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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 2 State rules adopting the amended EG 6 NYCRR Part 200 as the mechanism for implementing and enforcing the state plan;
3 An inventory of seven known large MWC facilities, including eighteen large MWC units, along with an inventory of their air pollutant emissions see section C of New Yorks state plan;
4 Emission limits, emission standards, operator training and qualification requirements, and operating limits that are at least as protective as the amended EG;
5 Enforceable compliance schedules as indicated in the amended EG.
Compliance with revised emission limits see 40 CFR 60.39b was required as expeditiously as practicable, but not later than April 28, 2009, except as noted in 40 CFR 60.39bg2 for a facility that was planning an extensive emission control system upgrade that petitioned the Administrator for a longer compliance schedule. If approved by the Administrator, the longer compliance schedule may have been extended no later than May 10, 2011. If no plan for implementing the amended EG was approved by the EPA, all MWC units that meet the applicability standards set forth in 40
CFR 60.32b must have been in compliance with all requirements of the amended EG no later than May 10, 2011
see 40 CFR 60.39bh.
6 Testing, monitoring, reporting, and recordkeeping requirements for the designated facilities;
7 Records of the public hearing on the revised state plan; and, 8 Provisions for annual state progress reports to the EPA on implementation of the revised state plan.
The EPA reviewed New Yorks revised state plan for approval against the following criteria: 40 CFR 60.23
through 60.26, Subpart BAdoption and Submittal of State Plans for Designated Facilities, Subpart Cb Emissions Guidelines and Compliance Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994, and 40
CFR part 62 subpart A, General Provisions for Approval and Promulgation of State Plans for Designated Facilities and Pollutants.
On September 10, 2018 see 83 FR
45589, the EPA proposed to determine that New Yorks revised state plan for large MWC units includes all the required state plan elements described in the amended EG and, therefore, the EPA proposed approval of New Yorks July 12, 2013 state plan submittal.

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III. What comments were received in response to the EPAs proposed action?
In response to the EPAs September 10, 2018 see 83 FR 45589 proposed rulemaking on New Yorks state plan submission for existing large MWCs, the EPA received two comments during the 30-day public comment period. The first public comment, posted on October 9, 2018, supports the EPAs proposed rulemaking to approve New Yorks state plan. Also, the EPA has determined that the second public comment, posted on October 17, 2018, is outside the scope of our proposed action and fails to identify any material issue necessitating a response. The second public comment does not raise any issues germane to the EPAs proposed action. For these reasons, the EPA will not provide a specific response to the second public comment. The specific public comments may be viewed under Docket ID Number EPAR02OAR20180564 on the http www.regulations.gov website.
IV. What is the EPAs conclusion?
The EPA has determined that New Yorks revised state plan meets all the applicable approval criteria as discussed above and, therefore, the EPA is approving New York states CAA
sections 111d and 129 revised state plan for existing large municipal waste combustor units.
V. Incorporation by Reference In accordance with the requirements of 1 CFR 51.5, the EPA is finalizing regulatory text that includes the incorporation by reference of Table 2 of subdivision 200.10b at Part 200 of Title 6 NYCRR effective October 20, 2007 which is part of the CAA section 129 plan applicable to existing large MWCs in New York. The regulatory provision at 6 NYCRR section 200.10b, entitled, Delegated Federal New Source Performance Standards of 40
CFR 60, incorporates by reference the Emission Guidelines EG for existing large MWCs, promulgated by the EPA at 40 CFR part 60 subpart Cb, and establishes emission standards and compliance times for the control of lead, mercury, cadmium, organics, hydrogen chloride, and other air pollutants from certain MWCs that commenced construction on or before September 20, 1994. The EPA has made, and will continue to make, Table 2 of subdivision 200.10b at Part 200 of Title 6 NYCRR generally available electronically through www.regulations.gov, Docket No. EPA
R02OAR20180564 and in hard copy at the EPA Region 2 office please contact the person identified in the FOR

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section of this preamble for more information.
Therefore, these materials have been approved by EPA for inclusion in the state plan, have been incorporated by reference by EPA into that plan, and are fully federally enforceable under the CAA as of the effective date of the final rulemaking.

FURTHER INFORMATION CONTACT

VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a CAA section 111d/129 plan submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7411d; 40 CFR part 60
subparts B and Cb; and 40 CFR part 62
subpart A; and 40 CFR 62.04. Thus, in reviewing CAA section 111d/129 plan submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the Act and implementing regulations. Accordingly, this action, as finalized, 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, as finalized:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Order 12866 58 FR 51735, Oct. 4, 1993 and Executive Order 13563
76 FR 3821, Jan. 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. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, Aug. 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 12d 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 CAA; and
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