Approval and Promulgation of Implementation Plans; New York; Particulate Matter Control Strategy, 36481-36485 [2023-11684]
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules and Regulations
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
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I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
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environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
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, the
EPA’s role is to review state choices,
and approve those choices if they meet
the minimum criteria of the Act.
Accordingly, this final action is
finalizing a limited approval and
limited disapproval of state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law.
The State did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
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 August 4, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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 oxides, Ozone, Reporting and
recordkeeping requirements.
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36481
Dated: May 26, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the Environmental Protection
Agency 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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(202)(i)(B)(3) and
(c)(520)(i)(B)(2) to read as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(202) * * *
(i) * * *
(B) * * *
(3) Previously approved on July 20,
1999, in paragraph (c)(202)(i)(B)(1) of
this section and now deleted with
replacement in (c)(520)(i)(B)(2): Rule
425.3, adopted on October 13, 1994.
*
*
*
*
*
(520) * * *
(i) * * *
(B) * * *
(2) Rule 425.3, ‘‘Portland Cement
Kilns (Oxides of Nitrogen),’’ amended
on March 8, 2018.
*
*
*
*
*
[FR Doc. 2023–11850 Filed 6–2–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2022–0321, FRL–10144–
02–R2]
Approval and Promulgation of
Implementation Plans; New York;
Particulate Matter Control Strategy
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the New York State Implementation
Plan (SIP) for the purposes of
implementing controls of air pollution
by particulate matter (PM). The SIP
revision consists of amendments to
existing regulations outlined within
SUMMARY:
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New York’s Codes, Rules, and
Regulations (NYCRR) that impose
control measures for sources of PM.
This action is being taken in accordance
with the requirements of the Clean Air
Act.
DATES: This final rule is effective July 5,
2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2022–0321. 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:
Fausto Taveras, Environmental
Protection Agency, Region 2, Air
Programs Branch, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3378, or by email at
Taveras.Fausto@epa.gov.
SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION section is
arranged as follows:
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I. What is the background for these actions?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for these
actions?
On September 20, 2022, the EPA
published a Notice of Proposed
Rulemaking that proposed to approve
revisions to the New York SIP submitted
by the State of New York on March 26,
2021. See 87 FR 57429. This SIP
revision includes revisions to an
existing regulation, Title 6 of the New
York Codes, Rules, and Regulations
(NYCRR) Subpart 227–1, ‘‘Stationary
Combustion Installations,’’ with a State
effective date of February 25, 2021.
These revisions are applicable statewide
and establish PM emission standards for
existing and new stationary combustion
installations.1
New York’s revisions to Subpart 227–
1 include additional control strategies
that will reduce PM emissions from
1 The attendant revisions to 6 NYCRR Part 200,
‘‘General Provisions,’’ section 200.9, ‘‘Referenced
material,’’ Table 1, for 6 NYCRR Subpart 227–1 has
been addressed under a separate rulemaking at 87
FR 52337, effective September 26, 2022.
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major sources throughout the State. The
EPA is approving New York’s SIP
submittal which applies to major
sources of PM, as a SIP-strengthening
measure for New York’s SIP.
The specific details of New York’s SIP
submittals and rationale for the EPA’s
proposed approval are explained in the
EPA’s proposed rulemaking and are not
restated in this final action. For this
detailed information, the reader is
referred to the EPA’s September 20,
2022, proposed rulemaking. See 87 FR
57429.
II. What comments were received in
response to the EPA’s proposed action?
In response to EPA’s September 20,
2022, proposed rulemaking on New
York’s SIP revisions, the EPA received
four comments during the 30-day public
comment period. The specific
comments may be viewed under Docket
ID Number EPA–R02–OAR–2022–0321
on the https://regulations.gov website.
The first two comments, received on
October 17, 2022, and October 19, 2022,
were supportive of EPA’s proposed
action to approve New York’s revisions
of NYCRR Subpart 227–1, ‘‘Stationary
Combustion Installations,’’ into New
York’s SIP. A summary of the remaining
two comments and the EPA’s response
are provided in this section.
