Outer Continental Shelf Air Regulations

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					                                               13822                     Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Proposed Rules

                                               described in the Unfunded Mandates                      applicable law or otherwise impractical.              ADDRESSES:    Submit your comments,
                                               Reform Act of 1995 (Pub. L. 104–4).                     In reviewing SIP submissions, EPA’s                   identified by Docket ID Number EPA–
                                                                                                       role is to approve state choices,                     R02–OAR–2007–0553, by one of the
                                               Executive Order 13132: Federalism
                                                                                                       provided that they meet the criteria of               following methods:
                                                 This action also does not have                        the Clean Air Act. Absent a prior                        A. Federal eRulemaking Portal:
                                               Federalism implications because it does                 existing requirement for the state to use             http://www.regulations.gov: Follow the
                                               not have substantial direct effects on the              voluntary consensus standards, EPA has                on-line instructions for submitting
                                               states, on the relationship between the                 no authority to disapprove a SIP                      comments;
                                               national government and the states, or                  submission for failure to use such                       B. E-Mail: riva.steven@epa.gov;
                                               on the distribution of power and                        standards, and it would thus be                          C. Mail: Steven Riva, U.S.
                                               responsibilities among the various                      inconsistent with applicable law for                  Environmental Protection Agency,
                                               levels of government, as specified in                   EPA to use voluntary consensus                        Region 2, Air Programs Branch, 290
                                               Executive Order 13132 (64 FR 43255,                     standards in place of a program                       Broadway, New York, NY 10007;
                                               August 10, 1999). This action merely                    submission that otherwise satisfies the                  D. Hand Delivery: U.S. Environmental
                                               proposes to approve a state rule                        provisions of the Clean Air Act.                      Protection Agency Region 2, Attn:
                                               implementing a federal standard, and                    Therefore, the requirements of section                Steven Riva, 290 Broadway, New York,
                                               does not alter the relationship or the                  12(d) of the NTTAA do not apply.                      NY 10007, 25th Floor. Such deliveries
                                               distribution of power and                                                                                     are only accepted during normal hours
                                               responsibilities established in the Clean               List of Subjects in 40 CFR Part 52                    of operation, and special arrangements
                                               Air Act.                                                  Environmental protection, Air                       should be made for deliveries of boxed
                                                                                                       pollution control, Intergovernmental                  information.
                                               Executive Order 13175: Consultation                                                                              Instructions: Direct your comments to
                                               and Coordination With Indian Tribal                     relations, Particulate matter.
                                                                                                                                                             Docket ID No. EPA–R02–OAR–2007–
                                               Governments                                               Dated: March 7, 2008.                               0553. EPA’s policy is that all comments
                                                  This proposed rule also does not have                Bharat Mathur,                                        received will be included in the public
                                               tribal implications because it will not                 Acting Regional Administrator, Region 5.              docket without change and may be
                                               have a substantial direct effect on one or              [FR Doc. E8–5053 Filed 3–13–08; 8:45 am]              made available online at http://
                                               more Indian tribes, on the relationship                 BILLING CODE 6560–50–P                                www.regulations.gov, including any
                                               between the Federal Government and                                                                            personal information provided, unless
                                               Indian tribes, or on the distribution of                                                                      the comment includes information
                                               power and responsibilities between the                  ENVIRONMENTAL PROTECTION                              claimed to be Confidential Business
                                               Federal Government and Indian tribes,                   AGENCY                                                Information (CBI) or other information
                                               as specified by Executive Order 13175                                                                         whose disclosure is restricted by statute.
                                               (65 FR 67249, November 9, 2000).                        40 CFR Part 55                                        Do not submit information that you
                                                                                                       [EPA–R02–OAR–2007–0553; FRL–8542–4]                   consider to be CBI or otherwise
                                               Executive Order 13045: Protection of                                                                          protected through www.regulations.gov
                                               Children From Environmental Health                      Outer Continental Shelf Air                           or e-mail. The http://
                                               and Safety Risks                                        Regulations Update To Include New                     www.regulations.gov Web site is an
                                                 This proposed rule also is not subject                York State Requirements                               ‘‘anonymous access’’ system, which
                                               to Executive Order 13045 ‘‘Protection of                                                                      means EPA will not know your identity
                                               Children from Environmental Health                      AGENCY:  Environmental Protection 
                   or contact information unless you
                                               Risks and Safety Risks’’ (62 FR 19885,                  Agency (EPA). 
