82 FR 57362 - Approval of Air Quality Implementation Plans; New York; Cross-State Air Pollution Rule; NOX
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 232 (December 5, 2017)
Federal Register Volume 82, Issue 232 (December 5, 2017)
| Page Range | 57362-57367 | |
| FR Document | 2017-26079 |
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)] [Rules and Regulations] [Pages 57362-57367] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26079] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2017-0425, FRL-9971-25-Region 2] Approval of Air Quality Implementation Plans; New York; Cross- State Air Pollution Rule; NOX Annual and SO2 Group 1 Trading Programs AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is conditionally approving a revision to the New York State Implementation Plan (SIP) addressing requirements of the Cross-State Air Pollution Rule (CSAPR). Under the CSAPR, large electricity generating units in New York are subject to Federal Implementation Plans (FIPs) requiring the units to participate in CSAPR federal trading programs for annual emissions of nitrogen oxides (NOX ), ozone season emissions of NOX , and annual emissions of sulfur dioxide (SO2 ). This action conditionally approves into New York's SIP the State's regulations that replace the default allowance allocation provisions of the CSAPR federal trading programs for annual NOX and SO2 emissions. EPA is conditionally approving New York's regulations for annual NOX and SO2 emissions because, while the submitted rules do not fully conform to CSAPR, New York is in the process of making further revisions to its rules and has provided a commitment to finalize and submit them by December 29, 2017. Upon timely meeting of this commitment, EPA will propose to convert the conditional approval of the SIP revision to a full approval. DATES: This rule is effective December 5, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID number EPA-R02-OAR-2017-0425. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information 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 through www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3702, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. What action is EPA taking? II. Background on CSAPR and CSAPR-Related SIP Revisions III. What comments were received in response to EPA's proposed action? IV. What is EPA's conclusion? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. What action is EPA taking? EPA is conditionally approving portions of New York's December 1, [[Page 57363]] 2015 SIP submittal concerning CSAPR \1\ trading programs for annual emissions of NOX and SO2 . --------------------------------------------------------------------------- \1\ Federal Implementation Plans; Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and 52.39 and 40 CFR part 97). --------------------------------------------------------------------------- Large Electric Generating Units (EGUs) in New York are subject to CSAPR FIPs that require the units to participate in the federal CSAPR NOX Annual Trading Program and the federal CSAPR SO2 Group 1 Trading Program. CSAPR provides a process for the submission and approval of SIP revisions to replace certain provisions of the CSAPR FIPs while the remaining FIP provisions continue to apply. This type of CSAPR SIP is termed an abbreviated SIP. EPA proposed to conditionally approve New York's submittal on August 29, 2017 (82 FR 40963). The New York State Department of Environmental Conservation (DEC) amended portions of Title 6 of the New York Codes, Rules and Regulations (6 NYCRR) in order to incorporate CSAPR requirements into the State's rules and allow the DEC to allocate CSAPR allowances to regulated entities in New York. 6 NYCRR Part 244, ``CAIR NOX Annual Trading Program,'' has been repealed and replaced in its entirety with a new rule, 6 NYCRR Part 244, ``Transport Rule NOX Annual Trading Program.'' 6 NYCRR Part 245, ``CAIR SO2 Trading Program,'' has also been repealed and replaced in its entirety with a new rule, 6 NYCRR Part 245, ``Transport Rule SO2 Group 1 Trading Program.'' Attendant revisions were made to 6 NYCRR Part 200, ``General Provisions,'' to update the list of referenced materials that are cited in the amended New York regulations. EPA is conditionally approving into the SIP the revised versions of 6 NYCRR Parts 200, 244 and 245. EPA is conditionally approving this SIP revision, as opposed to fully approving it, because of several deficiencies that New York must address. The conditional approval of portions of New York's SIP submittal is conditioned on New York meeting the commitment, articulated in its letters to EPA dated July 14, 2016, March 4, 2017, and July 6, 2017, to make the necessary changes to 6 NYCRR Parts 200, 244, and 245 to meet the requirements of the Clean Air Act (CAA) and EPA's regulations for approval of an abbreviated SIP revision to replace EPA's default allocations of CSAPR emission allowances with state-determined allocations. In a July 6, 2017 letter to EPA, the DEC committed to submitting a SIP revision that addresses EPA identified deficiencies by December 29, 2017.\2\ Once EPA determines that the DEC has satisfied these conditions and EPA approves the revisions (after EPA notice and comment), EPA shall remove the conditional approval and this SIP revision will at that time receive full approval status. The conditionally approved SIP submission will remain part of the SIP until EPA takes further action. If New York fails to meet its commitment to submit a revised SIP by December 29, 2017 [i.e., the date of commitment from the state's July 6, 2017 letter], the conditional approval will revert to a disapproval. --------------------------------------------------------------------------- \2\ The date supersedes the dates identified in the July 14, 2016, and March 24, 2017 letters. --------------------------------------------------------------------------- This action conditionally approves into New York's SIP state- determined allowance allocation procedures for annual NOX and SO2 allowances that would replace EPA's default allocation procedures for the control periods in 2017 and beyond. The conditional approval of this SIP revision does not alter any provision of either the CSAPR NOX Annual Trading Program or the CSAPR SO2 Group 1 Trading Program as applied to New York units other than the allowance allocation provisions, and the FIP provisions requiring those units to participate in the programs (as modified by this SIP revision) remain in place. New York also repealed 6 NYCRR Part 243, ``CAIR NOX Ozone Season Trading Program,'' and replaced it in its entirety with a new rule, 6 NYCRR Part 243, ``Transport Rule NOX Ozone Season Trading Program,'' which was included in New York's December 1, 2015 SIP submittal. EPA is not acting at this time on the portion of New York's SIP submittal addressing 6 NYCRR Part 243. Since New York's December 1, 2015 submission, EPA has finalized the CSAPR Update rule \3\ to address Eastern states' interstate air pollution mitigation obligations with regard to the 2008 Ozone National Ambient Air Quality Standard (NAAQS). Among other things, starting in 2017 the CSAPR Update requires New York EGUs to participate in the new CSAPR NOX Ozone Season Group 2 Trading Program instead of the earlier CSAPR NOX Ozone Season Trading Program (now renamed the ``Group 1'' program) and replaces the ozone season budget for New York with a lower budget developed to address the revised and more stringent 2008 Ozone NAAQS. In DEC's July 14, 2016 commitment letter to EPA, New York indicated that the State would revise 6 NYCRR Part 243 to conform with the final CSAPR Update. For this reason, EPA is acting at this time only on 6 NYCRR Parts 200, 244 and 245. --------------------------------------------------------------------------- \3\ 81 FR 74504 (October 