Rule2026-18324
Air Plan Approval; New York; Interstate Transport Requirements for the 2010 SO2 NAAQS
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 9, 2026
Effective
October 9, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is approving a State Implementation Plan (SIP) submitted by the State of New York for purpose of demonstrating that the State satisfies the interstate transport requirements, also known as the "good neighbor" provision of the Clean Air Act (CAA), for the 2010 1-hour sulfur dioxide (SO<INF>2</INF>) primary National Ambient Air Quality Standard (NAAQS). Under the good neighbor provision, each State's implementation plan must contain adequate provisions prohibiting the interstate transport of air pollution in amounts that will either contribute significantly to nonattainment, or interfere with maintenance, of the NAAQS in any other State. This action is being taken in accordance with the requirements of the Clean Air Act.
Full Text
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<title>Federal Register, Volume 91 Issue 173 (Wednesday, September 9, 2026)</title>
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[Federal Register Volume 91, Number 173 (Wednesday, September 9, 2026)]
[Rules and Regulations]
[Pages 57260-57262]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18324]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2025-1047; FRL-13227-02-R2]
Air Plan Approval; New York; Interstate Transport Requirements
for the 2010 SO2 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
approving a State Implementation Plan (SIP) submitted by the State of
New York for purpose of demonstrating that the State satisfies the
interstate transport requirements, also known as the ``good neighbor''
provision of the Clean Air Act (CAA), for the 2010 1-hour sulfur
dioxide (SO<INF>2</INF>) primary National Ambient Air Quality Standard
(NAAQS). Under the good neighbor provision, each State's implementation
plan must contain adequate provisions prohibiting the interstate
transport of air pollution in amounts that will either contribute
significantly to nonattainment, or interfere with maintenance, of the
NAAQS in any other State. This action is being taken in accordance with
the requirements of the Clean Air Act.
DATES: This final rule is effective on October 9, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2025-1047. 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.,
Confidential Business Information (CBI), Proprietary Business
Information (PBI), 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: Stephanie Lin, Environmental
Protection Agency, Air Programs Branch, Region 2, 290 Broadway, New
York, New York 10007-1866, telephone number: (212) 637-3711, email
address: <a href="/cdn-cgi/l/email-protection#6c200502423f18091c040d0205092c091c0d420b031a"><span class="__cf_email__" data-cfemail="1f537671314c6b7a6f777e71767a5f7a6f7e31787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this final rule, the use of
``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We use
multiple abbreviations and terms in this final rule. While this list
may not be exhaustive, for ease of reading and for reference purposes,
the EPA defines the following terms and acronyms here: CAA, Clean Air
Act; CBI, Confidential Business Information; CFR, Code of Federal
Regulations; EPA, Environmental Protection Agency; FR, Federal
Register; GHG, Greenhouse Gas; NAAQS, National Ambient Air Quality
Standards; SIP, State Implementation Plan.
Table of Contents
I. Executive Summary
A. What action is the EPA taking?
B. What is the legal authority and what are the requirements?
II. Background
III. Summary of New York's Submittal
IV. The EPA's Evaluation of New York's Submittal
V. Comments the EPA Received on Its Proposed Action
VI. Statutory and Executive Order Reviews
I. Executive Summary
A. What action is the EPA taking?
The EPA is approving the Prong 1 and Prong 2 portions of the
infrastructure SIP submission submitted by the State of New York on
October 3, 2013, addressing interstate transport for the 2010 1-hour
SO<INF>2</INF> NAAQS. The EPA determines that emissions from New York
will not contribute significantly to nonattainment in, or interfere
with maintenance of, any other State with respect to the 2010
SO<INF>2</INF> NAAQS.
B. What is the legal authority and what are the requirements?
The EPA finds that New York's SIP contains adequate provisions
addressing the requirements of CAA section 110(a)(1) and (2), including
CAA section 110(a)(2)(D)(i)(I), for the 2010 SO<INF>2</INF> NAAQS.
