Approval of Air Quality Implementation Plans; New York; Infrastructure SIP Requirements for the 2012 PM2.5, 44209-44210 [2020-14626]
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Rules and Regulations
Court of Appeals for the appropriate
circuit by September 21, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 26, 2020.
John Busterud,
Regional Administrator, Region IX.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(457)(i)(H)(2) and
(c)(535) to read as follows:
■
Identification of plan-in part.
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*
*
*
*
*
(c) * * *
(457) * * *
(i) * * *
(H) * * *
(2) Previously approved on October 6,
2016 in paragraph (c)(457)(i)(H)(1) of
this section and now deleted with
replacement in (c)(535)(i)(A)(1), Rule
4901, ‘‘Wood Burning Fireplaces and
Wood Burning Heaters,’’ amended on
September 18, 2014.
*
*
*
*
*
(535) A new regulation for the
following APCD was submitted on July
22, 2019 by the Governor’s designee as
an attachment to a letter dated July 19,
2019.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4901, ‘‘Wood Burning
Fireplaces and Wood Burning Heaters,’’
amended on June 20, 2019.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2018–0647; FRL–10011–
41–Region 2]
Approval of Air Quality Implementation
Plans; New York; Infrastructure SIP
Requirements for the 2012 PM2.5
NAAQS; Interstate Transport
Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
the New York State Implementation
Plan (SIP) submittal regarding
infrastructure requirements for
interstate transport of pollution with
respect to the 2012 annual fine
particulate matter (PM2.5) National
Ambient Air Quality Standard (NAAQS)
or standard.
DATES: This final rule is effective August
21, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2018–0647 at
https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kenneth Fradkin, Environmental
Protection Agency, Region 2 Office, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3702, or by email at
fradkin.kenneth@epa.gov.
SUMMARY:
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
§ 52.220
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
I. What is the background for this
action?
Under section 110(a)(1) of the Clean
Air Act (CAA), each state is required to
submit a State Implementation Plan
(SIP) that provides for the
implementation, maintenance, and
enforcement of a revised primary or
secondary National Ambient Air Quality
Standards (NAAQS or standard) within
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
44209
three years after the EPA promulgates a
new or revised NAAQS. This type of SIP
submission is commonly referred to as
an ‘‘infrastructure SIP.’’ CAA section
110(a)(2) lists the specific infrastructure
elements that a SIP must contain or
satisfy.
On April 30, 2020 (84 FR 23938), the
EPA published a Notice of Proposed
Rulemaking (NPR) that proposed to
approve elements of the 2012 PM2.5
infrastructure SIP submission from the
State of New York, received on
November 30, 2016. Specifically, the
EPA proposed to approve the portion of
the submission addressing the interstate
transport provisions for the 2012 PM2.5
NAAQS under CAA section
110(a)(2)(D)(i)(I), otherwise known as
the ‘‘good neighbor’’ provision.
Other detailed information relevant to
this action on New York’s infrastructure
SIP submission, including infrastructure
requirements concerning interstate
transport provisions and the rationale
for EPA’s approval, is included in the
NPR and the associated Technical
Support Document (TSD), available in
the docket, and is not restated here.
II. What comments were received in
response to the EPA’s proposed action?
The EPA did not receive any
comments on the April 30, 2020
proposed approval of New York’s
infrastructure SIP submission, dated
November 30, 2016, addressing the
interstate transport provisions for the
2012 PM2.5 NAAQS.
III. What action is EPA taking?
The EPA is approving the portions of
New York’s November 30, 2016 SIP
submittal addressing interstate transport
for the 2012 annual PM2.5 NAAQS as
meeting the requirements in section
110(a)(2)(D)(i)(I) of the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
E:\FR\FM\22JYR1.SGM
22JYR1
44210
Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Rules and Regulations
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
this action does not involve technical
standards; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this final rule, addressing
New York’s interstate transport
requirements for the 2012 annual PM2.5
NAAQS, is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 21,
2020. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 30, 2020.
Peter Lopez,
Regional Administrator, Region 2.
