[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Rules and Regulations]
[Pages 57362-57367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26079]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2017-0425, FRL-9971-25-Region 2]
Approval of Air Quality Implementation Plans; New York; Cross-
State Air Pollution Rule; NOX Annual and SO2 Group 1 Trading Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving a revision to the New York State Implementation Plan (SIP)
addressing requirements of the Cross-State Air Pollution Rule (CSAPR).
Under the CSAPR, large electricity generating units in New York are
subject to Federal Implementation Plans (FIPs) requiring the units to
participate in CSAPR federal trading programs for annual emissions of
nitrogen oxides (NOX), ozone season emissions of
NOX, and annual emissions of sulfur dioxide
(SO2). This action conditionally approves into New York's
SIP the State's regulations that replace the default allowance
allocation provisions of the CSAPR federal trading programs for annual
NOX and SO2 emissions. EPA is conditionally
approving New York's regulations for annual NOX and
SO2 emissions because, while the submitted rules do not
fully conform to CSAPR, New York is in the process of making further
revisions to its rules and has provided a commitment to finalize and
submit them by December 29, 2017. Upon timely meeting of this
commitment, EPA will propose to convert the conditional approval of the
SIP revision to a full approval.
DATES: This rule is effective December 5, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
number EPA-R02-OAR-2017-0425. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information may not be publicly available, i.e., Confidential Business
Information 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 through
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3702, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA taking?
II. Background on CSAPR and CSAPR-Related SIP Revisions
III. What comments were received in response to EPA's proposed
action?
IV. What is EPA's conclusion?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is conditionally approving portions of New York's December 1,
[[Page 57363]]
2015 SIP submittal concerning CSAPR \1\ trading programs for annual
emissions of NOX and SO2.
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\1\ Federal Implementation Plans; Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and
52.39 and 40 CFR part 97).
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Large Electric Generating Units (EGUs) in New York are subject to
CSAPR FIPs that require the units to participate in the federal CSAPR
NOX Annual Trading Program and the federal CSAPR
SO2 Group 1 Trading Program. CSAPR provides a process for
the submission and approval of SIP revisions to replace certain
provisions of the CSAPR FIPs while the remaining FIP provisions
continue to apply. This type of CSAPR SIP is termed an abbreviated SIP.
EPA proposed to conditionally approve New York's submittal on August
29, 2017 (82 FR 40963).
The New York State Department of Environmental Conservation (DEC)
amended portions of Title 6 of the New York Codes, Rules and
Regulations (6 NYCRR) in order to incorporate CSAPR requirements into
the State's rules and allow the DEC to allocate CSAPR allowances to
regulated entities in New York. 6 NYCRR Part 244, ``CAIR NOX
Annual Trading Program,'' has been repealed and replaced in its
entirety with a new rule, 6 NYCRR Part 244, ``Transport Rule
NOX Annual Trading Program.'' 6 NYCRR Part 245, ``CAIR
SO2 Trading Program,'' has also been repealed and replaced
in its entirety with a new rule, 6 NYCRR Part 245, ``Transport Rule
SO2 Group 1 Trading Program.'' Attendant revisions were made
to 6 NYCRR Part 200, ``General Provisions,'' to update the list of
referenced materials that are cited in the amended New York
regulations. EPA is conditionally approving into the SIP the revised
versions of 6 NYCRR Parts 200, 244 and 245.
EPA is conditionally approving this SIP revision, as opposed to
fully approving it, because of several deficiencies that New York must
address. The conditional approval of portions of New York's SIP
submittal is conditioned on New York meeting the commitment,
articulated in its letters to EPA dated July 14, 2016, March 4, 2017,
and July 6, 2017, to make the necessary changes to 6 NYCRR Parts 200,
244, and 245 to meet the requirements of the Clean Air Act (CAA) and
EPA's regulations for approval of an abbreviated SIP revision to
replace EPA's default allocations of CSAPR emission allowances with
state-determined allocations. In a July 6, 2017 letter to EPA, the DEC
committed to submitting a SIP revision that addresses EPA identified
deficiencies by December 29, 2017.\2\ Once EPA determines that the DEC
has satisfied these conditions and EPA approves the revisions (after
EPA notice and comment), EPA shall remove the conditional approval and
this SIP revision will at that time receive full approval status. The
conditionally approved SIP submission will remain part of the SIP until
EPA takes further action. If New York fails to meet its commitment to
submit a revised SIP by December 29, 2017 [i.e., the date of commitment
from the state's July 6, 2017 letter], the conditional approval will
revert to a disapproval.
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\2\ The date supersedes the dates identified in the July 14,
2016, and March 24, 2017 letters.