                                       provide it in the body of your comment.
                                               April 23, 1997), because it proposes                    ACTION: Proposed rule. 
                              If you send an e-mail comment directly
                                               approval of a state rule implementing a                                                                       to EPA without going through
                                                                                                       SUMMARY: EPA is proposing to update a                 www.regulations.gov your email address
                                               Federal Standard.
                                                                                                       portion of the Outer Continental Shelf                will be automatically captured and
                                               Executive Order 13211: Actions That                     (OCS) Air Regulations. Requirements                   included as part of the comment that is
                                               Significantly Affect Energy Supply,                     applying to OCS sources located within                placed in the public docket and made
                                               Distribution, or Use                                    25 miles of States’ seaward boundaries                available on the Internet. If you submit
                                                 Because it is not a ‘‘significant                     must be promulgated into part 55 and                  an electronic comment, EPA
                                               regulatory action’’ under Executive                     updated periodically to remain                        recommends that you include your
                                               Order 12866 or a ‘‘significant regulatory               consistent with the requirements of the               name and other contact information in
                                               action,’’ this action is also not subject to            corresponding onshore area (COA), as                  the body of your comment and with any
                                               Executive Order 13211, ‘‘Actions                        mandated by section 328(a)(1) of the                  disk or CD–ROM you submit. If EPA
                                               Concerning Regulations That                             Clean Air Act (CAA). The portion of the               cannot read your comment due to
                                               Significantly Affect Energy Supply,                     OCS air regulations that is being                     technical difficulties and cannot contact
                                               Distribution, or Use’’ (66 FR 28355, May                updated pertains to the requirements for              you for clarification, EPA may not be
                                               22, 2001).                                              OCS sources in the State of New York.                 able to consider your comment.
                                                                                                       The intended effect of approving the                  Electronic files should avoid the use of
                                               National Technology Transfer                            OCS requirements for the State of New                 special characters, any form of
                                               Advancement Act                                         York is to regulate emissions from OCS                encryption, and be free of any defects or
                                                 Section 12(d) of the National                         sources in accordance with the                        viruses.
                                                                                                       requirements onshore. The requirements
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                                               Technology Transfer and Advancement                                                                              Docket: All documents in the
                                               Act of 1995 (NTTAA), 15 U.S.C. 272,                     discussed below are proposed to be                    electronic docket are listed in the
                                               requires Federal agencies to use                        incorporated by reference into the Code               http://www.regulations.gov index.
                                               technical standards that are developed                  of Federal Regulations and are listed in              Although listed in the index, some
                                               or adopted by voluntary consensus to                    the appendix to the OCS air regulations.              information is not publicly available,
                                               carry out policy objectives, so long as                 DATES: Written comments must be                       e.g., CBI or other information whose
                                               such standards are not inconsistent with                received on or before April 14, 2008.                 disclosure is restricted by statute.


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                                                                         Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Proposed Rules                                           13823

                                               Certain other material, such as                         onshore requirements. To comply with                  a regulatory flexibility analysis of any
                                               copyrighted material, is not placed on                  this statutory mandate, EPA must                      rule subject to notice and comment
                                               the Internet and will be publicly                       incorporate applicable rules in effect for            rulemaking requirements unless the
                                               available only in hard copy form.                       onshore sources into part 55. This limits             agency certifies that the rule will not
                                               Publicly available docket materials are                 EPA’s flexibility in deciding which                   have a significant economic impact on
                                               available either electronically in http://              requirements will be incorporated into                a substantial number of small entities.
                                               www.regulations.gov or in hard copy                     part 55 and prevents EPA from making                  Small entities include small businesses,
                                               during normal business hours at the                     substantive changes to the requirements               small not-for-profit enterprises, and
                                               U.S. Environmental Protection Agency,                   it incorporates. As a result, EPA may be              small governmental jurisdictions.
