Approval and Promulgation of Implementation Plans; New York; Elements of the 2008 and 2015 Ozone National Air Quality Standards, 77208-77211 [2023-24616]
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77208
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations
Dated: November 4, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2023–24846 Filed 11–8–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2022–0648, FRL–11358–
02–R2]
Approval and Promulgation of
Implementation Plans; New York;
Elements of the 2008 and 2015 Ozone
National Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Table of Contents
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New York for
purposes of certifying and meeting the
requirements for Reasonably Available
Control Technology (RACT) for the
Serious classification of the 2008 and
Moderate classification of the 2015 8hour Ozone National Ambient Air
Quality Standards (NAAQS). The EPA is
also approving that this SIP revision
fulfills SIP requirements pertaining to
the Ozone Transport Region (OTR) for
the 2015 Ozone NAAQS. The EPA is
approving the demonstration portion of
the comprehensive SIP revision
submitted by New York that certifies
that the State has satisfied the
requirements for an Ozone
nonattainment new source review
program, certifies that the State has
satisfied the requirements for a
nonattainment emission inventory, and
certifies that the State has satisfied the
requirements for clean fuels for fleets. In
addition, the EPA is approving New
York’s reasonable further progress plans
and motor vehicle emissions budgets for
both the Moderate and Serious
classifications of the 2008 ozone
NAAQS. These actions are being taken
in accordance with the requirements of
the Clean Air Act.
DATES: This final rule is effective on
December 11, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2022–0648. 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., Controlled Unclassified
SUMMARY:
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Information (CUI) (formally referred to
as 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.
FOR FURTHER INFORMATION CONTACT:
Fausto Taveras, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3378, or by email at
Taveras.Fausto@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
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
I. What is the background for this
action?
On August 25, 2023 (88 FR 58202),
the EPA proposed to approve a SIP
revision submitted by the State of New
York on January 29, 2021, for purposes
of meeting the requirement for
Reasonably Available Control
Technology (RACT) 1 for the 2008 8hour Ozone NAAQS in New York’s
portion of the New York-Northern New
Jersey-Long Island (NJ-NJ-CT)
nonattainment area (also referred to as
the New York Metro Area or NYMA) for
the Serious classification. The EPA also
proposed to approve that same
submittal for meeting New York’s RACT
requirements for the 2015 8-hour Ozone
NAAQS in the NYMA and for meeting
the State’s requirements for statewide
RACT for the 2015 8-hour Ozone
NAAQS within the Ozone Transport
Region (OTR). The State’s January 2021
SIP submittal consists of a RACT
certification demonstration that New
York continues to meet the RACT
requirements for the two precursors for
ground-level ozone, i.e., oxides of
nitrogen (NOX) and volatile organic
compounds (VOCs), set forth by the
Clean Air Act (CAA or Act) with respect
to the 2008 and 2015 8-hour ozone
standard. Therefore, the EPA proposed
to approve New York’s January 2021
1 The EPA has defined RACT as the lowest
emission limitation that a particular source is
capable of meeting by the application of control
technology that is reasonably available considering
technological and economic feasibility (44 FR
53762, September 17, 1979).
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RACT SIP submittal as it applies to noncontrol technique guideline (non-CTG)
major sources of VOCs, CTG sources of
VOCs and to major sources of NOX.
In the August 25, 2023, notice of
proposed rulemaking, the EPA also
proposed to approve portions of a
comprehensive SIP revision submitted
by the State of New York on November
29, 2021, certifying that the State has
satisfied the requirements for: (1) An
Ozone nonattainment new source
review (NNSR) program which applies
to NOX and VOC emissions from
stationary sources; (2) a nonattainment
emission inventory; and (3) clean fuels
for fleets. The EPA also proposed to
approve New York’s reasonable further
progress plans and motor vehicle
emission budgets (transportation
conformity budgets or Budgets) for the
Serious classifications of the 2008
Ozone NAAQS in the NYMA. In the
August 25, 2023, notice of proposed
rulemaking, the EPA also proposed to
approve New York’s reasonable further
progress and transportation conformity
budgets for the Moderate classification
of the 2008 Ozone NAAQS in the
NYMA, which was submitted by the
State on November 13, 2017.
