[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38878-38882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16789]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2019-0157; FRL-9997-59-Region 2]


Approval of Air Quality Implementation Plans; New York; Cross-
State Air Pollution Rule; NOX Ozone Season Group 2, 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 taking final 
action to approve revisions 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 ozone season 
emissions of nitrogen oxides (NOX), annual emissions of 
NOX, and annual emissions of sulfur dioxide 
(SO2). This action approves into New York's SIP the State's 
regulations that replace the default allowance allocation provisions of 
the CSAPR federal trading programs for ozone season NOX, 
annual NOX, and annual SO2 emissions.

DATES: This final rule is effective on August 8, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
number EPA-R02-OAR-2019-0157. 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: 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. Background
II. Public Comment and EPA Response
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On May 21, 2019 (84 FR 22995 and 84 FR 22972), EPA simultaneously 
published a proposed rule and a direct final rule to approve New York's 
November 30, 2018 SIP submittal concerning CSAPR \1\ trading programs 
for ozone-season emissions of NOX, annual emissions of 
NOX, and annual emissions of SO2. The proposed 
rule and direct final rule also acted to approve New York's revised 
list of definitions that was submitted to the EPA on July 23, 2015.
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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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    The EPA received a public comment on the proposed rule and intended 
to withdraw the direct final rule prior to the effective date of June 
20, 2019. However, the EPA inadvertently did not withdraw the direct 
final rule prior to that date and the rule prematurely became effective 
on June 20, 2019, revising the New York SIP to include revised versions 
of Title 6 of the New York Codes, Rules and Regulations (6 NYCRR), Part 
200, Subpart 200.1; 6 NYCRR Part 200, Subpart 200.9; 6 NYCRR Part 243; 
6 NYCRR Part 244; and 6 NYCRR 245 on that date. In this action, as 
described in more detail below, the EPA is responding to the public 
comment submitted on the proposed revisions to New York's SIP, approves 
the revised versions of these regulations in New York's SIP, and is 
amending the effective date of the regulations' inclusion into the SIP 
to correct our failure to withdraw the direct final rule prior to June 
20, 2019.
    Large Electric Generating Units (EGUs) in New York are subject to 
CSAPR FIPs that require the units to participate in the federal CSAPR 
NOX Ozone Season Group 2 Trading Program, 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.
    The New York State Department of Environmental Conservation (DEC) 
amended portions of Title 6 of the New York Codes, Rules and 
Regulations to incorporate CSAPR requirements into

[[Page 38879]]