                                               Region 2, 290 Broadway, New York,                       incorporating rules into part 55 that do                 This rule will not have a significant
                                               New York 10007.                                         not conform to all of EPA’s state                     economic impact on a substantial
                                               FOR FURTHER INFORMATION CONTACT:                        implementation plan (SIP) guidance or                 number of small entities. This rule
                                               Steven Riva, Air Programs Branch, U.S.                  certain requirements of the CAA.                      implements requirements specifically
                                               Environmental Protection Agency,                        Inclusion in the OCS rule does not                    and explicitly set forth by the Congress
                                               Region 2, 290 Broadway, New York,                       imply that a rule meets the requirements              in section 328 of the CAA, without the
                                               New York 10007; telephone number:                       of the CAA for SIP approval, nor does                 exercise of any policy discretion by
                                               (212) 637–4074; e-mail address:                         it imply that the rule will be approved               EPA. These OCS rules already apply in
                                               riva.steven@epa.gov.                                    by EPA for inclusion in the SIP.                      the COA, and EPA has no evidence to
                                                                                                                                                             suggest that these OCS rules have had
                                               SUPPLEMENTARY INFORMATION:                              II. EPA’s Evaluation                                  a significant economic impact on a
                                               Table of Contents                                       What Criteria Were Used To Evaluate                   substantial number of small entities. As
                                                                                                       Rules Submitted To Be Incorporated                    required by section 328 of the CAA, this
                                               I. Background Information                                                                                     action simply incorporates the existing
                                                  Why Is EPA Taking This Action?
                                                                                                       Into 40 CFR Part 55?
                                               II. EPA’s Evaluation                                       EPA reviewed the rules that New                    rules in the COA. Therefore, EPA
                                                  What Criteria Were Used To Evaluate Rules            York submitted for inclusion in part 55               certifies that this action will not have a
                                                     Submitted To Be Incorporated Into 40              to ensure that they are rationally related            significant economic impact on a
                                                     CFR Part 55?                                      to the attainment or maintenance of                   substantial number of small entities.
                                               III. Administrative Requirements                        Federal or State AAQS or part C of title
                                                  A. Executive Order 12866: Regulatory 
                                                                     D. Unfunded Mandates Reform Act
                                                     Planning and Review 

                                                                                                       I of the CAA and that they are not                      Under section 202 of the Unfunded
                                                  B. Paperwork Reduction Act                           designed expressly to prevent                         Mandates Reform Act of 1995
                                                  C. Regulatory Flexibility Act                        exploration and development of the
                                                                                                                                                             (Unfunded Mandates Act), signed into
                                                  D. Unfunded Mandates Reform Act                      OCS and that they are applicable to OCS
                                                                                                                                                             law on March 22, 1995, EPA must
                                                  E. Executive Order 13132: Federalism                 sources. 40 CFR 55.1. EPA has also
                                                  F. Executive Order 13175: Coordination
                                                                                                                                                             prepare a budgetary impact statement to
                                                                                                       evaluated the rules to ensure they are
                                                     With Indian Tribal Government                                                                           accompany any proposed or final rule
                                                                                                       not arbitrary or capricious. 40 CFR
                                                  G. Executive Order 13045: Protection of                                                                    that includes a Federal mandate that
                                                                                                       55.12(e). In addition, EPA has excluded
                                                     Children From Environmental Health                                                                      may result in estimated costs to State,
                                                                                                       New York’s administrative or
                                                     Risks and Safety Risks                                                                                  local, and tribal governments in the
                                                                                                       procedural rules,2 and requirements that
                                                  H. Executive Order 13211: Actions That                                                                     aggregate; or to the private sector, of
                                                     Significantly Affect Energy Supply,               regulate toxics that are not related to the
                                                                                                                                                             $100 million or more in any one year.
                                                     Distribution, or Use                              attainment and maintenance of Federal
                                                                                                                                                             Under section 205, EPA must select the
                                                  I. National Technology Transfer and 
                and State AAQS.
