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[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45499-45500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20823]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2015-0498; FRL-9968-64-Region 2]

Approval and Promulgation of Implementation Plans; New York; 
Regional Haze Five-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving New 
York's regional haze progress report, submitted on June 16, 2015, as a 
revision to its State Implementation Plan (SIP). New York's SIP 
revision addresses requirements of the Clean Air Act and the EPA's 
rules that require each state to submit periodic reports describing 
progress towards reasonable progress goals established for regional 
haze and a determination of the adequacy of the state's existing 
regional haze SIP. The EPA is approving New York's determination that 
the State's regional haze SIP is adequate to meet these reasonable 
progress goals for the first implementation period which extends 
through 2018.

DATES: This rule is effective on October 30, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2015-0498. 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., 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: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10278, (212) 637-3381 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Under the Regional Haze Rule,\1\ each state was required to submit 
its first implementation plan addressing regional haze visibility 
impairment to the EPA no later than December 17, 2007. See 40 CFR 
51.308(b). New York submitted its regional haze plan on March 15, 2010. 
On August 28, 2012, the EPA approved New York's regional haze SIP 
submittal addressing the requirements of the first implementation 
period for regional haze. 77 FR 51915 (Aug. 28, 2012).
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    \1\ 40 CFR part 51, subpart P.
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    Each state is also required to submit a progress report, in the 
form of a SIP revision that evaluates progress towards the reasonable 
progress goals (RPGs) for each mandatory Class I Federal area within 
the state and for each mandatory Class I Federal area outside the state 
which may be affected by emissions from within the state. See 40 CFR 
51.308(g). Each state is also required to submit, at the same time as 
the progress report, a determination of the adequacy of its existing 
regional haze SIP. See 40 CFR 51.308(h). The first progress report was 
due five years after submittal of the initial regional haze SIP.
    On June 16, 2015, New York submitted to the EPA, as a revision to 
its SIP, a report on progress made towards the RPGs for Class I areas 
outside the State that are affected by emissions from sources within 
the State. There are no Class I areas in New York State. In its 
progress report SIP, New York concludes the elements and strategies 
relied on in its original regional haze SIP are sufficient for 
neighboring states affected by emissions from New York to meet all 
established RPGs. In a notice of proposed rulemaking (NPRM) published 
on August 1, 2017 (82 FR 35738), the EPA proposed to approve New York's 
progress report as satisfying the requirements of 40 CFR 51.308(g) and 
51.308(h). No comments were received on the August 1, 2017 proposed 
rulemaking.

II. Final Action

    EPA is finalizing approval of New York's Regional Haze Progress 
Report SIP revision, submitted by New York on June 16, 2015, as meeting 
the requirements of 40 CFR 51.308(g) and 51.308(h).

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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

[[Page 45500]]

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 November 28, 2017. 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, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: September 19, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.

    Part 52 chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart HH--New York

0
2. In Sec.  52.1670(e) the table titled ``EPA APPROVED NEW YORK 
NONREGULATORY AND QUASI-REGULATORY PROVISIONS'' is amended by adding 
the entry ``Regional Haze Five-Year Progress Report'' at the end of the 
table to read as follows:

Sec.  52.1670   Identification of plan.

* * * * *
    (e) * * *

                                           EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
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                                          Applicable geographic or
            SIP element                      nonattainment area             New York submittal date        EPA approval date           Explanation
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                                                                      * * * * * * *
Regional Haze Five-Year Progress     State-wide........................  June 16, 2015................  September 29, 2017;     ........................
 Report.                                                                                                 [Insert Federal
                                                                                                         Register page
                                                                                                         citation].
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[FR Doc. 2017-20823 Filed 9-28-17; 8:45 am]
 BILLING CODE 6560-50-P
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