26, 2016). --------------------------------------------------------------------------- This conditional final rule is effective immediately upon publication in the Federal Register. Section 553(d) of the Administrative Procedure Act (5 U.S.C. 553(d)), which generally provides that final rules may not take effect earlier than 30 days after publication in the Federal Register but allows exceptions where an agency finds good cause and publishes its finding with the rule, applies to this action. Ordinarily, a 30-day transition period before a new rule takes effect would give affected parties an opportunity to adjust their behavior and prepare for compliance. However, in this instance no transition period is necessary because this rule does not impose new requirements. Under CSAPR's existing requirements, on March 1 of each year affected sources must hold quantities of emissions allowances not less than their emissions during the prior year's control period. The CSAPR regulations provide for default allocations to affected sources of allowances eligible for use in meeting this requirement. In this rule, in accordance with options CSAPR makes available to States, EPA is conditionally approving into New York's SIP the State's allocation rules to replace the default federally- established allocations. The sooner this rule is effective, the sooner allowances eligible for use for the 2017 control period can be issued to affected sources in New York in the amounts determined under New York's rules, which will assist the sources in planning to meet their March 1, 2018, compliance requirement. EPA therefore finds good cause to make this conditional final rule effective immediately upon publication in the Federal Register. II. Background on CSAPR and CSAPR-Related SIP Revisions EPA issued CSAPR in July 2011 to address the requirements of CAA section 110(a)(2)(D)(i)(I) concerning interstate transport of air pollution. As amended (including the 2016 CSAPR Update), CSAPR requires 27 Eastern states to limit their statewide emissions of SO2 and/or NOX in order to mitigate transported air pollution unlawfully impacting other states' ability to attain or maintain four NAAQS: the 1997 annual PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, the 1997 Ozone NAAQS, and the 2008 Ozone NAAQS. The CSAPR emissions limitations are defined in terms of maximum statewide ``budgets'' for emissions of annual SO2 , annual NOX , and/or ozone-season NOX [[Page 57364]] by each covered state's large EGUs. The CSAPR state budgets are implemented in two phases of generally increasing stringency, with the Phase 1 budgets applying to emissions in 2015 and 2016 and the Phase 2 (and CSAPR Update) budgets applying to emissions in 2017 and later years. As a mechanism for achieving compliance with the emissions limitations, CSAPR establishes five federal emissions trading programs: A program for annual NOX emissions, two geographically separate programs for annual SO2 emissions, and two geographically separate programs for ozone-season NOX emissions. CSAPR also establishes FIP requirements applicable to the large EGUs in each covered state. The CSAPR FIP provisions require each state's EGUs to participate in up to three of the five CSAPR trading programs. CSAPR includes provisions under which states may submit and EPA will approve SIP revisions to modify or replace the CSAPR FIP requirements while allowing states to continue to meet their transport- related obligations using either CSAPR's federal emissions trading programs or state emissions trading programs integrated with the federal programs.\4\ Through such a SIP revision, a state may replace EPA's default provisions for allocating emission allowances among the state's units, employing any state-selected methodology to allocate or auction the allowances, subject to timing criteria and limits on overall allowance quantities. In the case of CSAPR's federal trading programs for ozone-season NOX emissions (or integrated state trading programs), a state may also expand trading program applicability to include certain smaller EGUs.\5\ If a state wants to replace CSAPR FIP requirements with SIP requirements under which the state's units participate in a state trading program that is integrated with and identical to the federal trading program even as to the allocation and applicability provisions, the state may submit a SIP revision for that purpose as well. However, no emissions budget increases or other substantive changes to the trading program provisions are allowed. A state whose units are subject to multiple CSAPR FIPs and federal trading programs may submit SIP revisions to modify or replace either some or all of those FIP requirements. --------------------------------------------------------------------------- \4\ See 40 CFR 52.38, 52.39. States also retain the ability to submit SIP revisions to meet their transport-related obligations using mechanisms other than the CSAPR federal trading programs or integrated state trading programs. \5\ States covered by both the CSAPR Update and the NOX SIP Call have the additional option to expand applicability under the CSAPR NOX Ozone Season Group 2 Trading Program to include non-EGUs that would have participated in the former NOX Budget Trading Program. --------------------------------------------------------------------------- States can submit two basic forms of CSAPR-related SIP revisions effective for emissions control periods in 2017 or later years.\6\ Specific criteria for approval of each form of SIP revision are set forth in the CSAPR regulations. Under the first alternative--an ``abbreviated'' SIP revision--a state may submit a SIP revision that upon approval replaces the default allowance allocation and/or applicability provisions of a CSAPR federal trading program for the state.\7\ Approval of an abbreviated SIP revision leaves the corresponding CSAPR FIP and all other provisions of the relevant federal trading program in place for the state's units. --------------------------------------------------------------------------- \6\ CSAPR also provides for a third, more streamlined form of SIP revision that is effective only for control periods in 2016 and is not relevant here. See Sec. 52.38(a)(3), (b)(3), (b)(7); Sec. 52.39(d), (g). \7\ Sec. 52.38(a)(4), (b)(4), (b)(8); Sec. 52.39(e), (h). --------------------------------------------------------------------------- Under the second alternative--a ``full'' SIP revision--a state may submit a SIP revision that upon approval replaces a CSAPR federal trading program for the state with a state trading program integrated with the federal trading program, so long as the state trading program is substantively identical to the federal trading program or does not substantively differ from the federal trading program except as discussed above with regard to the allowance allocation and/or applicability provisions.\8\ For purposes of a full SIP revision, a state may either adopt state rules with complete trading program language, incorporate the federal trading program language into its state rules by reference (with appropriate conforming changes), or employ a combination of these approaches. --------------------------------------------------------------------------- \8\ Sec. 52.38(a)(5), (b)(5), (b)(9); Sec. 52.39(f), (i). --------------------------------------------------------------------------- The CSAPR regulations identify several important consequences and limitations associated with approval of a full SIP revision. First, upon EPA's approval of a full SIP revision as correcting the deficiency in the state's SIP that was the basis for a particular set of CSAPR FIP requirements, the obligation to participate in the corresponding CSAPR federal trading program is automatically eliminated for units subject to the state's jurisdiction without the need for a separate EPA withdrawal action, so long as EPA's approval of the SIP is full and unconditional.