Approval of Air Quality Implementation Plans; New York; 2011 Periodic Emission Inventory SIP for the Ozone Nonattainment Areas, 35030-35034 [2021-14056]
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(h) Inspections for Gliders With Only
Serviceable Parts Installed
(1) Before or upon accumulating 6 years
since first installation on a glider and
thereafter at intervals not to exceed 12
months, visually inspect each serviceable
part for fissures, kinks, and leaks. For this
inspection, the ignition switch must be
turned on to run the electric fuel pump to
demonstrate an operating fuel pressure.
(2) If a fissure, a kink, or a leak is found
during any inspection required by paragraph
(h)(1) of this AD, before further flight, replace
the part with an unused (zero hours TIS)
serviceable part by following paragraphs 3
and 4 of the Instructions in TN No. 800/46
or paragraphs 3 through 5 of the Instructions
in TN No. 1000/38, as applicable to your
model glider.
FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (816) 329–4148.
(i) Life Limit
Before accumulating 10 years since first
installation on a glider and thereafter at
intervals not to exceed 10 years, remove each
serviceable part from service and replace
with an unused (zero hours TIS) serviceable
part by following paragraphs 3 and 4 of the
Instructions in TN No. 800/46 or paragraphs
3 through 5 of the Instructions in TN No.
1000/38, as applicable to your model glider.
[EPA–R02–OAR–2021–0263; FRL 10025–39–
Region 2]
(j) Parts Installation Prohibition
As of the effective date of this AD, do not
install an affected part on any glider.
khammond on DSKJM1Z7X2PROD with PROPOSALS
(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in Related Information
or email: 9-AVS-AIR-730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(l) Related Information
(1) For more information about this AD
contact Jim Rutherford, Aviation Safety
Engineer, General Aviation & Rotorcraft
Section, International Validation Branch,
FAA, 901 Locust, Room 301, Kansas City,
MO 64106; phone: (816) 329–4165; fax: (816)
329–4090; email: jim.rutherford@faa.gov.
(2) Refer to European Aviation Safety
Agency (EASA) AD 2018–0127, dated June
11, 2018, for more information. You may
examine the EASA AD in the AD docket on
the website at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2021–0212.
(3) For service information identified in
this AD, contact DG Flugzeugbau GmbH,
Otto-Lilienthal Weg 2, D–76646 Bruchsal,
Germany; phone: +49 (0)7251 3202–0; email:
info@dg-flugzeugbau.de; website: https://
www.dg-flugzeugbau.de/. You may review
this referenced service information at the
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Issued on June 25, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–13988 Filed 6–30–21; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval of Air Quality Implementation
Plans; New York; 2011 Periodic
Emission Inventory SIP for the Ozone
Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the New York
State Department of Environmental
Conservation (NYSDEC). The SIP
revision consists of the following: 2011
calendar year ozone precursor emission
inventory for volatile organic
compounds (VOCs), oxides of nitrogen
(NOX), and carbon monoxide (CO) for
the New York portion of the New YorkNorthern New Jersey-Long Island,
Connecticut NY-NJ-CT area (New York
Metropolitan Area, or NYMA) classified
as serious ozone nonattainment for the
2008 8-hour ozone National Ambient
Air Quality Standards (NAAQS or
standard), and the Jamestown
(Chautauqua County) ozone
nonattainment area classified as
marginal for the 2008 8-hour ozone
standard. In addition, the SIP revision
also consists of the 2011 calendar year
statewide periodic emissions inventory
for volatile organic compounds, oxides
of nitrogen, and carbon monoxide.
Emission inventories are needed to
develop and assess new control
strategies that the states may use in
attainment demonstration SIPs for the
new National Ambient Air Quality
Standards for ozone and PM2.5. The
inventories may also serve as part of
statewide inventories for purposes of
regional modeling in ozone and play an
important role in modeling
demonstrations for areas classified as
nonattainment for ozone and carbon
SUMMARY:
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monoxide. This action is being taken in
accordance with the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before August 2, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
OAR–2021–0263, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Ysabel Banon, Air Programs Branch,
Environmental Protection Agency,
Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007–
1866, (212) 637–3382, or by email at
banon.ysabel@epa.gov.
SUPPLEMENTARY INFORMATION: The
Supplementary Information section is
arranged as follows:
Table of Contents
I. Background
A. Statutory and Regulatory Requirements
for a Periodic Emission Inventory
II. Description of State’s Submittals
III. Evaluation of State’s Submittals and
Technical Information
A. Base Year Emissions Inventory
B. Evaluation of State’s Submittals
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
On March 12, 2008, the EPA revised
both the primary and secondary NAAQS
for ozone to a level of 0.075 parts per
million (ppm) (annual fourth-highest
daily maximum 8-hour average
concentration, averaged over three
years) to provide increased protection of
public health and the environment. See
73 FR 16436 (March 27, 2008). The 2008
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ozone NAAQS retains the same general
form and averaging time as the 0.08
ppm NAAQS set in 1997 but is set at a
more protective level. Under the EPA’s
regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS is attained when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. See 40 CFR 50.15.
