[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Rules and Regulations]
[Pages 57362-57367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26079]


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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.

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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.
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    \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).
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    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.
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    \2\ The date supersedes the dates identified in the July 14, 
2016, and March 24, 2017 letters.
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    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.
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    \3\ 81 FR 74504 (October 26, 2016).
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    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.
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    \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.
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    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.
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    \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).
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    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.
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    \8\ Sec.  52.38(a)(5), (b)(5), (b)(9); Sec.  52.39(f), (i).
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    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\
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    \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).
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    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.
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    \12\ 70 FR 25162 (May 12, 2005).
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    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.
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    \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.
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    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\
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    \14\ 62 FR 27968 (May 22, 1997)
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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


