[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Rules and Regulations]
[Pages 54502-54507]
[FR Doc No: 2019-21955]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2018-0511; FRL-10000-78-Region 2]

Approval of Air Quality Implementation Plans; New York;
Infrastructure Requirements for the 2008 Ozone, 2010 Sulfur Dioxide,
and 2012 Fine Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving certain
elements of New York's State Implementation Plan (SIP) revisions,
submitted to demonstrate that the State meets the requirements of the
Clean Air Act (CAA) for the 2008 Ozone; 2010 Sulfur Dioxide; and 2012
particulate matter of 2.5 microns or less (PM2.5) National
Ambient Air Quality Standards (NAAQS). Section 110(a) of the CAA
requires that each state adopt and submit for approval into the SIP a
plan for the implementation, maintenance and enforcement of each NAAQS
promulgated by the EPA.

DATES: This final rule is effective on November 12, 2019.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the background information?
III. What is a section 110(a)(1) and (2) SIP?
IV. What elements are required under section 110(a)(1) and (2)?
V. What is EPA's approach to the review of infrastructure SIP
submissions?
VI. What did New York submit?
VII. How has the State addressed the elements of the section
110(a)(1) and (2) ``infrastructure'' provisions?
VIII. What comments did EPA receive in response to the proposed
action?
IX. What is EPA approving?
X. Statutory and Executive Order Reviews

I. What action is EPA taking?

    The EPA is approving certain elements of the State of New York
Infrastructure State Implementation Plan (SIP) as meeting the section
110(a) infrastructure requirements of the Clean Air Act (CAA) for the
following National Ambient Air Quality Standards (NAAQS or standard):
2008 Ozone, 2010 sulfur dioxide (SO2), and 2012 particulate
matter of 2.5 microns or less (PM2.5). As explained below,
the EPA has determined that the State has the necessary infrastructure,
resources, and general authority to implement the standards noted
above.

II. What is the background information?

    Section 110(a)(1) of the CAA requires states to submit for approval
into the SIP a plan that provides for the implementation, maintenance,
and enforcement of new or revised NAAQS within three years following
the promulgation of such NAAQS. The EPA commonly refers to such state
plans as ``infrastructure SIPs.''
     On March 12, 2008, the EPA promulgated a revised NAAQS for
ozone. 73 FR 16436 (March 27, 2008).
     On June 2, 2010), the EPA promulgated a revised primary
NAAQS for SO2. 75 FR 35520 (June 22, 2010).
     On December 14, 2012, the EPA promulgated a revised
primary NAAQS for PM2.5 for the annual standard. 78 FR 3086
(Jan. 15, 2013).
    The New York State Department of Environmental Conservation
(NYSDEC) submitted the following revisions to its Infrastructure State
Implementation Plan (ISIP):

 2008 Ozone ISIP submitted on April 4, 2013
 2010 SO2 ISIP submitted on October 3, 2013
 2012 PM2.5 ISIP submitted on November 30, 2016

    On August 26, 2016 (81 FR 58849), the EPA published its action on
certain elements of NYSDEC's April 4, 2013 SIP submittal pertaining to
the 2008 Ozone ISIP. The EPA's action addressed CAA section
110(a)(2)(D)(i)(I) which requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from contributing significantly to nonattainment of the NAAQS (commonly
referred to as prong 1), or interfering with maintenance of the NAAQS
(prong 2), in any other state and CAA section 110(a)(2)(D)(i)(II) which
requires SIPs to include

provisions prohibiting any source or other type of emissions activity
in one state from interfering with measures required to protect
visibility (prong 4). The EPA disapproved 110(a)(2)(D)(i)(I) (prongs 1
and 2) and approved 110(a)(2)(D)(i)(II) (prong 4) for the 2008 Ozone
NAAQS. 81 FR 58849, 58855 (August 26, 2016).
    The EPA approved portions of New York's infrastructure SIP
submittals for the 2008 Ozone and 2010 SO2 NAAQS \1\
pertaining to CAA sections 110(a)(2)(C), (D)(i)(II) (prong 3), and (J),
including PSD interstate transport provisions.\2\ 81 FR 95047 (December
27, 2016).
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    \1\ The approval also included the 2008 Lead NAAQS, which is not
a subject of this action.
    \2\ CAA 110(a)(2)(C) (requires SIPs to include a program to
provide for enforcement of emission limitations and other control
measures described in CAA 110(a)(2)(A)); CAA
110(a)(2)(D)(i)(II)(which requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one
state from interfering with measures required to prevent significant
deterioration of air quality in another state); CAA
110(a)(2)(J)(requirements related to consultation, public
notification and PSD and visibility protection).
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III. What is a section 110(a)(1) and (2) SIP?

