Approval and Promulgation of Implementation Plans; New Jersey and New York; 1997 Ozone Attainment Demonstrations for the NY-NJ-CT Nonattainment Area, 49249-49252 [2021-18983]
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lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
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).
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. The 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
VerDate Sep<11>2014
15:55 Sep 01, 2021
Jkt 253001
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 1,
2021. 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,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 26, 2021.
Elizabeth Adams,
Acting Regional Administrator, Region IX.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends part 52, chapter I, title
40 of the Code of Federal Regulations as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(332)(i)(A)(5) and
(c)(562)to read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(332) * * *
(i) * * *
(A) * * *
(5) Previously approved on February
22, 2005 in paragraph (c)(332)(i)(A)(2) of
this section and now deleted with
replacement in (c)(562)(i)(A)(1), Rule
415, ‘‘Transfer and Storage of Gasoline,’’
amended on May 18, 2004.
*
*
*
*
*
(562) Amended regulations for the
following APCDs were submitted on
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
49249
February 19, 2021 by the Governor’s
designee as an attachment to a letter
dated February 18, 2021.
(i) Incorporation by reference. (A)
Imperial County Air Pollution Control
District. (1) Rule 415, ‘‘Transfer and
Storage of Gasoline,’’ amended on
November 3, 2020.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2021–18887 Filed 9–1–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2020–0613; FRL–8928–02–
R2]
Approval and Promulgation of
Implementation Plans; New Jersey and
New York; 1997 Ozone Attainment
Demonstrations for the NY-NJ-CT
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the ozone attainment portions of the
State Implementation Plan (SIP)
submitted by the states of New Jersey
and New York to meet the Clean Air Act
(CAA) requirements for attaining the
1997 8-hour ozone national ambient air
quality standard (NAAQS). Specifically,
the EPA is approving New Jersey’s and
New York’s demonstrations of
attainment of the 1997 8-hour ozone
NAAQS for their portions of the New
York-Northern New Jersey-Long Island
NY-NJ-CT Moderate 1997 8-hour ozone
nonattainment area (hereafter, the NYNJ-CT area or the NY-NJ-CT
nonattainment area). This action is
being taken under the Clean Air Act.
DATES: This final rule is effective on
October 4, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2020–0613. 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) 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
SUMMARY:
E:\FR\FM\02SER1.SGM
02SER1
49250
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Omar Hammad, Air Planning Section,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–3347.
The
Supplementary Information section is
arranged as follows:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Purpose
II. Summary of Action and Comments
Received
III. Final Action
IV. Statutory and Executive Order Reviews
lotter on DSK11XQN23PROD with RULES1
I. Background and Purpose
On June 21, 2021 (86 FR 32363) and
June 24, 2021 (86 FR 33154) 1 the
Environmental Protection Agency (EPA)
published a Notice of Proposed
Rulemaking (NPRM) for New Jersey and
New York. In that proposed rulemaking
action, the EPA proposed to approve a
portion of New Jersey’s and New York’s
SIP revision submitted on January 2,
2018 and November 13, 2017
respectively, for attainment of the 1997
84 parts per billion (ppb) 8-hour ozone
National Ambient Air Quality Standards
(NAAQS). New Jersey and New York
previously submitted attainment
demonstrations for the 1997 84 ppb 8hour ozone standard which were
approved by the EPA. 78 FR 9596
(February 11, 2013). On June 18, 2012,
the EPA issued a Clean Data
Determination (CDD) for the 1997 84
ppb 8-hour ozone standard for the NYNJ-CT area based on the attainment
demonstrations submitted by the two
States. 77 FR 36163 (March 26, 2012).
However, on May 4, 2016, EPA
rescinded the CDD since the EPA
determined that areas within the NY-NJCT area exceeded the 1997 84 ppb
standard based on 2010–2012
monitoring data. 81 FR 26697 (May 4,
2016). The EPA simultaneously issued a
SIP Call for the affected states within
the nonattainment area to address the
1997 84 ppb 8-hour ozone standard. The
SIP revisions submitted by New Jersey
and New York address the attainment
demonstration requirements of the May
4, 2016 SIP Call. The EPA’s review of
this material indicates that ambient air
quality monitors within the NY-NJ-CT
area are attaining the 1997 ozone
NAAQS.
1 The proposed rule was published twice due to
a clerical error.
