Approval and Promulgation of Implementation Plans; New York; Emission Statement Program, 89593-89595 [2023-28343]
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations
[FR Doc. 2023–28496 Filed 12–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2023–0175; FRL–11053–
02–R2]
khammond on DSKJM1Z7X2PROD with RULES
Approval and Promulgation of
Implementation Plans; New York;
Emission Statement Program
(212) 637–3382, or by email at
banon.ysabel@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Public Comments and EPA’s Response
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On October 4, 2023 (88 FR 68529), the
EPA published a Notice of Proposed
Rulemaking that proposed to approve a
AGENCY: Environmental Protection
State Implementation Plan (SIP)
Agency (EPA).
revision submitted by the NYSDEC on
ACTION: Final rule.
March 21, 2022, for purposes of
enhancing an existing Emission
SUMMARY: The Environmental Protection
Statement program for stationary
Agency (EPA) is approving a State
sources in New York, with a state
Implementation Plan (SIP) submitted by
effective date of December 18, 2020.
the New York State Department of
The SIP revision was submitted by
Environmental Conservation (NYSDEC)
NYSDEC to satisfy the ozone
for purposes of enhancing an existing
nonattainment provision of the Act and
emission statement program for
allows NYSDEC to more effectively plan
stationary sources in New York State.
for and attain the national ambient air
The SIP revision consists of
quality standards (NAAQS). The
amendments to regulations in New
purpose of 6 NYCRR Subpart 202–2,
York’s Codes, Rules and Regulations
‘‘Emission Statements,’’ is to establish
(NYCRR) applicable to the emission
the requirements for annual emission
statements. These provisions establish
statements filed by facilities subject to
electronic reporting requirements for
Title V operating permits under the Act.
annual emission statements filed by
These requirements are set forth in
facilities subject to Title V operating
EPA’s Air Emission Report
permits of the Act beginning in 2022
Requirements rule (AERR). See 40 CFR
(for calendar year 2021 emission
reporting). The Emission Statement rule 51 Subpart A. The SIP revision
establishes electronic reporting
also improves the EPA’s and the public
requirements for annual emission
access to facility-specific emission
statements filed by facilities subject to
related data. This action is being taken
Title V operating permits of the Act
in accordance with the requirements of
beginning in 2022 (for calendar year
the Clean Air Act (Act or CAA).
2021 emission reporting).
DATES: This final rule is effective on
The specific details of NYSDEC’s SIP
January 29, 2024.
submittal and the rationale for the EPA’s
ADDRESSES: The EPA has established a
approval action are explained in the
docket for this action under Docket ID
EPA’s proposed rulemaking and are not
Number EPA–R02–OAR–2023–0175. All restated in this final action. For this
documents in the docket are listed on
detailed information, the reader is
the https://www.regulations.gov
referred to the EPA’s October 4, 2023,
website. Although listed in the index,
proposed rulemaking. See 88 FR 68529.
some information is not publicly
II. Public Comments and EPA
available, e.g., Controlled Unclassified
Responses
Information (CUI) (formally referred to
as Confidential Business Information
In response to the EPA’s October 4,
(CBI)) or other information whose
2023, proposed rulemaking on
disclosure is restricted by statute.
NYSDEC’s SIP revision, the EPA
Certain other material, such as
received three supportive comments
copyrighted material, is not placed on
during the 30-day public comment
the internet and will be publicly
period. The specific comments may be
available only in hard copy form.
viewed under Docket ID Number EPA–
Publicly available docket materials are
R02–OAR–2023–0175 on the https://
available electronically through https:// regulations.gov website.
www.regulations.gov.
Comment 1
FOR FURTHER INFORMATION CONTACT:
One commenter indicated that by
Ysabel Banon, Air Programs Branch,
enacting policies such as this, the
Environmental Protection Agency, 290
NYSDEC can better regulate the major
Broadway, 25th Floor, New York, New
sources of air pollution and therefore
York 10007–1866, telephone number
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20:53 Dec 27, 2023
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89593
move us toward achieving the NAAQS.
Implementing an electronic submission
system for major polluters will impose
more responsibility on them to meet
these emission requirements, especially
if these companies are fined for not
doing so. Additionally, the commenter
suggested that this annual record be
made available to the public.