                                                                                                                                                             most cost-effective and least
                                                     Advancement Act 

                                                                                                       III. Administrative Requirements                      burdensome alternative that achieves
                                               I. Background Information                                                                                     the objectives of the rule and is
                                                                                                       A. Executive Order 12866: Regulatory
                                                                                                                                                             consistent with statutory requirements.
                                               Why Is EPA Taking This Action?                          Planning and Review
                                                                                                                                                             Section 203 requires EPA to establish a
                                                  On September 4, 1992, EPA                              The Office of Management and Budget                 plan for informing and advising any
                                               promulgated 40 CFR part 55,1 which                      (OMB) has exempted this regulatory                    small governments that may be
                                               established requirements to control air                 action from Executive Order 12866,                    significantly or uniquely impacted by
                                               pollution from OCS sources in order to                  entitled ‘‘Regulatory Planning and                    the rule.
                                               attain and maintain Federal and State                   Review.’’                                               EPA has determined that today’s
                                               ambient air quality standards (AAQS)                    B. Paperwork Reduction Act                            proposed rule contains no Federal
                                               and to comply with the provisions of                                                                          mandates that may result in
                                               part C of title I of the CAA. Part 55                     This rule does not impose an                        expenditures of $100 million or more
                                               applies to all OCS sources offshore of                  information collection burden under the               for State, local, or tribal governments, in
                                               the States except those located in the                  provisions of the Paperwork Reduction                 the aggregate, or to the private sector in
                                               Gulf of Mexico west of 87.5 degrees                     Act of 1995 (44 U.S.C. 3501 et seq.)                  any one year. This action approves pre-
                                               longitude.                                              C. Regulatory Flexibility Act                         existing requirements under State or
                                                  Section 328(a) of the CAA requires                                                                         local law, and imposes no new
                                               that EPA establish requirements to                        The Regulatory Flexibility Act (RFA)
                                                                                                                                                             requirements. Accordingly, no
                                               control air pollution from OCS sources                  generally requires an agency to conduct
                                                                                                                                                             additional costs to State, local or tribal
                                               located within 25 miles of States’                        2 Each COA which has been delegated the             governments, or to the private sector,
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                                               seaward boundaries that are the same as                 authority to implement and enforce part 55, will      result from this action.
                                                                                                       use its administrative and procedural rules as
                                                 1 The reader may refer to the Notice of Proposed      onshore. However, in those instances where EPA        E. Executive Order 13132: Federalism
                                               Rulemaking, December 5, 1991 (56 FR 63774), and         has not delegated authority to implement and            Federalism (64 FR 43255, August 10,
                                               the preamble to the final rule promulgated              enforce part 55, as in New York, EPA will use its
                                               September 4, 1992 (57 FR 40792) for further             own administrative and procedural requirements to
                                                                                                                                                             1999) revokes and replaces Executive
                                               background and information on the OCS                   implement the substantive requirements. See 40        Orders 12612 (Federalism) and 12875
                                               regulations.                                            CFR 55.14(c)(4).                                      (Enhancing the Intergovernmental


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                                               13824                     Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Proposed Rules

                                               Partnership). Executive Order 13132                     Thus, Executive Order 13175 does not                  dioxide, Nitrogen oxides, Outer
                                               requires EPA to develop an accountable                  apply to this rule.                                   Continental Shelf, Ozone, Particulate
                                               process to ensure ‘‘meaningful and                                                                            matter, Permits, Reporting and
                                                                                                       G. Executive Order 13045: Protection of
                                               timely input by State and local officials                                                                     recordkeeping requirements, Sulfur
                                                                                                       Children From Environmental Health
                                               in the development of regulatory                                                                              oxides.
                                                                                                       Risks and Safety Risks
                                               policies that have federalism                                                                                   Dated: February 29, 2008.
                                               implications.’’ ‘‘Policies that have                       Executive Order 13045, entitled
                                                                                                                                                             Alan Steinberg,
                                               federalism implications’’ is defined in                 ‘‘Protection of Children from
                                                                                                       Environmental Health Risks and Safety                 Regional Administrator, Region 2.