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15:55 Sep 01, 2021
Jkt 253001
II. Summary of Action and Comments
Received
As discussed in the proposed rule at
86 FR 32363, June 21, 2021, and at 86
FR 33154, June 24, 2021, the EPA
reviewed the photochemical grid
modeling used by New Jersey and New
York in their SIP submittal to
demonstrate attainment of the 1997
ozone NAAQS and determined that the
modeling meets the EPA’s guidelines
and is acceptable to the EPA. Air quality
monitoring data for 2014–2016 and
certified data for 2017, 2018 and 2019
in the NY-NJ-CT area and the
subsequent design values for 2015–
2017, 2016–2018 and 2017–2019 also
demonstrate attainment of the 1997 8hour ozone standard throughout the NYNJ-CT area. The purpose of the
attainment demonstration is to
demonstrate how, through enforceable
and approvable emission reductions, an
area will meet the standard by the
attainment date. All necessary ozone
control measures have already been
adopted, submitted, approved and
implemented. Also discussed in further
detail in the proposed rulemaking and
based on: (1) The States following the
EPA’s modeling guidance, (2) the
modeled attainment of 1997 standard,
(3) the air quality monitoring data for
2014–2016, 2015–2017, 2016–2018,
2017–2019, and (4) the implemented
SIP-approved control measures, the EPA
is approving the New Jersey and New
York attainment demonstrations for the
1997 ozone NAAQS for their portions of
the NY-NJ-CT area.
Other specific requirements of an
attainment demonstration and the
rationale for the EPA’s proposed action
is explained in more detail in the
NPRM. The EPA did not receive any
comments during the comment period.
III. Final Action
The EPA is approving the attainment
demonstration for the New Jersey and
New York portions of the NY-NJ-CT
nonattainment area for the 1997 ozone
NAAQS. This rulemaking addresses the
EPA’s obligations to act on New Jersey’s
January 2, 2018 and New York’s
November 13, 2017 SIP revision for the
1997 ozone NAAQS.
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
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
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
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:
• 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) 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 CAA; 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, this rulemaking action,
pertaining to New York’s and New
Jersey’s 1997 8-hour ozone attainment
demonstration submissions 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).
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
E:\FR\FM\02SER1.SGM
02SER1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 1,
2021. 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, Nitrogen Dioxide,
Intergovernmental Relations, Ozone,
Reporting and recordkeeping
requirements, Particulate matter,
Volatile Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 27, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2
49251
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. In § 52.1570 the table in paragraph
(e) is amended by adding the entry for
‘‘1997 8-hour Ozone—Attainment
Demonstration’’ at the end of the table
to read as follows:
■
§ 52.1570
*
Identification of plan.
*
*
(e) * * *
*
*
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
EPA–APPROVED NEW JERSEY NONREGULATORY AND QUASI–REGULATORY PROVISIONS
SIP element
Applicable geographic or
nonattainment area
*
1997 8-hour Ozone—Attainment Demonstration.
*
*
New Jersey portion of the New
York-Northern New Jersey-Long
Island, NY-NJ-CT 8-hour ozone
moderate nonattainment area.
3. § 52.1582 is amended by adding
paragraph (r) to read as follows:
■
§ 52.1582 Control strategy and
regulations: Ozone.
*
*
*
*
*
(r) The 1997 8-hour ozone attainment
demonstration for the New Jersey
portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT
New Jersey
submittal date
EPA approval date
*
1/2/2018
*
9/2/2021, [Insert Federal Register page
citation].
nonattainment area included in New
Jersey’s January 2, 2018 State
Implementation Plan revision is
approved and satisfies the requirements
of section 182 of the Clean Air Act.
*
*
• Full approval.
• This action addresses the attainment demonstration requirements
of the May 4, 2016 SIP Call (81
FR 26697).
entry ‘‘1997 8-hour Ozone—Attainment
Demonstration’’ at the end of the table
to read as follows:
§ 52.1670
*
Subpart HH—New York
Explanation
Identification of plan.
*
*
(e) * * *
*
*
4. In § 52.1670 the table in paragraph
(e) is amended by adding the following
■
lotter on DSK11XQN23PROD with RULES1
EPA–APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISIONS
Action/SIP element
Applicable geographic or
nonattainment area
*
1997 8-hour Ozone—Attainment Demonstration.
*
*
New York portion of the New YorkNorthern New Jersey-Long Island, NY-NJ-CT 8-hour ozone
moderate nonattainment area.
5. § 52.1683 is amended by adding
new paragraph (t) to read as follows:
■
§ 52.1683
*
*
Control strategy: Ozone.
*
VerDate Sep<11>2014
*
*
15:55 Sep 01, 2021
Jkt 253001
New York
submittal
date
*
11/13/2017
EPA approval date
*
9/2/2021, [Insert Federal Register page
citation].