\9\ Second, approval of a full SIP revision does not terminate the obligation to participate in the corresponding CSAPR federal trading program for any units located in any Indian country within the borders of the state, and if and when a unit is located in Indian country within a state's borders, EPA may modify the SIP approval to exclude from the SIP, and include in the surviving CSAPR FIP instead, certain trading program provisions that apply jointly to units in the state and to units in Indian country within the state's borders.\10\ Finally, if at the time a full SIP revision is approved EPA has already started recording allocations of allowances for a given control period to a state's units, the federal trading program provisions authorizing EPA to complete the process of allocating and recording allowances for that control period to those units will continue to apply, unless EPA's approval of the SIP revision provides otherwise.\11\ --------------------------------------------------------------------------- \9\ Sec. 52.38(a)(6), (b)(10(i); Sec. 52.39(j). \10\ Sec. 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi), (b)(9)(vi)-(vii), (b)(10)(i); Sec. 52.39(f)(4)-(5), (i)(4)-(5), (j). \11\ Sec. 52.38(a)(7), (b)(11)(i); Sec. 52.39(k). --------------------------------------------------------------------------- On December 1, 2015, New York submitted to EPA an abbreviated SIP revision that, if approved, would replace the default allowance allocation provisions of the CSAPR SO2 Group 1, CSAPR NOX Annual, and CSAPR NOX Ozone Season Trading Programs for the state's EGUs for the control periods in 2017 and beyond with provisions establishing state-determined allocations for those control periods but would leave the corresponding CSAPR FIPs and all other provisions of the trading programs in place. The SIP submittal includes the following adopted state rules: 6 NYCRR Part 243, ``Transport Rule NOX Ozone Season Trading Program,'' 6 NYCRR Part 244, ``Transport Rule NOX Annual Trading Program,'' and 6 NYCRR Part 245, ``Transport Rule SO2 Trading Program.'' Previous versions of the rules developed for state participation in the Clean Air Interstate Rule \12\ (CAIR), i.e., 6 NYCRR Part 243, ``CAIR NOX Ozone Season Trading Program,'' 6 NYCRR Part 244, ``CAIR NOX Annual Trading Program,'' and 6 NYCRR Part 245, ``CAIR SO2 Trading Program,'' have been repealed and replaced in their entirety with the new rules. Attendant revisions were made to 6 NYCRR Part 200, ``General Provisions,'' to update the list of referenced material that are cited in the amended New York regulations. The regulations were adopted on November 10, 2015, and effective on December 12, 2015. --------------------------------------------------------------------------- \12\ 70 FR 25162 (May 12, 2005). --------------------------------------------------------------------------- As discussed in section I, EPA is not acting at this time on the portion of New York's SIP submittal addressing 6 [[Page 57365]] NYCRR Part 243, which will be addressed in another rulemaking at a later date. In this rulemaking, EPA is addressing NYCRR Parts 244, 245, and 200. In a notice of proposed rulemaking (NPRM) published on August 29, 2017 (82 FR 40963), EPA proposed to conditionally approve the portion of New York's submittal designed to replace the federal CSAPR SO2 Group 1, and CSAPR NOX Annual Trading Programs. The NPRM provides additional detail regarding the background and rationale for EPA's conditional approval. III. What comments were received in response to EPA's proposed action? Comments on the NPRM were due on September 28, 2017. EPA received no comments on the proposed action. IV. What is EPA's conclusion? The EPA is conditionally approving the New York SIP revision submitted on December 1, 2015 concerning allocations to New York units of CSAPR NOX Annual allowances and CSAPR SO2 Group 1 allowances for the control periods in 2017 and 2018, and future control periods beyond 2018. This rule conditionally approves into the New York SIP amendments to 6 NYCRR Parts 244 and 245 that incorporate CSAPR requirements into the State rules, and allows the DEC to allocate CSAPR allowances to regulated entities in New York. EPA is also conditionally approving the attendant revisions to 6 NYCRR Part 200 to update the list of referenced materials cited in the amended New York regulations. The conditional approval of Parts 200, 244, and 245 is based upon DEC's commitment to make the necessary changes, identified in the July 14, 2016, March 4, 2017, and July 6, 2017 commitment letters, to New York's 6 NYCRR Part 244, ``Transport Rule NOX Annual Trading Program,'' Part 245, ``Transport Rule SO2 Group 1 Trading Program,'' and Part 200, ``General Provisions.'' See section IV B. of the NPRM published on August 29, 2017 (82 FR 40967) concerning EPA's analysis of New York's budget, allowance allocation methodology, timing of submission of allocations, replaceable provisions of a CSAPR federal trading program under an abbreviated SIP, applicability determinations, and other substantive changes to the CSAPR federal trading program regulations. Following the conditional approval of Part 200, Part 244, and Part 245, allocations of CSAPR NOX Annual allowances and CSAPR SO2 Group 1 allowances will be made according to the provisions of New York's SIP (as modified by the DEC's July 14, 2016, March 24, 2017, and July 6, 2017 commitment letters to EPA) instead of 40 CFR 97.411(a), 97.411(b)(1), 97.412(a), 97.611(a), 97.611(b)(1), and 97.612(a). EPA's action on this SIP revision does not alter any provisions of the federal CSAPR NOX Annual Trading Program and the federal CSAPR SO2 Group 1 Trading Program as applied to New York units other than the allowance allocation provisions, and the FIPs requiring the units to participate in the programs (as modified by this SIP revision) remain in place. EPA is finalizing the conditional approval of Part 200, Part 244 and Part 245 because New York's rules (when modified by the DEC as indicated in its July 14, 2016, March 24, 2017, and July 6, 2017 commitment letters to EPA) will meet the requirements of the CAA and EPA's regulations for an abbreviated SIP revision and will replace EPA's default allocations of CSAPR emission allowances with state-determined allocations, as discussed in section IV.B of the NPRM. Under CAA section 110(k)(4), the EPA may approve a SIP revision based on a commitment by a state to adopt specific enforceable measures by a date certain, but not later than one year after the date of final conditional approval. If the state fails to meet its commitment to submit a revised SIP by December 29, 2017 [i.e., the date of commitment from the state's July 6, 2017 letter], or if the EPA finds the state's revisions to be incomplete, or the EPA disapproves the state's revisions, the conditional approval will, by operation of law, become a disapproval. EPA would notify the state by letter that such action has occurred. At that time, the SIP revisions in question would not be part of the approved SIP. If that were to occur, EPA would subsequently publish a document in the Federal Register notifying the public that the conditional approval automatically converts to a disapproval.