Comment 3: The third comment,
received on October 20, 2022, was
submitted by an anonymous commenter
from the University of Washington
School of Law. The commenter voices
support by stating that ‘‘. . . the EPA
proposal to approve revisions to the
New York State Implementation Plan
(SIP) is tailored enough in this situation
. . . under the SIP, we see a careful and
deliberate plan of limiting PM emissions
for oil and solid fuel fired stationary
combustion installations.’’ The
commenter also provides suggestions to
New York’s SIP, like including a list of
all the stationary combustion
installations that will be applicable to
this regulation. The commenter is also
supportive of EPA’s proposal to
incorporate by reference the revisions
made to 6 NYCRR Subpart 227–1 into
New York’s SIP by stating that ‘‘. . .
materials like Stationary Combustion
Installations available online and
through regulations.gov website will
continue to ensure that these proposed
rules will be seen by the public.’’ The
commenter also mentions that it is
important for EPA in future actions to
note whether a rule that is finalized will
not have a direct cost on tribal
governments or preempt tribal law.
Response 3: The EPA acknowledges
the commenter’s support of the EPA’s
proposed rule. To address the
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commenter’s suggestion to have New
York’s SIP include a list of all stationary
combustion installations applicable, the
EPA reviewed NYSDEC’s SIP revision to
examine if similar comments were
addressed during the Department’s
assessment of public comments received
on the proposal of Subpart 227–1.
During the assessment period,
representatives from private businesses
also submitted a comment requesting
NYSDEC to provide an estimate of the
number of sites the revised regulation
would likely impact. NYSDEC
responded to the comment by stating
that the Department has issued permits
or registrations to 51 facilities
throughout New York State that employ
76 wood fired emission sources. New
York also states that these sources range
in size from 1.4 mmBTU/HR heat input
to 855 mmBTU/HR heat input; they
burn wood chips, hogged wood fuel,
and wood pellets. The Department also
provides the following breakdown in
their response: (1) 5 facilities with 8
emission sources were issued Title V
permits, (2) 15 facilities with 31
emission sources were issued State
Facility permits, and (3) 31 facilities
with 37 emission sources were issued
registrations. NYSDEC affirms that the
Regulatory Impact Statement (RIS) and
the Regulatory Flexibility Analysis for
Small Business and Local Governments
(RFASBLG) will also include these
emission source data. Also, NYSDEC is
not able to accurately predict the
number of future installations that may
be impacted by this regulation until that
facility applies for a permit or
registration from the Department.
Therefore, containing a list of applicable
sources under Subpart 227–1 may not
be accurate over time once facilities
retire these emission sources or apply
for new permits. The EPA plans to
ensure that the incorporation by
reference materials for New York’s SIP
revision of 6 NYCRR Subpart 227–1,
‘‘Stationary Combustion Installations,’’
will be available through https://
regulations.gov and physically at the
EPA Region 2 Office.
Comment 4: The fourth public
comment, received on October 19, 2022,
was submitted by a New Jersey resident
and Rutgers University Human Ecology
undergraduate. The commenter
acknowledges the prospective benefits
from the EPA’s intervention in New
York’s SIP. However, the commenter
voices concern over Sections 227–1.3
and Section 227–1.4 of New York’s
revision to 6 NYCRR Subpart 227–1.
Regarding Section 227–1.3, the
commenter mentions that ‘‘. . . there
should be more maintenance
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requirements besides providing an
annual tune-up of equipment. Bi-annual
or quarterly checks would be a stronger
form of preventative maintenance that
could lead to less repair costs from
continuous use of stationary combustion
installation.’’ Thus, the commenter
requests that EPA considers issuing a
Federal Implementation Plan (FIP) to
‘‘. . . execute more stringent regulations
concerning monitoring practices in
applicable sites.’’
Regarding Section 227–1.4, the
commenter mentions that ‘‘. . . even
with the inclusion of Continuous
Opacity Monitoring Systems (COMS),
27% opacity limit for 6 minutes per
hour is not a feasible attainment plan
when considering the proximity of nonattainment industries that contribute to
PM emissions in New York . . . the
compounding impacts of multiple
industries operating at this increased
level can have substantial effects on
primary and secondary standards over
time.’’ The commenter also mentions
that EPA should consider researching
what the additional reductions in
emission there would be if there were
no 27% opacity limits for a 6-minute
period every hour.
