG. In settling the litigation, EPA agreed to
publish a notice in the Federal Register that would alert the public
that they may identify and bring to EPA's attention alleged
programmatic and/or implementation deficiencies in title V programs and
that EPA would respond to their allegations within specified time
periods if the comments were made within 90 days of publication of the
Federal Register notice. EPA published that notice on December 11,
2000. (65 FR 77276).
Several citizens commented on what they believe to be deficiencies
with respect to the New York State Title V
[[Page 63183]]
program. As stated in the Federal Register notice published on October
25, 2001 proposing to fully approve New York State's operating permit
program, EPA takes no action on those comments in today's action.
Rather, EPA expects to respond by December 14, 2001, to timely public
comments on programs that had obtained interim approval, and by April
1, 2002, to timely comments on fully approved programs. EPA will
publish a notice of deficiency (NOD) when it is determined that a
deficiency exists, or EPA will notify the commenter in writing to
explain the agency's reasons for not making a finding of deficiency. In
addition, EPA will publish a notice of availability in the Federal
Register notifying the public that the agency has responded in writing
to these comments and how the public may obtain a copy of such a
response. An NOD will not necessarily be limited to deficiencies
identified by citizens and may include any deficiencies that EPA has
identified through its program oversight. Furthermore, in the future,
EPA may issue an additional NOD if EPA or a citizen identifies other
deficiencies.
5. What Are the Program Changes That EPA Is Approving?
The details on the program changes can be found in EPA's proposed
action which was published in the October 25, 2001 issue of the Federal
Register (see 66 FR 53966). In summary, EPA approves the three rule
revisions that became effective on June 26, 1998, and the three other
rule revisions that were promulgated pursuant to emergency rulemaking
on September 21, 2001.
6. What Is Involved in This Final Action?
The State of New York has adequately fulfilled the conditions of
the interim approval promulgated on November 7, 1996. EPA is therefore
taking final action to fully approve New York State's operating permit
program as revised by the three permanent rules submitted on June 8,
1998 and the three emergency rules submitted on October 5, 2000.
However, as previously discussed, since the emergency rules expire on
December 21, 2001, unless extended, this final full approval will
expire if EPA has not approved the State's revised permanent rules
before the emergency rules expire. New York State has commenced a
separate rulemaking proposal (that is, the ``normal'' rulemaking
process utilized in the State of New York, including the opportunity
for public participation), containing the identical regulatory changes.
The permanent rules will replace the ``emergency'' rules once the
rulemaking proposal is finalized. Today's approval, however, is
contingent upon the final permanent rules being substantively the same
as the draft rules on which EPA proposed this action and which were the
same as the emergency rules that are already in effect. Once these
permanent rules become effective, EPA will promulgate another final
program approval to replace this action. In the interim, the emergency
rules will still be in effect and, therefore, New York will still have
a fully approved program. If the State of New York fails to adopt rules
that are effective before expiration of the emergency rules, then the
New York State operating permit program will expire and the federal
part 71 program will automatically take effect. As previously
discussed, if necessary, EPA will publish a notice in the Federal
Register within two weeks of the effective date of the federal program.
New York State may revise its operating permit program as
appropriate in the future by following the procedures stipulated in 40
CFR 70.4(i). EPA may also exercise its oversight authorities under
section 502(i) of the Act to require changes to the State's program
consistent with the procedure stipulated in 40 CFR 70.10.
7. What Is the Scope of EPA's Full Approval?
In its program submittal, New York State did not assert
jurisdiction over Indian country. To date, no tribal government in New
York has applied to EPA for approval to administer a title V program in
Indian country within the State. On February 12, 1998, EPA promulgated
regulations (40 CFR part 49) under which eligible Indian tribes may be
approved by EPA to implement a title V program on Indian reservations
and in non-reservation areas over which the tribe has jurisdiction. EPA
has promulgated regulations (40 CFR part 71) governing the issuance of
federal operating permits in Indian country. EPA's authority to issue
permits in Indian country was challenged in Michigan v. EPA, (D.C. Cir.
