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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations
requirements, Volatile organic compounds.
Dated: August 27, 2021.
Elizabeth Adams, Acting Regional Administrator, Region IX.

For the reasons stated in the preamble, the Environmental Protection Agency amends part 52, chapter I, title 40 of the Code of Federal Regulations as follows:
PART 52APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:

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

Subpart FCalifornia 2. Section 52.220 is amended by adding paragraph c503iB2 to read as follows:

52.220

Identification of plan.

c
503
i
B
2 Rule 61.3.1, Transfer of Gasoline into Stationary Underground Storage Tanks, adopted on March 1, 2006.

52.237

Amended
3. Section 52.237 is amended by removing and reserving paragraph b2iA.

FR Doc. 202119031 Filed 9221; 8:45 am BILLING CODE 656050P

I. What action is the EPA taking?
II. What are the details of the EPAs action?
III. What comments were received in response to the EPAs proposed action?
IV. What is the EPAs conclusion?
V. Incorporation by Reference VI. Statutory and Executive Order Reviews
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
EPAR02OAR20180564, FRL 892102
Region 2

Approval and Promulgation of State Plans for Designated Facilities; New York Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

The Environmental Protection Agency EPA is approving the state plan submitted by New York State to implement and enforce Emission Guidelines EG for existing large municipal waste combustor MWC
units. The state plan is consistent with the amended EG promulgated by the EPA on May 10, 2006. New Yorks plan establishes emission limits and other
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SUMMARY:

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requirements for the purpose of reducing emissions of lead, mercury, cadmium, organics, hydrogen chloride, and other air pollutants from large MWC
units throughout the state. New York submitted its plan to fulfill the requirements of certain sections of the Clean Air Act.
DATES: This rule is effective on October 4, 2021. The incorporation by reference of certain materials listed in the rule is approved by the Director of the Federal Register as of October 4, 2021.
ADDRESSES: The EPA has established a docket for this action under Docket ID
No. EPAR02OAR20180564. All documents in the docket are listed on the http 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 available information.
FOR FURTHER INFORMATION CONTACT:
Fausto Taveras, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 100071866, 212 6373378, or by email at Taveras.Fausto@epa.gov.
SUPPLEMENTARY INFORMATION: The following table of contents describes the format for the SUPPLEMENTARY
INFORMATION section:

I. What action is the EPA taking?
The EPA is approving New Yorks revised state plan, submitted on July 12, 2013, for the control of air emissions from existing large municipal waste combustor MWC units throughout the state, except for any existing large MWC
units located in Indian Nation Land. In accordance with the Clean Air Act CAA or the Act, New York previously submitted a state plan on December 15, 1997, as supplemented on June 22, 1998, which was approved by the EPA on August 4, 1998. See 63 FR
41427. New York also submitted a revised state plan on October 7, 1998, as supplemented on November 5, 1998, which was approved by the EPA on February 9, 1999. See 64 FR 6237. New
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York submitted its July 12, 2013 revised plan to fulfill the requirements of sections 111d and 129 of the CAA. The revised state plan adopts and implements the Emission Guidelines EG amended by the EPA on May 10, 2006 applicable to existing large MWC
units and establishes revised emission limits and other requirements for units constructed on or before September 20, 1994. See 71 FR 27324 May 10, 2006;
40 CFR 60.32ba. New Yorks revised state plan regulates all the existing units designated as large MWCs by the amended EG with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction commenced on or before September 20, 1994. This approval, once effective, will render New Yorks revised large MWC rules included in the state plan federally enforceable.
II. What are the details of the EPAs action?
On July 12, 2013,1 the New York State Department of Environmental Conservation NYSDEC submitted to the EPA its sections 111d and 129 state plan to implement the EPAs amended EG for existing large MWC units located in New York state. New York has incorporated by reference the applicable requirements of the amended EG in Part 200 of Title 6 of the New York Codes, Rules and Regulations 6 NYCRR, entitled, General Provisions. The amended regulation became effective on October 20, 2007. New York will enforce the requirements under Part 201, entitled Permits and Registration. By incorporating the requirements of the amended EG into Part 200, NYSDEC has the authority to include them as applicable requirements in the permits of subject emission sources. As a result, the Part 200 requirements are enforceable by New York and become federally enforceable once the state plan is approved by the EPA.
New Yorks revised state plan includes all of the EPAs required elements as described in the amended EG and 40 CFR subpart B, as summarized herein:
1 A demonstration of the states legal authority to implement the CAA
sections 111d and 129 state plan;
1 In an email dated December 6, 2017, the New York State Department of Environmental Conservation NYSDEC provided a copy of the New York State Office of Attorney General opinion dated June 9, 1980, finding that New York state administrative agencies are authorized to incorporate by reference federal statutes and regulations that are applicable to the state, and that such action is not prohibited by the New York State Constitution.

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