Response 4: In this action, EPA is
approving New York’s SIP submission
that revises existing provisions in rules
the State’s statewide SIP as a SIPstrengthening measure. In this action,
EPA is not determining whether these
provisions satisfy specific
nonattainment planning obligations
under the CAA for purposes of the PM2.5
NAAQS. Rather, EPA is approving these
New York regulations into the SIP
pursuant to CAA section 110(k)(3),
which states that EPA ‘‘shall approve [a
SIP] submittal as a whole if it meets all
the applicable requirements of this
chapter.’’ Because this SIP revision
relates to emission controls for criteria
pollutants and strengthens the
preexisting requirements in the New
York SIP, EPA has determined it is
appropriate to approve the SIP revision.
The EPA does not agree with the
commenter that more maintenance
requirements besides providing an
annual tune-up of equipment are
necessary. In its own response to
comments, NYSDEC noted that the
manufacturer specifications outline that
boilers require an annual inspection and
periodic maintenance, regardless of how
frequently those boilers are monitored.
The Department concluded that the
annual tune-up requirement will satisfy
the manufacturer’s recommended
annual inspection and maintenance
procedures and ensure that those
procedures are followed and performed
by the owner or operators of these
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impacted units. Therefore, the EPA
finds no basis to disapprove New York’s
SIP submittal solely on grounds that
boilers should have more maintenance
requirements besides annual tune-up of
equipment.
The EPA also reviewed NYSDEC’s SIP
revision of 6 NYCRR Subpart 227–1,
‘‘Stationary Combustion Installations,’’
to examine if similar comments
regarding the commenter’s opacity
concerns arose during the Department’s
assessment of public comments.
Following that review, the EPA
identified that no other comments were
submitted that urged the Department to
incorporate more stringent opacity
limits than those adopted within the
revision. Within New York’s SIP
submittal, the Department indicated that
the purpose of this SIP revision is to
impose stringent particulate matter
emission limits on existing and new
stationary combustion installations that
either predate, or are not subject to, a
federal New Source Performance
Standard (NSPS) and/or National
Emission Standards for Hazardous Air
Pollutants (NESHAP). Essentially, the
purpose of this revision to Subpart 227–
1 is to impose particulate matter and
opacity standards on a larger universe of
stationary combustion installations that
are not currently subject to any federal
NSPS or NESHAP. To address the
commenter’s concern regarding the
opacity limits adopted in this rule, the
EPA reviewed the opacity requirements
listed within various NSPS and
NESHAPs that also applied to stationary
combustion installation sources
applicable to New York’s rule. The EPA
reviewed these federal opacity
standards and compared them with the
opacity limits outlined within Subpart
227–1 to determine if the opacity
requirements included in this SIP
would meet or exceed those already
enforced on a federal standard.
In EPA’s review, existing federal
NSPS impose similar opacity
requirements for Electric Utility Steam
Generating Units and for IndustrialCommercial-Institutional Steam
Generating Units.2 New York’s revised
Subpart 227–1 contains a lower
applicability threshold and thus
imposes the opacity and PM standards
on a larger universe of sources. The
lower applicability threshold will
2 Owners or operators of affected units subject to
either 40 CFR part 60 subpart Da and Db shall not
cause to be discharged into the atmosphere any
gases which exhibit greater than 20 percent opacity
(6-minute average), expect for one 6-minute period
per hour of not more than 27 percent opacity. See
https://www.ecfr.gov/current/title-40/chapter-I/
subchapter-C/part-60/subpart-Da and https://
www.ecfr.gov/current/title-40/chapter-I/subchapterC/part-60/subpart-Db.
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36483
impose the PM limits on more
stationary combustion installations than
previous versions of the regulation. The
EPA is approving New York’s revisions
to Subpart 227–1 as a SIP-strengthening
measure, since this revision extends the
applicability of these opacity and PM
standards to more existing and new
stationary combustion installations than
previous iterations of the rule. On May
22, 2001, the EPA finalized approval of
additional administrative changes that
New York made to Subpart 227–1. In
this action, the EPA incorporated by
reference those administrative changes,
which included similar opacity limits as
for the purpose of enforcing New York’s
SIP. See 66 FR 28059.
Since 1972, New York has developed
and submitted SIP provisions that have
allowed the New York-N. New JerseyLong Island, NY-NJ-CT area to
demonstrate attainment of the primary
and secondary PM2.5 National Ambient
Air Quality Standards (NAAQS). See 80
FR 2206. New York’s revision to
Subpart 227–1 will continue to ensure
that stringent PM emission limits and
monitoring requirements apply to
owners or operators of stationary
combustion installations to further
reduce emissions of the precursors of
PM2.5, to help New York State continue
to maintain the current 24-hour and
Annual PM2.5 NAAQS.
