[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Rules and Regulations]
[Pages 30939-30941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13029]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2014-0683, FRL-9928-39-Region 2]


Approval and Promulgation of Implementation Plans; New York; 
Infrastructure SIP for the 2008 Lead NAAQS

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) revision 
submitted to demonstrate that the State meets the requirements of the 
Clean Air Act (CAA) for the 2008 National Ambient Air Quality Standard 
(NAAQS) for lead (Pb). 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: This rule is effective on July 1, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2014-0683. 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 2 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, Region 2, 290 Broadway, 25th Floor, 
New York, New York 10007-1866, (212) 637-4249, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. What is the background information?
II. What comments did EPA receive in response to its proposal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background information?

    On November 12, 2008, EPA promulgated a new, rolling 3 month 
average NAAQS for Pb, herein referred to as the 2008 Pb NAAQS. See 73 
FR 66964.\1\ The 2008 Pb NAAQS is 0.15 micrograms per cubic meter of 
air ([mu]g/m\3\) maximum (not-to-be-exceeded). In the same action EPA 
revised the secondary Pb NAAQS to be identical in all respects to the 
revised primary standard, i.e., 0.15 [mu]g/m\3\.
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    \1\ Final rule signed October 15, 2008. The 1978 lead standard 
(1.5 [mu]g/m\3\ as a quarterly average) remains in effect until one 
year after an area is designated for the 2008 standard, except that 
in areas designated nonattainment for the 1978 lead standard, the 
1978 standard remains in effect until implementation plans to attain 
or maintain the 2008 standard are approved.
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    Section 110(a)(1) provides the procedural and timing requirements 
for State Implementation Plans (SIPs). Section 110(a)(2) lists specific 
elements that states must meet for SIP requirements related to a newly 
established or revised NAAQS. Sections 110(a)(1) and (2) of the CAA 
require, in part, that states submit to EPA plans to implement, 
maintain and enforce each of the NAAQS promulgated by EPA. By statute, 
SIPs meeting the requirements of section 110(a)(1) and (2) are to be 
submitted by states within three years after promulgation of a new or 
revised standard. These SIPs are commonly called infrastructure SIPs. 
Based on the October 15, 2008 date of signature for the 2008 Pb NAAQS, 
infrastructure SIPs for the 2008 Pb NAAQS were due on October 15, 2011.
    EPA is acting on New York's SIP submittal dated October 13, 2011, 
as supplemented on February 24, 2012, which addresses the section 110 
infrastructure requirements for the 2008 Pb NAAQS. 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 CAA section 191. (See also CAA section 172 for general nonattainment 
plan requirements). 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 nonattainment area 
plan requirements related to section 110(a)(2)(C) or 110(a)(2)(I).

II. What comments did EPA receive in response to its proposal?

    On December 15, 2014 (79 FR 74046), EPA proposed to approve New 
York's SIP submittal addressing the section 110 infrastructure 
requirements for the 2008 Pb NAAQS. EPA received one adverse comment on 
the December 15, 2014 proposal. A synopsis of the adverse comment, as 
well as EPA's response is discussed below.
    Comment: EPA must disapprove element C with regard to Prevention of 
Significant Deterioration (PSD) unless New York has the 
PM2.5 increments approved into its PSD SIP. As you may know, 
EPA's position is the issue of PM2.5 increments is relevant 
even if this is a lead infrastructure SIP.
    Response: Element C requires that each infrastructure SIP contain a 
permitting program ``as required by part C.'' CAA title I part C is 
applicable to all pollutants subject to regulation under the CAA. See, 
e.g., CAA section 165(a)(4). After further review EPA agrees that 
Element C is not restricted to only those provisions of CAA title I 
part C that pertain to the particular new or revised NAAQS addressed by 
the particular infrastructure SIP action. Because the scope of CAA 
title I part C is comprehensive (covering all pollutants subject to 
regulation under the CAA, including GHG), the EPA likewise reads the 
unrestricted reference to CAA title I part C in Element C to mean that 
this provision has the same scope as CAA title I part C itself. Thus, a 
fully approved comprehensive PSD program addressing all regulated 
pollutants is needed in order to approve the infrastructure SIP for any 
one pollutant.
    NYSDEC has adopted and submitted to EPA for approval into its SIP, 
a PSD program that includes PM2.5 increments. However, the 
PM2.5 increments have not yet been approved by EPA. EPA will 
defer taking final action approving New York's infrastructure SIP 
submission with respect to the PSD program requirements in sections 
110(a)(2)(C), (D)(i)(II) prong 3, and (J) until EPA has approved, or 
simultaneously approves New York's adopted PSD program.

III. What action is EPA taking?

    EPA is approving New York's submittal as fully meeting the 
infrastructure requirements for the 2008

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primary Pb NAAQS for all section 110(a)(2) elements and sub-elements, 
as follows: (A), (B), (D)(i)(I) prongs 1 and 2, D(i)(II) prong 4, (E), 
(F), (G), (H), (K), (L), and (M). EPA is not finalizing action on 
110(a)(2) elements and sub-elements, as follows: (C), (D)(i)(II) prong 
3, and (J). EPA is not acting on New York's submittal as it relates to 
nonattainment provisions, the NSR program required by part D in section 
110(a)(2)(C) and the measures for attainment required by section 
110(a)(2)(I), as part of the infrastructure SIPs because the State's 
infrastructure SIP submittal does not include nonattainment 
requirements and EPA will act on them when, if necessary, they are 
submitted.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 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:
     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 CAA; 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where 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).
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 31, 2015. 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, Lead, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: May 8, 2015.
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 IMPLEMENTATON 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(e), the table titled ``EPA-Approved New York 
Nonregulatory and Quasi-Regulatory Provisions'' is amended by adding 
the entry ``Section 110(a)(2) Infrastructure Requirements for the 2008 
Primary Pb NAAQS'' at the end of table, 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
                                   geographic or         New York
       Action/SIP element          nonattainment      submittal date   EPA approval date        Explanation
                                        area
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                                                  * * * * * * *
Section 110(a)(2)                Statewide........  10/13/11, and      6/1/15,..........  This action addresses
 Infrastructure Requirements                         supplemented on   [Insert FR          the following CAA
 for the 2008 Primary Pb NAAQS.                      2/24/12.           citation].         elements:
                                                                                           110(a)(2)(A), (B),
                                                                                           (D)(i)(I) prongs 1
                                                                                           and 2, D(i)(II) prong
                                                                                           4, (E), (F), (G),
                                                                                           (H), (K), (L), and
                                                                                           (M).
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[FR Doc. 2015-13029 Filed 5-29-15; 8:45 am]
 BILLING CODE 6560-50-P