Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89593 

[FR Doc. 2023–28496 Filed 12–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2023–0175; FRL–11053– 

02–R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Emission Statement Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) submitted by 

the New York State Department of 

Environmental Conservation (NYSDEC) 

for purposes of enhancing an existing 

emission statement program for 

stationary sources in New York State. 

The SIP revision consists of 

amendments to regulations in New 

York’s Codes, Rules and Regulations 

(NYCRR) applicable to the emission 

statements. These provisions establish 

electronic reporting requirements for 

annual emission statements filed by 

facilities subject to Title V operating 

permits of the Act beginning in 2022 

(for calendar year 2021 emission 

reporting). The Emission Statement rule 

also improves the EPA’s and the public 

access to facility-specific emission 

related data. This action is being taken 

in accordance with the requirements of 

the Clean Air Act (Act or CAA). 

DATES: This final rule is effective on 

January 29, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2023–0175. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Controlled Unclassified 

Information (CUI) (formally referred to 

as Confidential Business Information 

(CBI)) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ysabel Banon, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, telephone number 

(212) 637–3382, or by email at 

banon.ysabel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Public Comments and EPA’s Response 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

On October 4, 2023 (88 FR 68529), the 

EPA published a Notice of Proposed 

Rulemaking that proposed to approve a 

State Implementation Plan (SIP) 

revision submitted by the NYSDEC on 

March 21, 2022, for purposes of 

enhancing an existing Emission 

Statement program for stationary 

sources in New York, with a state 

effective date of December 18, 2020. 

The SIP revision was submitted by 

NYSDEC to satisfy the ozone 

nonattainment provision of the Act and 

allows NYSDEC to more effectively plan 

for and attain the national ambient air 

quality standards (NAAQS). The 

purpose of 6 NYCRR Subpart 202–2, 

‘‘Emission Statements,’’ is to establish 

the requirements for annual emission 

statements filed by facilities subject to 

Title V operating permits under the Act. 

These requirements are set forth in 

EPA’s Air Emission Report 

Requirements rule (AERR). See 40 CFR 

51 Subpart A. The SIP revision 

establishes electronic reporting 

requirements for annual emission 

statements filed by facilities subject to 

Title V operating permits of the Act 

beginning in 2022 (for calendar year 

2021 emission reporting). 

The specific details of NYSDEC’s SIP 

submittal and the rationale for the EPA’s 

approval action are explained in the 

EPA’s proposed rulemaking and are not 

restated in this final action. For this 

detailed information, the reader is 

referred to the EPA’s October 4, 2023, 

proposed rulemaking. See 88 FR 68529. 

II. Public Comments and EPA 

Responses 

In response to the EPA’s October 4, 

2023, proposed rulemaking on 

NYSDEC’s SIP revision, the EPA 

received three supportive comments 

during the 30-day public comment 

period. The specific comments may be 

viewed under Docket ID Number EPA– 

R02–OAR–2023–0175 on the https://

regulations.gov website. 

Comment 1 

One commenter indicated that by 

enacting policies such as this, the 

NYSDEC can better regulate the major 

sources of air pollution and therefore 

move us toward achieving the NAAQS. 

Implementing an electronic submission 

system for major polluters will impose 

more responsibility on them to meet 

these emission requirements, especially 

if these companies are fined for not 

doing so. Additionally, the commenter 

suggested that this annual record be 

made available to the public. 

Response 1 

The EPA acknowledges the 

commenter’s support of the EPA’s 

proposed rule. Title 6 NYCRR, Chapter 

III, Part 202, Subpart 202–2.4(j) 

indicates that the facilities may be 

subject to enforcement actions, 

including monetary fines for incomplete 

and inaccurate emission statements. The 

commenter can review it at the EPA 

Docket ID number EPA–R02–OAR– 

2023–0175. The EPA also recognizes the 

commenter’s request for the EPA to 

make the records publicly available. The 

public can access the annual emission 

records on NYSDEC’s website 

www.dec.ny.gov/chemical/ 

125566.html#point. 

Comment 2 & 3 

Two additional public comments 

were received, which were supportive 

of the EPA’s proposed approval of 

NYSDEC’s SIP revisions. The 

commenters indicated that the revisions 

to the SIP improve air quality. 

Response 2 & 3 

The EPA acknowledges the 

commenters’ support of the EPA’s 

proposed rule. 

III. Final Action 

The EPA is approving a SIP revision 

submitted by NYSDEC on March 21, 

2022, for purposes of enhancing an 

existing Emission Statement program for 

stationary sources in New York. The SIP 

revision consists of amendments to Title 

6 NYCRR, Chapter III, part 202, subpart 

202–2, ‘‘Emission Statements,’’ with a 

state effective date of December 18, 

2020. 

Based on the EPA’s review, the 

Emission Statement rule contains the 

necessary applicability, compliance, 

enforcement, and reporting 

requirements for an approvable 

emission statement program. 

