Approval of Air Quality Implementation Plans; New York; Fuel Composition and Use-Sulfur Limitations, 42589-42592 [2018-18115]
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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
DEPARTMENT OF DEFENSE
PART 183—[REMOVED]
Table of Contents
Office of the Secretary
■
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 183 is removed.
I. Background
II. EPA’s Evaluation of New York’s Submittal
III. Comments Received in Response to EPA’s
Proposed Action
IV. Summary of EPA’s Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
32 CFR Part 183
[Docket ID: DOD–2017–OS–0053]
Dated: August 20, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
RIN 0790–AK05
[FR Doc. 2018–18228 Filed 8–22–18; 8:45 am]
Defense Support of Special Events
BILLING CODE 5001–06–P
Under Secretary of Defense for
Policy, DoD.
ACTION: Final rule.
AGENCY:
This final rule removes the
Department of Defense (DoD) regulation
concerning defense support of special
events. This part contains internal DoD
policy and procedures and assigns
responsibilities for support of civil
authorities and qualifying entities
during the conduct of special events;
therefore, it does not require
codification. DoD will remove this part
but is providing notice published
elsewhere in this issue of the Federal
Register to inform the public how civil
authorities and qualifying entities may
submit requests for special event
support.
SUMMARY:
This rule is effective on August
23, 2018.
FOR FURTHER INFORMATION CONTACT:
Carol Corbin at 571–256–8319.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it is
based on removing DoD internal
policies and procedures that are
publicly available on the Department’s
issuance website.
DoD internal guidance concerning
defense support of special events will
continue to be published in DoD
Instruction 3025.20, ‘‘Defense Support
of Special Events,’’ available at https://
www.esd.whs.mil/Portals/54/
Documents/DD/issuances/dodi/
302520p.pdf.
Concurrent to the part being removed,
DoD, in order to comply with 5 U.S.C.
552(a), is providing notice in the
Federal Register to inform the public
how to submit requests for special event
support.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review’’;
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
DATES:
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42589
List of Subjects in 32 CFR Part 183
Armed Forces.
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I. Background
The EPA is approving New York’s
State Implementation Plan (SIP)
ENVIRONMENTAL PROTECTION
submittal consisting of revisions to Title
AGENCY
6 of the New York Codes, Rules and
Regulations (6 NYCRR) Section 200.1,
40 CFR Part 52
‘‘Definitions,’’ which adds a definition
[EPA–R02–OAR–2016–0414, FRL–9982–
for waste oil. EPA is approving, with
80—Region 2]
limitations, Subpart 225–1, ‘‘Fuel
Composition and Use—Sulfur
Approval of Air Quality Implementation Limitations,’’ as contributing to
Plans; New York; Fuel Composition
attainment of the National Ambient Air
and Use—Sulfur Limitations
Quality Standards (NAAQS) for
particulate matter less than or equal to
AGENCY: Environmental Protection
2.5 microns in diameter (PM2.5) and the
Agency (EPA).
NAAQS for sulfur dioxide (SO2), and
ACTION: Final rule.
establishing a revised regulatory
SUMMARY: The Environmental Protection mechanism for New York’s regional
Agency (EPA) is approving a revision to haze SIP. The EPA’s approval of New
the New York State Implementation
York’s sulfur-in-fuel regulation into the
Plan (SIP) concerning sulfur-in-fuel
SIP does not alter the EPA’s prior action
limits. The intended effect of this
on New York’s Regional Haze SIP,
revision is to add a regulatory
which includes emission reductions
mechanism for meeting the existing
related to the sulfur-in-fuel
obligations related to regional haze. The requirements of section 19–0325 of the
SIP revision consists of amendments to
Environmental Conservation Law (ECL).
Title 6 of the New York Codes, Rules
77 FR 51915 (August 28, 2012). The
and Regulations and also removes
EPA is approving these revisions,
obsolete provisions from the Code of
requested by New York, as
Federal Regulations (CFR) relating to
strengthening the effectiveness of New
New York’s sulfur-in-fuel regulation.
York’s SIP.
