Approval and Promulgation of Implementation Plans; New York Reasonable Further Progress Plans, Emissions Inventories, Contingency Measures and Motor Vehicle Emissions Budgets, 51264-51266 [2011-21097]
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51264
Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations
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Postage Payment Methods
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4.0 Postage Meters and PC Postage
Products (Postage Evidencing Systems)
‘‘First-Class Package’’ (or ‘‘First-Class
Pkg’’) as applicable; ‘‘U.S. Postage
Paid’’; city and state; and permit
number. * * *
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4.1
Basic Information
700
Special Standards
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4.1.5
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Authorized Classes of Mail
Mailers may use postage evidencing
systems to affix or apply indicia on any
class of mail except First-Class Package
Service commercial plus parcels,
Periodicals, and Bound Printed Matter.
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Mailings
4.5.1
* * * The mailing date format used
in the indicia is also subject to the
following conditions.
a. Complete Date. Mailers must use a
complete date for the following:
[Revise 4.5.1a1 as follows:]
1. All Express Mail, Priority Mail,
First-Class Mail, and First-Class Package
Service pieces.
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General Standards
5.1.1
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8.0
Preparing Pallets
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8.6
Pallet Placards
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Line 2 (Content Line)
Line 2 (content line) must meet these
standards:
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[Revise the table in 8.6.5 by adding a
new 7th row (between ‘‘First-Class Mail’’
and ‘‘Flats’’ with ‘‘First-Class Package
Service’’ in the Content Type column
and ‘‘FC PKG’’ in the Code column as
follows:]
Content type
Code
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First-Class Package Service ..... FC PKG.
Definition
*
[Revise the text of 5.1.1 as follows:]
A mailer may be authorized to mail
material without affixing postage when
payment is made at the time of mailing
from a permit imprint advance deposit
account established with USPS. This
payment method may be used for
postage and extra service fees for
Express Mail (‘‘eVS’’ only), Priority
Mail, First-Class Mail, First-Class
Package Service, Standard Mail, Package
Services, and Parcel Select mailpieces.
This method is not available for
Periodicals.
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5.3 Indicia, Design, Placement, and
Content
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[Revise the title and the first sentence of
5.3.6 as follows:]
mstockstill on DSK4VPTVN1PROD with RULES
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Permit Imprint (Indicia)
5.1
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8.6.5
Mailing Date Format
5.0
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705 Advance Preparation and Special
Postage Payment Systems
[Revise the text of 4.1.5 as follows:]
4.5
*
5.3.6 Express Mail, Priority Mail,
Critical Mail, First-Class Mail and
First-Class Package Service Format
16:01 Aug 17, 2011
Jkt 223001
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2011–21028 Filed 8–17–11; 8:45 am]
BILLING CODE 7710–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2010–1058; FRL–9453–2]
Approval and Promulgation of
Implementation Plans; New York
Reasonable Further Progress Plans,
Emissions Inventories, Contingency
Measures and Motor Vehicle
Emissions Budgets
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
A permit imprint indicia on Express
Mail, Priority Mail, Critical Mail, FirstClass Mail, or First-Class Package
Service mailpieces must show ‘‘Express
Mail,’’ ‘‘Priority Mail’’ (or ‘‘Priority’’),
‘‘Critical Mail,’’ ‘‘First-Class Mail,’’ or
VerDate Mar<15>2010
*
*
*
*
We will publish an appropriate
amendment to 39 CFR Part 111 to reflect
these changes.
The Environmental Protection
Agency (EPA) is approving portions of
a proposed State Implementation Plan
revision submitted by New York that are
intended to meet several Clean Air Act
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
requirements for attaining the 0.08 part
per million 8-hour ozone national
ambient air quality standards.
