Approval and Promulgation of Implementation Plans; New York; Infrastructure SIP for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter Standards, 37122-37124 [2013-14626]
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37122
Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations
Dated: June 7, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
40 CFR part 52 is amended as follows:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Subpart II—North Carolina
2. Section 52.1770(e) is amended by
adding a new entry for ‘‘8-Hour Carbon
Monoxide Limited Maintenance Plan for
Charlotte, Raleigh/Durham and
Winston-Salem Maintenance Area’’ at
the end of the table to read as follows:
■
§ 52.1770
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
Provision
*
State effective date
*
*
*
8-Hour Carbon Monoxide Limited Maintenance Plan
for Charlotte, Raleigh/Durham and Winston-Salem
Maintenance Area.
[FR Doc. 2013–14507 Filed 6–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2013–0274; FRL–9825–1]
Approval and Promulgation of
Implementation Plans; New York;
Infrastructure SIP for the 1997 8-Hour
Ozone and the 1997 and 2006 Fine
Particulate Matter Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving certain
elements of New York’s State
Implementation Plan (SIP) revisions
submitted to demonstrate that the State
meets the requirements of section
110(a)(1) and (2) of the Clean Air Act
(CAA) for the 1997 8-hour ozone and
the 1997 and 2006 fine particulate
matter (PM2.5) National Ambient Air
Quality Standards (NAAQS). Section
110(a) of the CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by the EPA and is
commonly referred to as an
infrastructure SIP.
DATES: Effective Date: This rule is
effective on July 22, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2013–0274. All
documents in the docket are listed on
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SUMMARY:
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August 2, 2012 ......
I. Background and Purpose
Under CAA section 110(a)(1), states
are required to submit plans called state
implementation plans (SIPs) that
provide for the implementation,
maintenance and enforcement of each
NAAQS and are referred to as
infrastructure SIPs. 42 U.S.C. 7410(a)(1).
On July 18, 1997, EPA promulgated new
and revised NAAQS for 8-hour ozone
(62 FR 38856) and PM2.5 (62 FR 38652).
EPA strengthened the 24-hour PM2.5
NAAQS on October 17, 2006 (71 FR
61144). The 14 elements required to be
addressed in infrastructure SIPs are as
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the 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
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. The Air
Programs Branch dockets are available
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The Air Programs Branch
telephone number is 212–637–4249.
FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–4249, or by
email at wieber.kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
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Explanation
*
[Insert citation of publication]
follows: (1) Emission limits and other
control measures; (2) ambient air quality
monitoring/data system; (3) program for
enforcement of control measures; (4)
interstate transport; (5) adequate
resources; (6) stationary source
monitoring system; (7) emergency
power; (8) future SIP revisions; (9)
consultation with government officials;
(10) public notification; (11) prevention
of significant deterioration (PSD) and
visibility protection; (12) air quality
modeling/data; (13) permitting fees; and
(14) consultation/participation by
affected local entities.
EPA is acting on three New York SIP
submittals, dated December 13, 2007,
October 2, 2008 and March 15, 2010,
which address the section 110
infrastructure requirements for the three
NAAQS: The 1997 8-hour ozone
NAAQS, the 1997 annual and 24-hour
PM2.5 NAAQS, and the 2006 24-hour
PM2.5 NAAQS. This action does not
address the requirements of section
110(a)(2)(D)(i) for the 1997 ozone and
1997 PM2.5 NAAQS, since they were
addressed in previous rulemakings. See
January 24, 2008 (73 FR 4109).
Additionally, this action does not
address the requirements of section
110(a)(2)(D)(i)(I) for the 2006 PM2.5
NAAQS, which also was addressed in a
previous EPA rulemaking. See July 20,
2011 (76 FR 43153). Two elements
identified in section 110(a)(2) are not
governed by the three year submission
deadline of section 110(a)(1) because
SIPs incorporating necessary local
nonattainment area controls are not due
within three years after promulgation of
a new or revised NAAQS, but rather due
at the time that the nonattainment area
plan requirements are due pursuant to
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section 172. See 77 FR 46352, 46354
(August 3, 2012) (footnote 3); 77 FR
60307, 60308 (October 3, 2012) (footnote
1). These requirements are: (1)
Submissions required by section
110(a)(2)(C) to the extent that subsection
refers to a permit program as required in
part D Title I of the CAA, and (2)
submissions required by section
110(a)(2)(I) which pertain to the
nonattainment planning requirements of
part D, Title I of the CAA. As a result,
this action does not address the above
infrastructure elements related to
section 110(a)(2)(C) or 110(a)(2)(I).