In New York’s January 29, 2021,
RACT submittal for the Serious
classification of the 2008 Ozone
standard, Moderate classification for the
2015 Ozone Standard, and OTR
requirements related to the 2015 ozone
NAAQS, New York recertified that its
previously approved negative
declaration for various CTGs remain
valid. New York certified that there are
no sources located in the State for the
following six CTGs: Manufacture of
Vegetable Oils; Manufacture of HighDensity Polyethylene, Polypropylene
and Polystyrene Resins; Natural Gas/
Gasoline Processing Plants; Air
Oxidation Processes in Synthetic
Organic Chemical Manufacturing
Industry; Fiberglass Boat Manufacturing
Materials; Agricultural Pesticides. In the
August 25, 2023, notice of proposed
rulemaking, the EPA proposed that the
State’s negative declaration for the six
CTGs listed above remain valid and
satisfies the requirements for the 2008
Ozone NAAQS Serious classification,
the 2015 Ozone Standard Moderate
classification and requirements
associated with the OTR for the 2015
Ozone NAAQS. Therefore, within this
action the EPA is certifying that the
previously approved State’s negative
declaration remains valid for these six
CTGs for the 2008 Ozone NAAQS
Serious classification, the 2015 Ozone
Standard Moderate classification and
the requirements associated with the
OTR for the 2015 Ozone NAAQS. See 82
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations
FR 58342 (December 12, 2017); 40 CFR
52.1683(a) and (b).
The specific details of New York’s SIP
submittals and the rationale for the
EPA’s approval action are explained in
the EPA’s proposed rulemaking and are
not restated in this final action. For this
detailed information, the reader is
referred to the EPA’s August 25, 2023,
proposed rulemaking (88 FR 58202).
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II. What comments were received in
response to the EPA’s proposed action?
In response to EPA’s August 25, 2023,
proposed rulemaking on New York’s SIP
revisions, the EPA received only one
comment during the 30-day public
comment period. The specific comment
may be viewed under Docket ID Number
EPA–R02–OAR–2022–0648 on the
https://regulations.gov website.
Comment: A private citizen
commenter living in the New York
Metropolitan Area supports the EPA’s
proposed approval of New York’s SIP
revision because ‘‘. . . approving this
SIP would help push the State of New
York, especially the Metropolitan Area
to closer meet the 8-hour Ozone NAAQS
. . .’’ and that ‘‘. . . these new revisions
all overall help the betterment of the air
quality in New York by providing [the
State] the programming and provisions
needed to improve their air quality and
public health.’’
Response: The EPA acknowledges the
commenter’s support of the EPA’s
proposed rule.
This concludes our response to the
comments received. No changes have
been made to the proposed rule as a
result of the comments received.
III. What action is the EPA taking?
The EPA is approving New York’s
RACT certification submittal dated
January 29, 2021, for purposes of
meeting the requirements for RACT for
the 2008 8-hour Ozone National
Ambient Air Quality Standard (NAAQS
or standard) in New York’s portion of
the NY-NJ-CT nonattainment area for
the Serious classification. The EPA is
also approving that this RACT
certification submittal also satisfies New
York’s requirement for RACT for the
2015 8-hour Ozone NAAQS in the
NYMA and the requirements for RACT
for the 2015 8-hour Ozone NAAQS
throughout the State of New York’s
commitment to meet RACT within the
OTR.
The EPA is also approving portions of
a comprehensive SIP revision submitted
by New York on November 29, 2021,
which includes: (1) The reasonable
further progress plan and transportation
conformity budgets for the 2008 8-hour
Ozone Serious classification of the
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NYMA; (2) an Ozone nonattainment
new source review (NNSR) program
which applies state-wide for emissions
to NOX and VOC emissions from
stationary sources; (3) an nonattainment
emission inventory; and (4) clean fuels
for fleets.
In addition, the EPA is also approving
a portion of a comprehensive SIP
revisions submitted by New York on
November 13, 2017, which include New
York’s reasonable further progress plan
and transportation conformity budgets
for the 2008 8-hour Ozone Moderate
classification of the NYMA.
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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.