\13\ If, however, the state meets its commitment within the applicable timeframe, EPA would subsequently publish in the Federal Register a document notifying the public that EPA intends to convert the conditional approval to a full approval. --------------------------------------------------------------------------- \13\ In the event the conditional approval automatically reverts to a disapproval, the validity of allocations made pursuant to the SIP revision before the date of such reversion would not be affected. --------------------------------------------------------------------------- Because a FIP already in place satisfies New York's obligations to mitigate interstate transport air pollution, should a disapproval become finalized as noted above, the EPA will not be required to take further action. Additionally, since the SIP submission is not required in response to a SIP call under CAA section 110(k)(5), mandatory sanctions under CAA section 179 would not apply because the deficiencies are not with respect to a submission that is required under CAA title I part D. V. Incorporation by Reference In this rule, with our conditional approval, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing, with our conditional approval, the incorporation by reference revisions to 6 NYCRR Parts 200, entitled ``General Provisions'', adopted November 10, 2015, 6 NYCRR Part 244, entitled ``Transport Rule NOX Annual Trading Program'', adopted November 10, 2015, and NYCRR Part 245, entitled ``Transport Rule SO2 Group 1 Trading Program, adopted November 10, 2015. EPA has made, and will continue to make, these materials generally available through www.regulations.gov, and/or 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 conditionally approved by EPA for inclusion in the SIP, have been incorporated by 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 EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update of the SIP compilation.\14\ --------------------------------------------------------------------------- \14\ 62 FR 27968 (May 22, 1997) --------------------------------------------------------------------------- VI. 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, 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, [[Page 57366]] October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other 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 February 5, 2018. 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, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen Dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Authority: 42 U.S.C. 7401 et seq. Dated: November 20, 2017. 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 A--General Provisions Sec. 52.38 [Amended] 0 2. In Sec. 52.38, paragraph (a)(8)(ii) is amended by removing ``Kansas and Missouri'' and adding in its place ``Kansas, Missouri, and New York''. Sec. 52.39 [Amended] 0 3. In Sec. 52.39, paragraph (l)(2) is amended by adding ``and New York'' after ``Missouri''. Subpart HH--New York 0 4. In Sec. 52.1670, paragraph (c) is amended by revising the table entries ``Title 6, Part 200, Subpart 200.9'', ``Title 6, Part 244'', and ``Title 6, Part 245'' to read as follows: Sec. 52.1670 Identification of plan. * * * * * (c) * * * EPA-Approved New York State Regulations and Laws ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval Comments date date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Title 6, Part 200, Subpart General 12/17/15 12/5/17 EPA is approving 200.9. Provisions, reference documents that are Referenced not Federally enforceable. Material. EPA approval finalized at [insert Federal Register citation]. Conditional Approval. * * * * * * * Title 6, Part 244............ Transport Rule 12/17/15 12/5/17 EPA approval finalized NOX Annual at [insert Federal Register Trading citation]. Program. Conditional Approval. [[Page 57367]] Title 6, Part 245............ Transport Rule 12/17/15 12/5/17 EPA approval finalized SO2 Group 1 at [insert Federal Register Trading citation]. Program. Conditional Approval. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-26079 Filed 12-4-17; 8:45 am] BILLING CODE 6560-50-P
![57362 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations
sent in registered First-Class Package Federal Reference Method (FRM); the requiring the units to participate in
International Service shipments. Federal Equivalent Method (FEM); and CSAPR federal trading programs for
the Photochemical Assessment annual emissions of nitrogen oxides
Stanley F. Mires,
Monitoring Stations (PAMS) network. (NOX), ozone season emissions of NOX,
Attorney, Federal Compliance. The effective date of the incorporation and annual emissions of sulfur dioxide
[FR Doc. 2017–26143 Filed 12–4–17; 8:45 am] by reference changed from June 1, 2013 (SO2). This action conditionally
BILLING CODE 7710–12–P to June 1, 2017. The SIP revision also approves into New York’s SIP the
sought to change a reference from the State’s regulations that replace the
‘‘West Virginia Department of default allowance allocation provisions
ENVIRONMENTAL PROTECTION Environmental Protection,’’ to the of the CSAPR federal trading programs
AGENCY ‘‘Division of Air Quality.’’ for annual NOX and SO2 emissions. EPA
In the direct final rule published on is conditionally approving New York’s
40 CFR Part 52 Monday, October 16, 2017 (82 FR regulations for annual NOX and SO2
[EPA–R03–OAR–2017–0413; FRL–9971–40– 47981), EPA stated that if we received emissions because, while the submitted
Region 3] adverse comment by November 15, rules do not fully conform to CSAPR,
2017, the rule would be withdrawn and New York is in the process of making
Approval and Promulgation of Air not take effect. EPA subsequently further revisions to its rules and has
Quality Implementation Plans; West received adverse comment. EPA will provided a commitment to finalize and
Virginia; 2015 Ozone National Ambient address the comments received in a submit them by December 29, 2017.
Air Quality Standards; Withdrawal of subsequent final rulemaking action Upon timely meeting of this
Direct Final Rule based upon the proposed action, also commitment, EPA will propose to
published on Monday, October 16, 2017 convert the conditional approval of the
AGENCY: Environmental Protection
(82 FR 48033). EPA will not institute a SIP revision to a full approval.
Agency (EPA).
second comment period on this action.
ACTION: Withdrawal of direct final rule. DATES: This rule is effective December 5,
List of Subjects in 40 CFR Part 52 2017.
SUMMARY: Due to receipt of adverse
Environmental protection, Air ADDRESSES: EPA has established a
comment, the Environmental Protection
pollution control, Carbon monoxide, docket for this action under Docket ID
Agency (EPA) is withdrawing the direct
Incorporation by reference, Lead, number EPA–R02–OAR–2017–0425. All
final rule published on Monday,
Nitrogen dioxide, Ozone, Particulate documents in the docket are listed on
October 16, 2017, to approve revisions
matter, Reporting and recordkeeping the www.regulations.gov Web site.
to the West Virginia state
requirements, Sulfur oxides. Although listed in the index, some
implementation plan (SIP). The
revisions updated the effective date by Dated: November 17, 2017. information may not be publicly
which the West Virginia regulations Cosmo Servidio, available, i.e., Confidential Business
incorporate by reference the national Regional Administrator, Region III. Information or other information whose
ambient air quality standards (NAAQS), disclosure is restricted by statute.
■ Accordingly, the amendments to 40 Certain other material, such as
additional monitoring methods, and
CFR 52.2520(c) published on October copyrighted material, is not placed on
additional equivalent monitoring
16, 2017 (82 FR 47981) are withdrawn the Internet and will be publicly
methods.
as of December 5, 2017. available only in hard copy form.
DATES: The direct final rule published at [FR Doc. 2017–26077 Filed 12–4–17; 8:45 am] Publicly available docket materials are
82 FR 47981, on October 16, 2017, is available through www.regulations.gov,
BILLING CODE 6560–50–P
withdrawn as of December 5, 2017. or please contact the person identified
FOR FURTHER INFORMATION CONTACT: in the FOR FURTHER INFORMATION
Joseph Schulingkamp, (215) 814–2021, ENVIRONMENTAL PROTECTION CONTACT section for additional
or by email at schulingkamp.joseph@ AGENCY availability information.
epa.gov.