Response 1
The EPA acknowledges the
commenter’s support of the EPA’s
proposed rule. Title 6 NYCRR, Chapter
III, Part 202, Subpart 202–2.4(j)
indicates that the facilities may be
subject to enforcement actions,
including monetary fines for incomplete
and inaccurate emission statements. The
commenter can review it at the EPA
Docket ID number EPA–R02–OAR–
2023–0175. The EPA also recognizes the
commenter’s request for the EPA to
make the records publicly available. The
public can access the annual emission
records on NYSDEC’s website
www.dec.ny.gov/chemical/
125566.html#point.
Comment 2 & 3
Two additional public comments
were received, which were supportive
of the EPA’s proposed approval of
NYSDEC’s SIP revisions. The
commenters indicated that the revisions
to the SIP improve air quality.
Response 2 & 3
The EPA acknowledges the
commenters’ support of the EPA’s
proposed rule.
III. Final Action
The EPA is approving a SIP revision
submitted by NYSDEC on March 21,
2022, for purposes of enhancing an
existing Emission Statement program for
stationary sources in New York. The SIP
revision consists of amendments to Title
6 NYCRR, Chapter III, part 202, subpart
202–2, ‘‘Emission Statements,’’ with a
state effective date of December 18,
2020.
Based on the EPA’s review, the
Emission Statement rule contains the
necessary applicability, compliance,
enforcement, and reporting
requirements for an approvable
emission statement program.
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, the EPA is finalizing the
incorporation by reference of the 6
NYCRR Part 202, Subpart 202–2,
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations
‘‘Emission Statements,’’ regulation
described in the amendments to 40 CFR
part 52 as discussed in Section I. of this
preamble. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 2 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP
compilation.1
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V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• 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
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
19:28 Dec 27, 2023
Jkt 262001
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
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 it 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).
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 of
industrial, governmental, and
commercial operations or programs and
policies.’’
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. The 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.
PO 00000
Frm 00056
Fmt 4700
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12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and the Comptroller
General of the United States. 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 February 26,
2024. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, and
Volatile organic compounds.
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, in the table in
paragraph (c), revise the entry for ‘‘Title
6, Part 202, Subpart 202–2’’ to read as
follows:
■
§ 52.1670
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State citation
Title/subject
*
Title 6, Part 202, Subpart
202–2.
*
*
*
*
*
*
Coast Guard
46 CFR Part 2
[Docket No. USCG–2018–0538]
RIN 1625–AC55
User Fees for Inspected Towing
Vessels
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is updating
its user fees for seagoing towing vessels
that are 300 gross tons or more and
revising user fees for other inspected
towing vessels. The Coast Guard is
issuing these updates because it is
required to establish and maintain a fair
fee for its vessel inspection services and
to separate the fees for inspection
options that involve third-party auditors
and surveyors from inspection options
that do not involve third parties. Under
this final rule, owners and operators of
vessels using the Alternate Compliance
Program, Streamlined Inspection
Program, or the Towing Safety
Management System options will pay a
lower fee than vessels that use the
traditional Coast Guard inspection
option.
SUMMARY:
This final rule is effective March
27, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0538 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
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*
For
information about this document call or
email Ms. Jennifer Hnatow, Coast
Guard; telephone 202–372–1216, email
Jennifer.L.Hnatow@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
Jkt 262001
I. Abbreviations
II. Basis and Purpose
A. The Problem We Seek To Address
B. Legal Authority To Address This
Problem
C. Recent Legislation
III. Background
A. Origins of Annual Vessel Inspection
Fees
B. Current Fees for Towing Vessels Subject
to 46 CFR Subchapters I and M
IV. Discussion of Comments and Changes
V. Discussion of the Rule
A. Categories of Annual Fees
B. Amending Annual Inspection Fees for
Seagoing Towing Vessels Subject to 46
CFR Subchapter I
C. Establishing Specific Annual Inspection
Fees for Towing Vessels Subject to 46
CFR Subchapter M
D. Methodology for Calculating Fees
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
ACP Alternate Compliance Program
CAA 2022 Consolidated Appropriations Act
of 2022
CGAA 2018 Frank LoBiondo Coast Guard
Authorization Act of 2018
CG–CVC Office of Commercial Vessel
Compliance
COI Certificate of Inspection
DAPI Drug and Alcohol Program Inspector
DHS Department of Homeland Security
FR Federal Register
FRFA Final Regulatory Flexibility Analysis
FTE Full-Time Equivalent
ICR Information Collection Request
IRFA Initial Regulatory Flexibility Analysis
MISLE Marine Information for Safety and
Law Enforcement
MTSA Maritime Transportation Security
Act
NAICS North American Industry
Classification System
NPRM Notice of proposed rulemaking
PO 00000
Frm 00057
Fmt 4700
Comments
*
*
• EPA approval finalized at [insert Federal
Register citation].