the State's rules and allow the DEC to allocate CSAPR allowances to 
regulated entities in New York. 6 NYCRR Part 243, ``Transport Rule 
NOX Ozone Season Trading Program,'' has been repealed and 
replaced in its entirety with a new rule, 6 NYCRR Part 243, ``CSAPR 
NOX Ozone Season Group 2 Trading Program.'' 6 NYCRR Part 
244, ``Transport Rule NOX Annual Trading Program,'' has been 
repealed and replaced in its entirety with a new rule, 6 NYCRR Part 
244, ``CSAPR NOX Annual Trading Program.'' 6 NYCRR Part 245, 
``Transport Rule SO2 Group 1 Trading Program,'' has also 
been repealed and replaced in its entirety with a new rule, 6 NYCRR 
Part 245, ``CSAPR SO2 Group 1 Trading Program.'' Attendant 
revisions were made to 6 NYCRR Part 200, ``General Provisions,'' to 
update the list of referenced materials at Subpart 200.9 that are cited 
in the amended New York regulations.
    In the notice of proposed rulemaking, the EPA had proposed to 
approve into the New York SIP the revised versions of 6 NYCRR Parts 200 
(Subpart 200.9), 243, 244, and 245 included in the November 30, 2018 
submission. The EPA also proposed to repeal from the SIP previous 
versions of 6 NYCRR Part 243, 6 NYCRR Part 244, and 6 NYCRR Part 245 
which implemented New York's discontinued Clean Air Interstate Rule 
(CAIR) trading program. New York adopted amendments to 6 NYCRR Part 
243, 6 NYCRR Part 244, and 6 NYCRR Part 245 that repealed and replaced 
CAIR trading program rules with CSAPR trading rules on November 12, 
2015. Subsequently, on November 11, 2018, New York adopted amendments 
to 6 NYCRR Part 243, 6 NYCRR Part 244, and 6 NYCRR Part 245 that 
repealed and replaced the November 12, 2015 adopted rules that 
implemented New York's CSAPR program with new versions of New York's 
CSAPR trading program rules. The rules proposed to be repealed from the 
SIP were 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.''
    The EPA also proposed to approve into the New York SIP a revised 
version of 6 NYCRR Part 200 (Subpart 200.1) to address updated 
definitions at Part 200.1(f) that were submitted to the EPA on July 23, 
2015, and that were associated with a repeal of 6 NYCRR Part 203, 
``Indirect Sources of Air Contamination.''
    The revised versions of 6 NYCRR Parts 200 (Subpart 200.9), 243, 
244, and 245 included in the November 30, 2018 SIP submission replace 
the previous versions of those rules that were included in a December 
1, 2015 SIP submission. The EPA identified deficiencies in the December 
1, 2015 submission but on November 20, 2017 conditionally approved 
those previous versions of Parts 200, 244, and 245 (but not Part 243) 
into the SIP (82 FR 57362, December 5, 2017). In a July 6, 2017 letter 
to the EPA, New York committed to submitting a SIP revision that 
addressed the identified deficiencies by December 29, 2017. However, 
New York's response to the conditional approval was not submitted to 
the EPA by December 29, 2017. The November 30, 2018 SIP submittal 
addresses the identified deficiencies, but was submitted approximately 
11 months late, so the conditional approval is treated as a 
disapproval.
    The EPA did not take action on the previous version of 6 NYCRR Part 
243 included in New York's December 1, 2015 submission. Following that 
submission, the EPA finalized the CSAPR Update rule \2\ 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 required 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 
replaced the ozone season budget for New York with a lower budget 
developed to address the revised and more stringent 2008 Ozone NAAQS. 
In a July 14, 2016 letter to the EPA, New York indicated that the State 
would revise 6 NYCRR Part 243 to conform with the final CSAPR Update. 
As indicated earlier in this section New York repealed 6 NYCRR Part 243 
and replaced the rule in its entirety with a new rule, 6 NYCRR Part 
243, ``CSAPR NOX Ozone Season Group 2 Trading Program''.
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    \2\ 81 FR 74504 (October 26, 2016).
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    In this action, the EPA is responding to the public comment 
submitted on the proposed revisions to New York's SIP, approves the 
revised versions of 6 NYCRR Part 200, Subpart 200.1; 6 NYCRR Part 200, 
Subpart 200.9; 6 NYCRR Part 243; 6 NYCRR Part 244; and 6 NYCRR Part 245 
regulations in New York's SIP, and is amending the effective date of 
the regulations' inclusion into the SIP to correct our failure to 
withdraw the direct final rule (after the EPA received adverse public 
comments) prior to the June 20, 2019 effective date of the direct final 
rule.
    This action approves into New York's SIP state-determined allowance 
allocation procedures for ozone-season NOX allowances that 
would replace EPA's default allocation procedures for the control 
periods in 2021 and beyond. Additionally, this action EPA approves into 
the 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 2023 and 
beyond. The approval of this SIP revision does not alter any provision, 
other than the allowance allocation provisions, of either the CSAPR 
NOX Ozone Season Group 2 Trading Program, the CSAPR 
NOX Annual Trading Program or the CSAPR SO2 Group 
1 Trading Program as applied to New York units. The FIP provisions 
requiring those units to participate in the programs (as modified by 
this SIP revision) remain in place.

II. Public Comment and EPA Response

    During the public comment period, the EPA received one relevant 
comment, which was submitted anonymously. The comment and the EPA's 
response are discussed in this section of this rulemaking action.
    Comment: The commenter argues that EPA should disapprove New York's 
SIP revision because EPA's regulations do not allow for allocation to a 
separate account like the Energy Efficiency and Renewable Energy 
Technology (or EERET) account. The commenter states that New York has 
no authority to unilaterally designate emission credits to an account 
that is supposed to be for emission units to be able to operate and 
provide electricity generation to the citizens of New York and the 
surrounding states.
    The commenter also states that the EPA must remove the FIP in place 
because the EPA has no authority to regulate electricity generation; 
the CSAPR Update FIPs are illegal and unauthorized as EPA has no 
authority to regulate beyond the fence line; and that multi-state and 
multi-facility emission control schemes are illegal. The commenter 
further states that the EPA must disapprove the SIP since it follows 
illegal rules and cites the EPA's June 19, 2019 Affordable Clean Energy 
(or ACE) rule as support for this position.
    Response: The EPA disagrees with the commenter that EPA's 
regulations do not allow for allocation to a separate account like the 
EERET account, and that New York does not have the authority to 
designate emission credits to the EERET account. The commenter has not 
identified any provision of the

[[Page 38880]]