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In addition, this final rulemaking
action, pertaining to New York’s
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).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The New York State Department of
Environmental Conservation (NYSDEC)
did not evaluate environmental justice
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
Subpart HH—New York
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
2. In § 52.1670(e), in the table, add
entries for ‘‘2008 8-hour Ozone
Reasonable Further Progress Plan (RFP)
for milestone year 2017; 2017 motor
vehicle emission budgets used for
planning purposes’’, ‘‘2008 8-hour
Ozone Reasonable Further Progress Plan
(RFP) for milestone year 2020; 2020
motor vehicle emission budgets used for
planning purposes’’, ‘‘2008 8-hour
Ozone Serious RACT Analysis and
Certification’’, ‘‘2015 8-hour Ozone
RACT Analysis and Certification’’,
‘‘2008 8-hour Ozone Serious
Nonattainment New Source Review
Requirements Certification’’, ‘‘2008 8hour Ozone Serious nonattainment
emission inventory’’, and ‘‘2008 8-hour
Ozone Clean Fuel for Fleets’’ to the end
of the table to read as follows:
§ 52.1670
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographic or
nonattainment area
Action/SIP element
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*
*
2008 8-hour Ozone Reasonable
Further Progress Plan (RFP) for
milestone year 2017; 2017
motor vehicle emission budgets
used for planning purposes.
2008 8-hour Ozone Reasonable
Further Progress Plan (RFP) for
milestone year 2020; 2020
motor vehicle emission budgets
used for planning purposes.
2008 8-hour Ozone Serious RACT
Analysis and Certification.
*
*
New York portion of the New
York-Northern New Jersey-Long
Island NY-NJ-CT 8-hour ozone
nonattainment area.
New York
submittal
date
11/13/2017
EPA approval
date
Explanation
*
11/9/2023, [insert Federal
Register citation].
*
• Full approval.
*
New York portion of the New
York-Northern New Jersey-Long
Island NY-NJ-CT 8-hour ozone
nonattainment area.
11/29/2021
11/9/2023, [insert Federal
Register citation].
• Full approval.
New York portion of the New
York-Northern New Jersey-Long
Island NY-NJ-CT 8-hour ozone
nonattainment area.
01/29/2021
11/9/2023, [insert Federal
Register citation].
2015 8-hour Ozone RACT Analysis and Certification.
Statewide and to the New York
portion of the New York-Northern New Jersey-Long Island
NY-NJ-CT 8-hour ozone nonattainment area.
01/29/2021
11/9/2023, [insert Federal
Register citation].
2008 8-hour Ozone Serious Nonattainment New Source Review
Requirements Certification.
New York portion of the New
York-Northern New Jersey-Long
Island NY-NJ-CT 8-hour ozone
nonattainment area.
New York portion of the New
York-Northern New Jersey-Long
Island NY-NJ-CT 8-hour ozone
nonattainment area.
New York portion of the New
York-Northern New Jersey-Long
Island NY-NJ-CT 8-hour ozone
nonattainment area.
11/29/2021
11/9/2023, [insert Federal
Register citation].
11/9/2023, [insert Federal
Register citation].
11/9/2023, [insert Federal
Register citation].
• Full approval.
• Certifies New York has met the
RACT requirements as it applies to non-CTG major sources
of VOCs, all CTG sources of
VOCs, and to major sources of
NOX for the Serious 2008 8hour Ozone New York portion
of the New York-Northern New
Jersey-Long Island NY-NJ-CT
8-hour ozone nonattainment
area.
• Full approval.
• Certifies New York has met the
RACT requirements as it applies to non-CTG major sources
of VOCs, all CTG sources of
VOCs, and to major sources of
NOX for the Moderate 2015 8hour Ozone New York portion
of the New York-Northern New
Jersey-Long Island NY-NJ-CT
8-hour ozone nonattainment
area.
• Certifies New York’s commitment to meet RACT statewide
within the Ozone Transport Region (OTR) for the 2015 Ozone
NAAQS.
• Full approval.
2008 8-hour Ozone Serious nonattainment emission inventory.
2008 8-hour Ozone Clean Fuel for
Fleets.