                                               the Executive Order to include
                                               regulations that have ‘‘substantial direct              Risks’’ (62 FR 19885 (April 23, 1997)),                 Title 40, chapter I of the Code of
                                               effects on the States, on the relationship              applies to any rule that: (1) Is                      Federal Regulations, is proposed to be
                                               between the national government and                     determined to be ‘‘economically                       amended as follows:
                                               the States, or on the distribution of                   significant’’ as defined under Executive
                                                                                                                                                             PART 55—[AMENDED]
                                               power and responsibilities among the                    Order 12866, and (2) concerns an
                                               various levels of government.’’ Under                   environmental health or safety risk that                1. The authority citation for part 55
                                               Executive Order 13132, EPA may not                      EPA has reason to believe may have a                  continues to read as follows:
                                               issue a regulation that has federalism                  disproportionate effect on children. If                 Authority: Section 328 of the CAA (42
                                               implications, that imposes substantial                  the regulatory action meets both criteria,            U.S.C. 7401, et seq.) as amended by Public
                                               direct compliance costs, and that is not                the Agency must evaluate the                          Law 101–549.
                                               required by statute, unless the Federal                 environmental health or safety effects of               2. Section 55.14 is amended by
                                               government provides the funds                           the planned rule on children, and                     adding paragraphs (d)(16) and (e)(16) to
                                               necessary to pay the direct compliance                  explain why the planned regulation is                 read as follows:
                                               costs incurred by State and local                       preferable to other potentially effective
                                               governments, or EPA consults with                       and reasonably feasible alternatives                  § 55.14 Requirements that apply to OCS
                                               State and local officials early in the                  considered by the Agency.                             sources located within 25 miles of States’
                                               process of developing the proposed                         This proposed rule is not subject to               seaward boundaries, by State.
                                               regulation. EPA also may not issue a                    Executive Order 13045 because it does                 *      *    *     *    *
                                               regulation that has federalism                          not involve decisions intended to                       (d) * * *
                                               implications and that preempts State                    mitigate environmental health or safety                 (16) New York.
                                               law unless the Agency consults with                     risks.                                                  (i) 40 CFR part 52, subpart HH.
                                               State and local officials early in the                                                                          (ii) [Reserved].
                                               process of developing the proposed                      H. Executive Order 13211: Actions That                *      *    *     *    *
                                               regulation.                                             Significantly Affect Energy Supply,                     (e) * * *
                                                  This rule will not have substantial                  Distribution, or Use                                    (16) New York.
                                               direct effects on the States, on the                       This proposed rule is not subject to                 (i) State Requirements.
                                               relationship between the national                       Executive Order 13211, entitled                         (A) State of New York Requirements
                                               government and the States, or on the                    ‘‘Actions Concerning Regulations That                 Applicable to OCS Sources, October 20,
                                               distribution of power and                               Significantly Affect Energy Supply,                   2007.
                                               responsibilities among the various                      Distribution, or Use’’ (66 FR 28355 (May                (B) [Reserved].
                                               levels of government, as specified in                   22, 2001)) because it is not a significant              (ii) Local requirements.
                                                                                                                                                               (A) [Reserved].
                                               Executive Order 13132, because it                       regulatory action under Executive Order                 3. Appendix A to Part 55 is amended
                                               merely approves a state rule                            12866.                                                by adding an entry for New York in
                                               implementing a federal standard, and
                                                                                                       I. National Technology Transfer and                   alphabetical order to read as follows:
                                               does not alter the relationship or the
                                               distribution of power and                               Advancement Act                                       Appendix A to Part 55—Listing of State
                                               responsibilities established in the Clean                  Section 12(d) of the National                      and Local Requirements Incorporated
                                               Air Act. Thus, the requirements of                      Technology Transfer and Advancement                   by Reference Into Part 55, by State
                                               section 6 of the Executive Order do not                 Act (NTTAA) of 1995 requires Federal
                                                                                                                                                             *        *   *    *     *
                                               apply to this rule.                                     agencies to evaluate existing technical
                                                                                                       standards when developing a new                       New York
                                               F. Executive Order 13175: Coordination
                                                                                                       regulation. To comply with NTTAA,                       (a) State requirements.