40 CFR Part 52 FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: On June Kenneth Fradkin, Air Programs Branch,
13, 2017, West Virginia submitted a SIP [EPA–R02–OAR–2017–0425, FRL–9971–25– Environmental Protection Agency, 290
revision to update the State’s Region 2] Broadway, 25th Floor, New York, New
incorporation by reference of federal York 10007–1866, (212) 637–3702, or by
standards, ambient air monitoring Approval of Air Quality Implementation
email at fradkin.kenneth@epa.gov.
reference methods, and equivalent Plans; New York; Cross-State Air
monitoring reference methods. The SIP Pollution Rule; NOX Annual and SO2 SUPPLEMENTARY INFORMATION:
revisions updated the effective date by Group 1 Trading Programs
Table of Contents
which the West Virginia regulations AGENCY: Environmental Protection
incorporate by reference the national Agency (EPA). I. What action is EPA taking?
ambient air quality standards (NAAQS), II. Background on CSAPR and CSAPR-
ACTION: Final rule.
additional monitoring methods, and Related SIP Revisions
additional equivalent monitoring SUMMARY: The Environmental Protection III. What comments were received in
response to EPA’s proposed action?
methods. This update was intended to Agency (EPA) is conditionally IV. What is EPA’s conclusion?
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add effectively the following to the West approving a revision to the New York V. Incorporation by Reference
Virginia SIP: The 2015 ozone NAAQS; State Implementation Plan (SIP) VI. Statutory and Executive Order Reviews
monitoring reference and equivalent addressing requirements of the Cross-
methods pertaining to fine particulate State Air Pollution Rule (CSAPR). I. What action is EPA taking?
matter (PM2.5), carbon monoxide (CO), Under the CSAPR, large electricity
and coarse particulate matter (PM10); a generating units in New York are subject EPA is conditionally approving
revised ozone monitoring season; the to Federal Implementation Plans (FIPs) portions of New York’s December 1,
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2015 SIP submittal concerning CSAPR 1 submitting a SIP revision that addresses revise 6 NYCRR Part 243 to conform
trading programs for annual emissions EPA identified deficiencies by with the final CSAPR Update. For this
of NOX and SO2. December 29, 2017.2 Once EPA reason, EPA is acting at this time only
Large Electric Generating Units determines that the DEC has satisfied on 6 NYCRR Parts 200, 244 and 245.
(EGUs) in New York are subject to these conditions and EPA approves the This conditional final rule is effective
CSAPR FIPs that require the units to revisions (after EPA notice and immediately upon publication in the
participate in the federal CSAPR NOX comment), EPA shall remove the Federal Register. Section 553(d) of the
Annual Trading Program and the federal conditional approval and this SIP Administrative Procedure Act (5 U.S.C.
CSAPR SO2 Group 1 Trading Program. revision will at that time receive full 553(d)), which generally provides that
CSAPR provides a process for the approval status. The conditionally final rules may not take effect earlier
submission and approval of SIP approved SIP submission will remain than 30 days after publication in the
revisions to replace certain provisions of part of the SIP until EPA takes further Federal Register but allows exceptions
the CSAPR FIPs while the remaining action. If New York fails to meet its where an agency finds good cause and
FIP provisions continue to apply. This commitment to submit a revised SIP by publishes its finding with the rule,
type of CSAPR SIP is termed an December 29, 2017 [i.e., the date of applies to this action. Ordinarily, a 30-
abbreviated SIP. EPA proposed to commitment from the state’s July 6, day transition period before a new rule
conditionally approve New York’s 2017 letter], the conditional approval takes effect would give affected parties
submittal on August 29, 2017 (82 FR will revert to a disapproval. an opportunity to adjust their behavior
40963). This action conditionally approves and prepare for compliance. However,
The New York State Department of into New York’s SIP state-determined in this instance no transition period is
Environmental Conservation (DEC) allowance allocation procedures for necessary because this rule does not
amended portions of Title 6 of the New annual NOX and SO2 allowances that impose new requirements. Under
York Codes, Rules and Regulations (6 would replace EPA’s default allocation CSAPR’s existing requirements, on
NYCRR) in order to incorporate CSAPR procedures for the control periods in March 1 of each year affected sources
requirements into the State’s rules and 2017 and beyond. The conditional must hold quantities of emissions
allow the DEC to allocate CSAPR approval of this SIP revision does not allowances not less than their emissions
allowances to regulated entities in New alter any provision of either the CSAPR during the prior year’s control period.
York. 6 NYCRR Part 244, ‘‘CAIR NOX NOX Annual Trading Program or the The CSAPR regulations provide for
Annual Trading Program,’’ has been CSAPR SO2 Group 1 Trading Program as default allocations to affected sources of
repealed and replaced in its entirety applied to New York units other than allowances eligible for use in meeting
with a new rule, 6 NYCRR Part 244, the allowance allocation provisions, and this requirement. In this rule, in
‘‘Transport Rule NOX Annual Trading the FIP provisions requiring those units accordance with options CSAPR makes
Program.’’ 6 NYCRR Part 245, ‘‘CAIR to participate in the programs (as available to States, EPA is conditionally
SO2 Trading Program,’’ has also been modified by this SIP revision) remain in approving into New York’s SIP the
repealed and replaced in its entirety place. State’s allocation rules to replace the
with a new rule, 6 NYCRR Part 245, New York also repealed 6 NYCRR Part default federally-established allocations.
‘‘Transport Rule SO2 Group 1 Trading 243, ‘‘CAIR NOX Ozone Season Trading The sooner this rule is effective, the
Program.’’ Attendant revisions were Program,’’ and replaced it in its entirety sooner allowances eligible for use for
made to 6 NYCRR Part 200, ‘‘General with a new rule, 6 NYCRR Part 243, the 2017 control period can be issued to
Provisions,’’ to update the list of ‘‘Transport Rule NOX Ozone Season affected sources in New York in the
referenced materials that are cited in the Trading Program,’’ which was included amounts determined under New York’s
amended New York regulations. EPA is in New York’s December 1, 2015 SIP rules, which will assist the sources in
conditionally approving into the SIP the submittal. EPA is not acting at this time planning to meet their March 1, 2018,
revised versions of 6 NYCRR Parts 200, on the portion of New York’s SIP compliance requirement. EPA therefore
244 and 245. submittal addressing 6 NYCRR Part 243. finds good cause to make this
EPA is conditionally approving this Since New York’s December 1, 2015 conditional final rule effective
SIP revision, as opposed to fully submission, EPA has finalized the immediately upon publication in the
approving it, because of several CSAPR Update rule 3 to address Eastern Federal Register.