Effective July 20, 2012, the EPA
designated as nonattainment any area
that was violating the 2008 8-hour
ozone NAAQS based on the most recent
three years (2008 through 2010) of air
monitoring data. See 77 FR 30088 (May
21, 2012). The two 8-hour ozone
marginal nonattainment areas located in
New York State are the New York
portion of the NYMA and the
Jamestown nonattainment area. The
remainder of New York State was
designated as unclassifiable/attainment.
The New York portion of the NYMA is
composed of the five boroughs of New
York City and the surrounding counties
of Nassau, Suffolk, Westchester,
Rockland, and the Shinnecock Indian
Nation. See 40 CFR 81.333. The
Jamestown nonattainment area is
composed of Chautauqua County.
Because the NYMA and Jamestown
areas were designated as ozone
nonattainment areas, an ozone
emissions inventory is needed for this
area for air quality program planning
purposes. Areas that were designated as
marginal nonattainment were required
to attain the 2008 8-hour ozone NAAQS
no later than July 20, 2015 based on
monitoring data from 2012 through
2014. On May 14, 2016, the EPA
published its determination that the
Jamestown area attained the 2008 ozone
standard by the July 20, 2015 attainment
date and that the NYMA area had failed
to attain the 2008 8-hour ozone NAAQS
by the attainment deadline. See 81 FR
26697. As a result, the NYMA area was
reclassified to moderate nonattainment.
See 40 CFR 81.306. Moderate areas are
required to attain the 2008 8-hour ozone
NAAQS by no later than six years after
the effective date of designations or July
20, 2018. See 40 CFR 51.903. On August
23, 2019, the EPA published its
determination that the NYMA area had
failed to attain the 2008 8-hour ozone
NAAQS by the July 20, 2018 deadline,
and so the EPA reclassified the NYMA
area to serious nonattainment. 84 FR
44238.
A. Statutory and Regulatory
Requirements for a Periodic Emissions
Inventory
Section 182(a)(3) and 172(c)(3) of the
Clean Air Act requires the periodic
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submission of emissions inventories for
the SIP planning process to address the
pollutants for the ozone and carbon
monoxide NAAQS. Identifying the
calendar year gives certainty to states
that require submission of the ozone
and CO emission inventories
periodically. These requirements allow
the EPA to periodically reassess its
policies and air quality standards and
revise them as necessary based on the
states’ progress in reducing emissions.
Most importantly, the ozone and CO
inventories will be used to develop and
assess new control strategies that the
states may use in attainment
demonstration SIPs for the ozone and
CO NAAQS. The inventory may also
serve as part of statewide inventories for
purposes of regional modeling in
transport areas. The inventory plays an
important role in modeling
demonstrations for areas classified as
nonattainment and outside transport
regions.
II. Description of State’s Submittals
CAA Section 182, subpart 2 outlines
SIP requirements applicable to ozone
nonattainment areas in each
classification category. On November
13, 2017, NYSDEC submitted SIP
revisions for the 2011 calendar year
ozone precursor emission inventory for
volatile organic compounds, oxides of
nitrogen, and carbon monoxide for the
NYMA classified as moderate ozone
nonattainment for the 2008 8-hour
ozone standard, and Jamestown
(Chautauqua County) ozone
nonattainment area classified as
marginal for the 2008 8-hour ozone
standard. In addition, the SIP revision
consists of the 2011 calendar year
statewide periodic emissions inventory
for volatile organic compounds, oxides
of nitrogen, and carbon monoxide.
III. Evaluation of State’s Submittals and
Technical Information
A. 2011 Base Year Emission Inventory
CAA section 172(c)(3) requires that
each SIP include a ‘‘comprehensive,
accurate, current inventory of actual
emissions from all sources of the
relevant pollutant or pollutants in [the]
area. . . .’’ By requiring an accounting
of actual emissions from all sources of
the relevant pollutants in the area, this
section provides for the ‘‘base year’’
inventory to include all emissions that
contribute to the formation of a
particular NAAQS pollutant.
Additionally, for the 2008 ozone
NAAQS, the EPA’s March 6, 2015 ozone
rule recommends 2011 as a baseline
year from which emission reductions
used to meet reasonable further progress
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requirements are creditable. See 80 FR
12264.
On November 13, 2017, NYSDEC
submitted to the EPA an emissions
inventory of ozone precursors for 2011
as a SIP revision request. The inventory
was submitted to meet the CAA section
182(a)(3)(A) obligation to develop a base
year inventory. The State conducted a
public comment process on the
inventory which concluded on August
21, 2017 with a public hearing. The
State did not receive public comments
on the 2011 emissions inventories
during the public comment period or
during the hearing. The inventory
includes emission estimates in tons per
year and tons per ozone season day and
represent emissions estimates from
stationary and mobile source categories
during a typical summer day when
ozone formation is highest. The ozone
emissions inventory catalogs NOX and
VOC emissions because these pollutants
are precursors to ozone formation.
NYSDEC’s 2011 emissions inventory
contains emission estimates at the
county level and also contains emission
estimates summed to the geographic
areas that correspond to the State’s two
nonattainment areas.