*
Table of Contents for Preamble
DEPARTMENT OF HOMELAND
SECURITY
19:28 Dec 27, 2023
*
12/28/2023
SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P
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*
12/18/2020
*
[FR Doc. 2023–28343 Filed 12–27–23; 8:45 am]
ACTION:
EPA approval
date
*
Emission Statements .............
*
*
State effective
date
Sfmt 4700
*
*
OMB Office of Management and Budget
RFA Regulatory Flexibility Act
SBA Small Business Administration
§ Section
SIP Streamlined Inspection Program
SSM Sector Staffing Model
TSMS Towing Safety Management System
TVNCOE Towing Vessel National Center of
Expertise
U.S.C. United States Code
II. Basis and Purpose
In this section, the Coast Guard
identifies the problem we intend to
address, the well-established statutory
authority that enables us to issue this
final rule, and the recent legislation that
provides additional authority for this
rulemaking.
A. The Problem We Seek To Address
On June 20, 2016, the Coast Guard
published a final rule titled ‘‘Inspection
of Towing Vessels’’ (81 FR 40003), in
which we stated our plan to begin a
rulemaking for annual inspection fees
for towing vessels. The updated annual
inspection fees in this final rule reflect
the program’s costs for two options for
towing vessels to document compliance
for obtaining a Certificate of Inspection
(COI): 1 the Coast Guard option and the
Towing Safety Management System
(TSMS) option.2 As indicated in the
2016 final rule, the existing default fee
of $1,030 was identified as the annual
inspection fee for towing vessels subject
to 46 CFR subchapter M until new rates
were established. The existing fee of
$1,030 is found in 46 CFR 2.10–101 and
applies to any inspected vessel not
listed in table 2.10–101.3
In addition to towing vessels subject
to subchapter M that are required to
obtain COIs, towing vessels that qualify
as seagoing motor vessels (300 gross
tons or more) are required to have COIs
under regulations in 46 CFR, chapter I,
1 See 46 CFR 136.130—Options for documenting
compliance to obtain a Certificate of Inspection.
2 The TSMS option is a voluntary inspection
option that permits qualified third-party
organizations to conduct certain vessel
examinations in place of Coast Guard inspections.
See 46 CFR part 138—Towing Safety Management
System (TSMS).
3 See 81 FR 40005. We discuss a recent statutory
exception for TSMS-option vessels below.
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]]>Agencies
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89593-89595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28343]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2023-0175; FRL-11053-02-R2]
Approval and Promulgation of Implementation Plans; New York;
Emission Statement Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) submitted by the New York State Department of
Environmental Conservation (NYSDEC) for purposes of enhancing an
existing emission statement program for stationary sources in New York
State. The SIP revision consists of amendments to regulations in New
York's Codes, Rules and Regulations (NYCRR) applicable to the emission
statements. These provisions establish electronic reporting
requirements for annual emission statements filed by facilities subject
to Title V operating permits of the Act beginning in 2022 (for calendar
year 2021 emission reporting). The Emission Statement rule also
improves the EPA's and the public access to facility-specific emission
related data. This action is being taken in accordance with the
requirements of the Clean Air Act (Act or CAA).