deficiencies that New York must states’ interstate air pollution mitigation
address. The conditional approval of II. Background on CSAPR and CSAPR-
obligations with regard to the 2008 Related SIP Revisions
portions of New York’s SIP submittal is Ozone National Ambient Air Quality
conditioned on New York meeting the Standard (NAAQS). Among other EPA issued CSAPR in July 2011 to
commitment, articulated in its letters to things, starting in 2017 the CSAPR address the requirements of CAA
EPA dated July 14, 2016, March 4, 2017, Update requires New York EGUs to section 110(a)(2)(D)(i)(I) concerning
and July 6, 2017, to make the necessary participate in the new CSAPR NOX interstate transport of air pollution. As
changes to 6 NYCRR Parts 200, 244, and Ozone Season Group 2 Trading Program amended (including the 2016 CSAPR
245 to meet the requirements of the instead of the earlier CSAPR NOX Ozone Update), CSAPR requires 27 Eastern
Clean Air Act (CAA) and EPA’s Season Trading Program (now renamed states to limit their statewide emissions
regulations for approval of an the ‘‘Group 1’’ program) and replaces of SO2 and/or NOX in order to mitigate
abbreviated SIP revision to replace the ozone season budget for New York transported air pollution unlawfully
EPA’s default allocations of CSAPR with a lower budget developed to impacting other states’ ability to attain
emission allowances with state- address the revised and more stringent or maintain four NAAQS: the 1997
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determined allocations. In a July 6, 2017 2008 Ozone NAAQS. In DEC’s July 14, annual PM2.5 NAAQS, the 2006 24-hour
letter to EPA, the DEC committed to 2016 commitment letter to EPA, New PM2.5 NAAQS, the 1997 Ozone NAAQS,
York indicated that the State would and the 2008 Ozone NAAQS. The
1 Federal Implementation Plans; Interstate
CSAPR emissions limitations are
Transport of Fine Particulate Matter and Ozone and defined in terms of maximum statewide
2 The date supersedes the dates identified in the
Correction of SIP Approvals, 76 FR 48208 (August
8, 2011) (codified as amended at 40 CFR 52.38 and July 14, 2016, and March 24, 2017 letters. ‘‘budgets’’ for emissions of annual SO2,
52.39 and 40 CFR part 97). 3 81 FR 74504 (October 26, 2016). annual NOX, and/or ozone-season NOX
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NYCRR Part 243, which will be allowances will be made according to finalized as noted above, the EPA will
addressed in another rulemaking at a the provisions of New York’s SIP (as not be required to take further action.
later date. In this rulemaking, EPA is modified by the DEC’s July 14, 2016, Additionally, since the SIP submission
addressing NYCRR Parts 244, 245, and March 24, 2017, and July 6, 2017 is not required in response to a SIP call
200. commitment letters to EPA) instead of under CAA section 110(k)(5), mandatory
In a notice of proposed rulemaking 40 CFR 97.411(a), 97.411(b)(1), sanctions under CAA section 179 would
(NPRM) published on August 29, 2017 97.412(a), 97.611(a), 97.611(b)(1), and not apply because the deficiencies are
(82 FR 40963), EPA proposed to 97.612(a). EPA’s action on this SIP not with respect to a submission that is
conditionally approve the portion of revision does not alter any provisions of required under CAA title I part D.
New York’s submittal designed to the federal CSAPR NOX Annual Trading
replace the federal CSAPR SO2 Group 1, Program and the federal CSAPR SO2 V. Incorporation by Reference
and CSAPR NOX Annual Trading Group 1 Trading Program as applied to In this rule, with our conditional
Programs. The NPRM provides New York units other than the approval, EPA is finalizing regulatory
additional detail regarding the allowance allocation provisions, and the text that includes incorporation by
background and rationale for EPA’s FIPs requiring the units to participate in reference. In accordance with
conditional approval. the programs (as modified by this SIP requirements of 1 CFR 51.5, EPA is
III. What comments were received in revision) remain in place. EPA is finalizing, with our conditional
response to EPA’s proposed action? finalizing the conditional approval of approval, the incorporation by reference
Part 200, Part 244 and Part 245 because revisions to 6 NYCRR Parts 200, entitled
Comments on the NPRM were due on New York’s rules (when modified by the ‘‘General Provisions’’, adopted
September 28, 2017. EPA received no DEC as indicated in its July 14, 2016, November 10, 2015, 6 NYCRR Part 244,
comments on the proposed action. March 24, 2017, and July 6, 2017 entitled ‘‘Transport Rule NOX Annual
IV. What is EPA’s conclusion? commitment letters to EPA) will meet Trading Program’’, adopted November
the requirements of the CAA and EPA’s 10, 2015, and NYCRR Part 245, entitled
The EPA is conditionally approving regulations for an abbreviated SIP
the New York SIP revision submitted on ‘‘Transport Rule SO2 Group 1 Trading
revision and will replace EPA’s default Program, adopted November 10, 2015.
December 1, 2015 concerning allocations of CSAPR emission
allocations to New York units of CSAPR EPA has made, and will continue to
allowances with state-determined make, these materials generally
NOX Annual allowances and CSAPR allocations, as discussed in section IV.B
SO2 Group 1 allowances for the control available through www.regulations.gov,
of the NPRM. and/or at the EPA Region 2 Office
periods in 2017 and 2018, and future Under CAA section 110(k)(4), the EPA
control periods beyond 2018. This rule (please contact the person identified in
may approve a SIP revision based on a the FOR FURTHER INFORMATION CONTACT
conditionally approves into the New commitment by a state to adopt specific
York SIP amendments to 6 NYCRR Parts section of this preamble for more
enforceable measures by a date certain, information). Therefore, these materials
244 and 245 that incorporate CSAPR but not later than one year after the date
requirements into the State rules, and have been conditionally approved by
of final conditional approval. If the state EPA for inclusion in the SIP, have been
allows the DEC to allocate CSAPR fails to meet its commitment to submit
allowances to regulated entities in New incorporated by EPA into that plan, are
a revised SIP by December 29, 2017 [i.e., fully federally enforceable under
York. EPA is also conditionally the date of commitment from the state’s
approving the attendant revisions to 6 sections 110 and 113 of the CAA as of
July 6, 2017 letter], or if the EPA finds
NYCRR Part 200 to update the list of the effective date of the final rulemaking
the state’s revisions to be incomplete, or
referenced materials cited in the of EPA’s approval, and will be
the EPA disapproves the state’s
amended New York regulations. incorporated by reference by the
revisions, the conditional approval will,
The conditional approval of Parts 200, Director of the Federal Register in the
by operation of law, become a
244, and 245 is based upon DEC’s next update of the SIP compilation.14
disapproval. EPA would notify the state
commitment to make the necessary by letter that such action has occurred. VI. Statutory and Executive Order
changes, identified in the July 14, 2016, At that time, the SIP revisions in Reviews
March 4, 2017, and July 6, 2017 question would not be part of the
commitment letters, to New York’s 6 approved SIP. If that were to occur, EPA Under the Clean Air Act, the
NYCRR Part 244, ‘‘Transport Rule NOX would subsequently publish a Administrator is required to approve a
Annual Trading Program,’’ Part 245, document in the Federal Register SIP submission that complies with the
‘‘Transport Rule SO2 Group 1 Trading notifying the public that the conditional provisions of the CAA and applicable
Program,’’ and Part 200, ‘‘General approval automatically converts to a Federal regulations. 42 U.S.C. 7410(k);
Provisions.’’ See section IV B. of the disapproval.13 If, however, the state 40 CFR 52.02(a). Thus, in reviewing SIP
NPRM published on August 29, 2017 meets its commitment within the submissions, EPA’s role is to approve
(82 FR 40967) concerning EPA’s applicable timeframe, EPA would state choices, provided that they meet
analysis of New York’s budget, subsequently publish in the Federal the criteria of the Clean Air Act.