    Section 110(a)(1) provides the procedural and timing requirements
for SIPs. Section 110(a)(2) lists specific elements that states must
meet for ``infrastructure'' SIP requirements related to a newly
established or revised NAAQS.
    Sections 110(a)(1) and (2) of the CAA require, in part, that states
submit to the EPA plans to implement, maintain and enforce each of the
NAAQS promulgated by the EPA. The EPA interprets this provision to
require states to address basic SIP requirements including emission
inventories, monitoring, and modeling to assure attainment and
maintenance of the standards. By statute, SIPs meeting the requirements
of section 110(a)(1) and (2) are to be submitted by states within three
years after promulgation of a new or revised standard.

IV. What elements are required under section 110(a)(1) and (2)?

    The infrastructure requirements of CAA sections 110(a)(1) and (2),
relevant to this action, are discussed in the following EPA guidance
documents: EPA's October 2, 2007, memorandum entitled ``Guidance on SIP
Elements Required Under Section 110(a)(1) and (2) for the 1997 8-Hour
Ozone and PM2.5 National Ambient Air Quality Standards;''
September 25, 2009, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards;''
September 13, 2013, memorandum entitled ``Guidance on Infrastructure
State Implementation Plan (SIP) Elements under Clean Air Act Sections
110(a)(1) and 110(a)(2)'' (``2013 Guidance''); \3\ and March 17, 2016,
``Information on Interstate Transport ``Good Neighbor'' provision for
the 2012 Fine Particulate Matter (PM) National Ambient Air Quality
Standards under Clean Air Act (CAA) Section 110(a)(2)(D)(i)(I).''
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    \3\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' can
be found at: http://www.epa.gov/airquality/urbanair/sipstatus/infrastructure.html.
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    The EPA reviews each infrastructure SIP submission with the
applicable statutory provisions of CAA 110(a)(2). The 14 elements
required to be addressed by CAA section 110(a)(2) are:
     110(a)(2)(A): Emission limits and other control measures;
     110(a)(2)(B): Ambient air quality monitoring/data system;
     110(a)(2)(C): Program for enforcement of control measures
and for construction or modification of stationary sources;
     110(a)(2)(D)(i)(I) and (II): Interstate pollution
transport;
     110(a)(2)(D)(ii): Interstate and international pollution
abatement;
     110(a)(2)(E): Adequate resources and authority, conflict
of interest, oversight of local governments and local authorities;
     110(a)(2)(F): Stationary source monitoring and reporting;
     110(a)(2)(G): Emergency powers;
     110(a)(2)(H): Future SIP revisions;
     110(a)(2)(I): Plan revisions for nonattainment areas
(under part D);
     110(a)(2)(J): Consultation with government officials,
public notification, and PSD and visibility protection;
     110(a)(2)(K): Air quality modeling and data;
     110(a)(2)(L): Permitting fees;
     110(a)(2)(M): Consultation/participation by affected local
entities.
    Two elements identified in section 110(a)(2) are not governed by
the 3-year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within 3 years after promulgation of a new or revised NAAQS, but rather
due at the time that the nonattainment area plan requirements are due
pursuant to section 172 of the CAA. See 77 FR 46354 (August 3, 2012)
and 77 FR 60308 (October 3, 2012, footnote 1). These requirements are:
(1) Submissions required by section 110(a)(2)(C) to the extent that
subsection refers to a permit program as required in part D Title I of
the CAA, and (2) submissions required by section 110(a)(2)(I) which
pertain to the nonattainment planning requirements of part D, Title I
of the CAA. As a result, this action does not address the nonattainment
permit program requirements of section 110(a)(2)(C) for 2012
PM2.5 or the nonattainment planning requirements related to
section 110(a)(2)(I) for the 2008 Ozone, 2010 SO2, or 2012
PM2.5.
    This action partially addresses Element D (interstate pollution
transport, interstate and international pollution abatement). As
mentioned in section II, the EPA previously disapproved
110(a)(2)(D)(i)(I) (prongs 1 and 2) and approved 110(a)(2)(D)(i)(II)
(prong 4) for the 2008 Ozone NAAQS. 81 FR 58849 (Aug. 26, 2016). The
EPA approved 110(a)(2)(D)(i)(II) (prong 3) for the 2008 Ozone and 2010
SO2 NAAQS. 81 FR 95047 (December 27, 2016). This action
addresses the remaining element D provisions for 2008 Ozone, 2010
SO2 and 2012 PM2.5 NAAQS, except for
110(a)(2)(D)(i)(I) (prongs 1 and 2) provisions for the 2010
SO2 NAAQS and the 2012 PM2.5 NAAQS, which will be
addressed in a subsequent action by the EPA. Therefore, with respect to
element D, this action addresses:
     110(a)(2)(D)(i)(II) (prong 3) for the 2012
PM2.5 NAAQS;
     110(a)(2)(D)(i)(II) (prong 4) for the 2010 SO2
NAAQS and 2012 PM2.5 NAAQS; and
     110(a)(2)(D)(ii) for 2008 Ozone NAAQS, 2010 SO2
NAAQS and 2012 PM2.5 NAAQS.