Specifically, EPA is approving into the
SIP the following elements which are
required by the Act: The 2002 base year
and 2008 projection year emissions
inventories, the 2008 motor vehicle
emissions budgets used for planning
purposes, the 2008 Reasonable Further
Progress (RFP) plan, and the 2008 RFP
Plan contingency measures as they
apply to the New York portion of the
New York-Northern New Jersey-Long
Island, NY-NJ-CT 8-hour ozone
moderate nonattainment area. EPA is
also approving the 2002 base year
emissions inventory for the
Poughkeepsie 8-hour ozone moderate
nonattainment area and the state-wide
2002 base year ozone emissions
inventory.
DATES: Effective Date: This rule is
effective on September 19, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2010–1058. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 either electronically through
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Region II Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
York, New York 10007–1866. This
Docket Facility is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding legal holidays. The Docket
telephone number is 212–637–4249.
FOR FURTHER INFORMATION CONTACT:
Raymond K. Forde, Air Programs
Branch, Environmental Protection
Agency, 290 Broadway, 25th Floor, New
York, New York 10278, (212) 637–3716.
SUPPLEMENTARY INFORMATION:
I. Background
On March 31, 2011 (76 FR 17801),
EPA proposed approval of the New York
State Implementation Plan (SIP)
submitted on February 8, 2008 and
supplemented on December 28, 2009
and January 26, 2011. The SIP submittal
addresses the requirements for the New
York portion of the New York-Northern
New Jersey-Long Island and
Poughkeepsie 8-hour ozone moderate
nonattainment areas. The New York
portion of the New York-Northern New
E:\FR\FM\18AUR1.SGM
18AUR1
Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations
Jersey-Long Island area is composed of
the five boroughs of New York City and
the counties of Nassau, Suffolk,
Westchester and Rockland (referred to
as the New York Metro Area). The
Poughkeepsie area is composed of
Dutchess, Orange and Putnam counties.
The following Clean Air Act (CAA)
requirements were the subject of the
March 31, 2011 proposal: The 2002 base
year emissions inventory, the 2008
projection year emissions inventories,
the 2008 motor vehicle emissions
budgets used for planning purposes, the
2008 RFP plan, the 2008 RFP Plan
contingency measures as they apply to
the New York portion of the New York
Metro ozone moderate nonattainment
area, the 2002 base year emissions
inventory for the Poughkeepsie 8-hour
ozone moderate nonattainment area and
the state-wide 2002 base year ozone
emissions inventory.
With respect to the Poughkeepsie
area, EPA has evaluated its air quality
monitoring data and has determined the
Poughkeepsie area has attained the
8-hour ozone standard. On December 7,
2009, EPA announced this
determination in the Federal Register
(74 FR 63993). Consistent with 40 CFR
51.918, this determination suspends the
requirements for various SIP items,
including, the requirement to submit an
attainment demonstration, an RFP plan,
and section 172(c)(9) contingency
measures for the eight-hour ozone
NAAQS for so long as the area
continues to attain the ozone NAAQS.
Therefore, EPA is not taking action on
these proposed SIP elements for the
Poughkeepsie area that are contained in
the 8-hour ozone SIP proposal that was
submitted to EPA on February 8, 2008.
However, EPA is taking action on the
2002 base year emissions inventory for
the Poughkeepsie Area.
A detailed discussion of the SIP
revisions and EPA’s rationale for
approving them is contained in the
March 31, 2011 proposal and will not be
restated here. The reader is referred to
the proposal for more details.
mstockstill on DSK4VPTVN1PROD with RULES
II. Public Notice
EPA received no comments in
response to the March 31, 2011
proposal. Therefore, in this action, EPA
is approving New York’s plans.
III. Conclusion
EPA has evaluated New York’s
submittal for consistency with the Clean
Air Act and Agency regulations and
policy. EPA is approving into the SIP
the following components for the New
York portion of the New York-Northern
New Jersey-Long Island, NY-NJ-CT
8-hour ozone moderate nonattainment
VerDate Mar<15>2010
16:01 Aug 17, 2011
Jkt 223001
area which are required by the Act: the
2002 base and 2008 projection year
emissions inventories, the 2008 motor
vehicle emissions budgets used for
planning purposes, the 2008 RFP plan,
and the 2008 RFP Plan contingency
measures. These components were
submitted to EPA by New York in a
package entitled ‘‘New York SIP for
Ozone—Attainment Demonstration for
New York Metro Area,’’ dated February
8, 2008 and supplemented on December
28, 2009 and January 26, 2011.