This concludes our response to the
comments received. No changes have
been made to the proposed rule as a
result of the comments received.
III. What action is the EPA taking?
The EPA is approving New York’s SIP
revision submission, dated March 26,
2021, making revisions 6 NYCRR
Subpart 227–1, ‘‘Stationary Combustion
Installations,’’ as SIP-strengthening.
This approval of the revisions will
extend the requirements of 6 NYCRR
Subpart 227–1 to a broader universe of
sources by changing the applicability
criteria of the existing SIP emission
limits. EPA has already addressed
related revisions New York made to 6
NYCRR Part 200, ‘‘General Provisions,’’
section 200.9, ‘‘Referenced material,’’
Table 1, for 6 NYCRR Subpart 227–1 in
a separate rulemaking (see 87 FR 52337,
effective September 26, 2022). These
revisions include changes to the
applicability threshold and PM
emission limits that will reduce PM2.5
emissions statewide and provide
support for New York State to continue
to maintain the current 24-hour and
Annual PM2.5 NAAQS. The EPA finds
that this submission strengthens New
York’s existing SIP.
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IV. Incorporation by Reference
In this document, the 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 6 NYCRR Subpart 227–
1, ‘‘Stationary Combustion
Installations’’, the regulation described
in the amendments to 40 CFR part 52 as
discussed in Section I. and III. of this
preamble. The EPA has made and will
continue to make these materials
generally available through https://
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 New
York’s SIP, have been incorporated by
reference by EPA into that SIP, and are
fully federally enforceable under
sections 110 and 113 of the CAA 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.3
V. 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.
See 42 U.S.C. 7410(k); see also 40 CFR
52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided they meet the
criteria of the CAA. Accordingly, this
action merely proposes to approve state
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
state law. For that reason, this final
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), 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);
3 62
FR 27968 (May 22, 1997).
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• 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.
In addition, the SIP 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
any substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences.’’
The NYSDEC did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
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people of color, low-income
populations, and Indigenous peoples.
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 4, 2023.
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,
Incorporation by Reference, Particulate
matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended 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
(c) is amended by revising the entry
‘‘Title 6, Part 227, Subpart 227–1’’ to
read as follows:
■
E:\FR\FM\05JNR1.SGM
05JNR1
36485
Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules and Regulations
§ 52.1670
*
Identification of plan.
*
*
*
(c) * * *
*
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
Title/subject
*
*
Title 6, Part 227, Subpart 227–1
*
Stationary Combustion Installations.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 416, 418, 441, 460, 482,
483, 484, 485, 486, 491, and 494
[CMS–3415–F, CMS–3414–F, CMS–3401–F]
RIN 0938–AU75, 0938–AU57, 0938–AU33
Medicare and Medicaid Programs;
Policy and Regulatory Changes to the
Omnibus COVID–19 Health Care Staff
Vaccination Requirements; Additional
Policy and Regulatory Changes to the
Requirements for Long-Term Care
(LTC) Facilities and Intermediate Care
Facilities for Individuals With
Intellectual Disabilities (ICFs–IID) To
Provide COVID–19 Vaccine Education
and Offer Vaccinations to Residents,
Clients, and Staff; Policy and
Regulatory Changes to the Long Term
Care Facility COVID–19 Testing
Requirements
Centers for Medicare and
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule.
AGENCY:
This final rule removes
expired language addressing staff and
patient COVID–19 testing requirements
for LTC Facilities issued in the interim
final rule with comment ‘‘Medicare and
Medicaid Programs, Clinical Laboratory
Improvement Amendments (CLIA), and
Patient Protection and Affordable Care
Act; Additional Policy and Regulatory
Revisions in Response to the COVID–19
Public Health Emergency’’ published in
the September 2, 2020 Federal Register.
The rule also finalizes requirements for
these facilities to provide education
about COVID–19 vaccines and to offer
SUMMARY:
VerDate Sep<11>2014
17:24 Jun 02, 2023
*
2/25/2021
*
[FR Doc. 2023–11684 Filed 6–2–23; 8:45 am]
ddrumheller on DSK120RN23PROD with RULES1
State
effective
date
State citation
Jkt 259001
*
EPA
approval
date
*
6/5/2023
I. Background
A. Introduction
On January 30, 2020, the International
Health Regulations Emergency
Committee of the World Health
Organization (WHO) declared the
‘‘coronavirus disease 2019’’ (COVID–19)
outbreak caused by ‘‘severe acute
respiratory syndrome coronavirus 2’’
(SARS–CoV–2) a ‘‘Public Health
Emergency of International Concern.’’