                                               With Indian Tribal Governments
                                                                                                       EPA must consider and use voluntary                     (1) The following State of New York
                                                  Executive Order 13175, entitled                      consensus standards (VCS) if available                requirements are applicable to OCS Sources,
                                               ‘‘Consultation and Coordination with                    and applicable when developing                        October 20, 2007. New York Environmental
                                               Indian Tribal Governments’’ (65 FR                      programs and policies unless doing so                 Conservation Law—Department of
                                               67249, November 9, 2000), requires EPA                                                                        Environmental Conservation. The following
                                                                                                       would be inconsistent with applicable                 sections of Title 6, Chapter III:
                                               to develop an accountable process to                    laws or otherwise impractical.
                                               ensure ‘‘meaningful and timely input by                    The EPA believes that VCS are                      Part 200. General Provisions
                                               tribal officials in the development of                  inapplicable to this section. Today’s                 6 NYCRR 200.1. Definitions (effective 8/9/06)
                                               regulatory policies that have tribal                    action does not require the public to                 6 NYCRR 200.2. Safeguarding Information
                                               implications.’’ This final rule does not                perform activities conducive to the use                 (effective 1/16/92)
                                               have tribal implications, as specified in               of VCS.                                               6 NYCRR 200.3. False Statement (effective
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                                               Executive Order 13175. It will not have                                                                         6/16/72)
                                               substantial direct effects on tribal                    List of Subjects in 40 CFR Part 55                    6 NYCRR 200.4. Severability (effective
                                                                                                                                                               8/9/84)
                                               governments, on the relationship                          Environmental protection,                           6 NYCRR 200.5. Sealing (effective 2/22/79)
                                               between the Federal government and                      Administrative practice and procedures,               6 NYCRR 200.6. Acceptable Ambient Air
                                               Indian tribes, or on the distribution of                Air pollution control, Hydrocarbons,                    Quality (effective 4/6/83)
                                               power and responsibilities between the                  Incorporation by reference,                           6 NYCRR 200.7. Maintenance of Equipment
                                               Federal government and Indian tribes.                   Intergovernmental relations, Nitrogen                   (effective 2/22/79)



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                                                                         Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Proposed Rules                                            13825

                                               6 NYCRR 200.8. Conflict of Interest (effective          Part 211—General Prohibitions (Effective 8/           6 NYCRR 243–2. CAIR Designated
                                                 1/12/75)                                              11/83)                                                  Representative for CAIR NOX Ozone
                                               6 NYCRR 200.9. Referenced Material                                                                              Season Sources (effective 10/19/07)
                                                                                                       Part 212—General Process Emission Sources             6 NYCRR 243–3. Permits (effective 10/19/07)
                                                 (effective 1/27/07)                                   (Effective 9/22/94)                                   6 NYCRR 243–5. CAIR NOX Ozone Season
                                               6 NYCRR 200.10. Federal Standards and
                                                                                                       Part 215—Open Fires (Effective 6/16/72)                 Allowance Allocations (effective 10/19/07)
                                                 Requirements (effective 10/20/07)                                                                           6 NYCRR 243–6. CAIR NOX Ozone Season
                                                                                                       Part 219—Incinerators                                   Allowance Tracking System (effective
                                               Part 201. Permits and Certificates
                                                                                                       6 NYCRR 219–1. Incineration—General                     10/19/07)
                                               6 NYCRR 201–1. General Provisions                         Provisions (effective 10/30/02)                     6 NYCRR 243–7. CAIR NOX Ozone Season
                                                 (effective 7/7/96)                                    6 NYCRR 219–2. Municipal and Private Solid              Allowance Transfers (effective 10/19/07)
