37122 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 7, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

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 II—North Carolina 

■ 2. Section 52.1770(e) is amended by 

adding a new entry for ‘‘8-Hour Carbon 

Monoxide Limited Maintenance Plan for 

Charlotte, Raleigh/Durham and 

Winston-Salem Maintenance Area’’ at 

the end of the table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective date EPA approval date Federal Register citation Explanation 

*******

8-Hour Carbon Monoxide Limited Maintenance Plan 

for Charlotte, Raleigh/Durham and Winston-Salem 

Maintenance Area.

August 2, 2012 ...... 6/20/2013 ............... [Insert citation of publication] 

[FR Doc. 2013–14507 Filed 6–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2013–0274; FRL–9825–1] 

Approval and Promulgation of 

Implementation Plans; New York; 

Infrastructure SIP for the 1997 8-Hour 

Ozone and the 1997 and 2006 Fine 

Particulate Matter Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving certain 

elements of New York’s State 

Implementation Plan (SIP) revisions 

submitted to demonstrate that the State 

meets the requirements of section 

110(a)(1) and (2) of the Clean Air Act 

(CAA) for the 1997 8-hour ozone and 

the 1997 and 2006 fine particulate 

matter (PM2.5) National Ambient Air 

Quality Standards (NAAQS). Section 

110(a) of the CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by the EPA and is 

commonly referred to as an 

infrastructure SIP. 

DATES: Effective Date: This rule is 

effective on July 22, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2013–0274. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. The Air 

Programs Branch dockets are available 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The Air Programs Branch 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–4249, or by 

email at wieber.kirk@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose 

Under CAA section 110(a)(1), states 

are required to submit plans called state 

implementation plans (SIPs) that 

provide for the implementation, 

maintenance and enforcement of each 

NAAQS and are referred to as 

infrastructure SIPs. 42 U.S.C. 7410(a)(1). 

On July 18, 1997, EPA promulgated new 

and revised NAAQS for 8-hour ozone 

(62 FR 38856) and PM2.5 (62 FR 38652). 

EPA strengthened the 24-hour PM2.5

NAAQS on October 17, 2006 (71 FR 

61144). The 14 elements required to be 

addressed in infrastructure SIPs are as 

follows: (1) Emission limits and other 

control measures; (2) ambient air quality 

monitoring/data system; (3) program for 

enforcement of control measures; (4) 

interstate transport; (5) adequate 

resources; (6) stationary source 

monitoring system; (7) emergency 

power; (8) future SIP revisions; (9) 

consultation with government officials; 

(10) public notification; (11) prevention 

of significant deterioration (PSD) and 

visibility protection; (12) air quality 

modeling/data; (13) permitting fees; and 

(14) consultation/participation by 

affected local entities. 

EPA is acting on three New York SIP 

submittals, dated December 13, 2007, 

October 2, 2008 and March 15, 2010, 

which address the section 110 

infrastructure requirements for the three 

NAAQS: The 1997 8-hour ozone 

NAAQS, the 1997 annual and 24-hour 

PM2.5 NAAQS, and the 2006 24-hour 

PM2.5 NAAQS. This action does not 

address the requirements of section 

110(a)(2)(D)(i) for the 1997 ozone and 

1997 PM2.5 NAAQS, since they were 

addressed in previous rulemakings. See 

January 24, 2008 (73 FR 4109). 

Additionally, this action does not 

address the requirements of section 

110(a)(2)(D)(i)(I) for the 2006 PM2.5

NAAQS, which also was addressed in a 

previous EPA rulemaking. See July 20, 

2011 (76 FR 43153). Two elements 

identified in section 110(a)(2) are not 

governed by the three year submission 

deadline of section 110(a)(1) because 

SIPs incorporating necessary local 

nonattainment area controls are not due 

within three years after promulgation of 

a new or revised NAAQS, but rather due 

at the time that the nonattainment area 

plan requirements are due pursuant to 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37123 

section 172. See 77 FR 46352, 46354 

(August 3, 2012) (footnote 3); 77 FR 

60307, 60308 (October 3, 2012) (footnote 

1). These requirements are: (1) 

Submissions required by section 

110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in 

part D Title I of the CAA, and (2) 

submissions required by section 

110(a)(2)(I) which pertain to the 

nonattainment planning requirements of 

part D, Title I of the CAA. As a result, 

this action does not address the above 

infrastructure elements related to 

section 110(a)(2)(C) or 110(a)(2)(I). 

EPA proposed action on the three SIP 

revisions on April 30, 2013 (78 FR 

25236) and no comments were received 

on the proposal. The reader is referred 

to the April 30, 2013 proposed 

rulemaking for a detailed discussion of 

New York’s submittals and EPA’s 

review and proposed actions. 

In a letter dated May 23, 2013, New 

York made a supplemental submittal 

that addresses the following 110(a)(2) 

sub-elements: E(ii) (conflict of interest 

provisions) and E(iii) (delegations). 

II. What action is EPA taking? 

EPA is approving New York’s 

submittals as fully meeting the 

infrastructure requirements for the 1997 

8-hour ozone and the 1997 and 2006 

PM2.5 NAAQS for the following section 

110(a)(2) elements and sub-elements: 

(A), (B), (C), (D)(i)(II) prongs 3 and 4, 

(D)(ii), (E)(i), (F), (G), (H), (J), (K), (L), 

and (M). With this approval action, 

EPA’s action on October 22, 2008 (73 FR 

62902) for New York has been satisfied. 