On January 31, 2020, pursuant to
section 319 of the Public Health Service
Act (PHSA) (42 U.S.C. 247d), the
Secretary of the Department of Health
and Human Services (Secretary)
determined that a public health
emergency (PHE) exists for the United
States. On March 11, 2020, the WHO
publicly declared COVID–19 a
pandemic. The President of the United
States declared the COVID–19 pandemic
a national emergency on March 13,
2020. Pursuant to section 319 of the
Frm 00025
Fmt 4700
*
*
• EPA approved finalized at [insert Federal
Register citation].
*
COVID–19 vaccines to residents, clients,
and staff. In addition, the rule
withdraws the regulations in the interim
final rule with comment (IFC)
‘‘Omnibus COVID–19 Health Care Staff
Vaccination’’ published in the
November 5, 2021 Federal Register, and
finalizes certain provisions of the
‘‘COVID–19 Vaccine Requirements for
Long-Term Care (LTC) Facilities and
Intermediate Care Facilities for
Individuals with Intellectual Disabilities
(ICFs–IID) Residents, Clients, and Staff’’
IFC, published in the May 13, 2021
Federal Register.
DATES: The regulations in this final rule
are effective on August 4, 2023.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: CMS Office of
Communications, Department of Health
and Human Services, press@
cms.hhs.gov.
For technical inquiries: CMS Center
for Clinical Standards and Quality,
Department of Health and Human
Services, (410)786–6633.
SUPPLEMENTARY INFORMATION:
PO 00000
Comments
Sfmt 4700
*
*
PHSA, the determination that a PHE
continues to exist may be renewed at
the end of each 90-day period.1 The
initial determination that a PHE for
COVID–19 exists and had existed since
January 27, 2020, lasted for 90 days, and
was renewed by the Secretary on April
21, 2020; July 23, 2020; October 2, 2020;
January 7, 2021; April 15, 2021; July 19,
2021; October 15, 2021; January 14,
2022; April 12, 2022; July 15, 2022;
October 13, 2022; January 11, 2023; and
February 9, 2023.2 The COVID–19 PHE
expired on May 11, 2023.
COVID–19 has had significant
negative health effects on individuals,
communities, and the nation as a whole.
Over a year ago, in September 2021,
COVID–19 overtook the 1918 influenza
pandemic as the deadliest disease in
American history.3 According to the
Centers for Disease Control and
Prevention (CDC), just over 6 million
patients admitted to hospitals in the
United States have been confirmed
positive with COVID–19 infection since
August 1, 2020, and approximately 1.1
million COVID–19 deaths have been
reported in the United States as of April
14, 2023. In light of our responsibility
to protect the health and safety of
individuals receiving care and services
from Medicare- and Medicaid-certified
providers and suppliers, and CMS’
statutory authority, as outlined in
section I.E. of this final rule, to establish
health and safety regulations, we have
been compelled to act throughout the
COVID–19 pandemic. While a
comprehensive discussion of CMS’
regulatory responses during the PHE is
outside the scope and purpose of this
final rule, we note that CMS issued
several interim final rules with
comment periods (IFCs) during the
COVID–19 PHE to help minimize the
1 https://aspr.hhs.gov/legal/PHE/Pages/PublicHealth-Emergency-Declaration.aspx.
2 https://aspr.hhs.gov/legal/PHE/Pages/
default.aspx.
3 https://www.statnews.com/2021/09/20/covid19-set-to-overtake-1918-spanish-flu-as-deadliestdisease-in-american-history/.
E:\FR\FM\05JNR1.SGM
05JNR1
]]>Agencies
[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36481-36485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11684]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2022-0321, FRL-10144-02-R2]
Approval and Promulgation of Implementation Plans; New York;
Particulate Matter Control Strategy
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) for the
purposes of implementing controls of air pollution by particulate
matter (PM). The SIP revision consists of amendments to existing
regulations outlined within
[[Page 36482]]
New York's Codes, Rules, and Regulations (NYCRR) that impose control
measures for sources of PM. This action is being taken in accordance
with the requirements of the Clean Air Act.
