Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 29723 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0427 to read as 

follows: 

§ 165.T09–0427 Safety Zone; USA 

Triathlon Age Group National 

Championships; Lake Erie, Cleveland, OH. 

(a) Location. The safety zone will 

encompass all waters of Lake Erie, off of 

Edgewater Park, Cleveland OH, inside 

an area starting on shore at position 

41°29′16′′ N, 081°44′49′′ W then 

Northwest to 41°29′34′′ N, 081°45′02′′ W 

then Northeast to 41°29′43′′ N, 

081°44′31′′ W, and Southeast back to 

shore at position 41°29′28′′ N, 

081°44′22′′ (NAD 83). 

(b) Enforcement Period. This rule will 

be enforced from 10:00 a.m. to 1:30 p.m. 

on August 10, 2018 from 5:00 a.m. to 

5:30 p.m. on August 11, 2018 and from 

5:00 a.m. to 12:00 p.m. on August 12, 

2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. 

Dated: June 20, 2018. 

Joseph S. Dufresne, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2018–13665 Filed 6–25–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2016–0414; FRL–9979– 

91—Region 2] 

Approval of Air Quality Implementation 

Plans; New York; Subpart 225–1, Fuel 

Composition and Use—Sulfur 

Limitations 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency is proposing to approve a 

revision to the New York State 

Implementation Plan concerning sulfurin-fuel limits. The intended effect of this 

revision is to add a regulatory 

mechanism for meeting the existing 

obligations related to regional haze. The 

SIP revision consists of amendments to 

Title 6 of the New York Codes, Rules 

and Regulations Subpart 225–1, ‘‘Fuel 

Composition and Use—Sulfur 

Limitations’’ and Section 200.1, 

‘‘Definitions’’ and, also removes an 

obsolete provision from the Code of 

Federal Regulations related to facility 

specific sulfur-in-fuel limits. 

DATES: Comments must be received on 

or before July 26, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2016–0414, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods i.e., the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3381, or by 

email at wieber.kirk@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. EPA’s Evaluation of New York’s Submittal 

III. Updating 40 CFR 52.1675 Control 

Strategy and Regulations: Sulfur Oxides 

IV. Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

The Environmental Protection Agency 

(EPA) proposes to approve New York’s 

State Implementation Plan (SIP) 

submittal consisting of revisions to Title 

6 of the New York Codes, Rules and 

Regulations (6 NYCRR) Section 200.1, 

‘‘Definitions,’’ which adds a definition 

for waste oil. EPA proposes to approve, 

with limitations, Subpart 225–1, ‘‘Fuel 

Composition and Use—Sulfur 

Limitations,’’ as contributing to 

attainment of the National Ambient Air 

Quality Standards (NAAQS) for 

particulate matter less than or equal to 

2.5 microns in diameter (PM 2.5) and the 

NAAQS for sulfur dioxide (SO2), and 

establishing a revised regulatory 

mechanism for New York’s regional 

haze SIP. The EPA’s proposed approval 

of New York’s sulfur-in-fuel regulation 

into the SIP does not alter the EPA’s 

prior action on New York’s Regional 

Haze SIP, which includes emission 

reductions related to the sulfur-in-fuel 

requirements of section 19–0325 of the 

Environmental Conservation Law (ECL). 

77 FR 51915 (Aug. 28, 2012). The EPA 

is proposing to approve these revisions, 

requested by New York, as 

strengthening the effectiveness of New 

York’s SIP. 

Pursuant to 40 CFR part 51, the EPA 

also is proposing to remove a section 

from 40 CFR 52.1675 which lists sulfur 

limitations for various facilities in New 

York. EPA has determined that these 

limitations have expired and/or refer to 

sources which have been shut down. 

That determination was reflected in 

EPA’s reformatting exercise that ensured 

that all revisions to the New York State 

SIPs are accurately reflected in 40 CFR 

part 52, including 40 CFR 52.1670(d), 

‘‘EPA approved State source-specific 

requirements.’’ 76 FR 41705 (July 15, 

2011). In addition, the sulfur-in-fuel 

rule proposed for approval here requires 

the use of lower sulfur fuel, with lower 

sulfur concentrations than the limits 

listed in 40 CFR 52.1675. The EPA is 

therefore removing the existing sulfur 

limitations in 40 CFR 52.1675 as they 

are superfluous and obsolete. 


sradovich on DSK3GMQ082PROD with PROPOSALS
29724 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 

II. EPA’s Evaluation of New York’s 

Submittal 

On June 12, 2013, New York State 

Department of Environmental 

Conservation (NYSDEC) submitted to 

the EPA the proposed revisions to 

Section 200.1 and Subpart 225–1 and 

supplemental materials, including 

documentation of the comment period 

and public hearings, and NYSDEC’s 

responses to public comments. These 

materials are in the EPA’s docket for 

this proposal. 