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This action conditionally approves into New York's SIP state-
determined allowance allocation procedures for annual NOX
and SO2 allowances that would replace EPA's default
allocation procedures for the control periods in 2017 and beyond. The
conditional approval of this SIP revision does not alter any provision
of either the CSAPR NOX Annual Trading Program or the CSAPR
SO2 Group 1 Trading Program as applied to New York units
other than the allowance allocation provisions, and the FIP provisions
requiring those units to participate in the programs (as modified by
this SIP revision) remain in place.
New York also repealed 6 NYCRR Part 243, ``CAIR NOX
Ozone Season Trading Program,'' and replaced it in its entirety with a
new rule, 6 NYCRR Part 243, ``Transport Rule NOX Ozone
Season Trading Program,'' which was included in New York's December 1,
2015 SIP submittal. EPA is not acting at this time on the portion of
New York's SIP submittal addressing 6 NYCRR Part 243. Since New York's
December 1, 2015 submission, EPA has finalized the CSAPR Update rule
\3\ to address Eastern states' interstate air pollution mitigation
obligations with regard to the 2008 Ozone National Ambient Air Quality
Standard (NAAQS). Among other things, starting in 2017 the CSAPR Update
requires New York EGUs to participate in the new CSAPR NOX
Ozone Season Group 2 Trading Program instead of the earlier CSAPR
NOX Ozone Season Trading Program (now renamed the ``Group
1'' program) and replaces the ozone season budget for New York with a
lower budget developed to address the revised and more stringent 2008
Ozone NAAQS. In DEC's July 14, 2016 commitment letter to EPA, New York
indicated that the State would revise 6 NYCRR Part 243 to conform with
the final CSAPR Update. For this reason, EPA is acting at this time
only on 6 NYCRR Parts 200, 244 and 245.
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\3\ 81 FR 74504 (October 26, 2016).
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This conditional final rule is effective immediately upon
publication in the Federal Register. Section 553(d) of the
Administrative Procedure Act (5 U.S.C. 553(d)), which generally
provides that final rules may not take effect earlier than 30 days
after publication in the Federal Register but allows exceptions where
an agency finds good cause and publishes its finding with the rule,
applies to this action. Ordinarily, a 30-day transition period before a
new rule takes effect would give affected parties an opportunity to
adjust their behavior and prepare for compliance. However, in this
instance no transition period is necessary because this rule does not
impose new requirements. Under CSAPR's existing requirements, on March
1 of each year affected sources must hold quantities of emissions
allowances not less than their emissions during the prior year's
control period. The CSAPR regulations provide for default allocations
to affected sources of allowances eligible for use in meeting this
requirement. In this rule, in accordance with options CSAPR makes
available to States, EPA is conditionally approving into New York's SIP
the State's allocation rules to replace the default federally-
established allocations. The sooner this rule is effective, the sooner
allowances eligible for use for the 2017 control period can be issued
to affected sources in New York in the amounts determined under New
York's rules, which will assist the sources in planning to meet their
March 1, 2018, compliance requirement. EPA therefore finds good cause
to make this conditional final rule effective immediately upon
publication in the Federal Register.
II. Background on CSAPR and CSAPR-Related SIP Revisions
EPA issued CSAPR in July 2011 to address the requirements of CAA
section 110(a)(2)(D)(i)(I) concerning interstate transport of air
pollution. As amended (including the 2016 CSAPR Update), CSAPR requires
27 Eastern states to limit their statewide emissions of SO2
and/or NOX in order to mitigate transported air pollution
unlawfully impacting other states' ability to attain or maintain four
NAAQS: the 1997 annual PM2.5 NAAQS, the 2006 24-hour
PM2.5 NAAQS, the 1997 Ozone NAAQS, and the 2008 Ozone NAAQS.
The CSAPR emissions limitations are defined in terms of maximum
statewide ``budgets'' for emissions of annual SO2, annual
NOX, and/or ozone-season NOX
[[Page 57364]]
by each covered state's large EGUs. The CSAPR state budgets are
implemented in two phases of generally increasing stringency, with the
Phase 1 budgets applying to emissions in 2015 and 2016 and the Phase 2
(and CSAPR Update) budgets applying to emissions in 2017 and later
years. As a mechanism for achieving compliance with the emissions
limitations, CSAPR establishes five federal emissions trading programs:
A program for annual NOX emissions, two geographically
separate programs for annual SO2 emissions, and two
geographically separate programs for ozone-season NOX
emissions. CSAPR also establishes FIP requirements applicable to the
large EGUs in each covered state. The CSAPR FIP provisions require each
state's EGUs to participate in up to three of the five CSAPR trading
programs.
