[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37122-37124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14626]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2013-0274; FRL-9825-1]


Approval and Promulgation of Implementation Plans; New York; 
Infrastructure SIP for the 1997 8-Hour Ozone and the 1997 and 2006 Fine 
Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving certain 
elements of New York's State Implementation Plan (SIP) revisions 
submitted to demonstrate that the State meets the requirements of 
section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 1997 8-
hour ozone and the 1997 and 2006 fine particulate matter 
(PM2.5) National Ambient Air Quality Standards (NAAQS). 
Section 110(a) of the CAA requires that each state adopt and submit a 
SIP for the implementation, maintenance and enforcement of each NAAQS 
promulgated by the EPA and is commonly referred to as an infrastructure 
SIP.

DATES: Effective Date: This rule is effective on July 22, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2013-0274. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., 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 either electronically through 
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th 
Floor, New York, New York 10007-1866. The Air Programs Branch dockets 
are available from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The Air Programs Branch telephone number is 
212-637-4249.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-4249, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    Under CAA section 110(a)(1), states are required to submit plans 
called state implementation plans (SIPs) that provide for the 
implementation, maintenance and enforcement of each NAAQS and are 
referred to as infrastructure SIPs. 42 U.S.C. 7410(a)(1). On July 18, 
1997, EPA promulgated new and revised NAAQS for 8-hour ozone (62 FR 
38856) and PM2.5 (62 FR 38652). EPA strengthened the 24-hour 
PM2.5 NAAQS on October 17, 2006 (71 FR 61144). The 14 
elements required to be addressed in infrastructure SIPs are as 
follows: (1) Emission limits and other control measures; (2) ambient 
air quality monitoring/data system; (3) program for enforcement of 
control measures; (4) interstate transport; (5) adequate resources; (6) 
stationary source monitoring system; (7) emergency power; (8) future 
SIP revisions; (9) consultation with government officials; (10) public 
notification; (11) prevention of significant deterioration (PSD) and 
visibility protection; (12) air quality modeling/data; (13) permitting 
fees; and (14) consultation/participation by affected local entities.
    EPA is acting on three New York SIP submittals, dated December 13, 
2007, October 2, 2008 and March 15, 2010, which address the section 110 
infrastructure requirements for the three NAAQS: The 1997 8-hour ozone 
NAAQS, the 1997 annual and 24-hour PM2.5 NAAQS, and the 2006 
24-hour PM2.5 NAAQS. This action does not address the 
requirements of section 110(a)(2)(D)(i) for the 1997 ozone and 1997 
PM2.5 NAAQS, since they were addressed in previous 
rulemakings. See January 24, 2008 (73 FR 4109). Additionally, this 
action does not address the requirements of section 110(a)(2)(D)(i)(I) 
for the 2006 PM2.5 NAAQS, which also was addressed in a 
previous EPA rulemaking. See July 20, 2011 (76 FR 43153). Two elements 
identified in section 110(a)(2) are not governed by the three year 
submission deadline of section 110(a)(1) because SIPs incorporating 
necessary local nonattainment area controls are not due within three 
years after promulgation of a new or revised NAAQS, but rather due at 
the time that the nonattainment area plan requirements are due pursuant 
to

[[Page 37123]]

section 172. See 77 FR 46352, 46354 (August 3, 2012) (footnote 3); 77 
FR 60307, 60308 (October 3, 2012) (footnote 1). These requirements are: 
(1) Submissions required by section 110(a)(2)(C) to the extent that 
subsection refers to a permit program as required in part D Title I of 
the CAA, and (2) submissions required by section 110(a)(2)(I) which 
pertain to the nonattainment planning requirements of part D, Title I 
of the CAA. As a result, this action does not address the above 
infrastructure elements related to section 110(a)(2)(C) or 
110(a)(2)(I).
    EPA proposed action on the three SIP revisions on April 30, 2013 
(78 FR 25236) and no comments were received on the proposal. The reader 
is referred to the April 30, 2013 proposed rulemaking for a detailed 
discussion of New York's submittals and EPA's review and proposed 
actions.
    In a letter dated May 23, 2013, New York made a supplemental 
submittal that addresses the following 110(a)(2) sub-elements: E(ii) 
(conflict of interest provisions) and E(iii) (delegations).