allowance allocation methodology, Register a document notifying the Accordingly, this action merely
timing of submission of allocations, public that EPA intends to convert the approves State law as meeting Federal
replaceable provisions of a CSAPR conditional approval to a full approval. requirements and does not impose
federal trading program under an Because a FIP already in place additional requirements beyond those
abbreviated SIP, applicability satisfies New York’s obligations to imposed by State law. For that reason,
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determinations, and other substantive mitigate interstate transport air this action:
changes to the CSAPR federal trading pollution, should a disapproval become • Is not a significant regulatory action
program regulations. subject to review by the Office of
Following the conditional approval of 13 In the event the conditional approval Management and Budget under
Part 200, Part 244, and Part 245, automatically reverts to a disapproval, the validity Executive Orders 12866 (58 FR 51735,
of allocations made pursuant to the SIP revision
allocations of CSAPR NOX Annual before the date of such reversion would not be
allowances and CSAPR SO2 Group 1 affected. 14 62 FR 27968 (May 22, 1997)
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![57366 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations
October 4, 1993) and 13563 (76 FR 3821, Indian tribe has demonstrated that a Air pollution control, Incorporation by
January 21, 2011); tribe has jurisdiction. In those areas of reference, Intergovernmental relations,
• Is not an Executive Order 13771 (82 Indian country, the rule does not have Nitrogen Dioxide, Ozone, Particulate
FR 9339, February 2, 2017) regulatory tribal implications and will not impose matter, Reporting and recordkeeping
action because SIP approvals are substantial direct costs on tribal requirements, Sulfur oxides.
exempted under Executive Order 12866. governments or preempt tribal law as Authority: 42 U.S.C. 7401 et seq.
• Does not impose an information specified by Executive Order 13175 (65
collection burden under the provisions FR 67249, November 9, 2000). Dated: November 20, 2017.
of the Paperwork Reduction Act (44 The Congressional Review Act, 5 Peter D. Lopez,
U.S.C. 3501 et seq.); U.S.C. 801 et seq., as added by the Small Regional Administrator, Region 2.
• Is certified as not having a Business Regulatory Enforcement
significant economic impact on a Fairness Act of 1996, generally provides Part 52 chapter I, title 40 of the Code
substantial number of small entities that before a rule may take effect, the of Federal Regulations is amended as
under the Regulatory Flexibility Act (5 agency promulgating the rule must follows:
U.S.C. 601 et seq.); submit a rule report, which includes a
• Does not contain any unfunded copy of the rule, to each House of the PART 52—APPROVAL AND
mandate or significantly or uniquely Congress and to the Comptroller General PROMULGATION OF
affect small governments, as described of the United States. EPA will submit a IMPLEMENTATION PLANS
in the Unfunded Mandates Reform Act report containing this action and other
of 1995 (Pub. L. 104–4); required information to the U.S. Senate, ■ 1. The authority citation for part 52
• Does not have Federalism the U.S. House of Representatives, and continues to read as follows:
implications as specified in Executive the Comptroller General of the United Authority: 42.U.S.C. 7401 et seq.
Order 13132 (64 FR 43255, August 10, States prior to publication of the rule in
1999); the Federal Register. A major rule Subpart A—General Provisions
• Is not an economically significant cannot take effect until 60 days after it
regulatory action based on health or § 52.38 [Amended]
is published in the Federal Register.
safety risks subject to Executive Order This action is not a ‘‘major rule’’ as ■ 2. In § 52.38, paragraph (a)(8)(ii) is
13045 (62 FR 19885, April 23, 1997); defined by 5 U.S.C. 804(2). amended by removing ‘‘Kansas and
• Is not a significant regulatory action Under section 307(b)(1) of the Clean Missouri’’ and adding in its place
subject to Executive Order 13211 (66 FR Air Act, petitions for judicial review of ‘‘Kansas, Missouri, and New York’’.
28355, May 22, 2001); this action must be filed in the United
• Is not subject to requirements of States Court of Appeals for the § 52.39 [Amended]
Section 12(d) of the National appropriate circuit by February 5, 2018.
Technology Transfer and Advancement Filing a petition for reconsideration by ■ 3. In § 52.39, paragraph (l)(2) is
Act of 1995 (15 U.S.C. 272 note) because the Administrator of this final rule does amended by adding ‘‘and New York’’
application of those requirements would not affect the finality of this action for after ‘‘Missouri’’.
be inconsistent with the Clean Air Act; the purposes of judicial review nor does
and it extend the time within which a Subpart HH—New York
• Does not provide EPA with the petition for judicial review may be filed,
discretionary authority to address, as and shall not postpone the effectiveness ■ 4. In § 52.1670, paragraph (c) is
appropriate, disproportionate human of such rule or action. This action may amended by revising the table entries
health or environmental effects, using not be challenged later in proceedings to ‘‘Title 6, Part 200, Subpart 200.9’’, ‘‘Title
practicable and legally permissible enforce its requirements. (See section 6, Part 244’’, and ‘‘Title 6, Part 245’’ to
methods, under Executive Order 12898 307(b)(2).) read as follows:
(59 FR 7629, February 16, 1994). § 52.1670 Identification of plan.
