[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Rules and Regulations]
[Pages 31045-31046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12465]



40 CFR Part 52

[Docket No. EPA-R02-OAR-2014-0182; FRL-9911-56-Region 2]

Approval and Promulgation of Implementation Plans; Carbon 
Monoxide Maintenance Plan, Conformity Budgets, Emissions Inventories; 
State of New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the New York State 
Department of Environmental Conservation. This revision establishes an 
updated ten-year carbon monoxide (CO) maintenance plan for the New York 
portion of the New York-Northern New Jersey-Long Island (NYCMA) CO area 
which includes the following seven counties: Bronx, Kings, Nassau, New 
York, Queens, Richmond and Westchester. In addition, EPA is approving a 
revision to the CO motor vehicle emissions budgets for New York and 
revisions to the 2007 Attainment/Base Year emissions inventory.
    The New York portion of the NYCMA CO area was redesignated to 
attainment of the CO National Ambient Air Quality Standard (NAAQS) on 
April 19, 2002 and maintenance plans were also approved at that time. 
By this action, EPA is approving the second maintenance plan for this 
area because it provides for continued attainment for an additional ten 
years of the CO NAAQS. The intended effect of this rulemaking is to 
approve a SIP revision that will insure continued maintenance of the CO 

DATES: Effective Date: This rule is effective on June 30, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R02-OAR-2014-0182. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
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 either electronically through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Programs Branch, Environmental Protection 
Agency, Region II, 290 Broadway, New York, New York 10007-1866. This 
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The Docket telephone number is 212-

FOR FURTHER INFORMATION CONTACT: If you have questions concerning 
today's final action, please contact Henry Feingersh, Air Programs 
Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New 
York, New York 10007-1866, telephone number (212) 637-3382, fax number 
(212) 637-3901, email [email protected].


I. What action is EPA taking?

    EPA is approving New York's SIP revision updating their existing 
ten-year carbon monoxide (CO) maintenance plan with another ten-year 
plan for the New York portion of the New York-Northern New Jersey-Long 
Island (NYCMA) CO area which includes the following seven counties: 
Bronx, Kings, Nassau, New York, Queens, Richmond and Westchester. The 
reader is referred to the March 25, 2014 (79 FR 16265) proposal for 
details on this rulemaking.

II. What comments did EPA receive on its proposal and what are EPA's 

    EPA received one comment that supports our proposed approval of the 
updated CO maintenance plan. EPA is approving the New York SIP revision 

III. What is EPA's final action?

    EPA is approving New York's SIP revision updating their existing 
ten-year CO maintenance plan for the New York portion of the New York-
Northern New Jersey-Long Island (NYCMA) CO area. EPA is also approving 
the 2007 CO base year emissions inventory and the CO motor vehicle 
emissions budgets all dated May 9, 2013.

IV. 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

[[Page 31046]]

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. 
    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 July 29, 2014. 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, Reporting and 
recordkeeping requirements.

    Dated: May 16, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
    Therefore, 40 CFR part 52 is amended as follows:


1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

2. In Sec.  52.1670, add a new entry at the end of the table in 
paragraph (e) to read as follows:

Sec.  52.1670  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
        Action/SIP element            geographic or        New York      EPA approval date       Explanation
                                    nonattainment area  submittal date
                                                  * * * * * * *
Approval of CO maintenance plan,   New York portion of        05/09/13  5/30/14 [insert      This is the 2nd 10-
 CO motor vehicle budgets, and      the New York-                        page number where    year CO
 2007 CO base year emissions        Northern New                         the document         maintenance plan
 inventory.                         Jersey-Long Island                   begins].             for the New York
                                    (NYCMA) CO area.                                          portion of the

3. In Sec.  52.1682, add paragraph (d) to read as follows:

Sec.  52.1682  Control strategy: Carbon monoxide.

* * * * *
    (d) Approval--The May 9, 2013 revision to the carbon monoxide (CO) 
maintenance plan for the New York portion of the New York-Northern New 
Jersey-Long Island, NYCMA, CO area. This revision contains a second 
ten-year maintenance plan that demonstrates continued attainment of the 
National Ambient Air Quality Standard for CO through the year 2022, 
2007 CO base year emissions inventory and CO motor vehicle emissions 
budgets through the maintenance period.

[FR Doc. 2014-12465 Filed 5-29-14; 8:45 am]