Adequacy Status of Motor Vehicle Emissions Budgets for the New York Portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 2008 8-Hour Ozone Nonattainment Area, 71632-71633 [2022-25605]

Download as PDF 71632 Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 official public docket, and access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select ‘‘search.’’ II. Additional Information About the Proposed Consent Decree This case pertains to EPA’s duty to promulgate a FIP or FIPs to address certain nonattainment plan requirements for the for the San Joaquin Valley area of California for the 1997, 2006, and 2012 PM2.5 NAAQS. EPA’s duty at issue in this case arises from a finding of failure to submit that the agency made on December 6, 2018, and that was effective on January 7, 2019. Since that time, however, California submitted two State Implementation Plan (SIP) submissions intended to address the relevant nonattainment plan requirements for all of these PM2.5 NAAQS simultaneously. Through a series of rulemakings, EPA has taken action on portions of these SIP submissions for specific iterations of the PM2.5 NAAQS that have reduced the original scope of its FIP duty. The proposed consent decree would establish deadlines for EPA to take actions to address the remaining portions of its FIP duty. Specifically, the proposed consent decree would establish deadlines for EPA to take action pursuant to the CAA to sign a notice or notices of a proposed and final FIP by no later than July 31, 2023, and September 30, 2024, respectively, to address the contingency measures element of the: (1) nonattainment plan for the section 189(d) requirements for the 1997 annual PM2.5 NAAQS, (2) nonattainment plan for the Serious area requirements for the 2006 24-hour PM2.5 NAAQS, and (3) nonattainment plan for Moderate area requirements for the 2012 PM2.5 annual NAAQS. In addition, the proposed consent decree would establish a deadline for EPA to sign a notice or notices of a final FIP by no later than September 30, 2024, to address all plan elements, except for the contingency measures element and the baseline emissions inventory element, for the nonattainment plan for the section 189(d) requirements for the 1997 annual PM2.5 NAAQS. The proposed consent decree also provides that if California submits and EPA fully approves a SIP submission or submissions that satisfy any of the specific plan requirements above, then EPA’s obligation to promulgate a proposed or final FIP under the consent decree with respect to the satisfied nonattainment plan element is VerDate Sep<11>2014 16:45 Nov 22, 2022 Jkt 259001 automatically terminated, and Plaintiffs’ claim as to that plan element is moot. Also, if EPA issues a clean data determination, i.e., a determination that the air quality of an area has attained the NAAQS, for the San Joaquin Valley with respect to 1997 annual PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, or the 2012 PM2.5 annual NAAQS, in accordance with 40 CFR 51.1015, then EPA’s obligation under the consent decree to take the action or actions required with respect to that NAAQS is automatically terminated. In accordance with section 113(g) of the CAA, for a period of thirty (30) days following the date of publication of this document, the Agency will accept written comments relating to the proposed consent decree. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. III. Additional Information About Commenting on the Proposed Consent Decree Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2022– 0894, via https://www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. EPA may publish any comment received in its public docket. Do not submit to EPA’s docket at https:// www.regulations.gov 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. 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:// www.epa.gov/dockets/commenting-epadockets. For additional information about submitting information identified as CBI, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this document. Note that written comments containing CBI and submitted by mail may be delayed and deliveries or couriers will be PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 received by scheduled appointment only. If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket and made available in EPA’s electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Use of the https:// www.regulations.gov website to submit comments to EPA electronically is EPA’s preferred method for receiving comments. The electronic public docket system is an ‘‘anonymous access’’ system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment. Please ensure that you submit your comments within the specified comment period. Comments received after the close of the comment period will be marked ‘‘late.’’ EPA is not required to consider these late comments. Gautam Srinivasan, Associate General Counsel. [FR Doc. 2022–25603 Filed 11–22–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–R02–OAR–2022–0715; FRL–10145– 01–R2] Adequacy Status of Motor Vehicle Emissions Budgets for the New York Portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 2008 8Hour Ozone Nonattainment Area Environmental Protection Agency (EPA). ACTION: Notice of adequacy. AGENCY: In this notice, the EPA is notifying the public that it has found that the 2020 motor vehicle emissions budgets for volatile organic compounds (VOCs) and nitrogen oxides (NOX), submitted by the New York State Department of Environmental SUMMARY: E:\FR\FM\23NON1.SGM 23NON1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Notices Conservation on November 29, 2021, for the 2008 national ambient air quality standard (NAAQS) for ozone (the Budgets), are adequate for transportation conformity purposes for the New York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone nonattainment area. This revision to the SIP included 2020 summer day VOC and NOX Budgets associated with the SIP’s reasonable further progress demonstration. DATES: This finding is effective December 8, 2022. ADDRESSES: Publicly available docket materials, identified by Docket ID Number EPA–R02–OAR–2022–0715, are available either electronically through www.regulations.gov or in hard copy at the EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The Docket Center’s hours of operations are 8:30 a.m.