Approval and Promulgation of Implementation Plans; New York; Infrastructure Requirements for the 2015 Ozone National Air Quality Standards, 49252-49253 [2021-18989]
Download as PDF
<![CDATA[
49252
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
requirements of section 182 of the Clean
Air Act.
I. What is the background for this
action?
[FR Doc. 2021–18983 Filed 9–1–21; 8:45 am]
Section 110(a) of the CAA requires
each state adopt and submit for
approval into the SIP a plan for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA. On July 1, 2021
(86 FR 35034), the EPA published a
Notice of Proposed Rulemaking that
proposed to approve elements of the SIP
submission from the State of New York,
submitted to EPA on September 25,
2018 and July 10, 2019, as
demonstrating that the State had the
necessary authority and resources to
implement the infrastructure
requirements of the 2015 ozone
NAAQS. As explained in the proposal,
the EPA is not addressing section
110(a)(2)(I) in this action, as Part D
plans for nonattainment areas are
subject to a different submission
schedule than infrastructure SIPs, and
the EPA will take action on Part D plans
when submitted through a separate
process. As also explained in the
proposal, the EPA is not addressing the
visibility portion of 110(a)(2)(J), as there
are no new visibility protection
obligations under the 2015 Ozone
NAAQS. Additionally, as explained in
the proposal, the EPA will act on
section 110(a)(2)(D)(i)(I) (commonly
referred to as prongs 1 and 2) in a
separate notice at a later date.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2020–0301; FRL–8907–02–
R2]
Approval and Promulgation of
Implementation Plans; New York;
Infrastructure Requirements for the
2015 Ozone National Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
submitted by the State of New York to
demonstrate that the State meets the
requirements of certain sections of the
Clean Air Act (CAA) for the 2015 ozone
National Ambient Air Standards
(NAAQS).
SUMMARY:
This final rule is effective on
October 4, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2020–0301. All
documents in the docket are listed on
the 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.
DATES:
FOR FURTHER INFORMATION CONTACT:
lotter on DSK11XQN23PROD with RULES1
Edward J. Linky, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3764, or by email at Linky.Edward@
epa.gov.
SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews
VerDate Sep<11>2014
15:55 Sep 01, 2021
Jkt 253001
II. What comments were received in
response to the EPA’s proposed action?
EPA did not receive any comments on
the proposed approval of New York’s
2015 Infrastructure Plan revisions
published July 1, 2021 (86 FR 35034).
III. What action is the EPA taking?
The EPA is approving New York’s
September 25, 2018 and July 10, 2019,
SIP revisions as meeting the
requirements of section 110(a)(1) and (2)
infrastructure requirements of the CAA
for the 2015 ozone NAAQS, with the
exception of CAA section
110(a)(2)(D)(i)(I) (prongs 1 and 2).
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
E:\FR\FM\02SER1.SGM
02SER1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 1, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52
■
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen Dioxide,
Intergovernmental Relations, Ozone,
Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 27, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
49253
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 entries for
‘‘Section 110(a)(2)
Infrastructure Requirements for the
2015 ozone NAAQS’’ and ‘‘Section
110(a)(2)(G)
Infrastructure Requirements for the
2015 ozone NAAQS’’ at the end of the
table to read as follows:
■
§ 52.1670
*
Identification of plan.
*
*
(e) * * *
*
*
EPA–APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISION
New York
submittal date
EPA approval date
*
*
*
Section 110(a)(2) InfrastrucStatewide ...............................
ture Requirements for the
2015 Ozone NAAQS.
*
09/25/2018
*
9/2/2021, [insert Federal
Register citation].
Section 110(a)(2)(G) Infrastructure Requirements for
the 2015 Ozone NAAQS.
07/10/2019
9/2/2021, [insert Federal
Register citation].
Action/SIP element
Applicable geographic or
nonattainment area
Statewide ...............................
[FR Doc. 2021–18989 Filed 9–1–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R07–UST–2021–0345; FRL–8775–02–
R7]
Kansas: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or Act), the Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
of Kansas’s Underground Storage Tank
(UST) program submitted by the Kansas
Department of Health and Environment
(KDHE). This action also codifies EPA’s
approval of Kansas’s State program and
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:55 Sep 01, 2021
Jkt 253001
incorporates by reference those
provisions of the State regulations that
we have determined meet the
requirements for approval. The
provisions will be subject to EPA’s
inspection and enforcement authorities
under sections 9005 and 9006 of RCRA
Subtitle I and other applicable statutory
and regulatory provisions.