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11/29/2021
11/29/2021
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• Full approval.
• Full approval.
09NOR1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations
3. In §52.1683:
a. Remove the headings from
paragraphs (f), (n), and (v); and
■ b. Add paragraph (w).
The addition reads as follows:
■
■
§ 52.1683
Control strategy: Ozone.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
(w)(1) The January 29, 2021, New
York Reasonably Available Control
Technology (RACT) analysis plan,
submitted pursuant to the 2008 8-hour
ozone national ambient air quality
standard (NAAQS) Serious
classification, which applies to the New
York portion of the New York-Northern
New Jersey-Long Island (NY-NJ-CT)
nonattainment area is approved as it
continues to meet the RACT
requirements for the two precursors for
ground-level ozone, i.e., oxides of
nitrogen (NOX) and volatile organic
compounds (VOCs), set forth by the
Clean Air Act (CAA or Act) with respect
to the 2008 8-hour ozone standard.
(2) The January 29, 2021, New York
Reasonably Available Control
Technology (RACT) analysis plan,
submitted pursuant to the 2015 8-hour
ozone national ambient air quality
standard (NAAQS) Serious
classification, which applies to the
entire State, including the New York
portion of the New York-Northern New
Jersey-Long Island (NY-NJ-CT)
nonattainment area is approved as it
applies to the Clean Air Act control
technique guidelines (CTG)
requirements for major sources of
volatile organic compounds (VOC).
(3) The reminder of New York’s
January 29, 2021, RACT analysis plan,
pursuant to the 2015 8-hour ozone
NAAQS as applied to the entire State,
including the New York portion of the
NY-NJ-CT moderate nonattainment area,
and as it applies to non-CTG major
sources of VOCs and to major sources of
oxides of nitrogen (NOX), is approved.
(4) The November 29, 2021, New York
plan submittal providing a certification
that the State has satisfied the
requirements for an ozone
nonattainment new source review
program as sufficient for purposes of the
State-wide 2008 8-hour ozone NAAQS
Serious classification, including the
New York portion of the NY-NJ-CT
nonattainment area, is approved.
(5) The Reasonable Further Progress
Plans for milestone years 2017 and 2020
pursuant to the 2008 8-hour Ozone
NAAQS, included in New York’s
November 13, 2017, and November 29,
2021, State Implementation Plan
submittals for the New York portion of
the New York-Northern New JerseyLong Island nonattainment area are
approved.
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(6) The 2017 and 2020 motor vehicle
emission budgets used for
transportation conformity purposes for
the New York portion of the New YorkNorthern New Jersey-Long Island
nonattainment area contained in New
York’s November 13, 2017, and
November 29, 2021, SIP submittals are
approved.
(7) New York’s certification that the
State has satisfied the requirements for
Clean Fuel for Fleets under the Clean
Air Act for the 2008 8-hour Ozone
NAAQS, included in the State’s
November 29, 2021, SIP submittal for
the New York portion of the New YorkNorthern New Jersey-Long Island
nonattainment area is approved.
[FR Doc. 2023–24616 Filed 11–8–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 411, 412, 419, 488, 489,
and 495
[CMS–1785–CN2 and CMS–1788–CN2]
RINs 0938–AV08 and 0938–AV17
Medicare Program; Hospital Inpatient
Prospective Payment Systems for
Acute Care Hospitals and the LongTerm Care Hospital Prospective
Payment System and Policy Changes
and Fiscal Year 2024 Rates; Quality
Programs and Medicare Promoting
Interoperability Program Requirements
for Eligible Hospitals and Critical
Access Hospitals; Rural Emergency
Hospital and Physician-Owned
Hospital Requirements; and Provider
and Supplier Disclosure of Ownership;
and Medicare Disproportionate Share
Hospital (DSH) Payments: Counting
Certain Days Associated With Section
1115 Demonstrations in the Medicaid
Fraction; Correction
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical errors in the final rule that
appeared in the August 28, 2023
Federal Register titled ‘‘Medicare
Program; Hospital Inpatient Prospective
Payment Systems for Acute Care
Hospitals and the Long-Term Care
Hospital Prospective Payment System
and Policy Changes and Fiscal Year
2024 Rates; Quality Programs and
Medicare Promoting Interoperability
SUMMARY:
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77211
Program Requirements for Eligible
Hospitals and Critical Access Hospitals;
Rural Emergency Hospital and
Physician-Owned Hospital
Requirements; and Provider and
Supplier Disclosure of Ownership; and
Medicare Disproportionate Share
Hospital (DSH) Payments: Counting
Certain Days Associated with Section
1115 Demonstrations in the Medicaid
Fraction’’ (referred to hereafter as the
‘‘FY 2024 IPPS/LTCH PPS final rule’’).