IV. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 6 

NYCRR Part 202, Subpart 202–2, 


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89594 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

‘‘Emission Statements,’’ regulation 

described in the amendments to 40 CFR 

part 52 as discussed in Section I. of this 

preamble. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 2 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the State Implementation Plan, have 

been incorporated by reference by the 

EPA into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP 

compilation.1

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications and it will not 

impose substantial direct costs on tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The NYSDEC did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the Stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 26, 

2024. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

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

Lisa Garcia, 

Regional Administrator, Region 2. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. In § 52.1670, in the table in 

paragraph (c), revise the entry for ‘‘Title 

6, Part 202, Subpart 202–2’’ to read as 

follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89595 

1See 46 CFR 136.130—Options for documenting 

compliance to obtain a Certificate of Inspection. 

2The TSMS option is a voluntary inspection 

option that permits qualified third-party 

organizations to conduct certain vessel 

examinations in place of Coast Guard inspections. 

See 46 CFR part 138—Towing Safety Management 

System (TSMS). 

3See 81 FR 40005. We discuss a recent statutory 

exception for TSMS-option vessels below. 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS

State citation Title/subject State effective 

date 

EPA approval 

date Comments 

*******

Title 6, Part 202, Subpart 

202–2.

Emission Statements ............. 12/18/2020 12/28/2023 • EPA approval finalized at [insert Federal 

Register citation]. 

* * * * * * * 

* * * * * 

[FR Doc. 2023–28343 Filed 12–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 2 

[Docket No. USCG–2018–0538] 

RIN 1625–AC55 

User Fees for Inspected Towing 

Vessels 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is updating 

its user fees for seagoing towing vessels 

that are 300 gross tons or more and 

revising user fees for other inspected 

towing vessels. The Coast Guard is 

issuing these updates because it is 

required to establish and maintain a fair 

fee for its vessel inspection services and 

to separate the fees for inspection 

options that involve third-party auditors 

and surveyors from inspection options 

that do not involve third parties. Under 

this final rule, owners and operators of 

vessels using the Alternate Compliance 

Program, Streamlined Inspection 

Program, or the Towing Safety 

Management System options will pay a 

lower fee than vessels that use the 

traditional Coast Guard inspection 

option. 

DATES: This final rule is effective March 

27, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2018– 

0538 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email Ms. Jennifer Hnatow, Coast 

Guard; telephone 202–372–1216, email 

Jennifer.L.Hnatow@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Basis and Purpose 

A. The Problem We Seek To Address 

B. Legal Authority To Address This 

Problem 

C. Recent Legislation 

III. Background 

A. Origins of Annual Vessel Inspection 

Fees 

B. Current Fees for Towing Vessels Subject 

to 46 CFR Subchapters I and M 

IV. Discussion of Comments and Changes 

V. Discussion of the Rule 

A. Categories of Annual Fees 

B. Amending Annual Inspection Fees for 

Seagoing Towing Vessels Subject to 46 

CFR Subchapter I 

C. Establishing Specific Annual Inspection 

Fees for Towing Vessels Subject to 46 

CFR Subchapter M 

D. Methodology for Calculating Fees 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

ACP Alternate Compliance Program 

CAA 2022 Consolidated Appropriations Act 

of 2022 

CGAA 2018 Frank LoBiondo Coast Guard 

Authorization Act of 2018 

CG–CVC Office of Commercial Vessel 

Compliance 

COI Certificate of Inspection 

DAPI Drug and Alcohol Program Inspector 

DHS Department of Homeland Security 

FR Federal Register 

FRFA Final Regulatory Flexibility Analysis 

FTE Full-Time Equivalent 

ICR Information Collection Request 

IRFA Initial Regulatory Flexibility Analysis 

MISLE Marine Information for Safety and 

Law Enforcement 

MTSA Maritime Transportation Security 

Act 

NAICS North American Industry 

Classification System 

NPRM Notice of proposed rulemaking 

OMB Office of Management and Budget 

RFA Regulatory Flexibility Act 

SBA Small Business Administration 

§ Section 

SIP Streamlined Inspection Program 

SSM Sector Staffing Model 

TSMS Towing Safety Management System 

TVNCOE Towing Vessel National Center of 

Expertise 

U.S.C. United States Code 

II. Basis and Purpose 

In this section, the Coast Guard 

identifies the problem we intend to 

address, the well-established statutory 

authority that enables us to issue this 

final rule, and the recent legislation that 

provides additional authority for this 

rulemaking. 

A. The Problem We Seek To Address 

On June 20, 2016, the Coast Guard 

published a final rule titled ‘‘Inspection 

of Towing Vessels’’ (81 FR 40003), in 

which we stated our plan to begin a 

rulemaking for annual inspection fees 

for towing vessels. The updated annual 

inspection fees in this final rule reflect 

the program’s costs for two options for 

towing vessels to document compliance 

for obtaining a Certificate of Inspection 

(COI): 1 the Coast Guard option and the 

Towing Safety Management System 

(TSMS) option.2 As indicated in the 

2016 final rule, the existing default fee 

of $1,030 was identified as the annual 

inspection fee for towing vessels subject 

to 46 CFR subchapter M until new rates 

were established. The existing fee of 

$1,030 is found in 46 CFR 2.10–101 and 

applies to any inspected vessel not 

listed in table 2.10–101.3

In addition to towing vessels subject 

to subchapter M that are required to 

obtain COIs, towing vessels that qualify 

as seagoing motor vessels (300 gross 

tons or more) are required to have COIs 

under regulations in 46 CFR, chapter I, 


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