Revisions to Section 200.1 

The EPA is proposing to approve 

Section 200.1, which includes New 

York’s new definition for ‘‘waste oil’’ at 

6 NYCRR 200.1(cw). This definition is 

relevant to Subpart 225–1 and is 

consistent with similar definitions of 

waste oil recognized by EPA. 

NYSDEC also revised 6 NYCRR 200.9, 

Table 1, updating the list of federal 

regulations referenced in the amended 

Subpart 225–1. In a separate rulemaking 

action, the EPA approved a SIP 

submittal from New York, dated October 

12, 2011 and revised on July 25, 2016, 

of Section 200.9, Table 1. 81 FR 95049 

(Dec. 27, 2016). That approval included 

the revisions to Section 200.9, Table 1, 

referenced in NYSDEC’s June 12, 2013 

submittal. We therefore have already 

acted on the revision to Section 200.9, 

Table 1, which references the amended 

Subpart 225–1, and we are not taking 

action here. 

Subpart 225–1 

New York relied on ECL section 19– 

0325, limiting sulfur concentrations in 

fuel oil, in its Regional Haze SIP and the 

EPA approved it as part of New York’s 

emissions reduction plan to make 

reasonable progress toward reducing 

widespread visibility impairment. 77 FR 

51915. By submitting this revision to 

Subpart 225–1 to the EPA for SIP 

approval, New York is adding a 

regulatory mechanism for implementing 

the reduced sulfur-in-fuel limits in 

ECL–19–0325 and the Regional Haze 

SIP. The EPA proposes to approve these 

revisions to strengthen the New York’s 

SIP. 

Sulfur-in-Fuel Limitations 

Section 225–1.2 provides the sulfurin-fuel limitations and are identified 

below. 

Owners and/or operators of any 

stationary combustion installation that 

fires solid fuels are limited to the firing 

of solid fuel with a sulfur content listed 

in the table below on or after July 1, 

2014: 

Area 

Solid fuel 

(pounds of sulfur per million Btu gross 

heat content) 

New York City .............................................................................................................................. 0.2 MAX. 

Nassau, Rockland and Westchester Counties ............................................................................ 0.2 MAX. 

Suffolk County: Towns of Babylon, Brookhaven, Huntington, Islip, and Smith Town ................ 0.6 MAX. 

Erie and Niagara Counties .......................................................................................................... 1.7 MAX, 1.4 AVG.* 

Remainder of State ...................................................................................................................... 2.5 MAX, 1.9 AVG *, and 1.7 AVG (ANNUAL).** 

* Averages are computed for each emission source by dividing the total sulfur content by the total gross heat content of all solid fuel received 

during any consecutive three-month period. 

** Annual averages are computed for each emission source by dividing the total sulfur content by the total gross heat content of all solid fuel 

received during any consecutive 12-month period. 

Owners and/or operators of any 

stationary combustion installation that 

fires residual oil are limited to the firing 

of residual oil with a sulfur content 

listed in the table below on or after July 

1, 2014: 

Area Residual oil 

(percent sulfur by weight) 

New York City .................................................................................................................................................. 0.30 

Nassau, Rockland and Westchester Counties ................................................................................................ 0.37 

Owners and/or operators of any 

stationary combustion installation that 

fires residual oil are limited to the 

purchase of residual oil with a sulfur 

content listed in the table below on or 

after July 1, 2014, and are limited to the 

firing of residual oil with a sulfur 

content listed in the table below on or 

after July 1, 2016: 

Area Residual oil 

(percent sulfur by weight) 

Suffolk County: Towns of Babylon, Brookhaven, Huntington, Islip, and Smith Town .................................... 0.50 

Erie and Niagara Counties .............................................................................................................................. 0.50 

Remainder of State .......................................................................................................................................... 0.50 

Owners and/or operators of 

commercial, industrial, or residential 

emission sources that fire number two 

heating oil on or after July 1, 2012 are 

limited to the purchase of number two 

heating oil with 0.0015 percent sulfur 

by weight or less. 