EPA proposed action on the three SIP
revisions on April 30, 2013 (78 FR
25236) and no comments were received
on the proposal. The reader is referred
to the April 30, 2013 proposed
rulemaking for a detailed discussion of
New York’s submittals and EPA’s
review and proposed actions.
In a letter dated May 23, 2013, New
York made a supplemental submittal
that addresses the following 110(a)(2)
sub-elements: E(ii) (conflict of interest
provisions) and E(iii) (delegations).
II. What action is EPA taking?
EPA is approving New York’s
submittals as fully meeting the
infrastructure requirements for the 1997
8-hour ozone and the 1997 and 2006
PM2.5 NAAQS for the following section
110(a)(2) elements and sub-elements:
(A), (B), (C), (D)(i)(II) prongs 3 and 4,
(D)(ii), (E)(i), (F), (G), (H), (J), (K), (L),
and (M). With this approval action,
EPA’s action on October 22, 2008 (73 FR
62902) for New York has been satisfied.
New York made a supplemental
submittal on May 23, 2013 which
corrects the deficiencies, relevant to
sub-elements E(ii) and E(iii), that were
identified in the April 30, 2013
proposed rulemaking action. New
York’s supplemental submittal includes:
New York Public Officer’s Law (POL)
section 73–a, ‘‘Financial disclosure;’’
Title 19 of the New York Codes of Rules
and Regulations (19 NYCRR) Part 937,
‘‘Access To Publicly Available
Records;’’ a list identifying entities that
received delegated responsibilities for
implementing and enforcing portions of
the New York SIP; and, a copy of the
‘‘delegation order.’’ On April 30, 2013,
EPA proposed to conditionally approve
New York’s infrastructure SIP in
fulfilling the requirements of section
110(a)(2)(E)(ii) and E(iii) for 1997 8-hour
ozone and PM2.5 NAAQS, provided the
State committed to submit: POL section
73–a and 19 NYCRR Part 937 for
approval as part of the SIP; a list of the
county or local governments or entities
that have been delegated responsibilities
to implement or enforce portions of the
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SIP; and, copies of the delegation orders
or memoranda of understanding
between the State and the county or
local governments or entities. However,
EPA also proposed in the April 30, 2013
action, that in the alternative, should
New York submit the required
information before we take final
rulemaking action, EPA will fully
approve section 110(a)(2)(E)(ii) and
E(iii). Therefore, since New York
submitted the required information,
EPA is approving New York’s submittals
for the 1997 8-hour ozone and 1997 and
2006 PM2.5 NAAQS for the following
110(a)(2) sub-elements: E(ii) (state
boards and conflict of interest
provisions) and E(iii) (delegations). EPA
is also approving POL section 73–a
(2)(a)(i) and (ii) and 19 NYCRR Subpart
937.1(a) into the New York SIP for the
limited purpose of satisfying Clean Air
Act Section 128(a)(2).
III. 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);
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37123
• 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 August 19, 2013.
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,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations
requirements, Volatile organic
compounds.
table in paragraph (c) before the heading
for ‘‘Environmental Conservation Law;’’
■ b. Adding a new heading for ‘‘Public
Officers Law’’ and a new entry for
‘‘Section 73–a, Financial Disclosure’’ to
the table in paragraph (c) after the entry
for ‘‘Section 19–0325;’’ and,
■ c. Adding a new entry at the end of
the table in paragraph (e).
The additions read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Dated: June 5, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
1. The authority citation for part 52
continues to read as follows:
■
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. Section 52.1670 is amended by:
a. Adding a new heading for Title 19
and a new entry for ‘‘Part 937, Access
to Publicly Available Records’’ to the
■
■
§ 52.1670
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
New York State regulation
State effective
date
*
*
Title 19
Part 937, ‘‘Access To Publicly Available Records’’.
*
Latest EPA approval date
*
8/27/12
Comments
*
*
6/20/13 [Insert FR page citation] ............
*
*
Public Officers Law
Section 73–a, ‘‘Financial disclosure’’
*
*
Only subpart 937.1(a) is approved into
the SIP and is for the limited purpose
of satisfying Clean Air Act Section
128(a)(2).
(e) * * *
*
*
*
*
*
8/15/11
*
*
*
6/20/13 [Insert FR page citation] ............
*
Only subsections 73–a (2)(a)(i) and (ii)
are approved into the SIP and are for
the limited purpose of satisfying Clean
Air Act Section 128(a)(2).
EPA-APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISIONS
Action/SIP element
Applicable geographic or
nonattainment area
New York submittal date
EPA approval date
Explanation
*
Section 110(a)(2) Infrastructure Requirements
for the 1997 8-hour
ozone and the 1997 and
2006 PM2.5 NAAQS.
*
*
Statewide ..........................