EPA is also approving the 2002 base
year emissions inventory for the
Poughkeepsie 8-hour ozone moderate
nonattainment area and the state-wide
2002 base year emissions inventory.
New York submitted these revisions to
EPA for review and approval on
February 8, 2008 in a package entitled,
‘‘New York SIP for Ozone—Attainment
Demonstration for Poughkeepsie, NY
Area’’ and supplemented on December
28, 2009 and January 26, 2011.
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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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
PO 00000
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Fmt 4700
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51265
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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 17, 2011.
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, Carbon monoxide,
Incorporation by reference,
E:\FR\FM\18AUR1.SGM
18AUR1
51266
Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
■
2. Section 52.1670 is amended by
adding an entry to end of table in
paragraph (e) to read as follows:
New York submittal date
EPA approval date
*
August 18, 2011.
Poughkeepsie 8-hour ozone moderate nonattainment area.
State-wide ....................................
Explanation
August 18, 2011.
3. Section 52.1683 is amended by
adding paragraph (l) to read as follows:
*
*
*
*
(l)(1) The following State
Implementation Plan (SIP) elements are
approved: The 2002 base year emissions
inventory, the 2008 projection year
emissions inventories, the 2008 motor
vehicle emissions budgets used for
planning purposes, the 2008 ozone
reasonable further progress (RFP) plan,
and the 2008 RFP Plan contingency
measures as they apply to the New York
portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT 8-hour
ozone moderate nonattainment area.
These elements are included in the
package entitled ‘‘New York SIP for
Ozone-Attainment Demonstration for
New York Metro Area,’’ dated February
8, 2008 and supplemented on December
28, 2009 and January 26, 2011.
(2) The following SIP elements are
approved: The 2002 base year emissions
inventory for the Poughkeepsie 8-hour
ozone moderate nonattainment area and
the state-wide 2002 base year emissions
inventory. These elements are included
in a package entitled, ‘‘New York SIP for
Ozone-Attainment Demonstration for
Poughkeepsie, NY Area,’’ dated
February 8, 2008 and supplemented on
Jkt 223001
2/8/2008 supplemented
on 12/28/2009 and 1/26/2011
2/8/2008 supplemented
on 12/28/2009 and 1/26/2011
December 28, 2009 and January 26,
2011.
[FR Doc. 2011–21097 Filed 8–17–11; 8:45 am]
Control Strategy: Ozone.
*
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
New York portion of the New 2/8/2008 supplemented
York-Northern New Jersey- on 12/28/2009 and 1/26/2011
Long Island 8-hour ozone nonattainment area.
■
16:28 Aug 17, 2011
*
■
Applicable geographic or
nonattainment area
Action/SIP element
VerDate Mar<15>2010
Identification of plan.
*
*
(e) * * *
Subpart HH—New York
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
§ 52.1683
*
Authority: 42 U.S.C. 7401 et seq.
Dated: August 4, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
*
*
2002 base year emissions inventory;
2008 projection year emissions inventories;
2008 motor vehicle emissions
budgets used for planning purposes;
2008 ozone reasonable further
progress (RFP) plan; and
2008 RFP Plan contingency
measures.
2002 base year emissions inventory.
2002 base year emissions inventory.
§ 52.1670
PART 52—[AMENDED]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–
9452–3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Barceloneta Landfill Superfund
Site
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region II is publishing a
direct final Notice of Deletion of the
Barceloneta Landfill Superfund Site
(Site), located in Florida Afuera, Puerto
Rico, from the National Priorities List
(NPL). The NPL, promulgated pursuant
to section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
SUMMARY:
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*
August 18, 2011.
final deletion is being published by EPA
with the concurrence of the
Commonwealth of Puerto Rico, through
the Puerto Rico Environmental Quality
Board, because EPA has determined that
all appropriate response actions under
CERCLA, other than operation,
maintenance, and five-year reviews,
have been completed. However, this
deletion does not preclude future
actions under Superfund.