Owners and/or operators of a 

stationary combustion installation that 

fires distillate oil other than number two 

heating oil are limited to the purchase 

of distillate oil with 0.0015 percent 

sulfur by weight or less on or after July 

1, 2014. 

Owners and/or operators of any 

stationary combustion installation that 

fires distillate oil including number two 

heating oil are limited to the firing of 

distillate oil with 0.0015 percent sulfur 

by weight or less on or after July 1, 

2016. 

Owners and/or operators of any 

stationary combustion installation that 

fires waste oil on or after July 1, 2014 

are limited to the firing of waste oil with 

0.75 percent sulfur by weight or less. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 29725 

1Section 5–117 of the New York State Energy 

Law concerns powers granted to the Commissioner 

of the New York State Energy Research and 

Development Authority (NYSERDA) when the 

Governor finds there is a fuel supply emergency; 

the powers are authorized to the extent that they are 

not in conflict with federal law. 

2Subpart 225–1.4 also allows variances for fuel 

fired to demonstrate the performance of 

experimental equipment and/or processes for 

reducing sulfur compounds from an emission 

source. 

Exceptions and Variances Provided for 

in Subpart 225–1 

6 NYCRR Sections 225–1.3 and 225– 

1.4 include provisions allowing for 

exceptions or variances from the sulfurin-fuel limits set forth in ECL 19–0325 

and Section 225–1.2. 

Section 225–1.3 addresses exceptions 

to fuel limitations due to fuel shortage. 

It provides that NYSDEC may issue an 

order granting a temporary exception 

based on an insufficient supply of 

conforming fuel, provided the decision 

is certified by the New York State 

Energy Research and Development 

Authority. The exception cannot exceed 

45 days, unless the department permits 

a public hearing, after which the 

extension can be granted for up to one 

year. Section 225–1.3(e) recognizes that, 

pursuant to New York State Energy Law 

5–117, any provisions of Section 225– 

1.3 may be preempted if the Governor 

declares that a fuel-supply emergency 

exists or is impending.1

Section 225–1.4 allows for fuel 

mixture or equivalent emission rate 

variances. Fuels with sulfur content 

greater than that allowed by Section 

225–1.2 may be fired when the facility 

owner can demonstrate that sulfur 

dioxide emissions do not exceed the 

value for S calculated using the 

following equation: 

S = (1.1AM + 2BT)/(M + T) 

Where: 

S = Allowable sulfur dioxide emission (in 

pounds per million Btu) 

A = Sulfur in oil allowed by section 225–1.2 

of this Subpart (in percent by weight) 

B = Average sulfur in solid fuel allowed by 

section 225–1.2 of this Subpart (in 

pounds of sulfur per million Btu gross 

heat content) 

M = Percent of total heat input from liquid 

fuel 

T = Percent of total heat input from solid fuel 

(including coal, coke, wood, wood waste, 

and refuse-derived fuel) 

Fuel mixtures and equivalent 

emission rate variances only apply to 

processes or stationary combustion 

installations. Compliance will be based 

on the total heat input from all fuels 

fired, including gaseous fuels. Any 

process or stationary combustion 

installation owner who chooses to fire a 

fuel mixture is subject to the emission 

and fuel monitoring requirements of 

Section 225–1.5.2

In the initial approval of Part 225 into 

the SIP, the EPA indicated that 

variances adopted by the State pursuant 

to sections 225.2(b) and (c), 225.3, and 

225.5(c) are federally enforceable only if 

approved by the EPA as SIP revisions. 

46 FR 55690, 55693 (Nov. 12, 1981). The 

provisions of 225.2(b) and (c), 225.3, 

and 225.5(c), although now renumbered 

in revised Subpart 225–1, are 

substantively unchanged. Therefore, 

EPA’s condition, that variances adopted 

pursuant to these conditions are 

federally enforceable only if approved 

by the EPA as SIP revisions, remains in 

effect. 81 FR 23167, 23171 (April 20, 

2016); 40 CFR part 52.1670. 

The EPA proposes to approve New 

York’s Subpart 225–1 submittal, 

provided that, consistent with prior 

approvals of Part 225, any exception or 

variance must to be submitted to the 

EPA as a source-specific SIP revision 

and is not federally enforceable until 

approved by EPA. 

