[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Rules and Regulations]
[Pages 12511-12513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06294]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2017-0094; FRL-9991-50-Region 2]
Approval and Promulgation of Implementation Plans: New York Ozone
Section 185
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency is finalizing approval of
the State of New York's Low Emissions Vehicle program as an alternative
program to fulfill the Clean Air Act section 185 requirement for the
New York portion of the New York-Northern New Jersey-Long Island, NY-
NJ-CT nonattainment area for the revoked 1979 1-hour ozone National
Ambient Air Quality Standard. Clean Air Act section 185 requires fees
to be paid by major sources located in ozone nonattainment areas
classified as Severe or Extreme that have failed to attain the National
Ambient Air Quality Standard by the required attainment date. The State
of New York's Low Emissions Vehicle program is being approved as an
alternate program because the reductions achieved by the program are at
least equivalent to the reductions associated with the Clean Air Act
section 185 fee program required for the New York portion of the NY-NJ-
CT nonattainment area.
DATES: This rule is effective on May 2, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R02-OAR-2017-0094. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., 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: Gavin Lau, Environmental Protection
Agency, Air Programs Branch, 290 Broadway, 25th Floor, New York, NY
10007-1866, (212) 637-3708, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. What action is the EPA taking?
II. What comments were received in response to the EPA's proposed
action?
III. What is the EPA's conclusion?
IV. Statutory and Executive Order Reviews
[[Page 12512]]
I. What action is the EPA taking?
The Environmental Protection Agency (EPA) is approving the State of
New York's Low Emissions Vehicle (LEV II) program as an alternative
program to fulfill the Clean Air Act (CAA) section 185 requirement for
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT nonattainment area for the revoked 1979 1-hour ozone National
Ambient Air Quality Standard (NAAQS). The LEV II program will be
incorporated into the federally enforceable SIP as an alternative CAA
section 185 program. The reader is referred to the proposed rulemaking
on this action published in the Federal Register (FR) on December 6,
2018 (83 FR 62771) for additional details.
II. What comments were received in response to the EPA's proposed
action?
The EPA received two comments in response to the EPA's December 6,
2018 proposed action. After reviewing the comments, the EPA has
determined that the comments are generally in support of the EPA's
proposed action. The comments also raise issues that are not germane to
the EPA's proposed action and do not explain or provide a legal basis
for how the proposed action should differ in any way. For this reason,
the EPA will not provide a specific response to the comments and we are
finalizing the action as proposed. The comments may be viewed under
Docket ID Number EPA-R02-OAR-2017-0094 on the http://www.regulations.gov website.
III. What is the EPA's conclusion?
The EPA has determined that New York's LEV II program is an
approvable alternative program no less stringent than the program
required by CAA section 185, consistent with the principles of CAA
section 172(e). CAA section 172(e) provides that when the Administrator
relaxes a NAAQS, the EPA must ensure that all areas which have not
attained that NAAQS maintain ``controls which are not less stringent
than the controls applicable to areas designated nonattainment before
such relaxation.'' CAA section 185 fee program requirements apply to
ozone nonattainment areas classified as Severe or Extreme that fail to
attain by the required attainment date. The requirements of CAA section
185 were applicable to the NY-NJ-CT nonattainment area for 2008 and
2009 since the area failed to attain the 1-hour ozone NAAQS by its
attainment data. The NY-NJ-CT area later was determined to attain the
1-hour ozone NAAQS for 2008-2010 (77 FR 36163). Consistent with the
principles of CAA section 172(e), a state can meet the 1-hour ozone
section 185 obligation through either the fee program prescribed in
section 185 of the CAA or an equivalent alternative program, if the
state demonstrates that the alternative is not less stringent than the
otherwise applicable section 185 fee program. The EPA has determined
that the New York State Department of Environmental Conservation, on
behalf of the State of New York, demonstrated that New York's LEV II
program provided emission reductions no less stringent than a CAA
section 185 fee program for 2008 and 2009 and that it is an approvable
equivalent alternative program to fulfill the Clean Air Act section 185
requirement for the New York portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT nonattainment area for the revoked 1979 1-
hour ozone NAAQS. New York's LEV II emission standards continue to be
in place and achieve reductions in VOC and NOX emissions.
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 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. 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 June 3, 2019. 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
[[Page 12513]]
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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 18, 2019.
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 HH--New York
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2. In Sec. 52.1670, the table in paragraph (e) is amended by adding
the entry ``Section 185 fee program'' at the end of the 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 185 fee program........ State-wide....... 1/31/2014, 4/2/2019, [insert Approval of the Low
supplemented on Federal Register Emissions Vehicle
4/7/2014, 10/13/ citation]. Program (LEV II) as
2016, and 4/3/ an alternative
2018. section 185 fee
program
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3. In Sec. 52.1683, add paragraph (r) to read as follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(r) New York's Section 185 Equivalency Demonstration State
Implementation Plan revision submittal on January 31, 2014, and
supplemented on April 7, 2014, October 13, 2016, and April 3, 2018, for
the use of the State of New York's Low Emissions Vehicle (LEV II)
program as an alternative program to fulfill the Clean Air Act section
185 requirement for the New York portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT nonattainment area for the revoked 1979 1-
hour ozone National Ambient Air Quality Standard is approved.
[FR Doc. 2019-06294 Filed 4-1-19; 8:45 a.m.]
BILLING CODE 6560-50-P