CSAPR includes provisions under which states may submit and EPA
will approve SIP revisions to modify or replace the CSAPR FIP
requirements while allowing states to continue to meet their transport-
related obligations using either CSAPR's federal emissions trading
programs or state emissions trading programs integrated with the
federal programs.\4\ Through such a SIP revision, a state may replace
EPA's default provisions for allocating emission allowances among the
state's units, employing any state-selected methodology to allocate or
auction the allowances, subject to timing criteria and limits on
overall allowance quantities. In the case of CSAPR's federal trading
programs for ozone-season NOX emissions (or integrated state
trading programs), a state may also expand trading program
applicability to include certain smaller EGUs.\5\ If a state wants to
replace CSAPR FIP requirements with SIP requirements under which the
state's units participate in a state trading program that is integrated
with and identical to the federal trading program even as to the
allocation and applicability provisions, the state may submit a SIP
revision for that purpose as well. However, no emissions budget
increases or other substantive changes to the trading program
provisions are allowed. A state whose units are subject to multiple
CSAPR FIPs and federal trading programs may submit SIP revisions to
modify or replace either some or all of those FIP requirements.
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\4\ See 40 CFR 52.38, 52.39. States also retain the ability to
submit SIP revisions to meet their transport-related obligations
using mechanisms other than the CSAPR federal trading programs or
integrated state trading programs.
\5\ States covered by both the CSAPR Update and the
NOX SIP Call have the additional option to expand
applicability under the CSAPR NOX Ozone Season Group 2
Trading Program to include non-EGUs that would have participated in
the former NOX Budget Trading Program.
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States can submit two basic forms of CSAPR-related SIP revisions
effective for emissions control periods in 2017 or later years.\6\
Specific criteria for approval of each form of SIP revision are set
forth in the CSAPR regulations. Under the first alternative--an
``abbreviated'' SIP revision--a state may submit a SIP revision that
upon approval replaces the default allowance allocation and/or
applicability provisions of a CSAPR federal trading program for the
state.\7\ Approval of an abbreviated SIP revision leaves the
corresponding CSAPR FIP and all other provisions of the relevant
federal trading program in place for the state's units.
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\6\ CSAPR also provides for a third, more streamlined form of
SIP revision that is effective only for control periods in 2016 and
is not relevant here. See Sec. 52.38(a)(3), (b)(3), (b)(7); Sec.
52.39(d), (g).
\7\ Sec. 52.38(a)(4), (b)(4), (b)(8); Sec. 52.39(e), (h).
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Under the second alternative--a ``full'' SIP revision--a state may
submit a SIP revision that upon approval replaces a CSAPR federal
trading program for the state with a state trading program integrated
with the federal trading program, so long as the state trading program
is substantively identical to the federal trading program or does not
substantively differ from the federal trading program except as
discussed above with regard to the allowance allocation and/or
applicability provisions.\8\ For purposes of a full SIP revision, a
state may either adopt state rules with complete trading program
language, incorporate the federal trading program language into its
state rules by reference (with appropriate conforming changes), or
employ a combination of these approaches.
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\8\ Sec. 52.38(a)(5), (b)(5), (b)(9); Sec. 52.39(f), (i).
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The CSAPR regulations identify several important consequences and
limitations associated with approval of a full SIP revision. First,
upon EPA's approval of a full SIP revision as correcting the deficiency
in the state's SIP that was the basis for a particular set of CSAPR FIP
requirements, the obligation to participate in the corresponding CSAPR
federal trading program is automatically eliminated for units subject
to the state's jurisdiction without the need for a separate EPA
withdrawal action, so long as EPA's approval of the SIP is full and
unconditional.\9\ Second, approval of a full SIP revision does not
terminate the obligation to participate in the corresponding CSAPR
federal trading program for any units located in any Indian country
within the borders of the state, and if and when a unit is located in
Indian country within a state's borders, EPA may modify the SIP
approval to exclude from the SIP, and include in the surviving CSAPR
FIP instead, certain trading program provisions that apply jointly to
units in the state and to units in Indian country within the state's
borders.\10\ Finally, if at the time a full SIP revision is approved
EPA has already started recording allocations of allowances for a given
control period to a state's units, the federal trading program
provisions authorizing EPA to complete the process of allocating and
recording allowances for that control period to those units will
continue to apply, unless EPA's approval of the SIP revision provides
otherwise.\11\
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\9\ Sec. 52.38(a)(6), (b)(10(i); Sec. 52.39(j).