DATES: This final rule is effective July 5, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2022-0321. 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: Fausto Taveras, Environmental
Protection Agency, Region 2, Air Programs Branch, 290 Broadway, New
York, New York 10007-1866, at (212) 637-3378, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: The Supplementary Information section is
arranged as follows:
I. What is the background for these actions?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for these actions?
On September 20, 2022, the EPA published a Notice of Proposed
Rulemaking that proposed to approve revisions to the New York SIP
submitted by the State of New York on March 26, 2021. See 87 FR 57429.
This SIP revision includes revisions to an existing regulation, Title 6
of the New York Codes, Rules, and Regulations (NYCRR) Subpart 227-1,
``Stationary Combustion Installations,'' with a State effective date of
February 25, 2021. These revisions are applicable statewide and
establish PM emission standards for existing and new stationary
combustion installations.\1\
---------------------------------------------------------------------------
\1\ The attendant revisions to 6 NYCRR Part 200, ``General
Provisions,'' section 200.9, ``Referenced material,'' Table 1, for 6
NYCRR Subpart 227-1 has been addressed under a separate rulemaking
at 87 FR 52337, effective September 26, 2022.
---------------------------------------------------------------------------
New York's revisions to Subpart 227-1 include additional control
strategies that will reduce PM emissions from major sources throughout
the State. The EPA is approving New York's SIP submittal which applies
to major sources of PM, as a SIP-strengthening measure for New York's
SIP.
The specific details of New York's SIP submittals and rationale for
the EPA's proposed approval are explained in the EPA's proposed
rulemaking and are not restated in this final action. For this detailed
information, the reader is referred to the EPA's September 20, 2022,
proposed rulemaking. See 87 FR 57429.
II. What comments were received in response to the EPA's proposed
action?
In response to EPA's September 20, 2022, proposed rulemaking on New
York's SIP revisions, the EPA received four comments during the 30-day
public comment period. The specific comments may be viewed under Docket
ID Number EPA-R02-OAR-2022-0321 on the https://regulations.gov website.
The first two comments, received on October 17, 2022, and October 19,
2022, were supportive of EPA's proposed action to approve New York's
revisions of NYCRR Subpart 227-1, ``Stationary Combustion
Installations,'' into New York's SIP. A summary of the remaining two
comments and the EPA's response are provided in this section.
Comment 3: The third comment, received on October 20, 2022, was
submitted by an anonymous commenter from the University of Washington
School of Law. The commenter voices support by stating that ``. . . the
EPA proposal to approve revisions to the New York State Implementation
Plan (SIP) is tailored enough in this situation . . . under the SIP, we
see a careful and deliberate plan of limiting PM emissions for oil and
solid fuel fired stationary combustion installations.'' The commenter
also provides suggestions to New York's SIP, like including a list of
all the stationary combustion installations that will be applicable to
this regulation. The commenter is also supportive of EPA's proposal to
incorporate by reference the revisions made to 6 NYCRR Subpart 227-1
into New York's SIP by stating that ``. . . materials like Stationary
Combustion Installations available online and through regulations.gov
website will continue to ensure that these proposed rules will be seen
by the public.'' The commenter also mentions that it is important for
EPA in future actions to note whether a rule that is finalized will not
have a direct cost on tribal governments or preempt tribal law.
Response 3: The EPA acknowledges the commenter's support of the
EPA's proposed rule. To address the commenter's suggestion to have New
York's SIP include a list of all stationary combustion installations
applicable, the EPA reviewed NYSDEC's SIP revision to examine if
similar comments were addressed during the Department's assessment of
public comments received on the proposal of Subpart 227-1. During the
assessment period, representatives from private businesses also
submitted a comment requesting NYSDEC to provide an estimate of the
number of sites the revised regulation would likely impact. NYSDEC
responded to the comment by stating that the Department has issued
permits or registrations to 51 facilities throughout New York State
that employ 76 wood fired emission sources. New York also states that
these sources range in size from 1.4 mmBTU/HR heat input to 855 mmBTU/
HR heat input; they burn wood chips, hogged wood fuel, and wood
pellets. The Department also provides the following breakdown in their
response: (1) 5 facilities with 8 emission sources were issued Title V
permits, (2) 15 facilities with 31 emission sources were issued State
Facility permits, and (3) 31 facilities with 37 emission sources were
issued registrations. NYSDEC affirms that the Regulatory Impact
Statement (RIS) and the Regulatory Flexibility Analysis for Small
Business and Local Governments (RFASBLG) will also include these
emission source data. Also, NYSDEC is not able to accurately predict
the number of future installations that may be impacted by this
regulation until that facility applies for a permit or registration
from the Department. Therefore, containing a list of applicable sources
under Subpart 227-1 may not be accurate over time once facilities
retire these emission sources or apply for new permits. The EPA plans
to ensure that the incorporation by reference materials for New York's
SIP revision of 6 NYCRR Subpart 227-1, ``Stationary Combustion
Installations,'' will be available through https://regulations.gov and
physically at the EPA Region 2 Office.