DATES:
Effective date: This correcting
document is effective November 9,
2023.
Applicability date: This correcting
document is applicable for discharges
beginning October 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Mady Hue, (410) 786–4510, and Andrea
Hazeley, (410) 786–3543, MS–DRG
Classifications.
SUPPLEMENTARY INFORMATION:
I. Background
This correcting document identifies
and corrects errors in FR Doc. 2023–
16252 of August 28, 2023 (88 FR 58640).
The corrections in this correcting
document are applicable to discharges
occurring on or after October 1, 2023, as
if they had been included in the
document that appeared in the August
28, 2023 Federal Register.
II. Summary of Errors
On pages 58734 and 58735, we are
correcting the omission of a comment
and response with respect to the request
for MS–DRG reassignment of cases
reporting spinal fusion procedures
utilizing an aprevoTM customized
interbody fusion device.
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Under 5 U.S.C. 553(b) of the
Administrative Procedure Act (APA),
the agency is required to publish a
notice of the proposed rulemaking in
the Federal Register before the
provisions of a rule take effect.
Similarly, section 1871(b)(1) of the
Social Security Act (the Act) requires
the Secretary to provide for notice of the
proposed rulemaking in the Federal
Register and provide a period of not less
than 60 days for public comment. In
addition, section 553(d) of the APA, and
section 1871(e)(1)(B)(i) of the Act
mandate a 30-day delay in effective date
after issuance or publication of a rule.
Sections 553(b)(B) and 553(d)(3) of the
APA provide for exceptions from the
notice and comment and delay in
effective date APA requirements; in
cases in which these exceptions apply,
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09NOR1
]]>Agencies
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77208-77211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24616]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2022-0648, FRL-11358-02-R2]
Approval and Promulgation of Implementation Plans; New York;
Elements of the 2008 and 2015 Ozone National Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New York
for purposes of certifying and meeting the requirements for Reasonably
Available Control Technology (RACT) for the Serious classification of
the 2008 and Moderate classification of the 2015 8-hour Ozone National
Ambient Air Quality Standards (NAAQS). The EPA is also approving that
this SIP revision fulfills SIP requirements pertaining to the Ozone
Transport Region (OTR) for the 2015 Ozone NAAQS. The EPA is approving
the demonstration portion of the comprehensive SIP revision submitted
by New York that certifies that the State has satisfied the
requirements for an Ozone nonattainment new source review program,
certifies that the State has satisfied the requirements for a
nonattainment emission inventory, and certifies that the State has
satisfied the requirements for clean fuels for fleets. In addition, the
EPA is approving New York's reasonable further progress plans and motor
vehicle emissions budgets for both the Moderate and Serious
classifications of the 2008 ozone NAAQS. These actions are being taken
in accordance with the requirements of the Clean Air Act.
DATES: This final rule is effective on December 11, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2022-0648. 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., Controlled
Unclassified Information (CUI) (formally referred to as 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.
FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3378, or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
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
I. What is the background for this action?
On August 25, 2023 (88 FR 58202), the EPA proposed to approve a SIP
revision submitted by the State of New York on January 29, 2021, for
purposes of meeting the requirement for Reasonably Available Control
Technology (RACT) \1\ for the 2008 8-hour Ozone NAAQS in New York's
portion of the New York-Northern New Jersey-Long Island (NJ-NJ-CT)
nonattainment area (also referred to as the New York Metro Area or
NYMA) for the Serious classification. The EPA also proposed to approve
that same submittal for meeting New York's RACT requirements for the
2015 8-hour Ozone NAAQS in the NYMA and for meeting the State's
requirements for statewide RACT for the 2015 8-hour Ozone NAAQS within
the Ozone Transport Region (OTR). The State's January 2021 SIP
submittal consists of a RACT certification demonstration that New York
continues to meet the RACT requirements for the two precursors for
ground-level ozone, i.e., oxides of nitrogen (NOX) and
volatile organic compounds (VOCs), set forth by the Clean Air Act (CAA
or Act) with respect to the 2008 and 2015 8-hour ozone standard.
