[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42589-42592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18115]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0414, FRL-9982-80--Region 2]


Approval of Air Quality Implementation Plans; New York; Fuel 
Composition and Use--Sulfur Limitations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the New York State Implementation Plan (SIP) concerning 
sulfur-in-fuel limits. The intended effect of this revision is to add a 
regulatory mechanism for meeting the existing obligations related to 
regional haze. The SIP revision consists of amendments to Title 6 of 
the New York Codes, Rules and Regulations and also removes obsolete 
provisions from the Code of Federal Regulations (CFR) relating to New 
York's sulfur-in-fuel regulation.

DATES: This final rule is effective on September 24, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2016-0414. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
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 electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3381, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. EPA's Evaluation of New York's Submittal
III. Comments Received in Response to EPA's Proposed Action
IV. Summary of EPA's Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    The EPA is approving New York's State Implementation Plan (SIP) 
submittal consisting of revisions to Title 6 of the New York Codes, 
Rules and Regulations (6 NYCRR) Section 200.1, ``Definitions,'' which 
adds a definition for waste oil. EPA is approving, with limitations, 
Subpart 225-1, ``Fuel Composition and Use--Sulfur Limitations,'' as 
contributing to attainment of the National Ambient Air Quality 
Standards (NAAQS) for particulate matter less than or equal to 2.5 
microns in diameter (PM2.5) and the NAAQS for sulfur dioxide 
(SO2), and establishing a revised regulatory mechanism for 
New York's regional haze SIP. The EPA's approval of New York's sulfur-
in-fuel regulation into the SIP does not alter the EPA's prior action 
on New York's Regional Haze SIP, which includes emission reductions 
related to the sulfur-in-fuel requirements of section 19-0325 of the 
Environmental Conservation Law (ECL). 77 FR 51915 (August 28, 2012). 
The EPA is approving these revisions, requested by New York, as 
strengthening the effectiveness of New York's SIP.
    Pursuant to 40 CFR part 51, the EPA also is removing a section from 
40 CFR 52.1675 which lists sulfur limitations for various facilities in 
New York. EPA has determined that these limitations have expired and/or 
refer to sources which have been shut down. That determination was 
reflected in EPA's reformatting exercise that ensured that all 
revisions to the New York State SIPs are accurately reflected in 40 CFR 
part 52, including 40 CFR 52.1670(d), ``EPA approved State source-
specific requirements.'' 76 FR 41705 (July 15, 2011). In addition, the 
sulfur-in-fuel rule proposed for approval here requires the use of 
lower sulfur fuel, with lower sulfur concentrations than the limits 
listed in 40 CFR 52.1675. The EPA is therefore removing the existing 
sulfur limitations in 40 CFR 52.1675 as they are superfluous and 
obsolete. The EPA is also revising 40 CFR 52.1675(e) to conform with 
the new nomenclature in New York's revised Subpart 225-1 that is being 
approved with this action.

[[Page 42590]]

II. EPA's Evaluation of New York's Submittal

    On June 12, 2013, New York State Department of Environmental 
Conservation (NYSDEC) submitted to the EPA the proposed revisions to 
Section 200.1 and Subpart 225-1 and supplemental materials, including 
documentation of the comment period and public hearings, and NYSDEC's 
responses to public comments. These materials are in the EPA's docket 
for this proposal. On June 26, 2018 (83 FR 29723) EPA proposed approval 
of New York's SIP revision consisting of amendments to Title 6 of the 
New York Codes, Rules and Regulations Subpart 225-1, ``Fuel Composition 
and Use--Sulfur Limitations'' and Section 200.1, ``Definitions.'' EPA 
also proposed to remove an obsolete provision from the Code of Federal 
Regulations (CFR) related to facility specific sulfur-in-fuel limits. A 
detailed discussion of the revised sulfur-in-fuel limits, exceptions, 
and variances and EPA's evaluation of the revisions to Subpart 225-1 
and to the CFR can be found in the June 26, 2018 proposal and will not 
be restated here.

III. Comments Received in Response to EPA's Proposed Action

    In response to EPA's June 26, 2018 proposed approval of the 
revisions to Section 200.1, Subpart 225-1 and the CFR, EPA received one 
comment from the public during the 30-day public comment period. After 
reviewing the comment, EPA has determined that the comment is outside 
the scope of our proposed action or fails to identify any material 
issue necessitating a response. The comment does not raise issues 
germane to the EPA's proposed action. For this reason, the EPA will not 
provide a specific response to the comment. The comment may be viewed 
under Docket ID Number EPA-R02-OAR-2016-0414 on the http://www.regulations.gov website.