Comment 4: The fourth public comment, received on October 19, 2022,
was submitted by a New Jersey resident and Rutgers University Human
Ecology undergraduate. The commenter acknowledges the prospective
benefits from the EPA's intervention in New York's SIP. However, the
commenter voices concern over Sections 227-1.3 and Section 227-1.4 of
New York's revision to 6 NYCRR Subpart 227-1. Regarding Section 227-
1.3, the commenter mentions that ``. . . there should be more
maintenance
[[Page 36483]]
requirements besides providing an annual tune-up of equipment. Bi-
annual or quarterly checks would be a stronger form of preventative
maintenance that could lead to less repair costs from continuous use of
stationary combustion installation.'' Thus, the commenter requests that
EPA considers issuing a Federal Implementation Plan (FIP) to ``. . .
execute more stringent regulations concerning monitoring practices in
applicable sites.''
Regarding Section 227-1.4, the commenter mentions that ``. . . even
with the inclusion of Continuous Opacity Monitoring Systems (COMS), 27%
opacity limit for 6 minutes per hour is not a feasible attainment plan
when considering the proximity of non-attainment industries that
contribute to PM emissions in New York . . . the compounding impacts of
multiple industries operating at this increased level can have
substantial effects on primary and secondary standards over time.'' The
commenter also mentions that EPA should consider researching what the
additional reductions in emission there would be if there were no 27%
opacity limits for a 6-minute period every hour.
Response 4: In this action, EPA is approving New York's SIP
submission that revises existing provisions in rules the State's
statewide SIP as a SIP-strengthening measure. In this action, EPA is
not determining whether these provisions satisfy specific nonattainment
planning obligations under the CAA for purposes of the PM2.5
NAAQS. Rather, EPA is approving these New York regulations into the SIP
pursuant to CAA section 110(k)(3), which states that EPA ``shall
approve [a SIP] submittal as a whole if it meets all the applicable
requirements of this chapter.'' Because this SIP revision relates to
emission controls for criteria pollutants and strengthens the
preexisting requirements in the New York SIP, EPA has determined it is
appropriate to approve the SIP revision.
The EPA does not agree with the commenter that more maintenance
requirements besides providing an annual tune-up of equipment are
necessary. In its own response to comments, NYSDEC noted that the
manufacturer specifications outline that boilers require an annual
inspection and periodic maintenance, regardless of how frequently those
boilers are monitored. The Department concluded that the annual tune-up
requirement will satisfy the manufacturer's recommended annual
inspection and maintenance procedures and ensure that those procedures
are followed and performed by the owner or operators of these impacted
units. Therefore, the EPA finds no basis to disapprove New York's SIP
submittal solely on grounds that boilers should have more maintenance
requirements besides annual tune-up of equipment.
The EPA also reviewed NYSDEC's SIP revision of 6 NYCRR Subpart 227-
1, ``Stationary Combustion Installations,'' to examine if similar
comments regarding the commenter's opacity concerns arose during the
Department's assessment of public comments. Following that review, the
EPA identified that no other comments were submitted that urged the
Department to incorporate more stringent opacity limits than those
adopted within the revision. Within New York's SIP submittal, the
Department indicated that the purpose of this SIP revision is to impose
stringent particulate matter emission limits on existing and new
stationary combustion installations that either predate, or are not
subject to, a federal New Source Performance Standard (NSPS) and/or
National Emission Standards for Hazardous Air Pollutants (NESHAP).
