Rule2023-28343
Approval and Promulgation of Implementation Plans; New York; Emission Statement Program
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
December 28, 2023
Effective
January 29, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submitted by the New York State Department of Environmental Conservation (NYSDEC) for purposes of enhancing an existing emission statement program for stationary sources in New York State. The SIP revision consists of amendments to regulations in New York's Codes, Rules and Regulations (NYCRR) applicable to the emission statements. These provisions establish electronic reporting requirements for annual emission statements filed by facilities subject to Title V operating permits of the Act beginning in 2022 (for calendar year 2021 emission reporting). The Emission Statement rule also improves the EPA's and the public access to facility-specific emission related data. This action is being taken in accordance with the requirements of the Clean Air Act (Act or CAA).
Full Text
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<title>Federal Register, Volume 88 Issue 248 (Thursday, December 28, 2023)</title>
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[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89593-89595]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28343]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2023-0175; FRL-11053-02-R2]
Approval and Promulgation of Implementation Plans; New York;
Emission Statement Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) submitted by the New York State Department of
Environmental Conservation (NYSDEC) for purposes of enhancing an
existing emission statement program for stationary sources in New York
State. The SIP revision consists of amendments to regulations in New
York's Codes, Rules and Regulations (NYCRR) applicable to the emission
statements. These provisions establish electronic reporting
requirements for annual emission statements filed by facilities subject
to Title V operating permits of the Act beginning in 2022 (for calendar
year 2021 emission reporting). The Emission Statement rule also
improves the EPA's and the public access to facility-specific emission
related data. This action is being taken in accordance with the
requirements of the Clean Air Act (Act or CAA).
DATES: This final rule is effective on January 29, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2023-0175. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g., Controlled
Unclassified Information (CUI) (formally referred to as 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="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, telephone number (212) 637-3382, or by email at
<a href="/cdn-cgi/l/email-protection#93f1f2fdfcfdbdeae0f2f1f6ffd3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="0d6f6c63626323747e6c6f68614d687d6c236a627b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Public Comments and EPA's Response
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On October 4, 2023 (88 FR 68529), the EPA published a Notice of
Proposed Rulemaking that proposed to approve a State Implementation
Plan (SIP) revision submitted by the NYSDEC on March 21, 2022, for
purposes of enhancing an existing Emission Statement program for
stationary sources in New York, with a state effective date of December
18, 2020.
The SIP revision was submitted by NYSDEC to satisfy the ozone
nonattainment provision of the Act and allows NYSDEC to more
effectively plan for and attain the national ambient air quality
standards (NAAQS). The purpose of 6 NYCRR Subpart 202-2, ``Emission
Statements,'' is to establish the requirements for annual emission
statements filed by facilities subject to Title V operating permits
under the Act. These requirements are set forth in EPA's Air Emission
Report Requirements rule (AERR). See 40 CFR 51 Subpart A. The SIP
revision establishes electronic reporting requirements for annual
emission statements filed by facilities subject to Title V operating
permits of the Act beginning in 2022 (for calendar year 2021 emission
reporting).
The specific details of NYSDEC's SIP submittal and the rationale
for the EPA's approval action are explained in the EPA's proposed
rulemaking and are not restated in this final action. For this detailed
information, the reader is referred to the EPA's October 4, 2023,
proposed rulemaking. See 88 FR 68529.
II. Public Comments and EPA Responses
In response to the EPA's October 4, 2023, proposed rulemaking on
NYSDEC's SIP revision, the EPA received three supportive comments
during the 30-day public comment period. The specific comments may be
viewed under Docket ID Number EPA-R02-OAR-2023-0175 on the <a href="https://regulations.gov">https://regulations.gov</a> website.
Comment 1
One commenter indicated that by enacting policies such as this, the
NYSDEC can better regulate the major sources of air pollution and
therefore move us toward achieving the NAAQS. Implementing an
electronic submission system for major polluters will impose more
responsibility on them to meet these emission requirements, especially
if these companies are fined for not doing so. Additionally, the
commenter suggested that this annual record be made available to the
public.
Response 1
The EPA acknowledges the commenter's support of the EPA's proposed
rule. Title 6 NYCRR, Chapter III, Part 202, Subpart 202-2.4(j)
indicates that the facilities may be subject to enforcement actions,
including monetary fines for incomplete and inaccurate emission
statements. The commenter can review it at the EPA Docket ID number
EPA-R02-OAR-2023-0175. The EPA also recognizes the commenter's request
for the EPA to make the records publicly available. The public can
access the annual emission records on NYSDEC's website <a href="http://www.dec.ny.gov/chemical/125566.html#point">www.dec.ny.gov/chemical/125566.html#point</a>.
Comment 2 & 3
Two additional public comments were received, which were supportive
of the EPA's proposed approval of NYSDEC's SIP revisions. The
commenters indicated that the revisions to the SIP improve air quality.
Response 2 & 3
The EPA acknowledges the commenters' support of the EPA's proposed
rule.
III. Final Action
The EPA is approving a SIP revision submitted by NYSDEC on March
21, 2022, for purposes of enhancing an existing Emission Statement
program for stationary sources in New York. The SIP revision consists
of amendments to Title 6 NYCRR, Chapter III, part 202, subpart 202-2,
``Emission Statements,'' with a state effective date of December 18,
2020.
Based on the EPA's review, the Emission Statement rule contains the
necessary applicability, compliance, enforcement, and reporting
requirements for an approvable emission statement program.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
6 NYCRR Part 202, Subpart 202-2,
[[Page 89594]]
``Emission Statements,'' regulation described in the amendments to 40
CFR part 52 as discussed in Section I. of this preamble. The EPA has
made, and will continue to make, these materials generally available
through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 2 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the State
Implementation Plan, have been incorporated by reference by the EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of the
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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 it 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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The NYSDEC did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the Stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
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 26, 2024. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, and Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, 40 CFR part 52 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, in the table in paragraph (c), revise the entry
for ``Title 6, Part 202, Subpart 202-2'' to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
[[Page 89595]]
EPA-Approved New York State Regulations and Laws
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State EPA approval
State citation Title/subject effective date date Comments
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* * * * * * *
Title 6, Part 202, Subpart 202-2.. Emission Statements.. 12/18/2020 12/28/2023 <bullet> EPA approval
finalized at [insert
Federal Register
citation].
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[FR Doc. 2023-28343 Filed 12-27-23; 8:45 am]
BILLING CODE 6560-50-P
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