Therefore, the EPA proposed to approve New York's January 2021 RACT SIP
submittal as it applies to non-control technique guideline (non-CTG)
major sources of VOCs, CTG sources of VOCs and to major sources of
NOX.
---------------------------------------------------------------------------
\1\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
---------------------------------------------------------------------------
In the August 25, 2023, notice of proposed rulemaking, the EPA also
proposed to approve portions of a comprehensive SIP revision submitted
by the State of New York on November 29, 2021, certifying that the
State has satisfied the requirements for: (1) An Ozone nonattainment
new source review (NNSR) program which applies to NOX and
VOC emissions from stationary sources; (2) a nonattainment emission
inventory; and (3) clean fuels for fleets. The EPA also proposed to
approve New York's reasonable further progress plans and motor vehicle
emission budgets (transportation conformity budgets or Budgets) for the
Serious classifications of the 2008 Ozone NAAQS in the NYMA. In the
August 25, 2023, notice of proposed rulemaking, the EPA also proposed
to approve New York's reasonable further progress and transportation
conformity budgets for the Moderate classification of the 2008 Ozone
NAAQS in the NYMA, which was submitted by the State on November 13,
2017.
In New York's January 29, 2021, RACT submittal for the Serious
classification of the 2008 Ozone standard, Moderate classification for
the 2015 Ozone Standard, and OTR requirements related to the 2015 ozone
NAAQS, New York recertified that its previously approved negative
declaration for various CTGs remain valid. New York certified that
there are no sources located in the State for the following six CTGs:
Manufacture of Vegetable Oils; Manufacture of High-Density
Polyethylene, Polypropylene and Polystyrene Resins; Natural Gas/
Gasoline Processing Plants; Air Oxidation Processes in Synthetic
Organic Chemical Manufacturing Industry; Fiberglass Boat Manufacturing
Materials; Agricultural Pesticides. In the August 25, 2023, notice of
proposed rulemaking, the EPA proposed that the State's negative
declaration for the six CTGs listed above remain valid and satisfies
the requirements for the 2008 Ozone NAAQS Serious classification, the
2015 Ozone Standard Moderate classification and requirements associated
with the OTR for the 2015 Ozone NAAQS. Therefore, within this action
the EPA is certifying that the previously approved State's negative
declaration remains valid for these six CTGs for the 2008 Ozone NAAQS
Serious classification, the 2015 Ozone Standard Moderate classification
and the requirements associated with the OTR for the 2015 Ozone NAAQS.
See 82
[[Page 77209]]
FR 58342 (December 12, 2017); 40 CFR 52.1683(a) and (b).
The specific details of New York's SIP submittals and the rationale
for the EPA's approval action are explained in the EPA's proposed
rulemaking and are not restated in this final action. For this detailed
information, the reader is referred to the EPA's August 25, 2023,
proposed rulemaking (88 FR 58202).
II. What comments were received in response to the EPA's proposed
action?
In response to EPA's August 25, 2023, proposed rulemaking on New
York's SIP revisions, the EPA received only one comment during the 30-
day public comment period. The specific comment may be viewed under
Docket ID Number EPA-R02-OAR-2022-0648 on the https://regulations.gov
website.
Comment: A private citizen commenter living in the New York
Metropolitan Area supports the EPA's proposed approval of New York's
SIP revision because ``. . . approving this SIP would help push the
State of New York, especially the Metropolitan Area to closer meet the
8-hour Ozone NAAQS . . .'' and that ``. . . these new revisions all
overall help the betterment of the air quality in New York by providing
[the State] the programming and provisions needed to improve their air
quality and public health.''
Response: The EPA acknowledges the commenter's support of the EPA's
proposed rule.