B. Evaluation of State’s Submittals
Based on the EPA’s review, the 2011
base year emissions inventory for the
NYMA, the Jamestown area, and the
entire State include essential data
elements, source categories, sample
calculations, or report documentation to
allow the EPA to adequately determine
if the inventory is accurate and
complete. Consequently, New York’s
2011 base year emissions inventory is
consistent with the ozone base year
emission inventory reporting
requirements based on EPA guidance.
New York’s 2011 base year inventory is
consistent with the ozone base year
emission inventory reporting
requirements for the following reasons:
1. Evidence that the inventory was
quality assured by the State and its
implementation documented;
2. The point source inventory must be
complete;
3. Point source emissions must have
been prepared or calculated according
to current EPA guidance;
4. The area source inventory must be
complete;
5. The area source emissions must
have been prepared or calculated
according to current EPA guidance;
6. Non-road mobile emissions must
have been prepared according to current
EPA guidance for all of the source
categories;
7. The method (e.g., Highway
Performance Monitoring System or a
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network transportation planning model)
used to develop the vehicle miles
travelled (VMT) estimates must follow
EPA guidance. (The VMT development
methods were described and
documented in the inventory report.)
8. On-road mobile emissions were
prepared according to the guidance.
Annual and ozone season day point,
area, non-road, on-road, and biogenic
emissions are identified in the
inventory. Based on the EPA’s review,
New York satisfies all of the EPA’s
requirements for purposes of providing
a comprehensive accurate, and current
inventory of actual emissions for the
ozone nonattainment. A summary of the
EPA’s review is given below:
1. The Quality Assurance (QA) plan
was implemented for all portions of the
inventory. The QA plan included a QA/
Quality control (QC) program for
assessing data completeness and
standard range checking. Critical data
elements relative to the inventory
sources were assessed for completeness.
QA checks were performed relative to
data collection and analysis, and double
counting of emissions from point, area,
and mobile sources. QA/QC checks
were conducted to ensure accuracy of
units, unit conversions, transposition of
figures, and calculations. The inventory
is well documented. New York provided
documentation detailing the methods
used to develop emissions estimates for
each category. In addition, New York
identified the sources of data it used to
develop the inventory;
2. The point source emissions are
complete in accordance with EPA
guidance;
3. The point source emissions were
prepared and calculated in accordance
with EPA guidance;
4. The area source emissions are
complete in accordance with EPA
guidance;
5. Area source emissions were
prepared and calculated in accordance
with EPA guidance;
6. Emission estimates for the non-road
mobile source categories are correctly
based on the latest non-road mobile
model or other appropriate guidance
and prepared in accordance with EPA
guidance;
7. The method used to develop VMT
estimates is in accordance with EPA
guidance and was adequately described
and documented in the inventory
report; and,
8. The latest Motor Vehicle Emission
Simulator (MOVES2014a) model was
used in accordance with EPA guidance.
New York’s 2011 ozone emission
inventory has been developed in
accordance with EPA guidance.
Therefore, the EPA is proposing to
approve the emission inventory.
Detailed emission inventory
development procedures can be found
in the following document: Emission
Inventory Guidance for Implementation
of Ozone and Particulate Matter
NAAQS and Regional Haze Regulation,
dated July 2017; Using MOVES to
Prepare Emission Inventories in State
Implementation Plans and
Transportation Conformity: Technical
Guidance for MOVES2014, 2014a,
November April 2015.
Table 1—below shows the statewide
summary of the 2011 Annual emissions.
Tables 2–4 below show the 2011 CO,
NOX, and VOC annual emission by
category for the ozone nonattainment
areas. Table 5-below shows the
summary emission by category, in tons
per ozone season day.
TABLE 1—STATEWIDE SUMMARY OF 2011 ANNUAL EMISSIONS
[Tons]
2011 New York State Annual
Point
CO ............................................................
NOX ..........................................................
VOC .........................................................
52,277
51,048
8,638
Nonpoint
Nonroad
217,200
65,602
221,174
765,931
104,725
105,266
On-road
890,013
173,269
86,980
Biogenic
73,592
8,516
391,579
Total for
all sectors
1,999,013
403,160
813,637
TABLE 2—NYMA AND JAMESTOWN 2011 ANNUAL CO EMISSIONS
CO tons per year
County name
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Point
Nonpoint
Nonroad
On-road
Biogenic
Total for
all sectors
Bronx ........................................................
Kings ........................................................
Nassau .....................................................
New York .................................................
Queens .....................................................
Richmond .................................................
Rockland ..................................................
Suffolk ......................................................
Westchester .............................................
481.38
402.73
1,355.92
1,382.31
1,432.93
771.13
106.65
2,245.55
472.12
1,804.33
4,075.73
3,773.09
3,302.12
3,372.13
2,260.14
1,609.30
8,580.85
4,888.18
12,589.03
37,417.24
56,538.97
74,065.45
46,722.59
11,978.46
12,339.81
94,937.08
42,788.68
19,739.31
32,242.24
72,093.37
29,523.84
49,875.48
14,483.11
16,194.00
102,473.20
48,675.43
69.11
86.26
455.06
31.40
118.83
98.51
267.29
1,982.01
631.37
34,683.16
74,224.2
134,216.4
108,305.1
101,522.0
29,591.35
30,517.05
210,218.7
97,455.78
Total ..................................................