\10\ Sec. 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi),
(b)(9)(vi)-(vii), (b)(10)(i); Sec. 52.39(f)(4)-(5), (i)(4)-(5),
(j).
\11\ Sec. 52.38(a)(7), (b)(11)(i); Sec. 52.39(k).
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On December 1, 2015, New York submitted to EPA an abbreviated SIP
revision that, if approved, would replace the default allowance
allocation provisions of the CSAPR SO2 Group 1, CSAPR
NOX Annual, and CSAPR NOX Ozone Season Trading
Programs for the state's EGUs for the control periods in 2017 and
beyond with provisions establishing state-determined allocations for
those control periods but would leave the corresponding CSAPR FIPs and
all other provisions of the trading programs in place.
The SIP submittal includes the following adopted state rules: 6
NYCRR Part 243, ``Transport Rule NOX Ozone Season Trading
Program,'' 6 NYCRR Part 244, ``Transport Rule NOX Annual
Trading Program,'' and 6 NYCRR Part 245, ``Transport Rule
SO2 Trading Program.'' Previous versions of the rules
developed for state participation in the Clean Air Interstate Rule \12\
(CAIR), i.e., 6 NYCRR Part 243, ``CAIR NOX Ozone Season
Trading Program,'' 6 NYCRR Part 244, ``CAIR NOX Annual
Trading Program,'' and 6 NYCRR Part 245, ``CAIR SO2 Trading
Program,'' have been repealed and replaced in their entirety with the
new rules. Attendant revisions were made to 6 NYCRR Part 200, ``General
Provisions,'' to update the list of referenced material that are cited
in the amended New York regulations. The regulations were adopted on
November 10, 2015, and effective on December 12, 2015.
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\12\ 70 FR 25162 (May 12, 2005).
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As discussed in section I, EPA is not acting at this time on the
portion of New York's SIP submittal addressing 6
[[Page 57365]]
NYCRR Part 243, which will be addressed in another rulemaking at a
later date. In this rulemaking, EPA is addressing NYCRR Parts 244, 245,
and 200.
In a notice of proposed rulemaking (NPRM) published on August 29,
2017 (82 FR 40963), EPA proposed to conditionally approve the portion
of New York's submittal designed to replace the federal CSAPR
SO2 Group 1, and CSAPR NOX Annual Trading
Programs. The NPRM provides additional detail regarding the background
and rationale for EPA's conditional approval.
III. What comments were received in response to EPA's proposed action?
Comments on the NPRM were due on September 28, 2017. EPA received
no comments on the proposed action.
IV. What is EPA's conclusion?
The EPA is conditionally approving the New York SIP revision
submitted on December 1, 2015 concerning allocations to New York units
of CSAPR NOX Annual allowances and CSAPR SO2
Group 1 allowances for the control periods in 2017 and 2018, and future
control periods beyond 2018. This rule conditionally approves into the
New York SIP amendments to 6 NYCRR Parts 244 and 245 that incorporate
CSAPR requirements into the State rules, and allows the DEC to allocate
CSAPR allowances to regulated entities in New York. EPA is also
conditionally approving the attendant revisions to 6 NYCRR Part 200 to
update the list of referenced materials cited in the amended New York
regulations.
The conditional approval of Parts 200, 244, and 245 is based upon
DEC's commitment to make the necessary changes, identified in the July
14, 2016, March 4, 2017, and July 6, 2017 commitment letters, to New
York's 6 NYCRR Part 244, ``Transport Rule NOX Annual Trading
Program,'' Part 245, ``Transport Rule SO2 Group 1 Trading
Program,'' and Part 200, ``General Provisions.'' See section IV B. of
the NPRM published on August 29, 2017 (82 FR 40967) concerning EPA's
analysis of New York's budget, allowance allocation methodology, timing
of submission of allocations, replaceable provisions of a CSAPR federal
trading program under an abbreviated SIP, applicability determinations,
and other substantive changes to the CSAPR federal trading program
regulations.
Following the conditional approval of Part 200, Part 244, and Part
245, allocations of CSAPR NOX Annual allowances and CSAPR
SO2 Group 1 allowances will be made according to the
provisions of New York's SIP (as modified by the DEC's July 14, 2016,
March 24, 2017, and July 6, 2017 commitment letters to EPA) instead of
40 CFR 97.411(a), 97.411(b)(1), 97.412(a), 97.611(a), 97.611(b)(1), and
97.612(a). EPA's action on this SIP revision does not alter any
provisions of the federal CSAPR NOX Annual Trading Program
and the federal CSAPR SO2 Group 1 Trading Program as applied
to New York units other than the allowance allocation provisions, and
the FIPs requiring the units to participate in the programs (as
modified by this SIP revision) remain in place. EPA is finalizing the
conditional approval of Part 200, Part 244 and Part 245 because New
York's rules (when modified by the DEC as indicated in its July 14,
2016, March 24, 2017, and July 6, 2017 commitment letters to EPA) will
meet the requirements of the CAA and EPA's regulations for an
abbreviated SIP revision and will replace EPA's default allocations of
CSAPR emission allowances with state-determined allocations, as
discussed in section IV.B of the NPRM.