III. Updating 40 CFR 52.1675 Control 

Strategy and Regulations: Sulfur Oxides 

40 CFR 52.1675 includes a list of 

special limitations of sulfur-in-fuels, 

adopted in the 1980s, for a variety of 

sources. EPA has determined that either 

these limits have expired or the sources 

have shut down. 47 FR 7662 (2/22/82); 

letter from NYSDEC, dated March 25, 

2011, confirming the shut-down of 

Lovett Generating Station (a copy is in 

the docket for this action). EPA’s 

determination was reflected in the 

reformatting exercise that ensured that 

all revisions to the New York State SIP 

are accurately reflected in 40 CFR part 

52, including 40 CFR 52.1670(d), ‘‘EPA 

approved State source-specific 

requirements.’’ 76 FR 41705 (July 15, 

2011). 40 CFR 52.1670(d) identifies all 

source-specific requirements still 

effective in New York State. The EPA is 

proposing to remove the provisions 

listed below from 40 CFR 52.1675 as 

superfluous and obsolete. 

List of special limitations from 40 

CFR 52.1675(d), (f) and (g) that the EPA 

proposes to remove: 

(d) Section 225.3(e) of Subchapter A, 

Chapter III, Title 6 of New York State’s 

Official Compilation of Codes, Rules and 

Regulations, is disapproved since it does not 

provide for the type of permanent control 

necessary to assure attainment and 

maintenance of national standards. 

* * * * * 

(f) The following applies to the 

Environmental Protection Agency’s approval 

as a SIP revision of the ‘‘special limitation’’ 

promulgated by the Commissioner of the New 

York State Department of Environmental 

Conservation on November 20, 1979 

permitting the purchase and use by the 

Consolidated Edison Company of New York, 

Inc. of fuel oil with a maximum sulfur 

content of 1.5 percent, by weight, at units 2 

and 3 of its Arthur Kill generating facility on 

Staten Island, New York and unit 3 of its 

Ravenswood generating station in Queens, 

New York: 

(1) On or before the ‘‘Date of Conversion’’ 

indicated below, each ‘‘Facility’’ indicated 

below shall combust only natural gas for the 

duration of the special limitation. 

(a) City College of New York, Amsterdam 

Ave. between W. 135th St. and W. 138th St., 

Manhattan— 

North Campus Academic Center: 

Converted North Campus Main Boiler 

(Compton Hall): Two boilers shut-down; One 

boiler converted; 

South Campus—Boiler Plant: Converted; 

North Campus Science and Physical 

Education Building: October 1, 1980. 

(b) Harlem Hospital, 135th St. and Lenox 

Ave., Manhattan: April 1, 1981; 

(c) Columbia University, 116th St. and 

Broadway, Manhattan: Converted; 

(d) New York City Housing Auth., Senator 

Robert F. Wagner Houses, 23–96 First Ave.: 

October 1, 1980; 

(e) New York City Housing Auth., Frederick 

Douglass Houses, 880 Columbus Ave., 

Manhattan: October 1, 1980; 

(f) New York City Housing Auth., 

Manhattanville Houses, 549 W. 126th St., 

Manhattan: October 1, 1980; 

(g) New York City Housing Auth., St. 

Nicholas Houses, 215 W. 127th St.: October 

1, 1980; 

(h) New York City Housing Auth., General 

Grant Houses, 1320 Amsterdam Ave., 

Manhattan: October 1, 1980; 

(i) New York City Housing Auth., Harlem 

River Houses, 211–0–1 W. 151st Street, 

Manhattan: October 1, 1980; 

(j) New York City Housing Auth., Martin 

Luther King Towers, 90 Lenox Ave., 

Manhattan: October 1, 1980; 

(k) New York City Housing Auth., Drew 

Hamilton Houses, 210 W. 142nd Street, 

Manhattan: October 1, 1980. 

(2) If any of the facilities identified in 

paragraph (g)(1) of this section, fail to meet 

the requirements of that paragraph, the 

Consolidated Edison Company shall not burn 

fuel oil with a sulfur content in excess of 0.30 

percent, by weight. For this purpose, 

Consolidated Edison shall maintain a reserve 

supply of fuel oil with a maximum sulfur 

content of 0.30 percent, by weight, and shall 

have a mechanism to switch promptly to the 

use of such fuel oil. 

(3) EPA’s approval of this revision to the 

New York SIP will extend for a period of 

twelve months from [August 11, 1980] or 

such longer period limited to twelve months 

from the date on which fuel oil with a sulfur 

content exceeding 0.30 percent, by weight, is 

first burned at any of the affected 

Consolidated Edison facilities. However, once 

the use of high sulfur fuel oil has 

commenced, failure to meet any of the 

conversion dates specified in paragraph 

(g)(1) of this section shall not extend the 

period of EPA approval. 


sradovich on DSK3GMQ082PROD with PROPOSALS
29726 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 

(4) On or before July 1, 1981 the 

Consolidated Edison Company of New York, 

Inc. shall displace the use of approximately 

7.1 million gallons of residual oil, as 

projected on an annual basis, through a gas 

conversion program to be implemented 

within a two-mile radius of the Mabel Dean 

Bacon High School Annex monitor. 