This direct final deletion is
effective October 3, 2011 unless EPA
receives adverse comments by
September 19, 2011. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final deletion in the Federal
Register informing the public that the
deletion will not take effect.
DATES:
Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1983–0002, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• E-mail: Luis E. Santos, Remedial
Project Manager, santos.luis@epa.gov.
• Fax: 787–289–7104.
• Mail: Luis E. Santos, Remedial
Project Manager, U.S. Environmental
Protection Agency, Region II, Caribbean
Protection Division, Centro Europa
´
Building, Suite 417, Ponce de Leon
ADDRESSES:
E:\FR\FM\18AUR1.SGM
18AUR1
]]>Agencies
[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Rules and Regulations]
[Pages 51264-51266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21097]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2010-1058; FRL-9453-2]
Approval and Promulgation of Implementation Plans; New York
Reasonable Further Progress Plans, Emissions Inventories, Contingency
Measures and Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a proposed State Implementation Plan revision submitted by
New York that are intended to meet several Clean Air Act requirements
for attaining the 0.08 part per million 8-hour ozone national ambient
air quality standards. Specifically, EPA is approving into the SIP the
following elements which are required by the Act: The 2002 base year
and 2008 projection year emissions inventories, the 2008 motor vehicle
emissions budgets used for planning purposes, the 2008 Reasonable
Further Progress (RFP) plan, and the 2008 RFP Plan contingency measures
as they apply to the New York portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate nonattainment area.
EPA is also approving the 2002 base year emissions inventory for the
Poughkeepsie 8-hour ozone moderate nonattainment area and the state-
wide 2002 base year ozone emissions inventory.
DATES: Effective Date: This rule is effective on September 19, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2010-1058. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., 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 either electronically through
https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. This Docket Facility is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is 212-637-4249.
FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10278, (212) 637-3716.
SUPPLEMENTARY INFORMATION:
I. Background
On March 31, 2011 (76 FR 17801), EPA proposed approval of the New
York State Implementation Plan (SIP) submitted on February 8, 2008 and
supplemented on December 28, 2009 and January 26, 2011. The SIP
submittal addresses the requirements for the New York portion of the
New York-Northern New Jersey-Long Island and Poughkeepsie 8-hour ozone
moderate nonattainment areas. The New York portion of the New York-
Northern New
[[Page 51265]]
Jersey-Long Island area is composed of the five boroughs of New York
City and the counties of Nassau, Suffolk, Westchester and Rockland
(referred to as the New York Metro Area). The Poughkeepsie area is
composed of Dutchess, Orange and Putnam counties.
The following Clean Air Act (CAA) requirements were the subject of
the March 31, 2011 proposal: The 2002 base year emissions inventory,
the 2008 projection year emissions inventories, the 2008 motor vehicle
emissions budgets used for planning purposes, the 2008 RFP plan, the
2008 RFP Plan contingency measures as they apply to the New York
portion of the New York Metro ozone moderate nonattainment area, the
2002 base year emissions inventory for the Poughkeepsie 8-hour ozone
moderate nonattainment area and the state-wide 2002 base year ozone
emissions inventory.
With respect to the Poughkeepsie area, EPA has evaluated its air
quality monitoring data and has determined the Poughkeepsie area has
attained the 8-hour ozone standard. On December 7, 2009, EPA announced
this determination in the Federal Register (74 FR 63993). Consistent
with 40 CFR 51.918, this determination suspends the requirements for
various SIP items, including, the requirement to submit an attainment
demonstration, an RFP plan, and section 172(c)(9) contingency measures
for the eight-hour ozone NAAQS for so long as the area continues to
attain the ozone NAAQS. Therefore, EPA is not taking action on these
proposed SIP elements for the Poughkeepsie area that are contained in
the 8-hour ozone SIP proposal that was submitted to EPA on February 8,
2008. However, EPA is taking action on the 2002 base year emissions
inventory for the Poughkeepsie Area.