This concludes our response to the comments received. No changes
have been made to the proposed rule as a result of the comments
received.
III. What action is the EPA taking?
The EPA is approving New York's RACT certification submittal dated
January 29, 2021, for purposes of meeting the requirements for RACT for
the 2008 8-hour Ozone National Ambient Air Quality Standard (NAAQS or
standard) in New York's portion of the NY-NJ-CT nonattainment area for
the Serious classification. The EPA is also approving that this RACT
certification submittal also satisfies New York's requirement for RACT
for the 2015 8-hour Ozone NAAQS in the NYMA and the requirements for
RACT for the 2015 8-hour Ozone NAAQS throughout the State of New York's
commitment to meet RACT within the OTR.
The EPA is also approving portions of a comprehensive SIP revision
submitted by New York on November 29, 2021, which includes: (1) The
reasonable further progress plan and transportation conformity budgets
for the 2008 8-hour Ozone Serious classification of the NYMA; (2) an
Ozone nonattainment new source review (NNSR) program which applies
state-wide for emissions to NOX and VOC emissions from
stationary sources; (3) an nonattainment emission inventory; and (4)
clean fuels for fleets.
In addition, the EPA is also approving a portion of a comprehensive
SIP revisions submitted by New York on November 13, 2017, which include
New York's reasonable further progress plan and transportation
conformity budgets for the 2008 8-hour Ozone Moderate classification of
the NYMA.
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 Orders
12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11,
2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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.
In addition, this final rulemaking action, pertaining to New York's
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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The New York State Department of Environmental Conservation
(NYSDEC) did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
[[Page 77210]]
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, 40 CFR part 52 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 HH--New York
0
2. In Sec. 52.1670(e), in the table, add entries for ``2008 8-hour
Ozone Reasonable Further Progress Plan (RFP) for milestone year 2017;
2017 motor vehicle emission budgets used for planning purposes'',
``2008 8-hour Ozone Reasonable Further Progress Plan (RFP) for
milestone year 2020; 2020 motor vehicle emission budgets used for
planning purposes'', ``2008 8-hour Ozone Serious RACT Analysis and
Certification'', ``2015 8-hour Ozone RACT Analysis and Certification'',
``2008 8-hour Ozone Serious Nonattainment New Source Review
Requirements Certification'', ``2008 8-hour Ozone Serious nonattainment
emission inventory'', and ``2008 8-hour Ozone Clean Fuel for Fleets''
to 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 geographic New York
Action/SIP element or nonattainment area submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 8-hour Ozone Reasonable New York portion of 11/13/2017 11/9/2023, Full
Further Progress Plan (RFP) the New York-Northern [insert Federal approval.
for milestone year 2017; 2017 New Jersey-Long Register
motor vehicle emission Island NY-NJ-CT 8- citation].
budgets used for planning hour ozone
purposes. nonattainment area.
2008 8-hour Ozone Reasonable New York portion of 11/29/2021 11/9/2023, Full
Further Progress Plan (RFP) the New York-Northern [insert Federal approval.
for milestone year 2020; 2020 New Jersey-Long Register
motor vehicle emission Island NY-NJ-CT 8- citation].
budgets used for planning hour ozone
purposes. nonattainment area.
2008 8-hour Ozone Serious RACT New York portion of 01/29/2021 11/9/2023, Full
Analysis and Certification. the New York-Northern [insert Federal approval.
New Jersey-Long Register Certifies
Island NY-NJ-CT 8- citation]. New York has met the
hour ozone RACT requirements as
nonattainment area. it applies to non-
CTG major sources of
VOCs, all CTG
sources of VOCs, and
to major sources of
NOX for the Serious
2008 8-hour Ozone
New York portion of
the New York-
Northern New Jersey-
Long Island NY-NJ-CT
8-hour ozone
nonattainment area.
2015 8-hour Ozone RACT Statewide and to the 01/29/2021 11/9/2023, Full
Analysis and Certification. New York portion of [insert Federal approval.
the New York-Northern Register Certifies
New Jersey-Long citation]. New York has met the
Island NY-NJ-CT 8- RACT requirements as
hour ozone it applies to non-
nonattainment area. CTG major sources of
VOCs, all CTG
sources of VOCs, and
to major sources of
NOX for the Moderate
2015 8-hour Ozone
New York portion of
the New York-
Northern New Jersey-
Long Island NY-NJ-CT
8-hour ozone
nonattainment area.