Essentially, the purpose of this revision to Subpart 227-1 is to impose
particulate matter and opacity standards on a larger universe of
stationary combustion installations that are not currently subject to
any federal NSPS or NESHAP. To address the commenter's concern
regarding the opacity limits adopted in this rule, the EPA reviewed the
opacity requirements listed within various NSPS and NESHAPs that also
applied to stationary combustion installation sources applicable to New
York's rule. The EPA reviewed these federal opacity standards and
compared them with the opacity limits outlined within Subpart 227-1 to
determine if the opacity requirements included in this SIP would meet
or exceed those already enforced on a federal standard.
In EPA's review, existing federal NSPS impose similar opacity
requirements for Electric Utility Steam Generating Units and for
Industrial-Commercial-Institutional Steam Generating Units.\2\ New
York's revised Subpart 227-1 contains a lower applicability threshold
and thus imposes the opacity and PM standards on a larger universe of
sources. The lower applicability threshold will impose the PM limits on
more stationary combustion installations than previous versions of the
regulation. The EPA is approving New York's revisions to Subpart 227-1
as a SIP-strengthening measure, since this revision extends the
applicability of these opacity and PM standards to more existing and
new stationary combustion installations than previous iterations of the
rule. On May 22, 2001, the EPA finalized approval of additional
administrative changes that New York made to Subpart 227-1. In this
action, the EPA incorporated by reference those administrative changes,
which included similar opacity limits as for the purpose of enforcing
New York's SIP. See 66 FR 28059.
---------------------------------------------------------------------------
\2\ Owners or operators of affected units subject to either 40
CFR part 60 subpart Da and Db shall not cause to be discharged into
the atmosphere any gases which exhibit greater than 20 percent
opacity (6-minute average), expect for one 6-minute period per hour
of not more than 27 percent opacity. See https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-60/subpart-Da and
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-60/subpart-Db.
---------------------------------------------------------------------------
Since 1972, New York has developed and submitted SIP provisions
that have allowed the New York-N. New Jersey-Long Island, NY-NJ-CT area
to demonstrate attainment of the primary and secondary PM2.5
National Ambient Air Quality Standards (NAAQS). See 80 FR 2206. New
York's revision to Subpart 227-1 will continue to ensure that stringent
PM emission limits and monitoring requirements apply to owners or
operators of stationary combustion installations to further reduce
emissions of the precursors of PM2.5, to help New York State
continue to maintain the current 24-hour and Annual PM2.5
NAAQS.
This concludes our response to the comments received. No changes
have been made to the proposed rule as a result of the comments
received.
III. What action is the EPA taking?
The EPA is approving New York's SIP revision submission, dated
March 26, 2021, making revisions 6 NYCRR Subpart 227-1, ``Stationary
Combustion Installations,'' as SIP-strengthening. This approval of the
revisions will extend the requirements of 6 NYCRR Subpart 227-1 to a
broader universe of sources by changing the applicability criteria of
the existing SIP emission limits. EPA has already addressed related
revisions New York made to 6 NYCRR Part 200, ``General Provisions,''
section 200.9, ``Referenced material,'' Table 1, for 6 NYCRR Subpart
227-1 in a separate rulemaking (see 87 FR 52337, effective September
26, 2022). These revisions include changes to the applicability
threshold and PM emission limits that will reduce PM2.5
emissions statewide and provide support for New York State to continue
to maintain the current 24-hour and Annual PM2.5 NAAQS. The
EPA finds that this submission strengthens New York's existing SIP.
[[Page 36484]]
IV. Incorporation by Reference
In this document, the 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 6 NYCRR
Subpart 227-1, ``Stationary Combustion Installations'', the regulation
described in the amendments to 40 CFR part 52 as discussed in Section
I. and III. of this preamble. The EPA has made and will continue to
make these materials generally available through https://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 New York's SIP, have been incorporated by reference by EPA
into that SIP, and are fully federally enforceable under sections 110
and 113 of the CAA 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.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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. See 42 U.S.C. 7410(k); see also 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this final 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), 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 this action does not involve technical standards.
In addition, the SIP 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 any substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences.''
The NYSDEC did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
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 4, 2023. 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, Incorporation by Reference,
Particulate matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, 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
the entry ``Title 6, Part 227, Subpart 227-1'' to read as follows:
[[Page 36485]]
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State EPA
State citation Title/subject effective approval Comments
date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 6, Part 227, Subpart 227-1.... Stationary Combustion 2/25/2021 6/5/2023 EPA approved
Installations. finalized at [insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-11684 Filed 6-2-23; 8:45 am]
BILLING CODE 6560-50-P