DATES: This rule is effective November
1, 2021, unless EPA receives adverse
comment by October 4, 2021. If EPA
receives adverse comments, it will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. The
incorporation by reference of certain
publications listed in the regulations is
approved by the Director of the Federal
Register, as of November 1, 2021, in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: mance.cassandra@epa.gov.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Explanation
*
*
Full approval. This action addresses the following CAA
elements: 110(a)(2)(A), (B),
(C), (D)(i)(II), (D)(ii), (E),
(F), (H), (J), (K), (L), (M).
Full approval.
Instructions: Direct your comments to
Docket ID No. EPA–R07–UST–2021–
0345. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or email. The
Federal https://www.regulations.gov
website is an ‘‘anonymous access’’
system, which means the EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to the EPA
without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
E:\FR\FM\02SER1.SGM
02SER1
]]>Agencies
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49252-49253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18989]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2020-0301; FRL-8907-02-R2]
Approval and Promulgation of Implementation Plans; New York;
Infrastructure Requirements for the 2015 Ozone National Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) submitted by the State of
New York to demonstrate that the State meets the requirements of
certain sections of the Clean Air Act (CAA) for the 2015 ozone National
Ambient Air Standards (NAAQS).
DATES: This final rule is effective on October 4, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2020-0301. All documents in the docket are
listed on the 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: Edward J. Linky, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3764, or by email at [email protected].
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
Section 110(a) of the CAA requires each state adopt and submit for
approval into the SIP a plan for the implementation, maintenance and
enforcement of each NAAQS promulgated by EPA. On July 1, 2021 (86 FR
35034), the EPA published a Notice of Proposed Rulemaking that proposed
to approve elements of the SIP submission from the State of New York,
submitted to EPA on September 25, 2018 and July 10, 2019, as
demonstrating that the State had the necessary authority and resources
to implement the infrastructure requirements of the 2015 ozone NAAQS.
As explained in the proposal, the EPA is not addressing section
110(a)(2)(I) in this action, as Part D plans for nonattainment areas
are subject to a different submission schedule than infrastructure
SIPs, and the EPA will take action on Part D plans when submitted
through a separate process. As also explained in the proposal, the EPA
is not addressing the visibility portion of 110(a)(2)(J), as there are
no new visibility protection obligations under the 2015 Ozone NAAQS.
Additionally, as explained in the proposal, the EPA will act on section
110(a)(2)(D)(i)(I) (commonly referred to as prongs 1 and 2) in a
separate notice at a later date.
II. What comments were received in response to the EPA's proposed
action?
EPA did not receive any comments on the proposed approval of New
York's 2015 Infrastructure Plan revisions published July 1, 2021 (86 FR
35034).
III. What action is the EPA taking?
The EPA is approving New York's September 25, 2018 and July 10,
2019, SIP revisions as meeting the requirements of section 110(a)(1)
and (2) infrastructure requirements of the CAA for the 2015 ozone
NAAQS, with the exception of CAA section 110(a)(2)(D)(i)(I) (prongs 1
and 2).
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other
[[Page 49253]]
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 1, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone,
Reporting and recordkeeping requirements, Volatile Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 27, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. In Sec. 52.1670, the table in paragraph (e) is amended by adding
entries for ``Section 110(a)(2)
Infrastructure Requirements for the 2015 ozone NAAQS'' and
``Section 110(a)(2)(G)
Infrastructure Requirements for the 2015 ozone NAAQS'' at the end
of the table to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New York Nonregulatory and QuasI-Regulatory Provision
----------------------------------------------------------------------------------------------------------------
Applicable
Action/SIP element geographic or New York EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide.......... 09/25/2018 9/2/2021, [insert Full approval. This
Requirements for the 2015 Ozone Federal Register action addresses
NAAQS. citation]. the following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(H), (J), (K),
(L), (M).
Section 110(a)(2)(G) Statewide.......... 07/10/2019 9/2/2021, [insert Full approval.
Infrastructure Requirements for Federal Register
the 2015 Ozone NAAQS. citation].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2021-18989 Filed 9-1-21; 8:45 am]
BILLING CODE 6560-50-P