A detailed discussion of the SIP revisions and EPA's rationale for
approving them is contained in the March 31, 2011 proposal and will not
be restated here. The reader is referred to the proposal for more
details.
II. Public Notice
EPA received no comments in response to the March 31, 2011
proposal. Therefore, in this action, EPA is approving New York's plans.
III. Conclusion
EPA has evaluated New York's submittal for consistency with the
Clean Air Act and Agency regulations and policy. EPA is approving into
the SIP the following components for the New York portion of the New
York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate
nonattainment area which are required by the Act: the 2002 base and
2008 projection year emissions inventories, the 2008 motor vehicle
emissions budgets used for planning purposes, the 2008 RFP plan, and
the 2008 RFP Plan contingency measures. These components were submitted
to EPA by New York in a package entitled ``New York SIP for Ozone--
Attainment Demonstration for New York Metro Area,'' dated February 8,
2008 and supplemented on December 28, 2009 and January 26, 2011.
EPA is also approving the 2002 base year emissions inventory for
the Poughkeepsie 8-hour ozone moderate nonattainment area and the
state-wide 2002 base year emissions inventory. New York submitted these
revisions to EPA for review and approval on February 8, 2008 in a
package entitled, ``New York SIP for Ozone--Attainment Demonstration
for Poughkeepsie, NY Area'' and supplemented on December 28, 2009 and
January 26, 2011.
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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 17, 2011. 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, Carbon monoxide,
Incorporation by reference,
[[Page 51266]]
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: August 4, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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. Section 52.1670 is amended by adding an entry to end of table in
paragraph (e) to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or New York
Action/SIP element nonattainment submittal date EPA approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2002 base year emissions New York portion 2/8/2008 August 18, 2011..........
inventory; of the New York- supplemented
2008 projection year emissions Northern New on 12/28/2009
inventories;. Jersey-Long and 1/26/2011.
2008 motor vehicle emissions Island 8-hour
budgets used for planning ozone
purposes;. nonattainment
2008 ozone reasonable further area.
progress (RFP) plan; and.
2008 RFP Plan contingency
measures..
2002 base year emissions Poughkeepsie 8- 2/8/2008 August 18, 2011..........
inventory. hour ozone supplemented
moderate on 12/28/2009
nonattainment and 1/26/2011.
area.
2002 base year emissions State-wide...... 2/8/2008 August 18, 2011..........
inventory. supplemented
on 12/28/2009
and 1/26/2011.
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1683 is amended by adding paragraph (l) to read as
follows:
Sec. 52.1683 Control Strategy: Ozone.
* * * * *
(l)(1) The following State Implementation Plan (SIP) elements are
approved: The 2002 base year emissions inventory, the 2008 projection
year emissions inventories, the 2008 motor vehicle emissions budgets
used for planning purposes, the 2008 ozone reasonable further progress
(RFP) plan, and the 2008 RFP Plan contingency measures as they apply to
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT 8-hour ozone moderate nonattainment area. These elements are
included in the package entitled ``New York SIP for Ozone-Attainment
Demonstration for New York Metro Area,'' dated February 8, 2008 and
supplemented on December 28, 2009 and January 26, 2011.
(2) The following SIP elements are approved: The 2002 base year
emissions inventory for the Poughkeepsie 8-hour ozone moderate
nonattainment area and the state-wide 2002 base year emissions
inventory. These elements are included in a package entitled, ``New
York SIP for Ozone-Attainment Demonstration for Poughkeepsie, NY
Area,'' dated February 8, 2008 and supplemented on December 28, 2009
and January 26, 2011.
[FR Doc. 2011-21097 Filed 8-17-11; 8:45 am]
BILLING CODE 6560-50-P