CSAPR regulations which they assert precludes New York's approach.
    CSAPR includes provisions which allow states to submit, for 
approval into the SIP, revisions to modify or replace the CSAPR FIP 
requirements while allowing states to continue to meet their transport-
related obligations.\3\ Through such a SIP revision, a state may 
replace EPA's default provisions for allocating emission allowances 
among the state's units by employing any state-selected methodology to 
allocate or auction the allowances, subject to timing and other 
criteria. Additionally, EPA's CSAPR rule does not preclude the use of 
an energy efficiency set-aside by the state.
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    \3\ See 40 CFR 52.38, 52.39.
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    New York adopted amendments to 6 NYCRR Part 243, 6 NYCRR Part 244, 
and 6 NYCRR Part 245 on November 11, 2018. New York submitted amended 6 
NYCRR Parts 243, 244, and 245 to the EPA as a SIP revision on November 
30, 2018. The EPA reviewed and evaluated New York's submittal and 
proposed to find it approvable because it met CSAPR rule requirements. 
These requirements included: Meeting timeliness and completeness 
criteria for submission of the CSAPR SIP; New York's allocation 
methodology covered all allowances potentially requiring allocation by 
the state, including allocations to existing and new units, as well as 
provisions for the disposition of unallocated Indian country new-unit 
set-asides; New York's methodology provided assurance that state 
allocations do not exceed the state budget; New York's methodology 
provided for the submission of state determined allocations by CSAPR 
rule deadlines; New York's rules included no provisions allowing for 
alteration of allocations submitted to EPA or recorded; and New York's 
rules make no other substantive changes to the federal trading program 
regulations beyond the provisions addressing allowance allocations. The 
EPA's final approval of a State's rules would allow the state-selected 
methodology to replace EPA's default allocations, including allocating 
emissions allowances to an EERET account.
    Because EPA's review of the SIP was only to evaluate compliance 
with the CSAPR regulations, the portions of the comment addressing the 
legality of the CSAPR Update FIPs are beyond the scope of this 
rulemaking. The rulemaking promulgating the CSAPR Update FIPs was 
separately finalized in 2016, and the EPA did not reopen the 
determinations made in the 2016 final action in its review of New 
York's SIP. Any comments on the legality the CSAPR Update should have 
been raised during the public comment period in that rulemaking 
pursuant to CAA section 307(d)(7)(B), and any challenges to the 
determinations made in that action are properly raised pursuant to CAA 
section 307(b)(1) in legal challenges to that final action. Such 
challenges are currently pending in the D.C. Circuit, see Wisconsin v. 
EPA, No. 16-1406 (D.C. Cir.). Such issues are not appropriately raised 
in comment on EPA's review of a SIP submission merely to determine the 
state's compliance with EPA's CSAPR regulations.

III. What action is EPA taking?

    The EPA is approving the New York SIP revision submitted on 
November 30, 2018 concerning allocations to New York units of CSAPR 
NOX Ozone Season Group 2 allowances for the control periods 
in 2021 and beyond and of CSAPR NOX Annual allowances and 
CSAPR SO2 Group 1 allowances for the control periods in 2023 
and beyond. This rule approves into the New York SIP amendments to 6 
NYCRR Parts 243, 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. The EPA is also approving the attendant 
revisions to 6 NYCRR Part 200 (Subpart 200.9) to update the list of 
referenced materials cited in the amended New York regulations. The EPA 
is also approving the New York SIP revision submitted on July 23, 2015, 
which included a revised version of 6 NYCRR Part 200 (Subpart 200.1) to 
address updated definitions associated with a repeal of 6 NYCRR Part 
203, ``Indirect Sources of Air Contamination''.
    The EPA is also approving the repeal from the SIP previous versions 
of 6 NYCRR Part 243, 6 NYCRR Part 244, and 6 NYCRR Part 245 which 
implemented New York's discontinued CAIR trading program. The rules 
being repealed from the SIP are 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.''
    The EPA is also amending the effective date of the inclusion of 
these revisions to New York's SIP because the revisions were added to 
the SIP prematurely on June 20, 2019 when EPA failed to withdraw its 
direct final rule after receiving a comment on our proposed approval of 
New York's regulations that replace the default allocation provisions 
of the CSAPR federal trading programs. This rule which responds to the 
comment received finalizes our approval and corrects the premature 
effective date for inclusion in New York's SIP of revised versions of 6 
NYCRR Part 200, Subpart 200.1; 6 NYCRR Part 200, Subpart 200.9; 6 NYCRR 
Part 243; 6 NYCRR Part 244; and 6 NYCRR Part 245.
    Following the approval into the SIP of the revisions to 6 NYCRR 
Parts 200, 243, 244, and 245, allocations of CSAPR NOX Ozone 
Season Group 2 allowances, CSAPR NOX Annual allowances, and 
CSAPR SO2 Group 1 allowances will be made according to the 
provisions of New York's SIP instead of 40 CFR 97.411(a), 97.411(b)(1), 
97.412(a), 97.611(a), 97.611(b)(1), 97.612(a), CFR 97.811(a), 
97.811(b)(1), and 97.812(a). The EPA's action on this SIP revision does 
not alter any provisions of the federal CSAPR NOX Ozone 
Season Group 2 Trading Program, 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. The 
EPA is approving Parts 200, 243, 244 and 245 because New York's rules 
meet the requirements of the CAA and the 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 sections I and II above.
    This 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. In this rule, in 
accordance with options CSAPR makes available to states, EPA is 
approving into New York's SIP the State's rules which include 
allocation provisions to replace the default federally-established 
allocations for control periods in 2021 and later years.\4\ The sooner 
this rule is effective, the sooner allowances eligible for use for the 
2021 control period can

