Rule2021-18989
Approval and Promulgation of Implementation Plans; New York; Infrastructure Requirements for the 2015 Ozone National Air Quality Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2021
Effective
October 4, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) submitted by the State of New York to demonstrate that the State meets the requirements of certain sections of the Clean Air Act (CAA) for the 2015 ozone National Ambient Air Standards (NAAQS).
Full Text
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<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49252-49253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18989]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2020-0301; FRL-8907-02-R2]
Approval and Promulgation of Implementation Plans; New York;
Infrastructure Requirements for the 2015 Ozone National Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) submitted by the State of
New York to demonstrate that the State meets the requirements of
certain sections of the Clean Air Act (CAA) for the 2015 ozone National
Ambient Air Standards (NAAQS).
DATES: This final rule is effective on October 4, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2020-0301. All documents in the docket are
listed on the <a href="http://www.regulations.gov">http://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3764, or by email at <a href="/cdn-cgi/l/email-protection#99d5f0f7f2e0b7dcfdeef8ebfdd9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="f1bd989f9a88dfb49586908395b1948190df969e87">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
Section 110(a) of the CAA requires each state adopt and submit for
approval into the SIP a plan for the implementation, maintenance and
enforcement of each NAAQS promulgated by EPA. On July 1, 2021 (86 FR
35034), the EPA published a Notice of Proposed Rulemaking that proposed
to approve elements of the SIP submission from the State of New York,
submitted to EPA on September 25, 2018 and July 10, 2019, as
demonstrating that the State had the necessary authority and resources
to implement the infrastructure requirements of the 2015 ozone NAAQS.
As explained in the proposal, the EPA is not addressing section
110(a)(2)(I) in this action, as Part D plans for nonattainment areas
are subject to a different submission schedule than infrastructure
SIPs, and the EPA will take action on Part D plans when submitted
through a separate process. As also explained in the proposal, the EPA
is not addressing the visibility portion of 110(a)(2)(J), as there are
no new visibility protection obligations under the 2015 Ozone NAAQS.
Additionally, as explained in the proposal, the EPA will act on section
110(a)(2)(D)(i)(I) (commonly referred to as prongs 1 and 2) in a
separate notice at a later date.
II. What comments were received in response to the EPA's proposed
action?
EPA did not receive any comments on the proposed approval of New
York's 2015 Infrastructure Plan revisions published July 1, 2021 (86 FR
35034).
III. What action is the EPA taking?
The EPA is approving New York's September 25, 2018 and July 10,
2019, SIP revisions as meeting the requirements of section 110(a)(1)
and (2) infrastructure requirements of the CAA for the 2015 ozone
NAAQS, with the exception of CAA section 110(a)(2)(D)(i)(I) (prongs 1
and 2).
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other
[[Page 49253]]
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 1, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone,
Reporting and recordkeeping requirements, Volatile Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 27, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. In Sec. 52.1670, the table in paragraph (e) is amended by adding
entries for ``Section 110(a)(2)
Infrastructure Requirements for the 2015 ozone NAAQS'' and
``Section 110(a)(2)(G)
Infrastructure Requirements for the 2015 ozone NAAQS'' at the end
of the table to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New York Nonregulatory and QuasI-Regulatory Provision
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Applicable
Action/SIP element geographic or New York EPA approval date Explanation
nonattainment area submittal date
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* * * * * * *
Section 110(a)(2) Infrastructure Statewide.......... 09/25/2018 9/2/2021, [insert Full approval. This
Requirements for the 2015 Ozone Federal Register action addresses
NAAQS. citation]. the following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(H), (J), (K),
(L), (M).
Section 110(a)(2)(G) Statewide.......... 07/10/2019 9/2/2021, [insert Full approval.
Infrastructure Requirements for Federal Register
the 2015 Ozone NAAQS. citation].
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[FR Doc. 2021-18989 Filed 9-1-21; 8:45 am]
BILLING CODE 6560-50-P
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