No. 99-1151). On October 30, 2001, the court issued its decision in the
case, vacating a provision that would have allowed EPA to treat areas
over which EPA determines there is a question regarding the area's
status as if it is Indian country, and remanding to EPA for further
proceedings. EPA will respond to the court's remand and explain EPA's
approach for further implementation of part 71 in Indian country in a
future action.
8. What Is the Effective Date of EPA's Final Full Approval of the
State of New York Title V Program?
EPA is using the good cause exception under the Administrative
Procedure Act (APA) to make the full approval of the State's program
effective on November 30, 2001. In relevant part, section 553(d)
provides that publication of ``a substantive rule shall be made not
less than 30 days before its effective date, except--* * * (3) as
otherwise provided by the agency for good cause found and published
with the rule.'' Good cause may be supported by an agency determination
that a delay in the effective date is ``impracticable, unnecessary, or
contrary to the public interest.'' APA section 553(b)(3)(B). EPA finds
that it is necessary and in the public interest to make this action
effective sooner than 30 days following publication. In this case, EPA
believes that it is in the public interest for the program to take
effect before December 1, 2001. EPA's interim approval of New York
State's program expires on December 1, 2001. In the absence of this
full approval taking effect on November 30, the federal part 71 program
would automatically take effect in New York State and would remain in
place until the effective date of the fully-approved state program. EPA
believes it is in the public interest for sources, the public and the
State to avoid any gap in coverage of the State program, as such a gap
could cause confusion regarding permitting obligations. Furthermore, a
delay in the effective date is unnecessary because New York has been
administering the title V permit program for five years under an
interim approval. Through this action, EPA is approving revisions to
the existing and currently operational program. The change from the
interim approved program which substantially but did not fully meet the
part 70 requirements, to the fully approved program is relatively
minor, in particular if compared to the changes between a state-
approved program and the federal program. Finally, sources are already
complying with many of the newly approved requirements as a matter of
state law. Thus, there is little or no additional burden with complying
with these requirements under the federally approved State program.
Administrative Requirements
Under Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993), this final approval is not a ``significant
regulatory action'' and therefore is not subject to review by the
Office of Management and
[[Page 63184]]
Budget. Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the
Administrator certifies that this final approval will not have a
significant economic impact on a substantial number of small entities
because it merely approves state law as meeting federal requirements
and imposes no additional requirements beyond those imposed by state
law. This rule does not contain any unfunded mandates and does not
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4) because it
approves pre-existing requirements under state law and does not impose
any additional enforceable duties beyond that required by state law.
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,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000). This rule also does not have Federalism
implications because it will 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,
``Federalism'' (64 FR 43255, August 10, 1999). This rule merely
approves existing requirements under state law, and does not alter the
relationship or the distribution of power and responsibilities between
the State and the Federal government established in the Clean Air Act.
This final approval also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997) or Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001), because it
is not a significant regulatory action under Executive Order 12866.
This action will not impose any collection of information subject to
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
other than those previously approved and assigned OMB control number
2060-0243. For additional information concerning these requirements,
see 40 CFR part 70. 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.
In reviewing State operating permit programs submitted pursuant to
title V of the Clean Air Act, EPA will approve State programs provided
that they meet the requirements of the Clean Air Act and EPA's
regulations codified at 40 CFR part 70. 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 State
operating permit program for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews an operating
permit program, to use VCS in place of a State program 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. 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). This rule will be effective on November 30, 2001.
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 February 4, 2002. 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 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: November 29, 2001.
William J. Muszynski,
Acting Regional Administrator, Region 2.
For reasons set out in the preamble, Appendix A of part 70 of title
40, chapter I, of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Appendix A to part 70 is amended by adding paragraph (c) in the
entry for New York to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permit Programs
* * * * *
New York
* * * * *
(c) The New York State Department of Environmental Conservation
submitted program revisions on June 8, 1998 and October 5, 2001. The
rule revisions contained in the June 8, 1998 and October 5, 2001
submittals adequately addressed the conditions of the interim
approval effective on December 9, 1996, and which would expire on
December 1, 2001. The October 5, 2001 submission consists of rules
adopted pursuant to New York's emergency rulemaking procedures. The
State is hereby granted final full approval effective on November
30, 2001.
* * * * *
[FR Doc. 01-30144 Filed 12-4-01; 8:45 am]
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