8,650.71
33,665.87
389,377.30
385,299.98
3,739.81
820,733.7
Chautauqua ..............................................
662.590
3,961.99
8,460.39
11,905.87
1471.83
26,462.7
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TABLE 3—NYMA AND JAMESTOWN 2011 ANNUAL NOX EMISSIONS
NOX tons per year
County name
Point
Nonpoint
Nonroad
On-road
Total for
all sectors
Biogenic
Bronx ........................................................
Kings ........................................................
Nassau .....................................................
New York .................................................
Queens .....................................................
Richmond .................................................
Rockland ..................................................
Suffolk ......................................................
Westchester .............................................
563.91
1,063.94
2,518.47
3,147.56
2,370.14
895.39
360.39
3,298.58
1,344.18
2,571.79
5,484.64
4,153.45
10,786.66
4,734.23
1,082.34
903.75
4,309.39
3,224.12
2,387.14
5,348.52
3,751.43
13,137.78
10,425.27
2,540.24
1,207.22
14,171.66
2,999.25
4,822.04
7,563.46
12,522.14
7,066.32
10,801.61
2,727.46
2,642.45
16,959.84
7,736.45
7.68
10.54
35.70
5.03
15.53
8.54
19.22
150.76
46.56
10,352.56
19,471.10
22,981.19
34,143.35
28,346.78
7,253.97
5,133.03
38,890.23
15,350.56
Total ..................................................
15,562.58
37,250.25
55,968.49
72,841.76
299.56
181,922.77
Chautauqua ..............................................
2141.81
815.65
2,289.15
2,776.52
245.69
8,268.82
TABLE 4—NYMA AND JAMESTOWN 2011 ANNUAL VOC EMISSIONS
VOC tons per year
County name
Point
Nonpoint
Nonroad
On-road
Total for
all sectors
Biogenic
Bronx ........................................................
Kings ........................................................
Nassau .....................................................
New York .................................................
Queens .....................................................
Richmond .................................................
Rockland ..................................................
Suffolk ......................................................
Westchester .............................................
39.77
303.59
263.49
189.45
239.63
185.57
74.03
457.17
79.94
10,525.42
19,127.05
12,096.49
13,274.27
18,293.89
3,947.04
2,834.50
15,980.50
9,264.73
1,142.39
2,957.06
4,596.46
4,754.84
3,841.17
1,125.80
1,341.89
10,969.88
3,935.55
2,035.09
3,382.77
7,215.96
2,894.63
5,260.83
1,520.59
1,450.91
9,750.32
4,468.14
498.54
389.63
3,247.33
170.79
682.95
651.25
2,767.01
13,821.42
4,956.84
1,4241.2
26,160.1
27,419.7
21,284
28,318.5
7,430.25
8,468.34
50,979.3
22,705.2
Total ..................................................
1,832.65
105,343.90
34,665.05
37,979.23
2,7185.8
207,007
Chautauqua ..............................................
167.75
6,726.66
1,515.54
1,152.29
245.69
9,807.93
TABLE 5—NYMA AND JAMESTOWN SUMMARY OF 2011 OSD EMISSIONS
[Tons per day]
2011 New York Metropolitan Area (NYMA) ozone season day
Point
CO .....................
NOX ...................
VOC ...................
Nonpoint
90.57
344.88
11.26
46.18
52.49
301.11
Nonroad
On-road
1,088.43
155.07
96.88
1,018.81
205.86
104.46
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IV. Proposed Action
The New York emission inventory SIP
revision will ensure that the
requirements for emission inventory
measures and reporting are adequately
met. To comply with the emission
inventory requirements, on November
13, 2017, NYSDEC submitted the
complete inventory containing point,
area, on-road, non-road mobile, and
biogenic source data, and accompanying
documentation. The EPA is proposing to
approve New York’s 2011 emission
inventory SIP revision submittal as
meeting the essential reporting
requirements for emission inventories.
The EPA has also determined that the
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Biogenic
22.11
1.35
191.15
Jamestown Area ozone season day
Total
for all
sectors *
2,264.10
759.65
704.86
Point
Nonpoint
4.46
10.31
1.06
SIP revision meets the requirements for
emission inventories in accordance with
EPA guidance. Therefore, the EPA is
proposing to approve a revision to the
New York SIP which pertains to the
following: 2011 calendar year ozone
season daily and annual ozone
precursor emission inventories for CO,
NOX, and VOC for the NYMA portion of
New York-New Jersey-Long Island NYNJ-CT serious nonattainment area and
for the Jamestown marginal
nonattainment area. In addition, the
EPA is proposing to approve the 2011
calendar year ozone emissions
inventory that was developed statewide
for New York. The pollutants included
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5.49
1.60
18.36
Nonroad
23.64
23.64
4.23
On-road
28.72
7.83
3.07
Biogenic
Total for
all
sectors
9.17
1.13
45.75
71.48
44.51
72.47
in the inventory are annual emissions
for CO, NOX, and VOC. Interested
parties may participate in the Federal
rulemaking procedure by submitting
written comments to the EPA Region 2
Office by the method discussed in the
ADDRESSES section of this action.
