[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49252-49253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18989]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2020-0301; FRL-8907-02-R2]


Approval and Promulgation of Implementation Plans; New York; 
Infrastructure Requirements for the 2015 Ozone National Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a State Implementation Plan (SIP) submitted by the State of 
New York to demonstrate that the State meets the requirements of 
certain sections of the Clean Air Act (CAA) for the 2015 ozone National 
Ambient Air Standards (NAAQS).

DATES: This final rule is effective on October 4, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2020-0301. All documents in the docket are 
listed on the http://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 http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental 
Protection Agency, 290 Broadway, New York, New York 10007-1866, at 
(212) 637-3764, or by email at [email protected].

SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is 
arranged as follows:

Table of Contents

I. What is the background for this action?
II. What comments were received in response to the EPA's proposed 
action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Section 110(a) of the CAA requires each state adopt and submit for 
approval into the SIP a plan for the implementation, maintenance and 
enforcement of each NAAQS promulgated by EPA. On July 1, 2021 (86 FR 
35034), the EPA published a Notice of Proposed Rulemaking that proposed 
to approve elements of the SIP submission from the State of New York, 
submitted to EPA on September 25, 2018 and July 10, 2019, as 
demonstrating that the State had the necessary authority and resources 
to implement the infrastructure requirements of the 2015 ozone NAAQS. 
As explained in the proposal, the EPA is not addressing section 
110(a)(2)(I) in this action, as Part D plans for nonattainment areas 
are subject to a different submission schedule than infrastructure 
SIPs, and the EPA will take action on Part D plans when submitted 
through a separate process. As also explained in the proposal, the EPA 
is not addressing the visibility portion of 110(a)(2)(J), as there are 
no new visibility protection obligations under the 2015 Ozone NAAQS. 
Additionally, as explained in the proposal, the EPA will act on section 
110(a)(2)(D)(i)(I) (commonly referred to as prongs 1 and 2) in a 
separate notice at a later date.

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

    EPA did not receive any comments on the proposed approval of New 
York's 2015 Infrastructure Plan revisions published July 1, 2021 (86 FR 
35034).

III. What action is the EPA taking?

    The EPA is approving New York's September 25, 2018 and July 10, 
2019, SIP revisions as meeting the requirements of section 110(a)(1) 
and (2) infrastructure requirements of the CAA for the 2015 ozone 
NAAQS, with the exception of CAA section 110(a)(2)(D)(i)(I) (prongs 1 
and 2).

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 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 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, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

[[Page 49253]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 1, 2021. 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, Nitrogen Dioxide, Intergovernmental Relations, Ozone, 
Reporting and recordkeeping requirements, Volatile Organic Compounds.

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

    Dated: August 27, 2021.
Walter Mugdan,
Acting 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

0
2. In Sec.  52.1670, the table in paragraph (e) is amended by adding 
entries for ``Section 110(a)(2)
    Infrastructure Requirements for the 2015 ozone NAAQS'' and 
``Section 110(a)(2)(G)
    Infrastructure Requirements for the 2015 ozone NAAQS'' 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 Provision
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                                        Applicable
        Action/SIP element            geographic or        New York      EPA approval date       Explanation
                                    nonattainment area  submittal date
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                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide..........      09/25/2018  9/2/2021, [insert    Full approval. This
 Requirements for the 2015 Ozone                                         Federal Register     action addresses
 NAAQS.                                                                  citation].           the following CAA
                                                                                              elements:
                                                                                              110(a)(2)(A), (B),
                                                                                              (C), (D)(i)(II),
                                                                                              (D)(ii), (E), (F),
                                                                                              (H), (J), (K),
                                                                                              (L), (M).
Section 110(a)(2)(G)               Statewide..........      07/10/2019  9/2/2021, [insert    Full approval.
 Infrastructure Requirements for                                         Federal Register
 the 2015 Ozone NAAQS.                                                   citation].
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[FR Doc. 2021-18989 Filed 9-1-21; 8:45 am]
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