(t) The 1997 8-hour ozone attainment
demonstration for the New York portion
of the New York-Northern New JerseyLong Island, NY-NJ-CT nonattainment
area included in New York’s November
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
Explanation
*
*
• Full approval.
• This action addresses the attainment demonstration requirements
of the May 4, 2016 SIP Call (81
FR 26697).
13, 2017 State Implementation Plan
revision is approved and satisfies the
E:\FR\FM\02SER1.SGM
02SER1
49252
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?
[FR Doc. 2021–18983 Filed 9–1–21; 8:45 am]
Section 110(a) 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
110(a)(2)(I) 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 110(a)(2)(J), 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 110(a)(2)(D)(i)(I) (commonly
referred to as prongs 1 and 2) in a
separate notice at a later date.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2020–0301; FRL–8907–02–
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 EPA–R02–OAR–2020–0301. 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) 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.
DATES:
FOR FURTHER INFORMATION CONTACT:
lotter on DSK11XQN23PROD with RULES1
Edward J. Linky, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3764, 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 EPA’s proposed action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews
VerDate Sep<11>2014
15:55 Sep 01, 2021
Jkt 253001
II. What comments were received in
response to the EPA’s proposed action?
EPA did not receive any comments on
the proposed approval of New York’s
2015 Infrastructure Plan revisions
published July 1, 2021 (86 FR 35034).
III. What action is the EPA taking?
The EPA is approving New York’s
September 25, 2018 and July 10, 2019,
SIP revisions as meeting the
requirements of section 110(a)(1) and (2)
infrastructure requirements of the CAA
for the 2015 ozone NAAQS, with the
exception of CAA section
110(a)(2)(D)(i)(I) (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. 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 CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, 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
E:\FR\FM\02SER1.SGM
02SER1
]]>Agencies
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49249-49252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18983]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2020-0613; FRL-8928-02-R2]
Approval and Promulgation of Implementation Plans; New Jersey and
New York; 1997 Ozone Attainment Demonstrations for the NY-NJ-CT
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the ozone attainment portions of the State Implementation
Plan (SIP) submitted by the states of New Jersey and New York to meet
the Clean Air Act (CAA) requirements for attaining the 1997 8-hour
ozone national ambient air quality standard (NAAQS). Specifically, the
EPA is approving New Jersey's and New York's demonstrations of
attainment of the 1997 8-hour ozone NAAQS for their portions of the New
York-Northern New Jersey-Long Island NY-NJ-CT Moderate 1997 8-hour
ozone nonattainment area (hereafter, the NY-NJ-CT area or the NY-NJ-CT
nonattainment area). This action is being taken under the Clean Air
Act.
DATES: This final rule is effective on October 4, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2020-0613. 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) 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
[[Page 49250]]
available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Omar Hammad, Air Planning Section,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3347.
SUPPLEMENTARY INFORMATION: The Supplementary Information section is
arranged as follows:
Table of Contents
I. Background and Purpose
II. Summary of Action and Comments Received
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On June 21, 2021 (86 FR 32363) and June 24, 2021 (86 FR 33154) \1\
the Environmental Protection Agency (EPA) published a Notice of
Proposed Rulemaking (NPRM) for New Jersey and New York. In that
proposed rulemaking action, the EPA proposed to approve a portion of
New Jersey's and New York's SIP revision submitted on January 2, 2018
and November 13, 2017 respectively, for attainment of the 1997 84 parts
per billion (ppb) 8-hour ozone National Ambient Air Quality Standards
(NAAQS). New Jersey and New York previously submitted attainment
demonstrations for the 1997 84 ppb 8-hour ozone standard which were
approved by the EPA. 78 FR 9596 (February 11, 2013). On June 18, 2012,
the EPA issued a Clean Data Determination (CDD) for the 1997 84 ppb 8-
hour ozone standard for the NY-NJ-CT area based on the attainment
demonstrations submitted by the two States. 77 FR 36163 (March 26,
2012). However, on May 4, 2016, EPA rescinded the CDD since the EPA
determined that areas within the NY-NJ-CT area exceeded the 1997 84 ppb
standard based on 2010-2012 monitoring data. 81 FR 26697 (May 4, 2016).
The EPA simultaneously issued a SIP Call for the affected states within
the nonattainment area to address the 1997 84 ppb 8-hour ozone
standard. The SIP revisions submitted by New Jersey and New York
address the attainment demonstration requirements of the May 4, 2016
SIP Call. The EPA's review of this material indicates that ambient air
quality monitors within the NY-NJ-CT area are attaining the 1997 ozone
NAAQS.