V. 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, the EPA’s role is to
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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed 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 proposed 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 the 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 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)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen
VerDate Sep<11>2014
16:17 Jun 30, 2021
Jkt 253001
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: June 24, 2021.
Walter Mugdan,
Acting Regional Administrator, EPA Region
2.
[FR Doc. 2021–14056 Filed 6–30–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2020–0301; FRL 10025–51–
Region 2]
Approval of Air Quality Implementation
Plans; New York; Infrastructure
Requirements for the 2015 Ozone,
National Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
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 2015 Ozone National
Ambient Air Quality Standards
(NAAQS). Section 110(a) of the CAA
requires that each state adopt and
submit for approval into the SIP a plan
for the implementation, maintenance
and enforcement of each NAAQS
promulgated by the EPA.
DATES: Comments must be received on
or before August 2, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–2020–0301 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
SUMMARY:
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets. To reduce the
risk of COVID–19 transmission, for this
action we will not be accepting
comments submitted by mail or hand
delivery.
All documents in the docket are listed
on the www.regulations.gov website.
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. Publicly available docket
materials are available electronically at
www.regulations.gov. To reduce the
transmission of COVID–19, we do not
plan to offer hard-copy review of the
docket for this action. Please email the
person listed in the FOR FURTHER
INFORMATION CONTACT if you need to
make alternative arrangements for
access to the docket.
FOR FURTHER INFORMATION CONTACT:
Edward J. Linky, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–3764, or by
email at Linky.Edward@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is the EPA proposing?
II. What is the background information?
III. What is a section 110(a)(1) and (2) SIP?
IV. What elements are required under section
110(a)(1) and (2)?
V. What is the EPA’s approach to the review
of infrastructure SIP submissions?
VI. What did New York submit?
VII. How has the State addressed the
elements of the section 110(a)(1) and (2)
‘‘infrastructure’’ provisions?
VIII. What action is the EPA taking?
IX. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
The EPA is proposing to approve
elements of the State of New York
Infrastructure State Implementation
Plan (SIP) as meeting the section
110(a)(1) and (2) infrastructure
requirements of the Clean Air Act (CAA)
for the 2015 Ozone National Ambient
Air Quality Standards (NAAQS or
standard), except for the CAA section
110(2)(D)(i)(I) transport provisions
which will be addressed in a separate
action. As explained below, the EPA is
proposing to find that the State has the
necessary infrastructure, resources, and
general authority to implement the
standards noted above.
E:\FR\FM\01JYP1.SGM
01JYP1
]]>Agencies
[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Proposed Rules]
[Pages 35030-35034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14056]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2021-0263; FRL 10025-39-Region 2]
Approval of Air Quality Implementation Plans; New York; 2011
Periodic Emission Inventory SIP for the Ozone Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the New
York State Department of Environmental Conservation (NYSDEC). The SIP
revision consists of the following: 2011 calendar year ozone precursor
emission inventory for volatile organic compounds (VOCs), oxides of
nitrogen (NOX), and carbon monoxide (CO) for the New York
portion of the New York-Northern New Jersey-Long Island, Connecticut
NY-NJ-CT area (New York Metropolitan Area, or NYMA) classified as
serious ozone nonattainment for the 2008 8-hour ozone National Ambient
Air Quality Standards (NAAQS or standard), and the Jamestown
(Chautauqua County) ozone nonattainment area classified as marginal for
the 2008 8-hour ozone standard. In addition, the SIP revision also
consists of the 2011 calendar year statewide periodic emissions
inventory for volatile organic compounds, oxides of nitrogen, and
carbon monoxide. Emission inventories are needed to develop and assess
new control strategies that the states may use in attainment
demonstration SIPs for the new National Ambient Air Quality Standards
for ozone and PM2.5. The inventories may also serve as part
of statewide inventories for purposes of regional modeling in ozone and
play an important role in modeling demonstrations for areas classified
as nonattainment for ozone and carbon monoxide. This action is being
taken in accordance with the Clean Air Act (CAA).
DATES: Written comments must be received on or before August 2, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2021-0263, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information or
other information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-3382, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: The Supplementary Information section is
arranged as follows:
Table of Contents
I. Background
A. Statutory and Regulatory Requirements for a Periodic Emission
Inventory
II. Description of State's Submittals
III. Evaluation of State's Submittals and Technical Information
A. Base Year Emissions Inventory
B. Evaluation of State's Submittals
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
On March 12, 2008, the EPA revised both the primary and secondary
NAAQS for ozone to a level of 0.075 parts per million (ppm) (annual
fourth-highest daily maximum 8-hour average concentration, averaged
over three years) to provide increased protection of public health and
the environment. See 73 FR 16436 (March 27, 2008). The 2008
[[Page 35031]]
ozone NAAQS retains the same general form and averaging time as the
0.08 ppm NAAQS set in 1997 but is set at a more protective level. Under
the EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the annual fourth highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm. See 40 CFR 50.15.