DATES: This final rule is effective on
Pursuant to 40 CFR part 51, the EPA
September 24, 2018.
also is removing a section from 40 CFR
ADDRESSES: The EPA has established a
52.1675 which lists sulfur limitations
docket for this action under Docket ID
for various facilities in New York. EPA
Number EPA–R02–OAR–2016–0414. All has determined that these limitations
documents in the docket are listed on
have expired and/or refer to sources
the https://www.regulations.gov
which have been shut down. That
website. Although listed in the index,
determination was reflected in EPA’s
some information is not publicly
reformatting exercise that ensured that
available, e.g., Confidential Business
all revisions to the New York State SIPs
Information (CBI) or other information
are accurately reflected in 40 CFR part
whose disclosure is restricted by statute. 52, including 40 CFR 52.1670(d), ‘‘EPA
Certain other material, such as
approved State source-specific
copyrighted material, is not placed on
requirements.’’ 76 FR 41705 (July 15,
the internet and will be publicly
2011). In addition, the sulfur-in-fuel
available only in hard copy form.
rule proposed for approval here requires
Publicly available docket materials are
the use of lower sulfur fuel, with lower
available electronically through https:// sulfur concentrations than the limits
www.regulations.gov.
listed in 40 CFR 52.1675. The EPA is
FOR FURTHER INFORMATION CONTACT: Kirk therefore removing the existing sulfur
J. Wieber, Air Programs Branch,
limitations in 40 CFR 52.1675 as they
Environmental Protection Agency, 290
are superfluous and obsolete. The EPA
Broadway, 25th Floor, New York, New
is also revising 40 CFR 52.1675(e) to
York 10007–1866, (212) 637–3381, or by conform with the new nomenclature in
email at wieber.kirk@epa.gov.
New York’s revised Subpart 225–1 that
is being approved with this action.
SUPPLEMENTARY INFORMATION:
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II. EPA’s Evaluation of New York’s
Submittal
On June 12, 2013, New York State
Department of Environmental
Conservation (NYSDEC) submitted to
the EPA the proposed revisions to
Section 200.1 and Subpart 225–1 and
supplemental materials, including
documentation of the comment period
and public hearings, and NYSDEC’s
responses to public comments. These
materials are in the EPA’s docket for
this proposal. On June 26, 2018 (83 FR
29723) EPA proposed approval of New
York’s SIP revision consisting of
amendments to Title 6 of the New York
Codes, Rules and Regulations Subpart
225–1, ‘‘Fuel Composition and Use—
Sulfur Limitations’’ and Section 200.1,
‘‘Definitions.’’ EPA also proposed to
remove an obsolete provision from the
Code of Federal Regulations (CFR)
related to facility specific sulfur-in-fuel
limits. A detailed discussion of the
revised sulfur-in-fuel limits, exceptions,
and variances and EPA’s evaluation of
the revisions to Subpart 225–1 and to
the CFR can be found in the June 26,
2018 proposal and will not be restated
here.
III. Comments Received in Response to
EPA’s Proposed Action
In response to EPA’s June 26, 2018
proposed approval of the revisions to
Section 200.1, Subpart 225–1 and the
CFR, EPA received one comment from
the public during the 30-day public
comment period. After reviewing the
comment, EPA has determined that the
comment is outside the scope of our
proposed action or fails to identify any
material issue necessitating a response.
The comment does not raise issues
germane to the EPA’s proposed action.
For this reason, the EPA will not
provide a specific response to the
comment. The comment may be viewed
under Docket ID Number EPA–R02–
OAR–2016–0414 on the https://
www.regulations.gov website.
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IV. Summary of EPA’s Final Action
The EPA is approving the revisions to
New York’s Title 6 of the New York
Codes, Rules and Regulations Section
200.1, ‘‘Definitions,’’ and Subpart 225–
1, ‘‘Fuel Composition and Use—Sulfur
Limitations,’’ both effective on April 5,
2013, into New York’s SIP as
strengthening enforcement of the State’s
air pollution control regulations.
Exceptions or variances adopted by New
York pursuant to the provisions of
sections 225.1.3 and 225.1.4(b) are
federally enforceable only if approved
by the EPA as SIP revisions.
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In addition, EPA has determined that
the provisions in New York’s SIP at 40
CFR 52.1675(d), (f) and (g) have either
expired or the affected sources have
shut down and that the 52.1675
requirements are therefore superfluous
and obsolete. The EPA is removing the
provisions of 52.1675(d), (f) and (g) from
the SIP. The EPA is also revising 40 CFR
52.1675(e) to conform with the new
nomenclature in New York’s revised
Subpart 225–1 that is being approved
with this action.
V. Incorporation by Reference
In this rule, 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 the provisions described
above in Section IV of this action. EPA
has made, and will continue to make,
these materials generally available
through https://www.regulations.gov
and at the EPA Region 2 Office (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 EPA for inclusion in the
State Implementation Plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the Clean
Air Act as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference in the
next update to the SIP compilation.1
VI. 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 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;
1 62
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FR 27968 (May 22, 1997).