II. Background
On April 10, 2026 (91 FR 18341), the EPA published a notice of
proposed rulemaking that proposed to approve a State Implementation
Plan (SIP) revision submitted by the State of New York on October 3,
2013, for purposes of addressing the requirements of CAA section
110(a)(1) and (2), including CAA section 110(a)(2)(D)(i)(I) for the
2010 SO<INF>2</INF> NAAQS. New York stated in its SIP submittal that
the State has no nonattainment areas for SO<INF>2</INF>, which was
corroborated by the air quality modeling and monitoring information
available at the time of submittal.\1\ New York also affirmed that it
would continue to
[[Page 57261]]
enforce all SIP measures and nonattainment new source review (NNSR)
requirements of new or modified stationary sources in order to mitigate
the interstate transport of SO<INF>2</INF>.
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\1\ As discussed in the proposal to this action (91 FR 18341), a
portion of the St. Lawrence County is now a NAA for the 2010
SO<INF>2</INF> NAAQS.
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III. Summary of New York's Submittal
The specific details of New York's SIP submittal are not restated
in this final action. For this detailed information, the reader is
referred to the EPA's April 10, 2026, proposed rulemaking.\2\
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\2\ 91 FR 18341 (April 10, 2026).
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IV. The EPA's Evaluation of New York's Submittal
The rationale for the EPA's approval action is explained in the
EPA's proposed rulemaking and is not restated in this final action. For
this detailed information, the reader is referred to the EPA's April
10, 2026, proposed rulemaking.\3\
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\3\ 91 FR 18341 (April 10, 2026).
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V. Comments the EPA Received on Its Proposed Action
The EPA provided a 30-day review and comment period for the April
10, 2026, proposed rule. The comment period ended on May 11, 2026.
During the 30-day public comment period, the EPA received two comments
in response to the Agency's April 10, 2026, proposed rulemaking on New
York's SIP revision submittal. After reviewing the comments, the EPA
has determined that the comments are outside the scope of our proposed
action or fail to identify any material issue necessitating a response.
More specifically, these comments did not raise issues relevant to the
EPA's proposed action, and, therefore, the Agency is not required to
provide a specific response to this/these comments. Therefore, we are
finalizing our action as proposed. The specific comments may be viewed
under Docket ID Number EPA-R02-OAR-2025-1047 on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations.\4\ Thus, in reviewing SIP submissions, the 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:
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\4\ 42 U.S.C. 7410(k); 40 CFR 52.02(a).
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<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant under
Executive Order 12866;
<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 CAA.
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 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). Under CAA section 307(b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by November
9, 2026. 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, Intergovernmental relations, Sulfur dioxide, Transport,
Reporting and recordkeeping requirements.
Michael Martucci,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, EPA amends 40 CFR part
52 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 an
entry for ``Section 110(a)(2) Infrastructure Requirements for the 2010
SO<INF>2</INF> Primary NAAQS'' at the end of the table to read as
follows.
Sec. 52.1670 Identification of Plan.
* * * * *
(e) * * *
[[Page 57262]]
EPA-Approved New York Nonregulatory and Quasi-Regulatory Provision
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New York
Action/SIP element Applicable geographic or submittal EPA approval date Explanation
nonattainment area date
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* * * * * * *
Section 110(a)(2) infrastructure State-wide.............. 10/03/2013 9/9/2026, 91 FR <bullet> This
requirements for the 2010 1- [insert Federal action addresses
hour SO2 Primary NAAQS. Register page the following
where the document elements: CAA
begins]. section
110(a)(2)(D)(i)(I
) prong 1 and 2.
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0
3. Amend Sec. 52.1675 by adding paragraph (f) to read as follows:
Sec. 52.1675 Control strategy and regulations: Sulfur oxides.
* * * * *
(f) The portion of the SIP revision submitted on October 3, 2013,
addressing Clean Air Act section 110(a)(2)(D)(i)(I) (prongs 1 and 2)
for the 2010 SO<INF>2</INF> Primary NAAQS is approved.
[FR Doc. 2026-18324 Filed 9-8-26; 8:45 am]
BILLING CODE 6560-50-P
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