2026-18324: Air Plan Approval; New York; Interstate Transport Requirements for the 2010 SO2 NAAQS

Federal Register, Volume 91 Issue 173 (Wednesday, September 9, 2026) [Federal Register Volume 91, Number 173 (Wednesday, September 9, 2026)] [Rules and Regulations] [Pages 57260-57262] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-18324] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2025-1047; FRL-13227-02-R2] Air Plan Approval; New York; Interstate Transport Requirements for the 2010 SO2 NAAQS

Agency

Environmental Protection Agency (EPA).

Action

Final rule. -----------------------------------------------------------------------

Summary

The Environmental Protection Agency (EPA or the Agency) is approving a State Implementation Plan (SIP) submitted by the State of New York for purpose of demonstrating that the State satisfies the interstate transport requirements, also known as the ``good neighbor'' provision of the Clean Air Act (CAA), for the 2010 1-hour sulfur dioxide (SO2) primary National Ambient Air Quality Standard (NAAQS). Under the good neighbor provision, each State's implementation plan must contain adequate provisions prohibiting the interstate transport of air pollution in amounts that will either contribute significantly to nonattainment, or interfere with maintenance, of the NAAQS in any other State. This action is being taken in accordance with the requirements of the Clean Air Act.

Dates

This final rule is effective on October 9, 2026.

Addresses

The EPA has established a docket for this action under Docket ID Number EPA-R02-OAR-2025-1047. 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., Confidential Business Information (CBI), Proprietary Business Information (PBI), 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

Stephanie Lin, Environmental Protection Agency, Air Programs Branch, Region 2, 290 Broadway, New York, New York 10007-1866, telephone number: (212) 637-3711, email address: [email protected].

Supplementary Information

Throughout this final rule, the use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We use multiple abbreviations and terms in this final rule. While this list may not be exhaustive, for ease of reading and for reference purposes, the EPA defines the following terms and acronyms here: CAA, Clean Air Act; CBI, Confidential Business Information; CFR, Code of Federal Regulations; EPA, Environmental Protection Agency; FR, Federal Register; GHG, Greenhouse Gas; NAAQS, National Ambient Air Quality Standards; SIP, State Implementation Plan. Table of Contents I. Executive Summary A. What action is the EPA taking? B. What is the legal authority and what are the requirements? II. Background III. Summary of New York's Submittal IV. The EPA's Evaluation of New York's Submittal V. Comments the EPA Received on Its Proposed Action VI. Statutory and Executive Order Reviews

II. Background

On April 10, 2026 (91 FR 18341), the EPA published a notice of proposed rulemaking that proposed to approve a State Implementation Plan (SIP) revision submitted by the State of New York on October 3, 2013, for purposes of addressing the requirements of CAA section 110(a)(1) and (2), including CAA section 110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS. New York stated in its SIP submittal that the State has no nonattainment areas for SO2, which was corroborated by the air quality modeling and monitoring information available at the time of submittal.\1\ New York also affirmed that it would continue to [[Page 57261]] enforce all SIP measures and nonattainment new source review (NNSR) requirements of new or modified stationary sources in order to mitigate the interstate transport of SO2. --------------------------------------------------------------------------- \1\ As discussed in the proposal to this action (91 FR 18341), a portion of the St. Lawrence County is now a NAA for the 2010 SO2 NAAQS. ---------------------------------------------------------------------------

III. Summary of New York's Submittal

The specific details of New York's SIP submittal are not restated in this final action. For this detailed information, the reader is referred to the EPA's April 10, 2026, proposed rulemaking.\2\ --------------------------------------------------------------------------- \2\ 91 FR 18341 (April 10, 2026). ---------------------------------------------------------------------------

IV. The EPA's Evaluation of New York's Submittal

The rationale for the EPA's approval action is explained in the EPA's proposed rulemaking and is not restated in this final action. For this detailed information, the reader is referred to the EPA's April 10, 2026, proposed rulemaking.\3\ --------------------------------------------------------------------------- \3\ 91 FR 18341 (April 10, 2026). ---------------------------------------------------------------------------

V. Comments the EPA Received on Its Proposed Action

The EPA provided a 30-day review and comment period for the April 10, 2026, proposed rule. The comment period ended on May 11, 2026. During the 30-day public comment period, the EPA received two comments in response to the Agency's April 10, 2026, proposed rulemaking on New York's SIP revision submittal. After reviewing the comments, the EPA has determined that the comments are outside the scope of our proposed action or fail to identify any material issue necessitating a response. More specifically, these comments did not raise issues relevant to the EPA's proposed action, and, therefore, the Agency is not required to provide a specific response to this/these comments. Therefore, we are finalizing our action as proposed. The specific comments may be viewed under Docket ID Number EPA-R02-OAR-2025-1047 on the https://www.regulations.gov website.

VI. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations.\4\ Thus, in reviewing SIP submissions, the EPA's 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 those imposed by State law. For that reason, this action: --------------------------------------------------------------------------- \4\ 42 U.S.C. 7410(k); 40 CFR 52.02(a). --------------------------------------------------------------------------- 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); Is not an Executive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant 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 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 CAA. 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 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). This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under CAA section 307(b)(1), petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 9, 2026. 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, Sulfur dioxide, Transport, Reporting and recordkeeping requirements. Michael Martucci, Regional Administrator, Region 2. For the reasons set forth in the preamble, EPA amends 40 CFR part 52 as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0