                                               6 NYCRR 201–2. Definitions (effective                     Waste Incineration Facilities (effective            6 NYCRR 243–8. Monitoring and Reporting
                                                 11/21/98)                                               5/21/05)                                              (effective 10/19/07)
                                               6 NYCRR 201–3. Exemptions and Trivial                   6 NYCRR 219–3. Infectious Waste                       6 NYCRR 243–9. CAIR NOX Ozone Season
                                                 Activities (effective 5/7/03)                           Incineration Facilities (effective 12/31/88)          Opt-in Units (effective 10/19/07)
                                               6 NYCRR 201–4. Minor Facility Registrations             6 NYCRR 219–5. Existing Incinerators
                                                                                                                                                             Part 244—CAIR NOX Annual Trading
                                                 (effective 7/7/96)                                      (effective 12/31/88)
                                                                                                       6 NYCRR 219–6. Existing Incinerators—New              Program
                                               6 NYCRR 201–5. State Facility Permits                                                                         6 NYCRR 244–1. CAIR NOX Annual Trading
                                                                                                         York City, Nassau and Westchester
                                                 (effective 7/7/96)                                      Counties (effective 12/31/88)                         Program General Provisions (effective
                                               6 NYCRR 201–6. Title V Facility Permits                 6 NYCRR 219–7. Mercury Emission                         10/19/07)
                                                 (effective 1/18/02)                                     Limitations for Large Municipal Waste               6 NYCRR 244–2. CAIR Designated
                                               6 NYCRR 201–7. Federally Enforceable                      Combustors Constructed On or Before                   Representative for CAIR NOX Sources
                                                 Emission Caps (effective 7/7/96)                        September 20, 1994 (effective 5/21/05)                (effective 10/19/07)
                                               6 NYCRR 201–8. General Permits (effective               6 NYCRR 219–8. Emission Guidelines and                6 NYCRR 244–3. Permits (effective 10/19/07)
                                                 7/7/96)                                                 Compliance Times for Small Municipal                6 NYCRR 244–5. CAIR NOX Allowance
                                                                                                         Waste Combustion Units Constructed On                 Allocations (effective 10/19/07)
                                               Part 202. Emissions Verification                          or Before August 30, 1999 (effective                6 NYCRR 244–6. CAIR NOX Allowance
                                                                                                         10/18/02)                                             Tracking System (effective 10/19/07)
                                               6 NYCRR 202–1. Emissions Testing,
                                                                                                                                                             6 NYCRR 244–7. CAIR NOX Allowance
                                                 Sampling and Analytical Determinations                Part 225—Fuel Consumption and Use
                                                                                                                                                               Transfers (effective 10/19/07)
                                                 (effective 5/29/05)                                   6 NYCRR 225–1. Fuel Composition and                   6 NYCRR 244–8. Monitoring and Reporting
                                               6 NYCRR 202–2. Emission Statements                        Use—Sulfur Limitations (effective 1/29/86)            (effective 10/19/07)
                                                 (effective 5/29/05)                                   6 NYCRR 225–2. Fuel Composition and 
                 6 NYCRR 244–9. CAIR NOX Opt-in Units
                                                                                                         Use—Waste Fuel (effective 11/5/84) 
                  (effective 10/19/07)
                                               Part 204. NOX Budget Trading Program                    6 NYCRR 225–3. Fuel Composition and 

                                               6 NYCRR 204–1. General Provisions                         Use—Gasoline (effective 11/4/01)                    Part 245—CAIR SO2 Trading Program
                                                 (effective 2/25/00)                                   6 NYCRR 225–4. Motor Vehicle Diesel Fuel              6 NYCRR 245–1. CAIR SO2 Trading Program
                                               6 NYCRR 204–2. Authorized Account                         (effective 5/8/05)                                    General Provisions (effective 10/19/07)
                                                 Representative for NOX Budget Sources                 Part 226—Solvent Metal Cleaning Processes             6 NYCRR 245–2. CAIR Designated
                                                 (effective 2/25/00)                                                                                           Representative for CAIR SO2 Sources
                                                                                                       (Effective 5/7/03)
                                                                                                                                                               (effective 10/19/07)
                                               6 NYCRR 204–3. Permits (effective 2/25/00)