Certifies
New York's
commitment to meet
RACT statewide
within the Ozone
Transport Region
(OTR) for the 2015
Ozone NAAQS.
2008 8-hour Ozone Serious New York portion of 11/29/2021 11/9/2023, Full
Nonattainment New Source the New York-Northern [insert Federal approval.
Review Requirements New Jersey-Long Register
Certification. Island NY-NJ-CT 8- citation].
hour ozone
nonattainment area.
2008 8-hour Ozone Serious New York portion of 11/29/2021 11/9/2023, Full
nonattainment emission the New York-Northern [insert Federal approval.
inventory. New Jersey-Long Register
Island NY-NJ-CT 8- citation].
hour ozone
nonattainment area.
2008 8-hour Ozone Clean Fuel New York portion of 11/29/2021 11/9/2023, Full
for Fleets. the New York-Northern [insert Federal approval.
New Jersey-Long Register
Island NY-NJ-CT 8- citation].
hour ozone
nonattainment area.
----------------------------------------------------------------------------------------------------------------
[[Page 77211]]
0
3. In Sec. 52.1683:
0
a. Remove the headings from paragraphs (f), (n), and (v); and
0
b. Add paragraph (w).
The addition reads as follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(w)(1) The January 29, 2021, New York Reasonably Available Control
Technology (RACT) analysis plan, submitted pursuant to the 2008 8-hour
ozone national ambient air quality standard (NAAQS) Serious
classification, which applies to the New York portion of the New York-
Northern New Jersey-Long Island (NY-NJ-CT) nonattainment area is
approved as it continues to meet the RACT requirements for the two
precursors for ground-level ozone, i.e., oxides of nitrogen
(NOX) and volatile organic compounds (VOCs), set forth by
the Clean Air Act (CAA or Act) with respect to the 2008 8-hour ozone
standard.
(2) The January 29, 2021, New York Reasonably Available Control
Technology (RACT) analysis plan, submitted pursuant to the 2015 8-hour
ozone national ambient air quality standard (NAAQS) Serious
classification, which applies to the entire State, including the New
York portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)
nonattainment area is approved as it applies to the Clean Air Act
control technique guidelines (CTG) requirements for major sources of
volatile organic compounds (VOC).
(3) The reminder of New York's January 29, 2021, RACT analysis
plan, pursuant to the 2015 8-hour ozone NAAQS as applied to the entire
State, including the New York portion of the NY-NJ-CT moderate
nonattainment area, and as it applies to non-CTG major sources of VOCs
and to major sources of oxides of nitrogen (NOX), is
approved.
(4) The November 29, 2021, New York plan submittal providing a
certification that the State has satisfied the requirements for an
ozone nonattainment new source review program as sufficient for
purposes of the State-wide 2008 8-hour ozone NAAQS Serious
classification, including the New York portion of the NY-NJ-CT
nonattainment area, is approved.
(5) The Reasonable Further Progress Plans for milestone years 2017
and 2020 pursuant to the 2008 8-hour Ozone NAAQS, included in New
York's November 13, 2017, and November 29, 2021, State Implementation
Plan submittals for the New York portion of the New York-Northern New
Jersey-Long Island nonattainment area are approved.
(6) The 2017 and 2020 motor vehicle emission budgets used for
transportation conformity purposes for the New York portion of the New
York-Northern New Jersey-Long Island nonattainment area contained in
New York's November 13, 2017, and November 29, 2021, SIP submittals are
approved.
(7) New York's certification that the State has satisfied the
requirements for Clean Fuel for Fleets under the Clean Air Act for the
2008 8-hour Ozone NAAQS, included in the State's November 29, 2021, SIP
submittal for the New York portion of the New York-Northern New Jersey-
Long Island nonattainment area is approved.
[FR Doc. 2023-24616 Filed 11-8-23; 8:45 am]
BILLING CODE 6560-50-P