Beginning on the first day of the month in 

which fuel oil with a sulfur content exceeding 

0.30 percent, by weight, is first burned at any 

of the affected Consolidated Edison facilities 

and continuing for twelve months thereafter, 

the Consolidated Edison Company of New 

York, Inc. shall submit a report to the EPA, 

on a monthly basis, which includes, but is 

not limited to, the following information 

regarding this program: 

(i) The total gallonage of fuel oil capacity 

converted (projected to an annual amount) as 

of that date, 

(ii) The potential gallonage from sources at 

which conversion work has begun, and 

(iii) The projected gallonage from sources 

expected to be converted by July 1, 1981. 

(g) The Environmental Protection Agency 

has approved a New York State 

Implementation Plan revision relating to the 

SO2 emission limit for units 4 and 5 of 

Orange and Rockland Utilities’ Lovett 

generating station. The revision which allows 

Lovett to burn coal at units 4 and 5 was 

submitted by the New York State Department 

of Environmental Conservation (NYSDEC) on 

September 18, 1990, with additional 

materials submitted on April 12, 1991, and 

June 3, 1991. This action sets the emission 

limit applicable to the facility to 1.0 pound 

per million British thermal units (MMBtu) for 

units 4 and 5 if both are operated on coal, 

or to 1.5 lb/MMBtu for one unit if the other 

is operated on fuel oil, natural gas or is not 

operated at all, as set forth in the Certificates 

to Operate issued by NYSDEC on April 3, 

1991. The SO2 emission limit, monitoring 

and recordkeeping requirements pertaining 

to the SO2 emissions are incorporated by 

reference into the Certificates to Operate. 

The EPA also proposes to revise 40 

CFR 52.1675(e) to conform with the new 

nomenclature in New York’s revised 

Subpart 225–1, and for it to read as 

follows: 

(e) Any exception or variance promulgated 

by the Commissioner under 6 NYCRR 

Sections 225–1.3 and 1.4 shall not exempt 

any person from the requirements otherwise 

imposed by 6 NYCRR Subpart 225–1; 

provided that the Administrator may approve 

such exception or variance as a plan revision 

when the provisions of this part, section 

110(a)(3)(A) of the Act, and 40 CFR Part 51 

(relating to approval of and revisions to State 

implementation plans) have been satisfied 

with respect to such exception or variance. 

The removed sections of 40 CFR 

52.1675: (d), (f) and (g), will be labeled 

as reserved. 

IV. Proposed Action 

The EPA proposes to approve the 

revisions to New York’s Title 6 of the 

New York Codes, Rules and Regulations 

Subpart 225–1, ‘‘Fuel Composition and 

Use—Sulfur Limitations’’ and Section 

200.1, ‘‘Definitions,’’ both effective on 

April 5, 2013, into New York’s SIP as 

strengthening enforcement of the State’s 

air pollution control regulations. 

In addition, EPA has determined that 

the source-specific limits in the New 

York’s SIP at 40 CFR 52.1675(d), (f) and 

(g) have either expired or the affected 

sources have shut down and that the 

52.1675 requirements are therefore 

superfluous and obsolete. The EPA is 

proposing to remove the source-specific 

limits from 52.1675(d), (f) and (g). The 

EPA also proposes to revise 40 CFR 

52.1675(e) to conform with the new 

nomenclature in New York’s revised 

Subpart 225–1. 

V. Incorporation by Reference 

In this rule, we are proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, we are 

proposing to incorporate by reference 

the provisions described above in 

Section IV. Proposed Action. 

EPA has made, and will continue to 

make, these documents generally 

available electronically through http://

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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); 

• 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 CAA; 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175, because the SIP 

is not approved to apply in Indian 

country located in the state, and EPA 

notes that it will not impose substantial 

direct costs on tribal governments or 

preempt tribal law. Thus, Executive 

Order 13175 does not apply to this 

action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 8, 2018. 

Peter D. Lopez, 

Regional Administrator, Region 2. 

[FR Doc. 2018–13722 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 


sradovich on DSK3GMQ082PROD with PROPOSALS