---------------------------------------------------------------------------
\1\ The proposed rule was published twice due to a clerical
error.
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II. Summary of Action and Comments Received
As discussed in the proposed rule at 86 FR 32363, June 21, 2021,
and at 86 FR 33154, June 24, 2021, the EPA reviewed the photochemical
grid modeling used by New Jersey and New York in their SIP submittal to
demonstrate attainment of the 1997 ozone NAAQS and determined that the
modeling meets the EPA's guidelines and is acceptable to the EPA. Air
quality monitoring data for 2014-2016 and certified data for 2017, 2018
and 2019 in the NY-NJ-CT area and the subsequent design values for
2015-2017, 2016-2018 and 2017-2019 also demonstrate attainment of the
1997 8-hour ozone standard throughout the NY-NJ-CT area. The purpose of
the attainment demonstration is to demonstrate how, through enforceable
and approvable emission reductions, an area will meet the standard by
the attainment date. All necessary ozone control measures have already
been adopted, submitted, approved and implemented. Also discussed in
further detail in the proposed rulemaking and based on: (1) The States
following the EPA's modeling guidance, (2) the modeled attainment of
1997 standard, (3) the air quality monitoring data for 2014-2016, 2015-
2017, 2016-2018, 2017-2019, and (4) the implemented SIP-approved
control measures, the EPA is approving the New Jersey and New York
attainment demonstrations for the 1997 ozone NAAQS for their portions
of the NY-NJ-CT area.
Other specific requirements of an attainment demonstration and the
rationale for the EPA's proposed action is explained in more detail in
the NPRM. The EPA did not receive any comments during the comment
period.
III. Final Action
The EPA is approving the attainment demonstration for the New
Jersey and New York portions of the NY-NJ-CT nonattainment area for the
1997 ozone NAAQS. This rulemaking addresses the EPA's obligations to
act on New Jersey's January 2, 2018 and New York's November 13, 2017
SIP revision for the 1997 ozone NAAQS.
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 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 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:
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) 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 CAA; 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, this rulemaking action, pertaining to New York's and
New Jersey's 1997 8-hour ozone attainment demonstration submissions 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides
[[Page 49251]]
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 1, 2021. 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, Nitrogen Dioxide, Intergovernmental Relations, Ozone,
Reporting and recordkeeping requirements, Particulate matter, Volatile
Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 27, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. In Sec. 52.1570 the table in paragraph (e) is amended by adding the
entry for ``1997 8-hour Ozone--Attainment Demonstration'' at the end of
the table to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
SIP element geographic or New Jersey EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 8-hour Ozone--Attainment New Jersey portion 1/2/2018 9/2/2021, [Insert Full
Demonstration. of the New York- Federal Register approval.
Northern New page citation]. This
Jersey-Long action addresses
Island, NY-NJ-CT 8- the attainment
hour ozone demonstration
moderate requirements of
nonattainment area. the May 4, 2016
SIP Call (81 FR
26697).
----------------------------------------------------------------------------------------------------------------
0
3. Sec. 52.1582 is amended by adding paragraph (r) to read as follows:
Sec. 52.1582 Control strategy and regulations: Ozone.
* * * * *
(r) The 1997 8-hour ozone attainment demonstration for the New
Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-
CT nonattainment area included in New Jersey's January 2, 2018 State
Implementation Plan revision is approved and satisfies the requirements
of section 182 of the Clean Air Act.
Subpart HH--New York
0
4. In Sec. 52.1670 the table in paragraph (e) is amended by adding the
following entry ``1997 8-hour Ozone--Attainment Demonstration'' at the
end of the table to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Action/SIP element geographic or New York EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 8-hour Ozone--Attainment New York portion of 11/13/2017 9/2/2021, [Insert Full
Demonstration. the New York- Federal Register approval.
Northern New page citation]. This
Jersey-Long action addresses
Island, NY-NJ-CT 8- the attainment
hour ozone demonstration
moderate requirements of
nonattainment area. the May 4, 2016
SIP Call (81 FR
26697).
----------------------------------------------------------------------------------------------------------------
0
5. Sec. 52.1683 is amended by adding new paragraph (t) to read as
follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(t) The 1997 8-hour ozone attainment demonstration for the New York
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT
nonattainment area included in New York's November 13, 2017 State
Implementation Plan revision is approved and satisfies the
[[Page 49252]]
requirements of section 182 of the Clean Air Act.
[FR Doc. 2021-18983 Filed 9-1-21; 8:45 am]
BILLING CODE 6560-50-P