V. What is EPA's approach to the review of infrastructure SIP
submissions?

    The discussion of the EPA's approach to the review of
infrastructure SIP submissions is detailed in the ``Technical Support
Document for the EPA's proposed Rulemaking for the New York State
Implementation Plan Revision for Meeting the Infrastructure
Requirements in the Clean Air Act'' dated 2019 (TSD). The TSD is
available in the electronic docket (EPA-R02-OAR-2018-0511) at
www.regulations.gov. For additional information, the reader is also
referred to EPA's Proposed Rule. 84 FR 27559 (June 13, 2019).
    Whenever the EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make Infrastructure SIP submissions to
provide for the implementation, maintenance, and enforcement of the
NAAQS. These submissions must meet the various requirements of CAA
section

110(a)(2), as applicable. Due to ambiguity in some of the language of
CAA section 110(a)(2), the EPA believes that it is appropriate to
interpret these provisions in the specific context of acting on
infrastructure SIP submissions. The EPA has previously provided
comprehensive guidance on the application of these provisions through a
guidance document for infrastructure SIP submissions and through
regional actions on infrastructure submissions.\4\ Unless otherwise
noted below, we are following that existing approach in acting on these
submissions. In addition, in the context of acting on such
infrastructure submissions, the EPA evaluates the submitting state's
SIP for facial compliance with statutory and regulatory requirements,
not for the state's implementation of its SIP.\5\ The EPA has other
explicit Clean Air Act authority to address issues concerning a state's
implementation of its SIP.
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    \4\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on New York's infrastructure SIP to address the Nitrogen
Dioxide NAAQS, 85 FR 25066, 25067 (May 2, 2014).
    \5\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. Thomas, 902 F.3d 971
(Aug. 30, 2018).
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VI. What did New York submit?

    NYSDEC submitted the following SIP submittals which address the
infrastructure requirements for the identified NAAQS:

 2008 Ozone ISIP submitted on April 4, 2013
 2010 SO2 ISIP submitted on October 3, 2013
 2012 PM2.5 ISIP submitted on November 30, 2016

    New York's section 110 submittals demonstrate how the State, where
applicable, has a plan in place that meets the requirements of section
110 for the 2008 Ozone, 2010 SO2, and 2012 PM2.5
NAAQS. The plans reference the current New York Air Quality SIP, the
New York Codes, Rules and Regulations (NYCRR), the New York
Environmental Conservation Law (ECL) and the New York Public Officer's
Law (POL). The NYCRR, ECL and POL referenced in the submittal are
publicly available. New York's SIP and air pollution control
regulations that have been previously approved by the EPA and
incorporated into the New York SIP can be found at 40 CFR 52.1670 and
are posted on the internet at https://www.epa.gov/sips-ny.

