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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
requirements of section 182 of the Clean Air Act.

I. What is the background for this action?

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Section 110a of the CAA requires each state adopt and submit for approval into the SIP a plan for the implementation, maintenance and enforcement of each NAAQS
promulgated by EPA. On July 1, 2021
86 FR 35034, the EPA published a Notice of Proposed Rulemaking that proposed to approve elements of the SIP
submission from the State of New York, submitted to EPA on September 25, 2018 and July 10, 2019, as demonstrating that the State had the necessary authority and resources to implement the infrastructure requirements of the 2015 ozone NAAQS. As explained in the proposal, the EPA is not addressing section 110a2I in this action, as Part D
plans for nonattainment areas are subject to a different submission schedule than infrastructure SIPs, and the EPA will take action on Part D plans when submitted through a separate process. As also explained in the proposal, the EPA is not addressing the visibility portion of 110a2J, as there are no new visibility protection obligations under the 2015 Ozone NAAQS. Additionally, as explained in the proposal, the EPA will act on section 110a2DiI commonly referred to as prongs 1 and 2 in a separate notice at a later date.

BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR02OAR20200301; FRL890702
R2

Approval and Promulgation of Implementation Plans; New York;
Infrastructure Requirements for the 2015 Ozone National Air Quality Standards Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

The Environmental Protection Agency EPA is approving elements of a State Implementation Plan SIP
submitted by the State of New York to demonstrate that the State meets the requirements of certain sections of the Clean Air Act CAA for the 2015 ozone National Ambient Air Standards NAAQS.

SUMMARY:

This final rule is effective on October 4, 2021.
ADDRESSES: The EPA has established a docket for this action under Docket ID
Number EPAR02OAR20200301. All documents in the docket are listed on the http www.regulations.gov website.
Although listed in the index, some information is not publicly available, e.g., 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 http
www.regulations.gov.
DATES:

FOR FURTHER INFORMATION CONTACT:

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Edward J. Linky, Environmental Protection Agency, 290 Broadway, New York, New York 100071866, at 212
6373764, or by email at Linky.Edward@
epa.gov.
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is arranged as follows:
Table of Contents I. What is the background for this action?
II. What comments were received in response to the EPAs proposed action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews
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II. What comments were received in response to the EPAs proposed action?
EPA did not receive any comments on the proposed approval of New Yorks 2015 Infrastructure Plan revisions published July 1, 2021 86 FR 35034.
III. What action is the EPA taking?
The EPA is approving New Yorks September 25, 2018 and July 10, 2019, SIP revisions as meeting the requirements of section 110a1 and 2
infrastructure requirements of the CAA
for the 2015 ozone NAAQS, with the exception of CAA section 110a2DiI prongs 1 and 2.
IV. Statutory and Executive Order Reviews Under the CAA, 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond
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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. 1044;
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 12d 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
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