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• 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.
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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 22, 2018.
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, Sulfur
oxides.
Dated: August 8, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. In § 52.1670, the table in paragraph
(c) is amended by revising two entries
entitled ‘‘Title 6, Part 200, Subpart
200.1’’ and ‘‘Title 6, Part 225, Subpart
225–1’’ to read as follows:
■
§ 52.1670
40 CFR part 52 is amended as follows:
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
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EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State effective
date
EPA approval
date
General Provisions, Definitions ...
4/5/2013
8/23/2018
*
*
Fuel Composition and Use-Sulfur
Limitations.
4/5/2013
State citation
Title/subject
Title 6, Part 200, Subpart 200.1 ....
*
*
Title 6, Part 225, Subpart 225–1 ...
*
*
■
*
*
*
*
*
*
16:16 Aug 22, 2018
*
8/23/2018
a. Removing and reserving paragraph
(d);
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The word odor is removed 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].
*
*
• Exceptions or Variances adopted
by
the
State
pursuant
to
§§ 225.1.3 and 1.4(b) become applicable only if approved by EPA
as SIP revisions (40 CFR
52.1675(e)).
• EPA approval finalized at [Insert
Federal Register citation].
*
■
3. Amend § 52.1675 by:
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*
Comments
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*
■
■
*
b. Revising paragraph (e); and
c. Removing paragraphs (f) and (g).
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The revisions read as follows:
§ 52.1675 Control strategy and
regulations: Sulfur oxides.
*
*
*
*
*
(d) [Reserved]
(e) Any exception or variance
promulgated by the Commissioner
under 6 NYCRR Sections 225–1.3 and
1.4(b) shall not exempt any person from
the requirements otherwise imposed by
6 NYCRR Subpart 225–1; provided that
the Administrator may approve such
exception or variance as a plan revision
when the provisions of this part, section
110 (a)(3)(A) of the Act, and 40 CFR part
51 (relating to approval of and revisions
to State implementation plans) have
been satisfied with respect to such
exception or variance.
[FR Doc. 2018–18115 Filed 8–22–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2018–0307; FRL–9982–
07—Region 7]
Air Plan Approval; Nebraska;
Revisions to Title 115 of the Nebraska
Administrative Code; Rules of Practice
and Procedure
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Nebraska State Implementation Plan
(SIP) addressing the legal practices and
procedures that govern the Nebraska
Department of Environmental Quality
(NDEQ) relating to public record law
and the State’s Administrative
Procedure Act. The State revised their
regulations based on legislative
amendments to the State’s
Administrative Procedure Act and the
public record laws which imposed
additional requirements on the
Nebraska Department of Environmental
Quality. Specifically, revisions are being
made to definitions, filings and
correspondence, public record
availability and confidentiality, public
hearings, contested cases, emergency
proceeding hearings, declaratory
rulings, rulemaking and variances.
These revisions do not impact air
quality, do not revise emission limits or
procedures, nor do they impact the
State’s ability to attain or maintain the
National Ambient Air Quality
Standards.
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SUMMARY:
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This final rule is effective on
September 24, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2018–0307. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., 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 through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT: Greg
Crable, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at (913) 551–
7391, or by email at crable.gregory@
epa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. Response to Comments
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
EPA is taking final action to approve
revisions to the SIP submitted by the
State of Nebraska on August 28, 2014.
This action will amend the SIP to revise
title 115 of the Nebraska Administrative
Code. Title 115 addresses the legal
practices and procedures that govern the
Nebraska Department of Environmental
Quality (NDEQ) relating to public record
law and the State’s Administrative
Procedure Act. EPA proposed approval
of Nebraska’s SIP submission in its
action published in the Federal Register
on June 5, 2018, at 83 FR 25977. The
last revision to title 115, Rules of
Practice and Procedure, was approved
on January 4, 1995, at 60 FR 372. Since
that time, the legislature has amended
the Administrative Procedure Act and
the public record laws which impose
additional requirements on NDEQ.
NDEQ has adopted the revisions to title
115 and has requested EPA amend the
SIP.
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This action amends the SIP by
revising chapter 1, Definitions of Terms;
chapter 2, Filings and Correspondence;
chapter 3, Public Records Availability;
chapter 4, Public Records
Confidentiality; chapter 5, Public
Hearings; chapter 7, Contested Cases;
chapter 8, Emergency Proceeding
Hearings; chapter 9, Declaratory
Rulings; and chapter 10, Rulemaking.