[[Page 38881]]

be issued to affected sources in New York in the amounts determined 
under New York rules. EPA therefore finds good cause to make this final 
rule effective immediately upon publication in the Federal Register.
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    \4\ Under the CSAPR trading programs, allowance allocations are 
recorded up to four years in advance of the control periods for 
which the allowances are issued. New York's allowance allocation 
procedures for ozone season NOX allowances would replace 
EPA's default allocation procedures for the control periods in 2021 
and beyond. New York's allowance allocation procedures for annual 
NOX and SO2 allowances would replace EPA's 
default allocation procedures for the control periods in 2023 and 
beyond.
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IV. Incorporation By Reference

    In this rule, the 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 revisions to 
6 NYCRR Parts 200, Subpart 200.1, entitled ``General Provisions, 
Definitions,'' adopted April 18, 2013; 6 NYCRR Part 200, Subpart 200.9, 
entitled ``General Provisions, Referenced Material,'' adopted on 
November 11, 2018; 6 NYCRR Part 243, entitled ``CSAPR NOX 
Ozone Season Group 2 Trading Program,'' adopted November 11, 2018; 6 
NYCRR Part 244, entitled ``CSAPR NOX Annual Trading 
Program,'' adopted November 11, 2018; and NYCRR Part 245, entitled 
``CSAPR SO2 Group 1 Trading Program,'' adopted November 11, 
2018. The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov, and at the EPA Region 
2 Office. Copies of materials incorporated may be inspected at the 
Environmental Protection Agency, Region 2, Air Programs Branch, 290 
Broadway, New York, New York 10007. 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 the 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 in the next 
update of the SIP compilation.\5\
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    \5\ 62 FR 27968 (May 22, 1997).
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V. 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, 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 October 7, 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 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: July 22, 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 A--General Provisions


Sec.  52.38   [Amended]

0
2. In Sec.  52.38, paragraph (b)(13)(iii) is amended by removing 
``[none].'' and adding in its pace ``New York.''.

Subpart HH--New York

0
3. In Sec.  52.1670, paragraph (c) is amended by revising the table 
entries ``Title 6, Part 200, Subpart 200.1'', ``Title 6, Part 200, 
Subpart 200.9'', ``Title 6,

[[Page 38882]]

Part 243'', ``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
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject        effective     EPA  approval          Comments
                                                             date            date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Title 6, Part 200, Subpart 200.1.  General Provisions,      05/19/2013      08/08/2019  The word odor is removed
                                    Definitions.                                         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 200, Subpart 200.9.  General Provisions,      01/02/2019      08/08/2019   EPA is
                                    Referenced                                           approving reference
                                    Material.                                            documents that are not
                                                                                         Federally enforceable.
                                                                                         EPA approval
                                                                                         finalized at [insert
                                                                                         Federal Register
                                                                                         citation].
 
                                                  * * * * * * *
Title 6, Part 243................  CSAPR NOX Ozone          01/02/2019      08/08/2019   EPA approval
                                    Season Group 2                                       finalized at [insert
                                    Trading Program.                                     Federal Register
                                                                                         citation].
Title 6, Part 244................  CSAPR NOX Annual         01/02/2019      08/08/2019   EPA approval
                                    Trading Program.                                     finalized at [insert
                                                                                         Federal Register
                                                                                         citation].
Title 6, Part 245................  CSAPR SO2 Group 1        01/02/2019      08/08/2019   EPA approval
                                    Trading Program.                                     finalized at [insert
                                                                                         Federal Register
                                                                                         citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-16789 Filed 8-7-19; 8:45 am]
 BILLING CODE 6560-50-P