For the reasons stated in the
preamble, EPA amends Part 52 chapter
I, title 40 of the Code of Federal
Regulations as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart HH—New York
2. In § 52.1670, the table in paragraph
(e) is amended by adding an entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2012 PM2.5
NAAQS, Interstate Transport
Provisions’’ at the end of the table to
read as follows:
■
§ 52.1670
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Action/SIP element
*
Section 110(a)(2) Infrastructure Requirements
for the 2012 PM2.5
NAAQS, Interstate
Transport Provisions.
Applicable
geographic or
nonattainment
area
New York
submittal date
*
Statewide ..........
*
11/30/2016
EPA approval date
*
7/22/20, [insert Federal
Register citation].
Explanation
*
*
*
This action addresses the following CAA elements:
110(a)(2)(D)(i)(I) prongs 1 and 2.
[FR Doc. 2020–14626 Filed 7–21–20; 8:45 am]
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]]>Agencies
[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44209-44210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14626]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2018-0647; FRL-10011-41-Region 2]
Approval of Air Quality Implementation Plans; New York;
Infrastructure SIP Requirements for the 2012 PM2.5 NAAQS; Interstate
Transport Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of the New York State Implementation Plan (SIP) submittal
regarding infrastructure requirements for interstate transport of
pollution with respect to the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS) or
standard.
DATES: This final rule is effective August 21, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2018-0647 at https://www.regulations.gov.
Although listed in the index, some information is not publicly
available, e.g., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Environmental
Protection Agency, Region 2 Office, 290 Broadway, New York, New York
10007-1866, at (212) 637-3702, or by email at [email protected].
I. What is the background for this action?
Under section 110(a)(1) of the Clean Air Act (CAA), each state is
required to submit a State Implementation Plan (SIP) that provides for
the implementation, maintenance, and enforcement of a revised primary
or secondary National Ambient Air Quality Standards (NAAQS or standard)
within three years after the EPA promulgates a new or revised NAAQS.
This type of SIP submission is commonly referred to as an
``infrastructure SIP.'' CAA section 110(a)(2) lists the specific
infrastructure elements that a SIP must contain or satisfy.
On April 30, 2020 (84 FR 23938), the EPA published a Notice of
Proposed Rulemaking (NPR) that proposed to approve elements of the 2012
PM2.5 infrastructure SIP submission from the State of New
York, received on November 30, 2016. Specifically, the EPA proposed to
approve the portion of the submission addressing the interstate
transport provisions for the 2012 PM2.5 NAAQS under CAA
section 110(a)(2)(D)(i)(I), otherwise known as the ``good neighbor''
provision.
Other detailed information relevant to this action on New York's
infrastructure SIP submission, including infrastructure requirements
concerning interstate transport provisions and the rationale for EPA's
approval, is included in the NPR and the associated Technical Support
Document (TSD), available in the docket, and is not restated here.
II. What comments were received in response to the EPA's proposed
action?
The EPA did not receive any comments on the April 30, 2020 proposed
approval of New York's infrastructure SIP submission, dated November
30, 2016, addressing the interstate transport provisions for the 2012
PM2.5 NAAQS.
III. What action is EPA taking?
The EPA is approving the portions of New York's November 30, 2016
SIP submittal addressing interstate transport for the 2012 annual
PM2.5 NAAQS as meeting the requirements in section
110(a)(2)(D)(i)(I) of the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735,
[[Page 44210]]
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this final rule, addressing New York's interstate
transport requirements for the 2012 annual PM2.5 NAAQS, is
not approved to apply on any Indian reservation land or in any other
area where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian country, the rule does not have
tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 21, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 30, 2020.
Peter Lopez,
Regional Administrator, Region 2.
For the reasons stated in the preamble, EPA amends Part 52 chapter
I, title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart HH--New York
0
2. In Sec. 52.1670, the table in paragraph (e) is amended by adding an
entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012
PM2.5 NAAQS, Interstate Transport Provisions'' at the end of
the table to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable geographic New York
Action/SIP element or nonattainment area submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide............. 11/30/2016 7/22/20, [insert This action addresses
Infrastructure Requirements Federal Register the following CAA
for the 2012 PM2.5 NAAQS, citation]. elements:
Interstate Transport 110(a)(2)(D)(i)(I)
Provisions. prongs 1 and 2.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-14626 Filed 7-21-20; 8:45 am]
BILLING CODE 6560-50-P