Also, this action approves the revision
to the chapter titles for chapters 2, 4, 8,
9 and 10. No revisions are being made
to chapter 6, Voluntary Compliance.
Chapter 11, Variances, is being deleted.
The revisions to title 115 are numerous
and can be found in the August 28, 2014
State submission which is part of the
docket.
Specifically, the changes to chapters
1, 2, 7, 8, 9 and 10 conform regulatory
language to the Attorney General’s
model rules. Revisions to chapters 3 and
5 better describe the procedures already
in place by practice for obtaining public
records and public hearings on permit
decisions or fact-finding hearings that
are required by law. Revisions to
chapter 4 clarify the procedures for
asserting a claim of confidentiality trade
secrets. Finally, chapter 11 is being
deleted from title 115 because it is
duplicative and found in chapter 33 of
title 129.
EPA is approving these revisions as
they are not fundamentally different
from a procedural standpoint from
existing rules. These revisions do not
impact air quality. The revisions do not
revise emission limits or procedures,
nor do they impact the state’s ability to
attain or maintain the National Ambient
Air Quality Standards.
II. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The revised title 115 chapters
were placed on public notice on January
30, 2004, and a public hearing was held
by the NDEQ on March 5, 2004. During
the public hearing NDEQ received three
comments. NDEQ addressed each of the
comments and made no change to the
rule based on comments received. The
submission also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained
above, and as demonstrated in the
documents in the docket, the revisions
meet the substantive SIP requirements
of the Clean Air Act (CAA), including
section 110 and implementing
regulations.
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[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42589-42592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18115]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0414, FRL-9982-80--Region 2]
Approval of Air Quality Implementation Plans; New York; Fuel
Composition and Use--Sulfur Limitations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the New York State Implementation Plan (SIP) concerning
sulfur-in-fuel limits. The intended effect of this revision is to add a
regulatory mechanism for meeting the existing obligations related to
regional haze. The SIP revision consists of amendments to Title 6 of
the New York Codes, Rules and Regulations and also removes obsolete
provisions from the Code of Federal Regulations (CFR) relating to New
York's sulfur-in-fuel regulation.
DATES: This final rule is effective on September 24, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2016-0414. All documents in the docket are
listed on the https://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 https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3381, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. EPA's Evaluation of New York's Submittal
III. Comments Received in Response to EPA's Proposed Action
IV. Summary of EPA's Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
The EPA is approving New York's State Implementation Plan (SIP)
submittal consisting of revisions to Title 6 of the New York Codes,
Rules and Regulations (6 NYCRR) Section 200.1, ``Definitions,'' which
adds a definition for waste oil. EPA is approving, with limitations,
Subpart 225-1, ``Fuel Composition and Use--Sulfur Limitations,'' as
contributing to attainment of the National Ambient Air Quality
Standards (NAAQS) for particulate matter less than or equal to 2.5
microns in diameter (PM2.5) and the NAAQS for sulfur dioxide
(SO2), and establishing a revised regulatory mechanism for
New York's regional haze SIP. The EPA's approval of New York's sulfur-
in-fuel regulation into the SIP does not alter the EPA's prior action
on New York's Regional Haze SIP, which includes emission reductions
related to the sulfur-in-fuel requirements of section 19-0325 of the
Environmental Conservation Law (ECL). 77 FR 51915 (August 28, 2012).
The EPA is approving these revisions, requested by New York, as
strengthening the effectiveness of New York's SIP.
Pursuant to 40 CFR part 51, the EPA also is removing a section from
40 CFR 52.1675 which lists sulfur limitations for various facilities in
New York. EPA has determined that these limitations have expired and/or
refer to sources which have been shut down. That determination was
reflected in EPA's reformatting exercise that ensured that all
revisions to the New York State SIPs are accurately reflected in 40 CFR
part 52, including 40 CFR 52.1670(d), ``EPA approved State source-
specific requirements.'' 76 FR 41705 (July 15, 2011). In addition, the
sulfur-in-fuel rule proposed for approval here requires the use of
lower sulfur fuel, with lower sulfur concentrations than the limits
listed in 40 CFR 52.1675. The EPA is therefore removing the existing
sulfur limitations in 40 CFR 52.1675 as they are superfluous and
obsolete. The EPA is also revising 40 CFR 52.1675(e) to conform with
the new nomenclature in New York's revised Subpart 225-1 that is being
approved with this action.
