[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44209-44210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14626]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0647; FRL-10011-41-Region 2]


Approval of Air Quality Implementation Plans; New York; 
Infrastructure SIP Requirements for the 2012 PM2.5 NAAQS; Interstate 
Transport Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of the New York State Implementation Plan (SIP) submittal 
regarding infrastructure requirements for interstate transport of 
pollution with respect to the 2012 annual fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS) or 
standard.

DATES: This final rule is effective August 21, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2018-0647 at http://www.regulations.gov. 
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 http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Environmental 
Protection Agency, Region 2 Office, 290 Broadway, New York, New York 
10007-1866, at (212) 637-3702, or by email at [email protected].

I. What is the background for this action?

    Under section 110(a)(1) of the Clean Air Act (CAA), each state is 
required to submit a State Implementation Plan (SIP) that provides for 
the implementation, maintenance, and enforcement of a revised primary 
or secondary National Ambient Air Quality Standards (NAAQS or standard) 
within three years after the EPA promulgates a new or revised NAAQS. 
This type of SIP submission is commonly referred to as an 
``infrastructure SIP.'' CAA section 110(a)(2) lists the specific 
infrastructure elements that a SIP must contain or satisfy.
    On April 30, 2020 (84 FR 23938), the EPA published a Notice of 
Proposed Rulemaking (NPR) that proposed to approve elements of the 2012 
PM2.5 infrastructure SIP submission from the State of New 
York, received on November 30, 2016. Specifically, the EPA proposed to 
approve the portion of the submission addressing the interstate 
transport provisions for the 2012 PM2.5 NAAQS under CAA 
section 110(a)(2)(D)(i)(I), otherwise known as the ``good neighbor'' 
provision.
    Other detailed information relevant to this action on New York's 
infrastructure SIP submission, including infrastructure requirements 
concerning interstate transport provisions and the rationale for EPA's 
approval, is included in the NPR and the associated Technical Support 
Document (TSD), available in the docket, and is not restated here.

II. What comments were received in response to the EPA's proposed 
action?

    The EPA did not receive any comments on the April 30, 2020 proposed 
approval of New York's infrastructure SIP submission, dated November 
30, 2016, addressing the interstate transport provisions for the 2012 
PM2.5 NAAQS.

III. What action is EPA taking?

    The EPA is approving the portions of New York's November 30, 2016 
SIP submittal addressing interstate transport for the 2012 annual 
PM2.5 NAAQS as meeting the requirements in section 
110(a)(2)(D)(i)(I) of the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735,

[[Page 44210]]

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 this action does not involve technical standards; 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, this final rule, addressing New York's interstate 
transport requirements for the 2012 annual PM2.5 NAAQS, is 
not approved to apply on any Indian reservation land or in any other 
area where the 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 September 21, 2020. 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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 30, 2020.
Peter Lopez,
Regional Administrator, Region 2.

    For the reasons stated in the preamble, EPA amends Part 52 chapter 
I, title 40 of the Code of Federal Regulations 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 (e) is amended by adding an 
entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012 
PM2.5 NAAQS, Interstate Transport Provisions'' 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     New York
      Action/SIP element        or  nonattainment area  submittal date  EPA approval date       Explanation
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                                                  * * * * * * *
Section 110(a)(2)               Statewide.............      11/30/2016  7/22/20, [insert   This action addresses
 Infrastructure Requirements                                             Federal Register   the following CAA
 for the 2012 PM2.5 NAAQS,                                               citation].         elements:
 Interstate Transport                                                                       110(a)(2)(D)(i)(I)
 Provisions.                                                                                prongs 1 and 2.
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[FR Doc. 2020-14626 Filed 7-21-20; 8:45 am]
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