IV. Summary of EPA's Final Action

    The EPA is approving the revisions to New York's Title 6 of the New 
York Codes, Rules and Regulations Section 200.1, ``Definitions,'' and 
Subpart 225-1, ``Fuel Composition and Use--Sulfur Limitations,'' both 
effective on April 5, 2013, into New York's SIP as strengthening 
enforcement of the State's air pollution control regulations. 
Exceptions or variances adopted by New York pursuant to the provisions 
of sections 225.1.3 and 225.1.4(b) are federally enforceable only if 
approved by the EPA as SIP revisions.
    In addition, EPA has determined that the provisions in New York's 
SIP at 40 CFR 52.1675(d), (f) and (g) have either expired or the 
affected sources have shut down and that the 52.1675 requirements are 
therefore superfluous and obsolete. The EPA is removing the provisions 
of 52.1675(d), (f) and (g) from the SIP. The EPA is also revising 40 
CFR 52.1675(e) to conform with the new nomenclature in New York's 
revised Subpart 225-1 that is being approved with this action.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the 
provisions described above in Section IV of this action. EPA has made, 
and will continue to make, these materials generally available through 
https://www.regulations.gov and 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 approved by EPA for inclusion in the State 
Implementation Plan, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the Clean Air Act as of the effective date of the final rulemaking 
of EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\
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    \1\ 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 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 Orders 12866 (58 
FR 51735, 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.

[[Page 42591]]

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 October 22, 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, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: August 8, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.

    40 CFR part 52 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. In Sec.  52.1670, the table in paragraph (c) is amended by revising 
two entries entitled ``Title 6, Part 200, Subpart 200.1'' and ``Title 
6, Part 225, Subpart 225-1'' to read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved New York State Regulations and Laws
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                                                              State       EPA approval
         State citation               Title/subject      effective date       date               Comments
----------------------------------------------------------------------------------------------------------------
Title 6, Part 200, Subpart 200.1  General Provisions,          4/5/2013       8/23/2018  The word odor is
                                   Definitions.                                           removed from the
                                                                                          Subpart 200.1(d)
                                                                                          definition of ``air
                                                                                          contaminant or air
                                                                                          pollutant.''
                                                                                         Redesignation of non-
                                                                                          attainment areas to
                                                                                          attainment areas
                                                                                          (200.1(av)) does not
                                                                                          relieve a source from
                                                                                          compliance with
                                                                                          previously applicable
                                                                                          requirements as per
                                                                                          letter of Nov. 13,
                                                                                          1981 from H. Hovey,
                                                                                          NYSDEC.
                                                                                         Changes in definitions
                                                                                          are acceptable to EPA
                                                                                          unless a previously
                                                                                          approved definition is
                                                                                          necessary for
                                                                                          implementation of an
                                                                                          existing SIP
                                                                                          regulation.
                                                                                         EPA is including the
                                                                                          definition of
                                                                                          ``federally
                                                                                          enforceable'' with the
                                                                                          understanding that (1)
                                                                                          the definition applies
                                                                                          to provisions of a
                                                                                          Title V permit that
                                                                                          are correctly
                                                                                          identified as
                                                                                          federally enforceable,
                                                                                          and (2) a source
                                                                                          accepts operating
                                                                                          limits and conditions
                                                                                          to lower its potential
                                                                                          to emit to become a
                                                                                          minor source, not to
                                                                                          ``avoid'' applicable
                                                                                          requirements.
                                                                                         EPA is approving
                                                                                          incorporation by
                                                                                          reference of those
                                                                                          documents that are not
                                                                                          already federally
                                                                                          enforceable.
                                                                                         EPA approval finalized
                                                                                          at [Insert Federal
                                                                                          Register citation].
 
                                                  * * * * * * *
Title 6, Part 225, Subpart 225-1  Fuel Composition and         4/5/2013       8/23/2018   Exceptions or
                                   Use-Sulfur                                             Variances adopted by
                                   Limitations.                                           the State pursuant to
                                                                                          Sec.  Sec.   225.1.3
                                                                                          and 1.4(b) become
                                                                                          applicable only if
                                                                                          approved by EPA as SIP
                                                                                          revisions (40 CFR
                                                                                          52.1675(e)).
                                                                                          EPA approval
                                                                                          finalized at [Insert
                                                                                          Federal Register
                                                                                          citation].
 
                                                  * * * * * * *
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* * * * *

0
3. Amend Sec.  52.1675 by:
0
a. Removing and reserving paragraph (d);
0
b. Revising paragraph (e); and
0
c. Removing paragraphs (f) and (g).

[[Page 42592]]

    The revisions read as follows:


Sec.  52.1675   Control strategy and regulations: Sulfur oxides.

* * * * *
    (d) [Reserved]
    (e) Any exception or variance promulgated by the Commissioner under 
6 NYCRR Sections 225-1.3 and 1.4(b) shall not exempt any person from 
the requirements otherwise imposed by 6 NYCRR Subpart 225-1; provided 
that the Administrator may approve such exception or variance as a plan 
revision when the provisions of this part, section 110 (a)(3)(A) of the 
Act, and 40 CFR part 51 (relating to approval of and revisions to State 
implementation plans) have been satisfied with respect to such 
exception or variance.

[FR Doc. 2018-18115 Filed 8-22-18; 8:45 am]
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