Under CAA section 110(k)(4), the EPA may approve a SIP revision
based on a commitment by a state to adopt specific enforceable measures
by a date certain, but not later than one year after the date of final
conditional approval. If the state fails to meet its commitment to
submit a revised SIP by December 29, 2017 [i.e., the date of commitment
from the state's July 6, 2017 letter], or if the EPA finds the state's
revisions to be incomplete, or the EPA disapproves the state's
revisions, the conditional approval will, by operation of law, become a
disapproval. EPA would notify the state by letter that such action has
occurred. At that time, the SIP revisions in question would not be part
of the approved SIP. If that were to occur, EPA would subsequently
publish a document in the Federal Register notifying the public that
the conditional approval automatically converts to a disapproval.\13\
If, however, the state meets its commitment within the applicable
timeframe, EPA would subsequently publish in the Federal Register a
document notifying the public that EPA intends to convert the
conditional approval to a full approval.
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\13\ In the event the conditional approval automatically reverts
to a disapproval, the validity of allocations made pursuant to the
SIP revision before the date of such reversion would not be
affected.
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Because a FIP already in place satisfies New York's obligations to
mitigate interstate transport air pollution, should a disapproval
become finalized as noted above, the EPA will not be required to take
further action. Additionally, since the SIP submission is not required
in response to a SIP call under CAA section 110(k)(5), mandatory
sanctions under CAA section 179 would not apply because the
deficiencies are not with respect to a submission that is required
under CAA title I part D.
V. Incorporation by Reference
In this rule, with our conditional approval, EPA is finalizing
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is finalizing, with our
conditional approval, the incorporation by reference revisions to 6
NYCRR Parts 200, entitled ``General Provisions'', adopted November 10,
2015, 6 NYCRR Part 244, entitled ``Transport Rule NOX Annual
Trading Program'', adopted November 10, 2015, and NYCRR Part 245,
entitled ``Transport Rule SO2 Group 1 Trading Program,
adopted November 10, 2015. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov, and/or
at the EPA Region 2 Office (please contact the person identified in the
For Further Information Contact section of this preamble for more
information). Therefore, these materials have been conditionally
approved by EPA for inclusion in the SIP, have been incorporated by EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference by the Director
of the Federal Register in the next update of the SIP compilation.\14\
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\14\ 62 FR 27968 (May 22, 1997)
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VI. 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 CAA 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 Orders 12866 (58
FR 51735,
[[Page 57366]]
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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, 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 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 February 5, 2018. 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, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen Dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 20, 2017.
Peter D. Lopez,
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 A--General Provisions
Sec. 52.38 [Amended]
0
2. In Sec. 52.38, paragraph (a)(8)(ii) is amended by removing ``Kansas
and Missouri'' and adding in its place ``Kansas, Missouri, and New
York''.
Sec. 52.39 [Amended]
0
3. In Sec. 52.39, paragraph (l)(2) is amended by adding ``and New
York'' after ``Missouri''.
Subpart HH--New York
0
4. In Sec. 52.1670, paragraph (c) is amended by revising the table
entries ``Title 6, Part 200, Subpart 200.9'', ``Title 6, Part 244'',
and ``Title 6, Part 245'' to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
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State
State citation Title/subject effective EPA approval Comments
date date
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* * * * * * *
Title 6, Part 200, Subpart General 12/17/15 12/5/17 EPA is approving
200.9. Provisions, reference documents that are
Referenced not Federally enforceable.
Material. EPA approval finalized
at [insert Federal Register
citation].
Conditional Approval.
* * * * * * *
Title 6, Part 244............ Transport Rule 12/17/15 12/5/17 EPA approval finalized
NOX Annual at [insert Federal Register
Trading citation].
Program. Conditional Approval.
[[Page 57367]]
Title 6, Part 245............ Transport Rule 12/17/15 12/5/17 EPA approval finalized
SO2 Group 1 at [insert Federal Register
Trading citation].
Program. Conditional Approval.
* * * * * * *
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[FR Doc. 2017-26079 Filed 12-4-17; 8:45 am]
BILLING CODE 6560-50-P