Effective July 20, 2012, the EPA designated as nonattainment any
area that was violating the 2008 8-hour ozone NAAQS based on the most
recent three years (2008 through 2010) of air monitoring data. See 77
FR 30088 (May 21, 2012). The two 8-hour ozone marginal nonattainment
areas located in New York State are the New York portion of the NYMA
and the Jamestown nonattainment area. The remainder of New York State
was designated as unclassifiable/attainment. The New York portion of
the NYMA is composed of the five boroughs of New York City and the
surrounding counties of Nassau, Suffolk, Westchester, Rockland, and the
Shinnecock Indian Nation. See 40 CFR 81.333. The Jamestown
nonattainment area is composed of Chautauqua County.
Because the NYMA and Jamestown areas were designated as ozone
nonattainment areas, an ozone emissions inventory is needed for this
area for air quality program planning purposes. Areas that were
designated as marginal nonattainment were required to attain the 2008
8-hour ozone NAAQS no later than July 20, 2015 based on monitoring data
from 2012 through 2014. On May 14, 2016, the EPA published its
determination that the Jamestown area attained the 2008 ozone standard
by the July 20, 2015 attainment date and that the NYMA area had failed
to attain the 2008 8-hour ozone NAAQS by the attainment deadline. See
81 FR 26697. As a result, the NYMA area was reclassified to moderate
nonattainment. See 40 CFR 81.306. Moderate areas are required to attain
the 2008 8-hour ozone NAAQS by no later than six years after the
effective date of designations or July 20, 2018. See 40 CFR 51.903. On
August 23, 2019, the EPA published its determination that the NYMA area
had failed to attain the 2008 8-hour ozone NAAQS by the July 20, 2018
deadline, and so the EPA reclassified the NYMA area to serious
nonattainment. 84 FR 44238.
A. Statutory and Regulatory Requirements for a Periodic Emissions
Inventory
Section 182(a)(3) and 172(c)(3) of the Clean Air Act requires the
periodic submission of emissions inventories for the SIP planning
process to address the pollutants for the ozone and carbon monoxide
NAAQS. Identifying the calendar year gives certainty to states that
require submission of the ozone and CO emission inventories
periodically. These requirements allow the EPA to periodically reassess
its policies and air quality standards and revise them as necessary
based on the states' progress in reducing emissions. Most importantly,
the ozone and CO inventories will be used to develop and assess new
control strategies that the states may use in attainment demonstration
SIPs for the ozone and CO NAAQS. The inventory may also serve as part
of statewide inventories for purposes of regional modeling in transport
areas. The inventory plays an important role in modeling demonstrations
for areas classified as nonattainment and outside transport regions.
II. Description of State's Submittals
CAA Section 182, subpart 2 outlines SIP requirements applicable to
ozone nonattainment areas in each classification category. On November
13, 2017, NYSDEC submitted SIP revisions for the 2011 calendar year
ozone precursor emission inventory for volatile organic compounds,
oxides of nitrogen, and carbon monoxide for the NYMA classified as
moderate ozone nonattainment for the 2008 8-hour ozone standard, and
Jamestown (Chautauqua County) ozone nonattainment area classified as
marginal for the 2008 8-hour ozone standard. In addition, the SIP
revision consists of the 2011 calendar year statewide periodic
emissions inventory for volatile organic compounds, oxides of nitrogen,
and carbon monoxide.
III. Evaluation of State's Submittals and Technical Information
A. 2011 Base Year Emission Inventory
CAA section 172(c)(3) requires that each SIP include a
``comprehensive, accurate, current inventory of actual emissions from
all sources of the relevant pollutant or pollutants in [the] area. . .
.'' By requiring an accounting of actual emissions from all sources of
the relevant pollutants in the area, this section provides for the
``base year'' inventory to include all emissions that contribute to the
formation of a particular NAAQS pollutant. Additionally, for the 2008
ozone NAAQS, the EPA's March 6, 2015 ozone rule recommends 2011 as a
baseline year from which emission reductions used to meet reasonable
further progress requirements are creditable. See 80 FR 12264.
On November 13, 2017, NYSDEC submitted to the EPA an emissions
inventory of ozone precursors for 2011 as a SIP revision request. The
inventory was submitted to meet the CAA section 182(a)(3)(A) obligation
to develop a base year inventory. The State conducted a public comment
process on the inventory which concluded on August 21, 2017 with a
public hearing. The State did not receive public comments on the 2011
emissions inventories during the public comment period or during the
hearing. The inventory includes emission estimates in tons per year and
tons per ozone season day and represent emissions estimates from
stationary and mobile source categories during a typical summer day
when ozone formation is highest. The ozone emissions inventory catalogs
NOX and VOC emissions because these pollutants are
precursors to ozone formation. NYSDEC's 2011 emissions inventory
contains emission estimates at the county level and also contains
emission estimates summed to the geographic areas that correspond to
the State's two nonattainment areas.