VII. How has the State addressed the elements of the section 110(a)(1)
and (2) ``infrastructure'' provisions?

    The EPA has determined that New York has the necessary
infrastructure, resources, and general authority to address certain
elements of the section 110(a)(1) and (2) infrastructure provisions for
the 2008 Ozone, 2010 SO2, and 2012 PM2.5 NAAQS.
In summary, the EPA is approving the following elements and sub-
elements of New York's Infrastructure SIP submittal for 2008 Ozone,
2010 SO2, and 2012 PM2.5 NAAQS (except as
indicated): 110(a)(A) [emission limits and other control measures];
110(a)(2)(B) [ambient air quality monitoring/data system]; 110(a)(2)(C)
[program for enforcement of control measures] for the 2012
PM2.5 NAAQS only; 110(a)(2)(D)(i)(II) [interstate
transport], Prong 3 for 2012 PM2.5 NAAQS, and Prong 4 for
the 2010 SO2 NAAQS and the 2012 PM2.5 NAAQS;
110(a)(2)(D)(ii) [interstate and international pollution abatement];
110(a)(2)(E)[adequate resources, state boards/conflict of interest,
oversight of local governments and local authorities];110(a)(2)(F)
[stationary source monitoring]; 110(a)(2)(G)[emergency power];
110(a)(2)(H) [future SIP revisions]; 110(a)(2)(J) [consultation with
government official, public notification, and PSD for the 2012
PM2.5 NAAQS only]; 110(a)(2)(K) [air quality and modeling/
data]; 110(a)(2)(L) [permitting fees]; and 110(a)(2)(M) [consultation/
participation by affected local entities].
    The EPA is not acting on New York's submittal for 2012
PM2.5 as it relates to nonattainment provisions, including
the nonattainment NSR program required by part D in section
110(a)(2)(C) and is not acting on New York's submittals for 2008 Ozone,
2010 SO2 and 2012 PM2.5 as they relate to the
measures for nonattainment required by part D in section 110(a)(2)(I),
because the State's Infrastructure SIP submittals do not include
nonattainment requirements related to these 2 elements. The EPA is also
not acting on the visibility protection portion of element J for the
2012 PM2.5 submittal.

VIII. What comments did EPA receive in response to the proposed action?

    On June 13, 2019 (84 FR 27559), EPA proposed to approve certain
elements of New York's ISIP revisions, submitted to demonstrate that
the State meets the requirements of the CAA for the 2008 Ozone; 2010
SO2 and 2012 PM2.5 NAAQS. EPA received an
erroneously filed comment from one commenter and an adverse comment
from an anonymous commenter, in response to the June 13, 2019 proposed
action.
    Comment: A comment was submitted on EPA's proposed rule to deny New
York's 126 petition submitted by Louisville Gas and Electric and
Kentucky Utilities Companies.
    EPA Response: These comments were submitted to the Docket for this
action but are not applicable to this action and are filed in error.
The comments will be addressed separately in the EPA's Response to
Comments on the Proposed Action on Section 126(b) Petition from New
York (Docket ID No. EPA-HQ-OAR-2018-0170).
    Comment: EPA must provide a complete record that New York has
adequate resources and personnel to implement the SIP. EPA must audit
NYSDEC to ensure proper funding and personnel to implement the SIP.
    EPA response: EPA disagrees with this comment. An audit of NYSDEC
is not required. CAA Section 110(a)(2)(E)(i) (Element E) requires that
the State provide ``necessary assurances'' that it will have adequate
funding and personnel to implement the relevant NAAQS. As stated in the
proposal, in the context of acting on infrastructure submissions, EPA
evaluates the submitting state's SIP for facial compliance with
statutory and regulatory requirements, not for the state's
implementation of its SIP.\6\ The EPA has other authority to address
any issues concerning a state's implementation of the rules,
regulations, consent orders, etc. that comprise its SIP.
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    \6\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. EPA, 902 F.3d 971
(August 30, 2018. Also see proposed rulemaking in this action 84 FR
27559, 27561 (June 13, 2019).
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    The requirements of Element E, that the State have adequate
resources and personnel, are clearly demonstrated in New York's three
ISIP submittals dated April 4, 2013 (for the 2008 ozone ISIP), October
3, 2013 (for the 2010 SO2 ISIP), and November 30, 2016 (for
the 2012 PM2.5 ISIP), as detailed by the EPA in its
technical support document (TSD) at pages 11-12, included in this
docket. The submittals indicated that NYSDEC's Division of Air
Resources (DAR) has over 200 full-time positions and receives both
operating and capital funding. As New York's submittals indicates,
operating funds are allocated to DAR annually and are used for daily
administrative expenses. These expenses include salaries, fringe
benefit, and indirect and non-personnel services such as travel, supply
and equipment costs. Indirect costs are, in turn, allocated to other
Departments or

