[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]
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ENVIRONMENTAL PROTECTION AGENCY
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.
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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
NAAQS.
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-
637-4249.
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].
SUPPLEMENTARY INFORMATION:
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
responses?
EPA received one comment that supports our proposed approval of the
updated CO maintenance plan. EPA is approving the New York SIP revision
request.
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.
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 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:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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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
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Applicable
Action/SIP element geographic or New York EPA approval date Explanation
nonattainment area submittal date
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* * * * * * *
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
NYCMA.
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0
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]
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