B. Evaluation of State's Submittals
Based on the EPA's review, the 2011 base year emissions inventory
for the NYMA, the Jamestown area, and the entire State include
essential data elements, source categories, sample calculations, or
report documentation to allow the EPA to adequately determine if the
inventory is accurate and complete. Consequently, New York's 2011 base
year emissions inventory is consistent with the ozone base year
emission inventory reporting requirements based on EPA guidance. New
York's 2011 base year inventory is consistent with the ozone base year
emission inventory reporting requirements for the following reasons:
1. Evidence that the inventory was quality assured by the State and
its implementation documented;
2. The point source inventory must be complete;
3. Point source emissions must have been prepared or calculated
according to current EPA guidance;
4. The area source inventory must be complete;
5. The area source emissions must have been prepared or calculated
according to current EPA guidance;
6. Non-road mobile emissions must have been prepared according to
current EPA guidance for all of the source categories;
7. The method (e.g., Highway Performance Monitoring System or a
[[Page 35032]]
network transportation planning model) used to develop the vehicle
miles travelled (VMT) estimates must follow EPA guidance. (The VMT
development methods were described and documented in the inventory
report.)
8. On-road mobile emissions were prepared according to the
guidance.
Annual and ozone season day point, area, non-road, on-road, and
biogenic emissions are identified in the inventory. Based on the EPA's
review, New York satisfies all of the EPA's requirements for purposes
of providing a comprehensive accurate, and current inventory of actual
emissions for the ozone nonattainment. A summary of the EPA's review is
given below:
1. The Quality Assurance (QA) plan was implemented for all portions
of the inventory. The QA plan included a QA/Quality control (QC)
program for assessing data completeness and standard range checking.
Critical data elements relative to the inventory sources were assessed
for completeness. QA checks were performed relative to data collection
and analysis, and double counting of emissions from point, area, and
mobile sources. QA/QC checks were conducted to ensure accuracy of
units, unit conversions, transposition of figures, and calculations.
The inventory is well documented. New York provided documentation
detailing the methods used to develop emissions estimates for each
category. In addition, New York identified the sources of data it used
to develop the inventory;
2. The point source emissions are complete in accordance with EPA
guidance;
3. The point source emissions were prepared and calculated in
accordance with EPA guidance;
4. The area source emissions are complete in accordance with EPA
guidance;
5. Area source emissions were prepared and calculated in accordance
with EPA guidance;
6. Emission estimates for the non-road mobile source categories are
correctly based on the latest non-road mobile model or other
appropriate guidance and prepared in accordance with EPA guidance;
7. The method used to develop VMT estimates is in accordance with
EPA guidance and was adequately described and documented in the
inventory report; and,
8. The latest Motor Vehicle Emission Simulator (MOVES2014a) model
was used in accordance with EPA guidance.
New York's 2011 ozone emission inventory has been developed in
accordance with EPA guidance. Therefore, the EPA is proposing to
approve the emission inventory. Detailed emission inventory development
procedures can be found in the following document: Emission Inventory
Guidance for Implementation of Ozone and Particulate Matter NAAQS and
Regional Haze Regulation, dated July 2017; Using MOVES to Prepare
Emission Inventories in State Implementation Plans and Transportation
Conformity: Technical Guidance for MOVES2014, 2014a, November April
2015.
Table 1--below shows the statewide summary of the 2011 Annual
emissions. Tables 2-4 below show the 2011 CO, NOX, and VOC
annual emission by category for the ozone nonattainment areas. Table 5-
below shows the summary emission by category, in tons per ozone season
day.
Table 1--Statewide Summary of 2011 Annual Emissions
[Tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 New York State Annual
---------------------------------------------------------------------------------------------------------------------------------------------------------
Total for all
Point Nonpoint Nonroad On-road Biogenic sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
CO...................................................... 52,277 217,200 765,931 890,013 73,592 1,999,013
NOX..................................................... 51,048 65,602 104,725 173,269 8,516 403,160
VOC..................................................... 8,638 221,174 105,266 86,980 391,579 813,637
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--NYMA and Jamestown 2011 Annual CO Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
CO tons per year
-----------------------------------------------------------------------------------------------
County name Total for all
Point Nonpoint Nonroad On-road Biogenic sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bronx................................................... 481.38 1,804.33 12,589.03 19,739.31 69.11 34,683.16
Kings................................................... 402.73 4,075.73 37,417.24 32,242.24 86.26 74,224.2
Nassau.................................................. 1,355.92 3,773.09 56,538.97 72,093.37 455.06 134,216.4
New York................................................ 1,382.31 3,302.12 74,065.45 29,523.84 31.40 108,305.1
Queens.................................................. 1,432.93 3,372.13 46,722.59 49,875.48 118.83 101,522.0
Richmond................................................ 771.13 2,260.14 11,978.46 14,483.11 98.51 29,591.35
Rockland................................................ 106.65 1,609.30 12,339.81 16,194.00 267.29 30,517.05
Suffolk................................................. 2,245.55 8,580.85 94,937.08 102,473.20 1,982.01 210,218.7
Westchester............................................. 472.12 4,888.18 42,788.68 48,675.43 631.37 97,455.78
-----------------------------------------------------------------------------------------------