divisions that support DAR activities. DAR is allocated operating funds
from five sources: General Fund, Utility Environmental Regulatory
Account, Co-operative Agreements (i.e., EPA section 103 and 105 grants)
and the Clean Air Fund, which is comprised of the Title V and Mobile
Source accounts.
    Capital funds are allocated to the DAR at the discretion of the New
York State legislature and are used for the financing or acquisition of
capital facilities such as the construction of an air monitoring site.
DAR is allocated Capital funds from three sources: General Fund, Mobile
Source Account and Rehabilitation and Improvement.'' \7\
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    \7\ See submission of NY SIP for interstate transport of
PM2.5.
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    Therefore, the EPA has determined that the NYSDEC has provided
necessary assurances that it has sufficient funding and personnel to
meet the requirements of section 110(a)(2)(E)(i) for the 2008 ozone,
2010 SO2 and 2012 PM2.5 NAAQS.
    Comment: New York does not have adequate resources to implement a
Regional Haze Program and EPA must impose a FIP on New York for two
sources which commenter does not identify.
    EPA Response: EPA disagrees that New York lacks adequate resources
to implement a Regional Haze Program. As noted above, Element E,
specifically CAA Section 100(a)(2)(E)(i), does not require an audit of
resources and personnel. New York's Regional Haze plan was approved
into the SIP for 18 facilities. 77 FR 51915 (Aug. 28, 2012). Only two
facilities, Danskammer Generating Station and Roseton Generating
Station, were subject to the Federal Implementation Plan (FIP).
Specifically, New York's SO2, NOX and PM Best
Available Retrofit Technology (BART) determinations and emissions
limits for Danskammer Generating Station, Unit 4, and New York's
SO2 BART determinations and emissions limit for Roseton
Generating Station, Units 1 and 2, were subject to the FIP. EPA's FIP
determination did not cite resources or personnel as a basis for the
FIP, rather, the State had provided a regional haze SIP with supporting
analysis, but EPA disagreed with the specific BART determinations with
regard to specific pollutants at specific units at these facilities
that the State had submitted. 77 FR 51915 (Aug. 28, 2012). Moreover,
for each of the sources, the EPA subsequently approved a source-
specific SIP revision and withdrew the FIP. 82 FR 57126 (Dec. 4, 2017)
(approving the SIP for Danskammer Generating Station, Unit 4) and 83 FR
6970 (Feb. 16, 2018) (approving the SIP for Roseton Generating Station,
Units 1 and 2).
    Comment: Elements, F, H, K, L and M: EPA does not provide any
rationale for approving these elements other than to refer the reader
to previous actions. EPA must review each submission on its own merits.
    EPA Response: EPA reviewed and evaluated each submittal addressed
in this action. As explained in the proposal (84 FR 27559) and the
accompanying TSD for this rulemaking, and consistent with EPA's ISIP
guidance, certain elements of the Infrastructure SIP submittals are not
pollutant specific. EPA proposed to find that, for certain elements,
including Elements F, H, K, L and M, the information provided in these
submittals is consistent with or identical to prior submittals that
addressed these specific elements. As explained in the proposal, EPA's
prior actions on ISIPs included a full evaluation of the information
provided by the State for each element, found the New York SIP
submittal was sufficient, and approved it. New York, in each of its
submittals in this action, has affirmed that the existing SIP meets the
requirements of CAA sections 110(a)(1) and (2). The EPA is not aware
of, and the commenter has not identified, anything about the 2008
ozone, 2010 SO2, or 2012 PM2.5 NAAQS that would
cause New York's SIP for these elements to be insufficient. In
addition, New York's submissions for the 2008 ozone, 2010
SO2, or 2012 PM2.5 NAAQS identify the basis for
approving Elements F, H, K, L and M, and that is detailed in the TSD
for this action at pages 12-14 for Element F, page 15-16 for Element H,
page 20-21 for Element K, page 21 for Element L and pages 21-22 for
Element M. Accordingly, approval of the pending submittal for these
elements is appropriate.
    Comment: For Element H, the EPA must disapprove this element until
the EPA establishes a SHL for the PM2.5 NAAQS. In
establishing the PM2.5 NAAQS under the 1997 standard the EPA
stated that no SHL was able to be established so a placeholder value
was being imposed at 500.
    EPA Response: Element H concerns future SIP revisions and does not
relate to establishment of a significant harm level (SHL). The issue of
establishment of an SHL relates to Element G (Emergency Powers). In
promulgating the 2012 PM2.5 NAAQS, EPA retained the pre-
existing level of 500 micrograms per cubic meter (ug/m\3\), 24-hour
average, for the Air Quality Index (AQI) value of 500 and did not
establish a significant harm (SHL) for PM2.5. In the absence
of a SHL, EPA maintains that the central components of a contingency
plan would be to reduce emissions for the PM2.5 sources at
issue and to provide public communication as needed. See 2013 Guidance
at pages 47-49. NYSDEC's November 2016 ISIP submittal addressing the
Element G requirements for the 2012 PM2.5 NAAQS meets the
requirements of the EPA's 2013 guidance and, as explained in detail in
the EPA's TSD for this ISIP submittal, is acceptable to the EPA.
    Comment: The comment asserts that the EPA must review Element L
with respect to permitting fees and reveal any defects at this time.
The EPA cannot point to a previous approval of a similar or nearly
similar submittal. EPA must audit the state's title V fee collection
system to affirmatively prove that adequate fees are being collected in
order to implement the title V program. The EPA cannot rely on a state
claim without affirmatively confirming it.
    EPA response: CAA 110(a)(2)(L) sets forth specific requirements
that are in effect ``until such fee requirement is superseded with
respect to such sources by the Administrator's approval of a fee
program under subchapter V [title V].'' The Administrator previously
approved New York's title V operating program. EPA granted interim
approval to the Title V operating permit program submitted by the State
of New York effective December 9, 1996. 61 FR 57589 (November 7, 1996).
The final interim approval at 61 FR 57590, determines that ``the State
has the authority to collect sufficient fees to implement its title V
program'' and, at 61 FR 57592, allows the State to ``issue operating
permits pursuant to Title V of the Act to all major stationary
sources.'' See also 61 FR 63928 (Dec. 2, 1996) (correction); 40 CFR
part 70, Appendix A. EPA subsequently granted full approval to New
York's program, effective November 30, 2001. 66 FR 63180 (December 5,
2011). In so doing, the Administrator found that the fee program was
sufficient to cover all CAA permitting, implementation, and enforcement
for new and modified major sources as well as existing major sources,
which is consistent with the requirements of CAA 110(a)(2)(L).
Statutory and regulatory citations related to the fee aspects of New
York's title V operating program are found in the TSD at p. 21.
Accordingly, and consistent with EPA's ISIP guidance, reliance on the
existing, EPA-approved title V fee program is sufficient to approve
this element and an additional examination of that approved program is
not necessary.