                                                                                                       Part 227—Stationary Combustion                        6 NYCRR 245–3. Permits (effective 10/19/07)
                                               6 NYCRR 204–4. Compliance Certification                 Installations                                         6 NYCRR 245–6. CAIR SO2 Allowance
                                                 (effective 2/25/00)                                                                                           Tracking System (effective 10/19/07)
                                                                                                       6 NYCRR 227–1. Stationary Combustion
                                               6 NYCRR 204–5. Allowance Allocations                                                                          6 NYCRR 245–7. CAIR SO2 Allowance
                                                                                                         Installations (effective 2/25/00)
                                                 (effective 2/25/00)                                   6 NYCRR 227–2. Reasonably Available                     Transfers (effective 10/19/07)
                                               6 NYCRR 204–6. Allowance Tracking System                  Control Technology (RACT) for Oxides of             6 NYCRR 245–8. Monitoring and Reporting
                                                 (effective 2/25/00)                                     Nitrogen (NOX) (effective 2/11/04)                    (effective 10/19/07)
                                               6 NYCRR 204–7. NOX Allowance Transfers                  6 NYCRR 227–3 Pre-2003 Nitrogen Oxides                6 NYCRR 245–9. CAIR SO2 Opt-in Units
                                                 (effective 2/25/00)                                     Emissions Budget and Allowance Program                (effective 10/19/07)
                                               6 NYCRR 204–8. Monitoring and Reporting                   (effective 3/15/99)                                 *        *   *     *     *
                                                 (effective 2/25/00)                                   Part 228—Surface Coating Processes                    [FR Doc. 08–1020 Filed 3–13–08; 8:45 am]
                                               6 NYCRR 204–9. Individual Unit Opt-ins                  (Effective 7/23/03)                                   BILLING CODE 6560–50–P
                                                 (effective 2/25/00)
                                                                                                       Part 229—Petroleum and Volatile Organic
                                               Part 207—Control Measures for Air Pollution             Liquid Storage and Transfer (Effective
                                               Episode (Effective 2/22/79)                             4/4/93)                                               DEPARTMENT OF TRANSPORTATION
                                               Part 210—Emissions and Labeling                         Part 231—New Source Review in                         National Highway Traffic Safety
                                               Requirements for Personal Watercraft                    Nonattainment Areas and Ozone Transport               Administration
                                               Engines                                                 Region
                                               6 NYCRR 210–1. Applicability and                        6 NYCRR 231–1. Requirements for Emission              49 CFR Part 571
                                                 Definitions (effective 8/8/03)                          Sources Subject to the Regulation Prior to
                                                                                                         November 15, 1992 (effective 10/15/94)              [Docket No. NHTSA–2008–0015]
                                               6 NYCRR 210–2. Certification and
                                                                                                       6 NYCRR 231–2. Requirements for Emission              RIN 2127–AG51
                                                 Prohibitions (effective 8/8/03)
                                                                                                         Sources Subject to the Regulation On or
                                               6 NYCRR 210–3. Family Emission Limits                     After November 15, 1992 (effective 5/3/00)
                                                 (effective 8/8/03)                                                                                          Federal Motor Vehicle Safety
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                                               6 NYCRR 210–4. In-Use Testing and Recall                Part 240—Conformity to State or Federal               Standards; Roof Crush Resistance
                                                 (effective 8/8/03)                                    Implementation Plans (Effective 10/22/04)
                                                                                                                                                             AGENCY:  National Highway Traffic
                                               6 NYCRR 210–5. Warranty (effective 8/8/03)              Part 243—CAIR NOX Ozone Season Trading                Safety Administration (NHTSA),
                                               6 NYCRR 210–6. Production-Line Testing                  Program                                               Department of Transportation.
                                                 (effective 8/8/03)                                    6 NYCRR 243–1. CAIR NOX Ozone Season                  ACTION: Proposed rule; extension of
                                               6 NYCRR 210–7. Severability (effective                    Trading Program General Provisions                  comment period.
                                                 8/8/03)                                                 (effective 10/19/07)



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