–4:30 p.m., Monday–Friday (except Federal holidays). For further information on the EPA Docket Center services and the current status, see: https://www.epa.gov/dockets. You may access this Federal Register document electronically from https:// www.federalregister.gov/documents/ current. This finding will also be available at the EPA’s conformity website: https://www.epa.gov/state-andlocal-transportation/stateimplementation-plans-sip-submissionscurrently-under-epa#newyork-ny-nj-ct. FOR FURTHER INFORMATION CONTACT: Lily Black, Environmental Protection Agency Region 2, Air and Radiation Division, 290 Broadway, 25th Floor, New York, New York 10007–1866; (212) 637–3884, black.lily@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. Today’s notice is an announcement of a finding that we have already made. EPA Region 2 sent a letter to the New York Department of Environmental Conservation on July 26, 2022, stating that the 2020 motor vehicle emissions budgets (‘‘Budgets’’) are adequate for transportation conformity purposes. The transportation conformity rule requires that the EPA conduct a public process and make an affirmative decision on the adequacy of these budgets before they can be used by metropolitan planning organizations in transportation conformity determinations. As a result of this finding, upon the effective date of this notice of adequacy, the New York Metropolitan Transportation Council (NYMTC) must use the Budgets in future transportation VerDate Sep<11>2014 16:45 Nov 22, 2022 Jkt 259001 conformity determinations. The Budgets are associated with the reasonable further progress milestone demonstration. We announced availability of the plan and related Budgets on the EPA’s transportation conformity website on March 8, 2022, requesting comments by April 8, 2022. We received no comments in response to the adequacy review posting. The Budgets are provided in Table 1. TABLE 1—MOTOR VEHICLE EMISSIONS BUDGETS FOR NYMTC 71633 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2022–0079; FRL–10448–01– OMS] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Commercial Ethylene Oxide Sterilization and Fumigation Operations (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Year NOX VOC NESHAP for Commercial Ethylene 2020 ...................................... 89.07 54.51 Oxide Sterilization and Fumigation Operations (EPA ICR Number 1666.12, OMB Control Number 2060–0283), to Transportation conformity is required the Office of Management and Budget by Clean Air Act section 176(c), 42 (OMB) for review and approval in U.S.C. 7506(c). The EPA’s conformity accordance with the Paperwork rule requires that long-range Reduction Act. This is a proposed transportation plans, transportation extension of the ICR, which is currently improvement programs, and approved through January 31, 2023. transportation projects conform to a Public comments were previously state’s air quality SIP and establishes the requested, via the Federal Register, on criteria and procedures for determining April 8, 2022 during a 60-day comment whether or not they conform. period. This notice allows for an Conformity to a SIP means that additional 30 days for public comments. transportation activities will not A fuller description of the ICR is given below, including its estimated burden produce new air quality violations, and cost to the public. An agency may worsen existing violations, or delay timely attainment of the NAAQS. See id. neither conduct nor sponsor, and a person is not required to respond to, a at section 7506(c)(1)(B). collection of information unless it The criteria the EPA uses to displays a currently valid OMB control determine whether a SIP’s motor vehicle number. emission budgets are adequate for DATES : Additional comments may be conformity purposes are outlined in 40 submitted on or before December 23, CFR 93.118(e)(4).1 And we have 2022. described our process for determining ADDRESSES : Submit your comments, the adequacy of submitted SIP budgets referencing Docket ID Number EPA– in 40 CFR 93.118(f). Under 40 CFR 93.104(e), within 2 years of the effective HQ–OAR–2022–0079, to EPA online date of this notice, NYMTC and the U.S. using https://www.regulations.gov/ (our Department of Transportation will need preferred method), or by email to docket@epa.gov, or by mail to: EPA to demonstrate conformity to the Docket Center, Environmental Budgets. To do so, the on-road motor vehicle emissions from implementation Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, of the long-range transportation plan Washington, DC 20460. EPA’s policy is should be projected consistently with that all comments received will be the Budgets. included in the public docket without Authority: 42 U.S.C. 7401–7671q. change including any personal [tons per day] Lisa Garcia, Regional Administrator, Region 2. [FR Doc. 2022–25605 Filed 11–22–22; 8:45 am] BILLING CODE 6560–50–P 1 An adequacy review is separate from the EPA’s completeness review and should not be used to prejudge the EPA’s ultimate action on the SIP. Even if we find a budget adequate, the SIP could later be disapproved. PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 SUMMARY: information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Submit written comments and recommendations to OMB for the proposed information collection within 30 days of publication of this notice to E:\FR\FM\23NON1.SGM 23NON1