IX. What is EPA approving?

    The EPA is approving New York's submittals as meeting the
infrastructure requirements for the 2008 Ozone, 2010 SO2 and
2012 PM2.5 NAAQS for all section 110(a)(2) elements and sub-
elements, as follows: (A), (B), (C) [enforcement measures and PSD
program for major sources for 2012 PM2.5 only], (D)(i)(II)
prong 3 [for 2012 PM2.5 only], (D)(i)(II) prong 4 [for 2010
SO2 and 2012 PM2.5 only], D(ii), (E), (F), (G),
(H), (J) [for consultation, public notification and prevention of
significant deterioration 2012 PM2.5 only], (K), (L) and
(M).
    The EPA is not acting on New York's submittal for 2012
PM2.5 as it relates to nonattainment provisions, the NSR
program required by part D, in section 110(a)(2)(C) and is not acting
on New York's submittals for 2008 Ozone, 2010 SO2 and 2012
PM2.5 NAAQS as they relate to the measures for attainment
required by section 110(a)(2)(I), as part of this proposed approval
because the State's infrastructure SIP submittals do not include
nonattainment requirements and the EPA will act on them when, if
necessary, they are submitted.
    The EPA is also not acting on 110(a)(2)(D)(i)(I) provisions (prongs
1 and 2) for the 2010 SO2 NAAQS and the 2012
PM2.5 NAAQS, which will be addressed in a subsequent action
by the EPA.