*
12/13/07, 10/2/08, 3/15/10
and supplemented on 5/
23/13.
*
*
6/20/13 [Insert page number where the document
begins].
*
This action addresses the
following CAA elements:
110(a)(2)(A), (B), (C),
(D)(i)(II) prongs 3 and 4,
(D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
The EPA is approving
revisions to Oregon’s State
Implementation Plan (SIP) submitted to
the EPA by the State of Oregon on
October 5, 2011, June 8, 2012, and
November 28, 2012. The submitted
revisions relate to Oregon’s Heat Smart
program, rules for enforcement
procedures and civil penalties, and
contain minor revisions and
clarifications to general air pollution
definitions, rules for stationary source
notification requirements, and
requirements for fuel burning. The EPA
is approving these SIP revisions because
the revisions meet the requirements of
the Clean Air Act.
DATES:
SUMMARY:
[FR Doc. 2013–14626 Filed 6–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R10–OAR–2012–0494, FRL–9802–7]
Approval and Promulgation of
Implementation Plans; Oregon: Heat
Smart Program and Enforcement
Procedures
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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This final rule is effective on July
22, 2013.
The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2012–0494. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which 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
ADDRESSES:
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]]>Agencies
[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37122-37124]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14626]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2013-0274; FRL-9825-1]
Approval and Promulgation of Implementation Plans; New York;
Infrastructure SIP for the 1997 8-Hour Ozone and the 1997 and 2006 Fine
Particulate Matter Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving certain
elements of New York's State Implementation Plan (SIP) revisions
submitted to demonstrate that the State meets the requirements of
section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 1997 8-
hour ozone and the 1997 and 2006 fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS).
Section 110(a) of the CAA requires that each state adopt and submit a
SIP for the implementation, maintenance and enforcement of each NAAQS
promulgated by the EPA and is commonly referred to as an infrastructure
SIP.
DATES: Effective Date: This rule is effective on July 22, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2013-0274. All documents in the docket are listed on
the 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
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. The Air Programs Branch dockets
are available from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The Air Programs Branch telephone number is
212-637-4249.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4249, or by email at
wieber.kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
Under CAA section 110(a)(1), states are required to submit plans
called state implementation plans (SIPs) that provide for the
implementation, maintenance and enforcement of each NAAQS and are
referred to as infrastructure SIPs. 42 U.S.C. 7410(a)(1). On July 18,
1997, EPA promulgated new and revised NAAQS for 8-hour ozone (62 FR
38856) and PM2.5 (62 FR 38652). EPA strengthened the 24-hour
PM2.5 NAAQS on October 17, 2006 (71 FR 61144). The 14
elements required to be addressed in infrastructure SIPs are as
follows: (1) Emission limits and other control measures; (2) ambient
air quality monitoring/data system; (3) program for enforcement of
control measures; (4) interstate transport; (5) adequate resources; (6)
stationary source monitoring system; (7) emergency power; (8) future
SIP revisions; (9) consultation with government officials; (10) public
notification; (11) prevention of significant deterioration (PSD) and
visibility protection; (12) air quality modeling/data; (13) permitting
fees; and (14) consultation/participation by affected local entities.
EPA is acting on three New York SIP submittals, dated December 13,
2007, October 2, 2008 and March 15, 2010, which address the section 110
infrastructure requirements for the three NAAQS: The 1997 8-hour ozone
NAAQS, the 1997 annual and 24-hour PM2.5 NAAQS, and the 2006
24-hour PM2.5 NAAQS. This action does not address the
requirements of section 110(a)(2)(D)(i) for the 1997 ozone and 1997
PM2.5 NAAQS, since they were addressed in previous
rulemakings. See January 24, 2008 (73 FR 4109). Additionally, this
action does not address the requirements of section 110(a)(2)(D)(i)(I)
for the 2006 PM2.5 NAAQS, which also was addressed in a
previous EPA rulemaking. See July 20, 2011 (76 FR 43153). Two elements
identified in section 110(a)(2) are not governed by the three year
submission deadline of section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not due within three
years after promulgation of a new or revised NAAQS, but rather due at
the time that the nonattainment area plan requirements are due pursuant
to
[[Page 37123]]
section 172. See 77 FR 46352, 46354 (August 3, 2012) (footnote 3); 77
FR 60307, 60308 (October 3, 2012) (footnote 1). These requirements are:
(1) Submissions required by section 110(a)(2)(C) to the extent that
subsection refers to a permit program as required in part D Title I of
the CAA, and (2) submissions required by section 110(a)(2)(I) which
pertain to the nonattainment planning requirements of part D, Title I
of the CAA. As a result, this action does not address the above
infrastructure elements related to section 110(a)(2)(C) or
110(a)(2)(I).