II. What action is EPA taking?

    EPA is approving New York's submittals as fully meeting the 
infrastructure requirements for the 1997 8-hour ozone and the 1997 and 
2006 PM2.5 NAAQS for the following section 110(a)(2) 
elements and sub-elements: (A), (B), (C), (D)(i)(II) prongs 3 and 4, 
(D)(ii), (E)(i), (F), (G), (H), (J), (K), (L), and (M). With this 
approval action, EPA's action on October 22, 2008 (73 FR 62902) for New 
York has been satisfied.
    New York made a supplemental submittal on May 23, 2013 which 
corrects the deficiencies, relevant to sub-elements E(ii) and E(iii), 
that were identified in the April 30, 2013 proposed rulemaking action. 
New York's supplemental submittal includes: New York Public Officer's 
Law (POL) section 73-a, ``Financial disclosure;'' Title 19 of the New 
York Codes of Rules and Regulations (19 NYCRR) Part 937, ``Access To 
Publicly Available Records;'' a list identifying entities that received 
delegated responsibilities for implementing and enforcing portions of 
the New York SIP; and, a copy of the ``delegation order.'' On April 30, 
2013, EPA proposed to conditionally approve New York's infrastructure 
SIP in fulfilling the requirements of section 110(a)(2)(E)(ii) and 
E(iii) for 1997 8-hour ozone and PM2.5 NAAQS, provided the 
State committed to submit: POL section 73-a and 19 NYCRR Part 937 for 
approval as part of the SIP; a list of the county or local governments 
or entities that have been delegated responsibilities to implement or 
enforce portions of the SIP; and, copies of the delegation orders or 
memoranda of understanding between the State and the county or local 
governments or entities. However, EPA also proposed in the April 30, 
2013 action, that in the alternative, should New York submit the 
required information before we take final rulemaking action, EPA will 
fully approve section 110(a)(2)(E)(ii) and E(iii). Therefore, since New 
York submitted the required information, EPA is approving New York's 
submittals for the 1997 8-hour ozone and 1997 and 2006 PM2.5 
NAAQS for the following 110(a)(2) sub-elements: E(ii) (state boards and 
conflict of interest provisions) and E(iii) (delegations). EPA is also 
approving POL section 73-a (2)(a)(i) and (ii) and 19 NYCRR Subpart 
937.1(a) into the New York SIP for the limited purpose of satisfying 
Clean Air Act Section 128(a)(2).

III. 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:
     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);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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
     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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 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 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 August 19, 2013. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping

[[Page 37124]]

requirements, Volatile organic compounds.

    Dated: June 5, 2013.
Judith A. Enck,
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. Section 52.1670 is amended by:
0
a. Adding a new heading for Title 19 and a new entry for ``Part 937, 
Access to Publicly Available Records'' to the table in paragraph (c) 
before the heading for ``Environmental Conservation Law;''
0
b. Adding a new heading for ``Public Officers Law'' and a new entry for 
``Section 73-a, Financial Disclosure'' to the table in paragraph (c) 
after the entry for ``Section 19-0325;'' and,
0
c. Adding a new entry at the end of the table in paragraph (e).
    The additions read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved New York State Regulations and Laws
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                                               State
        New York State regulation         effective date   Latest EPA approval date            Comments
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                                                  * * * * * * *
Title 19
    Part 937, ``Access To Publicly               8/27/12  6/20/13 [Insert FR page     Only subpart 937.1(a) is
     Available Records''.                                  citation].                  approved into the SIP and
                                                                                       is for the limited
                                                                                       purpose of satisfying
                                                                                       Clean Air Act Section
                                                                                       128(a)(2).
 
                                                  * * * * * * *
Public Officers Law
    Section 73-a, ``Financial                    8/15/11  6/20/13 [Insert FR page     Only subsections 73-a
     disclosure''.                                         citation].                  (2)(a)(i) and (ii) are
                                                                                       approved into the SIP and
                                                                                       are for the limited
                                                                                       purpose of satisfying
                                                                                       Clean Air Act Section
                                                                                       128(a)(2).
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* * * * *
    (e) * * *

                       EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
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                                      Applicable
       Action/SIP element            geographic or    New York submittal   EPA approval date      Explanation
                                  nonattainment area         date
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                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide.........  12/13/07, 10/2/08,  6/20/13 [Insert     This action
 Requirements for the 1997 8-                          3/15/10 and         page number where   addresses the
 hour ozone and the 1997 and                           supplemented on 5/  the document        following CAA
 2006 PM2.5 NAAQS.                                     23/13.              begins].            elements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(i)(II) prongs
                                                                                               3 and 4, (D)(ii),
                                                                                               (E), (F), (G),
                                                                                               (H), (J), (K),
                                                                                               (L), and (M).
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[FR Doc. 2013-14626 Filed 6-19-13; 8:45 am]
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