Total............................................... 8,650.71 33,665.87 389,377.30 385,299.98 3,739.81 820,733.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chautauqua.............................................. 662.590 3,961.99 8,460.39 11,905.87 1471.83 26,462.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 35033]]
Table 3--NYMA and Jamestown 2011 Annual NOX Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX tons per year
-----------------------------------------------------------------------------------------------
County name Total for all
Point Nonpoint Nonroad On-road Biogenic sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bronx................................................... 563.91 2,571.79 2,387.14 4,822.04 7.68 10,352.56
Kings................................................... 1,063.94 5,484.64 5,348.52 7,563.46 10.54 19,471.10
Nassau.................................................. 2,518.47 4,153.45 3,751.43 12,522.14 35.70 22,981.19
New York................................................ 3,147.56 10,786.66 13,137.78 7,066.32 5.03 34,143.35
Queens.................................................. 2,370.14 4,734.23 10,425.27 10,801.61 15.53 28,346.78
Richmond................................................ 895.39 1,082.34 2,540.24 2,727.46 8.54 7,253.97
Rockland................................................ 360.39 903.75 1,207.22 2,642.45 19.22 5,133.03
Suffolk................................................. 3,298.58 4,309.39 14,171.66 16,959.84 150.76 38,890.23
Westchester............................................. 1,344.18 3,224.12 2,999.25 7,736.45 46.56 15,350.56
-----------------------------------------------------------------------------------------------
Total............................................... 15,562.58 37,250.25 55,968.49 72,841.76 299.56 181,922.77
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chautauqua.............................................. 2141.81 815.65 2,289.15 2,776.52 245.69 8,268.82
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--NYMA and Jamestown 2011 Annual VOC Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC tons per year
-----------------------------------------------------------------------------------------------
County name Total for all
Point Nonpoint Nonroad On-road Biogenic sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bronx................................................... 39.77 10,525.42 1,142.39 2,035.09 498.54 1,4241.2
Kings................................................... 303.59 19,127.05 2,957.06 3,382.77 389.63 26,160.1
Nassau.................................................. 263.49 12,096.49 4,596.46 7,215.96 3,247.33 27,419.7
New York................................................ 189.45 13,274.27 4,754.84 2,894.63 170.79 21,284
Queens.................................................. 239.63 18,293.89 3,841.17 5,260.83 682.95 28,318.5
Richmond................................................ 185.57 3,947.04 1,125.80 1,520.59 651.25 7,430.25
Rockland................................................ 74.03 2,834.50 1,341.89 1,450.91 2,767.01 8,468.34
Suffolk................................................. 457.17 15,980.50 10,969.88 9,750.32 13,821.42 50,979.3
Westchester............................................. 79.94 9,264.73 3,935.55 4,468.14 4,956.84 22,705.2
-----------------------------------------------------------------------------------------------
Total............................................... 1,832.65 105,343.90 34,665.05 37,979.23 2,7185.8 207,007
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chautauqua.............................................. 167.75 6,726.66 1,515.54 1,152.29 245.69 9,807.93
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5--NYMA and Jamestown Summary of 2011 OSD Emissions
[Tons per day]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2011 New York Metropolitan Area (NYMA) ozone season day Jamestown Area ozone season day
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Total for
Point Nonpoint Nonroad On-road Biogenic for all Point Nonpoint Nonroad On-road Biogenic all
sectors * sectors
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CO.......................................................... 90.57 46.18 1,088.43 1,018.81 22.11 2,264.10 4.46 5.49 23.64 28.72 9.17 71.48
NOX......................................................... 344.88 52.49 155.07 205.86 1.35 759.65 10.31 1.60 23.64 7.83 1.13 44.51
VOC......................................................... 11.26 301.11 96.88 104.46 191.15 704.86 1.06 18.36 4.23 3.07 45.75 72.47
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
IV. Proposed Action
The New York emission inventory SIP revision will ensure that the
requirements for emission inventory measures and reporting are
adequately met. To comply with the emission inventory requirements, on
November 13, 2017, NYSDEC submitted the complete inventory containing
point, area, on-road, non-road mobile, and biogenic source data, and
accompanying documentation. The EPA is proposing to approve New York's
2011 emission inventory SIP revision submittal as meeting the essential
reporting requirements for emission inventories. The EPA has also
determined that the SIP revision meets the requirements for emission
inventories in accordance with EPA guidance. Therefore, the EPA is
proposing to approve a revision to the New York SIP which pertains to
the following: 2011 calendar year ozone season daily and annual ozone
precursor emission inventories for CO, NOX, and VOC for the
NYMA portion of New York-New Jersey-Long Island NY-NJ-CT serious
nonattainment area and for the Jamestown marginal nonattainment area.
In addition, the EPA is proposing to approve the 2011 calendar year
ozone emissions inventory that was developed statewide for New York.
The pollutants included in the inventory are annual emissions for CO,
NOX, and VOC. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to the EPA
Region 2 Office by the method discussed in the ADDRESSES section of
this action.
V. 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, the EPA's role is to
[[Page 35034]]
approve state choices, provided that they meet the criteria of the
Clean Air Act. Accordingly, this proposed 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
proposed 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 the 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 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)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: June 24, 2021.
Walter Mugdan,
Acting Regional Administrator, EPA Region 2.
[FR Doc. 2021-14056 Filed 6-30-21; 8:45 am]
BILLING CODE 6560-50-P