EPA proposed action on the three SIP revisions on April 30, 2013
(78 FR 25236) and no comments were received on the proposal. The reader
is referred to the April 30, 2013 proposed rulemaking for a detailed
discussion of New York's submittals and EPA's review and proposed
actions.
In a letter dated May 23, 2013, New York made a supplemental
submittal that addresses the following 110(a)(2) sub-elements: E(ii)
(conflict of interest provisions) and E(iii) (delegations).
II. What action is EPA taking?
EPA is approving New York's submittals as fully meeting the
infrastructure requirements for the 1997 8-hour ozone and the 1997 and
2006 PM2.5 NAAQS for the following section 110(a)(2)
elements and sub-elements: (A), (B), (C), (D)(i)(II) prongs 3 and 4,
(D)(ii), (E)(i), (F), (G), (H), (J), (K), (L), and (M). With this
approval action, EPA's action on October 22, 2008 (73 FR 62902) for New
York has been satisfied.
New York made a supplemental submittal on May 23, 2013 which
corrects the deficiencies, relevant to sub-elements E(ii) and E(iii),
that were identified in the April 30, 2013 proposed rulemaking action.
New York's supplemental submittal includes: New York Public Officer's
Law (POL) section 73-a, ``Financial disclosure;'' Title 19 of the New
York Codes of Rules and Regulations (19 NYCRR) Part 937, ``Access To
Publicly Available Records;'' a list identifying entities that received
delegated responsibilities for implementing and enforcing portions of
the New York SIP; and, a copy of the ``delegation order.'' On April 30,
2013, EPA proposed to conditionally approve New York's infrastructure
SIP in fulfilling the requirements of section 110(a)(2)(E)(ii) and
E(iii) for 1997 8-hour ozone and PM2.5 NAAQS, provided the
State committed to submit: POL section 73-a and 19 NYCRR Part 937 for
approval as part of the SIP; a list of the county or local governments
or entities that have been delegated responsibilities to implement or
enforce portions of the SIP; and, copies of the delegation orders or
memoranda of understanding between the State and the county or local
governments or entities. However, EPA also proposed in the April 30,
2013 action, that in the alternative, should New York submit the
required information before we take final rulemaking action, EPA will
fully approve section 110(a)(2)(E)(ii) and E(iii). Therefore, since New
York submitted the required information, EPA is approving New York's
submittals for the 1997 8-hour ozone and 1997 and 2006 PM2.5
NAAQS for the following 110(a)(2) sub-elements: E(ii) (state boards and
conflict of interest provisions) and E(iii) (delegations). EPA is also
approving POL section 73-a (2)(a)(i) and (ii) and 19 NYCRR Subpart
937.1(a) into the New York SIP for the limited purpose of satisfying
Clean Air Act Section 128(a)(2).
III. 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 August 19, 2013. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping
[[Page 37124]]
requirements, Volatile organic compounds.
Dated: June 5, 2013.
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--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. Section 52.1670 is amended by:
0
a. Adding a new heading for Title 19 and a new entry for ``Part 937,
Access to Publicly Available Records'' to the table in paragraph (c)
before the heading for ``Environmental Conservation Law;''
0
b. Adding a new heading for ``Public Officers Law'' and a new entry for
``Section 73-a, Financial Disclosure'' to the table in paragraph (c)
after the entry for ``Section 19-0325;'' and,
0
c. Adding a new entry at the end of the table in paragraph (e).
The additions read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State
New York State regulation effective date Latest EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 19
Part 937, ``Access To Publicly 8/27/12 6/20/13 [Insert FR page Only subpart 937.1(a) is
Available Records''. citation]. approved into the SIP and
is for the limited
purpose of satisfying
Clean Air Act Section
128(a)(2).
* * * * * * *
Public Officers Law
Section 73-a, ``Financial 8/15/11 6/20/13 [Insert FR page Only subsections 73-a
disclosure''. citation]. (2)(a)(i) and (ii) are
approved into the SIP and
are for the limited
purpose of satisfying
Clean Air Act Section
128(a)(2).
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Action/SIP element geographic or New York submittal EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide......... 12/13/07, 10/2/08, 6/20/13 [Insert This action
Requirements for the 1997 8- 3/15/10 and page number where addresses the
hour ozone and the 1997 and supplemented on 5/ the document following CAA
2006 PM2.5 NAAQS. 23/13. begins]. elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II) prongs
3 and 4, (D)(ii),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-14626 Filed 6-19-13; 8:45 am]
BILLING CODE 6560-50-P