New York made a supplemental 

submittal on May 23, 2013 which 

corrects the deficiencies, relevant to 

sub-elements E(ii) and E(iii), that were 

identified in the April 30, 2013 

proposed rulemaking action. New 

York’s supplemental submittal includes: 

New York Public Officer’s Law (POL) 

section 73–a, ‘‘Financial disclosure;’’ 

Title 19 of the New York Codes of Rules 

and Regulations (19 NYCRR) Part 937, 

‘‘Access To Publicly Available 

Records;’’ a list identifying entities that 

received delegated responsibilities for 

implementing and enforcing portions of 

the New York SIP; and, a copy of the 

‘‘delegation order.’’ On April 30, 2013, 

EPA proposed to conditionally approve 

New York’s infrastructure SIP in 

fulfilling the requirements of section 

110(a)(2)(E)(ii) and E(iii) for 1997 8-hour 

ozone and PM2.5 NAAQS, provided the 

State committed to submit: POL section 

73–a and 19 NYCRR Part 937 for 

approval as part of the SIP; a list of the 

county or local governments or entities 

that have been delegated responsibilities 

to implement or enforce portions of the 

SIP; and, copies of the delegation orders 

or memoranda of understanding 

between the State and the county or 

local governments or entities. However, 

EPA also proposed in the April 30, 2013 

action, that in the alternative, should 

New York submit the required 

information before we take final 

rulemaking action, EPA will fully 

approve section 110(a)(2)(E)(ii) and 

E(iii). Therefore, since New York 

submitted the required information, 

EPA is approving New York’s submittals 

for the 1997 8-hour ozone and 1997 and 

2006 PM2.5 NAAQS for the following 

110(a)(2) sub-elements: E(ii) (state 

boards and conflict of interest 

provisions) and E(iii) (delegations). EPA 

is also approving POL section 73–a 

(2)(a)(i) and (ii) and 19 NYCRR Subpart 

937.1(a) into the New York SIP for the 

limited purpose of satisfying Clean Air 

Act Section 128(a)(2). 

III. 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 August 19, 2013. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

mstockstill on DSK4VPTVN1PROD with RULES

37124 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

requirements, Volatile organic 

compounds. 

Dated: June 5, 2013. 

Judith A. Enck, 

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 

■ 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. Section 52.1670 is amended by: 

■ a. Adding a new heading for Title 19 

and a new entry for ‘‘Part 937, Access 

to Publicly Available Records’’ to the 

table in paragraph (c) before the heading 

for ‘‘Environmental Conservation Law;’’ 

■ b. Adding a new heading for ‘‘Public 

Officers Law’’ and a new entry for 

‘‘Section 73–a, Financial Disclosure’’ to 

the table in paragraph (c) after the entry 

for ‘‘Section 19–0325;’’ and, 

■ c. Adding a new entry at the end of 

the table in paragraph (e). 

The additions read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS

New York State regulation State effective 

date Latest EPA approval date Comments 

*******

Title 19 

Part 937, ‘‘Access To Publicly Available Records’’.8/27/12 6/20/13 [Insert FR page citation] ............ Only subpart 937.1(a) is approved into 

the SIP and is for the limited purpose 

of satisfying Clean Air Act Section 

128(a)(2). 

* * * * * * * 

Public Officers Law 

Section 73–a, ‘‘Financial disclosure’’ 8/15/11 6/20/13 [Insert FR page citation] ............ Only subsections 73–a (2)(a)(i) and (ii) 

are approved into the SIP and are for 

the limited purpose of satisfying Clean 

Air Act Section 128(a)(2). 

* * * * * (e) * * * 

EPA-APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISIONS

Action/SIP element Applicable geographic or 

nonattainment area New York submittal date EPA approval date Explanation 

*******

Section 110(a)(2) Infrastructure Requirements 

for the 1997 8-hour 

ozone and the 1997 and 

2006 PM2.5 NAAQS.

Statewide .......................... 12/13/07, 10/2/08, 3/15/10 

and supplemented on 5/ 

23/13.

6/20/13 [Insert page number where the document 

begins].

This action addresses the 

following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(i)(II) prongs 3 and 4, 

(D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

[FR Doc. 2013–14626 Filed 6–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0494, FRL–9802–7] 

Approval and Promulgation of 

Implementation Plans; Oregon: Heat 

Smart Program and Enforcement 

Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving 

revisions to Oregon’s State 

Implementation Plan (SIP) submitted to 

the EPA by the State of Oregon on 

October 5, 2011, June 8, 2012, and 

November 28, 2012. The submitted 

revisions relate to Oregon’s Heat Smart 

program, rules for enforcement 

procedures and civil penalties, and 

contain minor revisions and 

clarifications to general air pollution 

definitions, rules for stationary source 

notification requirements, and 

requirements for fuel burning. The EPA 

is approving these SIP revisions because 

the revisions meet the requirements of 

the Clean Air Act. 

DATES: This final rule is effective on July 

22, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2012–0494. All documents in the docket 

are listed on the http:// 

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 the disclosure of 

which 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 either 

mstockstill on DSK4VPTVN1PROD with RULES