Agencies

[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71632-71633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25605]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R02-OAR-2022-0715; FRL-10145-01-R2]


Adequacy Status of Motor Vehicle Emissions Budgets for the New 
York Portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
2008 8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: In this notice, the EPA is notifying the public that it has 
found that the 2020 motor vehicle emissions budgets for volatile 
organic compounds (VOCs) and nitrogen oxides (NOX), 
submitted by the New York State Department of Environmental

[[Page 71633]]

Conservation on November 29, 2021, for the 2008 national ambient air 
quality standard (NAAQS) for ozone (the Budgets), are adequate for 
transportation conformity purposes for the New York portion of the New 
York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone 
nonattainment area. This revision to the SIP included 2020 summer day 
VOC and NOX Budgets associated with the SIP's reasonable 
further progress demonstration.

DATES: This finding is effective December 8, 2022.

ADDRESSES: Publicly available docket materials, identified by Docket ID 
Number EPA-R02-OAR-2022-0715, are available either electronically 
through www.regulations.gov or in hard copy at the EPA Docket Center, 
WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, 
DC. The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., 
Monday-Friday (except Federal holidays). For further information on the 
EPA Docket Center services and the current status, see: https://www.epa.gov/dockets. You may access this Federal Register document 
electronically from https://www.federalregister.gov/documents/current. 
This finding will also be available at the EPA's conformity website: 
https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa#newyork-ny-nj-ct.

FOR FURTHER INFORMATION CONTACT: Lily Black, Environmental Protection 
Agency Region 2, Air and Radiation Division, 290 Broadway, 25th Floor, 
New York, New York 10007-1866; (212) 637-3884, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.
    Today's notice is an announcement of a finding that we have already 
made. EPA Region 2 sent a letter to the New York Department of 
Environmental Conservation on July 26, 2022, stating that the 2020 
motor vehicle emissions budgets (``Budgets'') are adequate for 
transportation conformity purposes.
    The transportation conformity rule requires that the EPA conduct a 
public process and make an affirmative decision on the adequacy of 
these budgets before they can be used by metropolitan planning 
organizations in transportation conformity determinations.
    As a result of this finding, upon the effective date of this notice 
of adequacy, the New York Metropolitan Transportation Council (NYMTC) 
must use the Budgets in future transportation conformity 
determinations. The Budgets are associated with the reasonable further 
progress milestone demonstration.
    We announced availability of the plan and related Budgets on the 
EPA's transportation conformity website on March 8, 2022, requesting 
comments by April 8, 2022. We received no comments in response to the 
adequacy review posting.
    The Budgets are provided in Table 1.

           Table 1--Motor Vehicle Emissions Budgets for NYMTC
                             [tons per day]
------------------------------------------------------------------------
                          Year                             NOX      VOC
------------------------------------------------------------------------
2020...................................................    89.07   54.51
------------------------------------------------------------------------

    Transportation conformity is required by Clean Air Act section 
176(c), 42 U.S.C. 7506(c). The EPA's conformity rule requires that 
long-range transportation plans, transportation improvement programs, 
and transportation projects conform to a state's air quality SIP and 
establishes the criteria and procedures for determining whether or not 
they conform. Conformity to a SIP means that transportation activities 
will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the NAAQS. See id. at section 
7506(c)(1)(B).
    The criteria the EPA uses to determine whether a SIP's motor 
vehicle emission budgets are adequate for conformity purposes are 
outlined in 40 CFR 93.118(e)(4).\1\ And we have described our process 
for determining the adequacy of submitted SIP budgets in 40 CFR 
93.118(f). Under 40 CFR 93.104(e), within 2 years of the effective date 
of this notice, NYMTC and the U.S. Department of Transportation will 
need to demonstrate conformity to the Budgets. To do so, the on-road 
motor vehicle emissions from implementation of the long-range 
transportation plan should be projected consistently with the Budgets.
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    \1\ An adequacy review is separate from the EPA's completeness 
review and should not be used to prejudge the EPA's ultimate action 
on the SIP. Even if we find a budget adequate, the SIP could later 
be disapproved.
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    Authority: 42 U.S.C. 7401-7671q.

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-25605 Filed 11-22-22; 8:45 am]
BILLING CODE 6560-50-P