DATES: This final rule is effective on January 29, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2023-0175. 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., Controlled
Unclassified Information (CUI) (formally referred to as 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: Ysabel Banon, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, telephone number (212) 637-3382, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Public Comments and EPA's Response
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On October 4, 2023 (88 FR 68529), the EPA published a Notice of
Proposed Rulemaking that proposed to approve a State Implementation
Plan (SIP) revision submitted by the NYSDEC on March 21, 2022, for
purposes of enhancing an existing Emission Statement program for
stationary sources in New York, with a state effective date of December
18, 2020.
The SIP revision was submitted by NYSDEC to satisfy the ozone
nonattainment provision of the Act and allows NYSDEC to more
effectively plan for and attain the national ambient air quality
standards (NAAQS). The purpose of 6 NYCRR Subpart 202-2, ``Emission
Statements,'' is to establish the requirements for annual emission
statements filed by facilities subject to Title V operating permits
under the Act. These requirements are set forth in EPA's Air Emission
Report Requirements rule (AERR). See 40 CFR 51 Subpart A. The SIP
revision establishes electronic reporting requirements for annual
emission statements filed by facilities subject to Title V operating
permits of the Act beginning in 2022 (for calendar year 2021 emission
reporting).
The specific details of NYSDEC's SIP submittal and the rationale
for the EPA's approval action 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 October 4, 2023,
proposed rulemaking. See 88 FR 68529.
II. Public Comments and EPA Responses
In response to the EPA's October 4, 2023, proposed rulemaking on
NYSDEC's SIP revision, the EPA received three supportive comments
during the 30-day public comment period. The specific comments may be
viewed under Docket ID Number EPA-R02-OAR-2023-0175 on the https://regulations.gov website.
Comment 1
One commenter indicated that by enacting policies such as this, the
NYSDEC can better regulate the major sources of air pollution and
therefore move us toward achieving the NAAQS. Implementing an
electronic submission system for major polluters will impose more
responsibility on them to meet these emission requirements, especially
if these companies are fined for not doing so. Additionally, the
commenter suggested that this annual record be made available to the
public.
Response 1
The EPA acknowledges the commenter's support of the EPA's proposed
rule. Title 6 NYCRR, Chapter III, Part 202, Subpart 202-2.4(j)
indicates that the facilities may be subject to enforcement actions,
including monetary fines for incomplete and inaccurate emission
statements. The commenter can review it at the EPA Docket ID number
EPA-R02-OAR-2023-0175. The EPA also recognizes the commenter's request
for the EPA to make the records publicly available. The public can
access the annual emission records on NYSDEC's website www.dec.ny.gov/chemical/125566.html#point.
Comment 2 & 3
Two additional public comments were received, which were supportive
of the EPA's proposed approval of NYSDEC's SIP revisions. The
commenters indicated that the revisions to the SIP improve air quality.
Response 2 & 3
The EPA acknowledges the commenters' support of the EPA's proposed
rule.
III. Final Action
The EPA is approving a SIP revision submitted by NYSDEC on March
21, 2022, for purposes of enhancing an existing Emission Statement
program for stationary sources in New York. The SIP revision consists
of amendments to Title 6 NYCRR, Chapter III, part 202, subpart 202-2,
``Emission Statements,'' with a state effective date of December 18,
2020.
Based on the EPA's review, the Emission Statement rule contains the
necessary applicability, compliance, enforcement, and reporting
requirements for an approvable emission statement program.
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, the EPA is finalizing the incorporation by reference of the
6 NYCRR Part 202, Subpart 202-2,
[[Page 89594]]
``Emission Statements,'' regulation described in the amendments to 40
CFR part 52 as discussed in Section I. of this preamble. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 2 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the State
Implementation Plan, have been incorporated by reference by the EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of the
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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 it 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).
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 of industrial, governmental, and
commercial operations or programs and policies.''
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. The 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.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and the
Comptroller General of the United States. 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 February 26, 2024. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, and Volatile organic compounds.
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, in the table in paragraph (c), revise the entry
for ``Title 6, Part 202, Subpart 202-2'' to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
[[Page 89595]]
EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Title 6, Part 202, Subpart 202-2.. Emission Statements.. 12/18/2020 12/28/2023 EPA approval
finalized at [insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-28343 Filed 12-27-23; 8:45 am]
BILLING CODE 6560-50-P