[[Page 42590]]
II. EPA's Evaluation of New York's Submittal
On June 12, 2013, New York State Department of Environmental
Conservation (NYSDEC) submitted to the EPA the proposed revisions to
Section 200.1 and Subpart 225-1 and supplemental materials, including
documentation of the comment period and public hearings, and NYSDEC's
responses to public comments. These materials are in the EPA's docket
for this proposal. On June 26, 2018 (83 FR 29723) EPA proposed approval
of New York's SIP revision consisting of amendments to Title 6 of the
New York Codes, Rules and Regulations Subpart 225-1, ``Fuel Composition
and Use--Sulfur Limitations'' and Section 200.1, ``Definitions.'' EPA
also proposed to remove an obsolete provision from the Code of Federal
Regulations (CFR) related to facility specific sulfur-in-fuel limits. A
detailed discussion of the revised sulfur-in-fuel limits, exceptions,
and variances and EPA's evaluation of the revisions to Subpart 225-1
and to the CFR can be found in the June 26, 2018 proposal and will not
be restated here.
III. Comments Received in Response to EPA's Proposed Action
In response to EPA's June 26, 2018 proposed approval of the
revisions to Section 200.1, Subpart 225-1 and the CFR, EPA received one
comment from the public during the 30-day public comment period. After
reviewing the comment, EPA has determined that the comment is outside
the scope of our proposed action or fails to identify any material
issue necessitating a response. The comment does not raise issues
germane to the EPA's proposed action. For this reason, the EPA will not
provide a specific response to the comment. The comment may be viewed
under Docket ID Number EPA-R02-OAR-2016-0414 on the https://www.regulations.gov website.
IV. Summary of EPA's Final Action
The EPA is approving the revisions to New York's Title 6 of the New
York Codes, Rules and Regulations Section 200.1, ``Definitions,'' and
Subpart 225-1, ``Fuel Composition and Use--Sulfur Limitations,'' both
effective on April 5, 2013, into New York's SIP as strengthening
enforcement of the State's air pollution control regulations.
Exceptions or variances adopted by New York pursuant to the provisions
of sections 225.1.3 and 225.1.4(b) are federally enforceable only if
approved by the EPA as SIP revisions.
In addition, EPA has determined that the provisions in New York's
SIP at 40 CFR 52.1675(d), (f) and (g) have either expired or the
affected sources have shut down and that the 52.1675 requirements are
therefore superfluous and obsolete. The EPA is removing the provisions
of 52.1675(d), (f) and (g) from the SIP. The EPA is also revising 40
CFR 52.1675(e) to conform with the new nomenclature in New York's
revised Subpart 225-1 that is being approved with this action.
V. Incorporation by Reference
In this rule, 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 the
provisions described above in Section IV of this action. EPA has made,
and will continue to make, these materials generally available through
https://www.regulations.gov and at the EPA Region 2 Office (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 EPA for inclusion in the State
Implementation Plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the Clean Air Act as of the effective date of the final rulemaking
of EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. 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 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.
[[Page 42591]]
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 22, 2018. 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, Sulfur oxides.
Dated: August 8, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
40 CFR part 52 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 (c) is amended by revising
two entries entitled ``Title 6, Part 200, Subpart 200.1'' and ``Title
6, Part 225, Subpart 225-1'' to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Comments
----------------------------------------------------------------------------------------------------------------
Title 6, Part 200, Subpart 200.1 General Provisions, 4/5/2013 8/23/2018 The word odor is
Definitions. removed 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 225, Subpart 225-1 Fuel Composition and 4/5/2013 8/23/2018 Exceptions or
Use-Sulfur Variances adopted by
Limitations. the State pursuant to
Sec. Sec. 225.1.3
and 1.4(b) become
applicable only if
approved by EPA as SIP
revisions (40 CFR
52.1675(e)).
EPA approval
finalized at [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 52.1675 by:
0
a. Removing and reserving paragraph (d);
0
b. Revising paragraph (e); and
0
c. Removing paragraphs (f) and (g).
[[Page 42592]]
The revisions read as follows:
Sec. 52.1675 Control strategy and regulations: Sulfur oxides.
* * * * *
(d) [Reserved]
(e) Any exception or variance promulgated by the Commissioner under
6 NYCRR Sections 225-1.3 and 1.4(b) shall not exempt any person from
the requirements otherwise imposed by 6 NYCRR Subpart 225-1; provided
that the Administrator may approve such exception or variance as a plan
revision when the provisions of this part, section 110 (a)(3)(A) of the
Act, and 40 CFR part 51 (relating to approval of and revisions to State
implementation plans) have been satisfied with respect to such
exception or variance.
[FR Doc. 2018-18115 Filed 8-22-18; 8:45 am]
BILLING CODE 6560-50-P