In addition, the SIP is not approved List of Subjects in 40 CFR Part 52
to apply on any Indian reservation land Environmental protection, * * * * *
or in any other area where EPA or an Administrative practice and procedure, (c) * * *
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State EPA approval
State citation Title/subject effective Comments
date
date
* * * * * * *
Title 6, Part 200, Subpart 200.9 ............ General Provisions, Referenced Mate- 12/17/15 12/5/17 • EPA is approving ref-
rial. erence documents that
are not Federally en-
forceable.
• EPA approval finalized
at [insert Federal Reg-
sradovich on DSK3GMQ082PROD with RULES
ister citation].
• Conditional Approval.
* * * * * * *
Title 6, Part 244 ..................................... Transport Rule NOX Annual Trading 12/17/15 12/5/17 • EPA approval finalized
Program. at [insert Federal Reg-
ister citation].
• Conditional Approval.
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EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued
State EPA approval
State citation Title/subject effective Comments
date
date
Title 6, Part 245 ..................................... Transport Rule SO2 Group 1 Trading 12/17/15 12/5/17 • EPA approval finalized
Program. at [insert Federal Reg-
ister citation].
• Conditional Approval.
* * * * * * *
* * * * * ADDRESSES: The docket for this action, • Pesticide manufacturing (NAICS
[FR Doc. 2017–26079 Filed 12–4–17; 8:45 am] identified by docket identification (ID) code 32532), e.g., agricultural workers;
BILLING CODE 6560–50–P number EPA–HQ–OPP–2011–1033, is commercial applicators; farmers;
available at http://www.regulations.gov greenhouse, nursery, and floriculture
or at the Office of Pesticide Programs workers; residential users.
ENVIRONMENTAL PROTECTION Regulatory Public Docket (OPP Docket)
AGENCY B. How can I get electronic access to
in the Environmental Protection Agency
other related information?
Docket Center (EPA/DC), West William
40 CFR Part 180 Jefferson Clinton Bldg., Rm. 3334, 1301 You may access a frequently updated
[EPA–HQ–OPP–2011–1033; FRL–9968–30] Constitution Ave. NW., Washington, DC electronic version of 40 CFR part 180
20460–0001. The Public Reading Room through the Government Printing
1,3-dibromo-5,5-dimethylhydantoin; is open from 8:30 a.m. to 4:30 p.m., Office’s e-CFR site at http://
Exemption From the Requirement of a Monday through Friday, excluding legal www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&
Tolerance holidays. The telephone number for the tpl=/ecfrbrowse/Title40/40tab_02.tpl.
AGENCY: Environmental Protection Public Reading Room is (202) 566–1744, To access the OSCPP test guidelines
Agency (EPA). and the telephone number for the OPP referenced in this document
ACTION: Final rule.
Docket is (703) 305–5805. Please review electronically, please go to http://
the visitor instructions and additional www.epa.gov/ocspp and select ‘‘Test
SUMMARY: This regulation establishes an information about the docket available Methods and Guidelines.’’
exemption from the requirement of a at http://www.epa.gov/dockets.
C. How can I file an objection or hearing
tolerance for residues of 1,3-dibromo- FOR FURTHER INFORMATION CONTACT: request?
5,5-dimethylhydantoin in or on food Steven H. Weiss, Antimicrobials
when used in antimicrobial pesticide Division (7510P), Office of Pesticide Under FFDCA section 408(g), 21
formulations applied to food contact Programs, Environmental Protection U.S.C. 346a, any person may file an
surfaces in public eating places, dairy Agency, 1200 Pennsylvania Ave. NW., objection to any aspect of this regulation
processing equipment, and/or food Washington, DC 20460–0001; main and may also request a hearing on those
processing equipment and utensils. In telephone number: (703) 308–6411; objections. You must file your objection
addition, this regulation establishes an email address: ADFRNotices@epa.gov. or request a hearing on this regulation
exemption from the requirement of a in accordance with the instructions
SUPPLEMENTARY INFORMATION:
tolerance for residues of 1,3-dibromo- provided in 40 CFR part 178. To ensure
5,5-dimethylhydantoin when used as an I. General Information proper receipt by EPA, you must
antimicrobial pesticide treatment identify docket ID number EPA–HQ–
A. Does this action apply to me?
solution. Albemarle Corporation OPP–2011–1033 in the subject line on
submitted a petition to EPA under the You may be potentially affected by the first page of your submission. All
Federal Food, Drug, and Cosmetic Act this action if you are an agricultural objections and requests for a hearing
(FFDCA), requesting exemptions from producer, food manufacturer, or must be in writing, and must be
the requirement of a tolerance for pesticide manufacturer. The following received by the Hearing Clerk on or
residues of 1,3-dibromo-5,5- list of North American Industrial before February 5, 2018. Addresses for
dimethylhydantoin in end-use products Classification System (NAICS) codes is mail and hand delivery of objections
applied to food contact surfaces and not intended to be exhaustive, but rather and hearing requests are provided in 40
used for washing raw agricultural provides a guide to help readers CFR 178.25(b).
commodities. This regulation eliminates determine whether this document In addition to filing an objection or
the need to establish a maximum applies to them. Potentially affected hearing request with the Hearing Clerk
permissible level of residues of 1,3- entities may include: as described in 40 CFR part 178, please
dibromo-5,5-dimethylhydantoin • Crop production (NAICS code 111), submit a copy of the filing (excluding
resulting from uses consistent with the e.g., agricultural workers; greenhouse, any Confidential Business Information
terms of these exemptions. nursery, and floriculture workers; (CBI)) for inclusion in the public docket.
DATES: This regulation is effective farmers. Information not marked confidential
sradovich on DSK3GMQ082PROD with RULES
December 5, 2017. Objections and • Animal production (NAICS code pursuant to 40 CFR part 2 may be
requests for hearings must be received 112), e.g., cattle ranchers and farmers, disclosed publicly by EPA without prior
on or before February 5, 2018, and must dairy cattle farmers, livestock farmers. notice. Submit the non-CBI copy of your
be filed in accordance with the • Food manufacturing (NAICS code objection or hearing request, identified
instructions provided in 40 CFR part 311), e.g., agricultural workers; farmers; by docket ID number EPA–HQ–OPP–
178 (see also Unit I.C. of the greenhouse, nursery, and floriculture 2011–1033, by one of the following
SUPPLEMENTARY INFORMATION). workers; ranchers; pesticide applicators. methods:
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Document Created: 2017-12-04 23:45:27
Document Modified: 2017-12-04 23:45:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective December 5, 2017. | |
| Contact | Kenneth Fradkin, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3702, or by email at [email protected] | |
| FR Citation | 82 FR 57362 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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