X. 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 CAA and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the 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 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 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).
    This rulemaking pertaining to New York's section 110(a)(2)
infrastructure requirements for the 2008 Ozone NAAQS, 2012
PM2.5 NAAQS, and 2010 SO2 NAAQS does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the State, and EPA notes it will not impose
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.

    Authority:  42 U.S.C. 7401 et seq. Subpart HH New York.

    Dated: September 23, 2019.
 Peter D. Lopez,
 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
2008 Ozone NAAQS'', ``Section 110(a)(2) Infrastructure Requirements for
the 2010 SO2 NAAQS'', and ``Section 110(a)(2) Infrastructure
Requirements for the 2012 PM2.5 NAAQS'' at the end of the
table to read as follows.

Sec.  52.1670  Identification of plan.

* * * * *
    (e) * * *

                      EPA-Approved New York Non-Regulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                  Applicable
                                 geographic or      New York       EPA approval
      Action/SIP element         nonattainment   submittal date        date                 Explanation
                                     area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 110(a)(2)              Statewide.......        4/4/2013  10/10/2019,      This action addresses the
 Infrastructure Requirements                                      [insert          following CAA elements:
 for the 2008 Ozone NAAQS.                                        Federal          110(a)(2)(A), (B), (D)(ii),
                                                                  Register         (E), (F), (G), (H), (K), (L)
                                                                  citation].       and (M).
Section 110(a)(2)              Statewide.......       10/3/2013  10/10/2019,      This action addresses the
 Infrastructure Requirements                                      [insert          following CAA elements:
 for the 2010 SO2 NAAQS.                                          Federal          110(a)(2)(A), (B), (D)(i)(II)
                                                                  Register         prong 4, (D)(ii), (E), (F),
                                                                  citation].       (G), (H), (K), (L) and (M).

Section 110(a)(2)              Statewide.......      11/30/2016  10/10/2019,      This action addresses the
 Infrastructure Requirements                                      [insert          following CAA elements:
 for the 2012 PM2.5 NAAQS.                                        Federal          110(a)(2)(A), (B), (C)
                                                                  Register         [enforcement measures and PSD
                                                                  citation].       program for major sources],
                                                                                (D)(i)(II) prong 3, (D)(ii),
                                                                                (E), (F), (G), (H), (J) [for
                                                                                consultation, public
                                                                                notification and prevention
                                                                                of significant deterioration]
                                                                                (K), (L) and (M).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-21955 Filed 10-9-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Rules and Regulations]
[Pages 42637-42638]
[FR Doc No: 2012-17756]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0652]

Drawbridge Operation Regulation; Bayou Boeuf, Amelia, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Burlington Northern Santa Fe (BNSF)
Railway Company swing span bridge across

Bayou Boeuf, mile 10.2, at Amelia, St. Mary Parish, Louisiana. The
deviation is necessary to complete scheduled repairs necessitated by a
bridge allision. This deviation allows the bridge to remain in the
closed-to-navigation position for sixteen consecutive hours.

DATES: This deviation is effective from 7 a.m. through 11 p.m. on
Thursday, August 16, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0652 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0652 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Jim Wetherington, Bridge Branch Office, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The BNSF Railway Company has requested a
temporary deviation from the operating schedule of the swing span
railroad bridge across Bayou Boeuf, mile 10.2, at Amelia, St. Mary
Parish, Louisiana. The bridge provides no vertical clearance in the
closed-to-navigation position.
    In accordance with 33 CFR 117.5, the bridge currently opens on
signal for the passage of vessels. This deviation allows the vertical
lift span of the bridge to remain in the closed-to-navigation position
from 7 a.m. through 11 p.m. on Thursday, August 16, 2012.
    The closure is necessary in order to change out a shaft and reducer
gear damaged during a bridge allision earlier this year. Notices will
be published in the Eighth Coast Guard District Local Notice to
Mariners and will be broadcast via the Coast Guard Broadcast Notice to
Mariners System.
    Navigation at the site of the bridge consists mainly of tows with
barges and some recreational pleasure craft. Due to prior experience,
as well as coordination with waterway users, it has been determined
that this closure will not have a significant effect on these vessels.
An alternate route is available by using the GIWW, Morgan City to Port
Allen Alternate Route.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: July 10, 2012.
David M. Frank,
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2012-17756 Filed 7-19-12; 8:45 am]
BILLING CODE 9110-04-P