Designations of Areas for Air Quality Planning Purposes; New York, New Jersey, Connecticut; New York-Northern New Jersey-Long Island, NY-NJ-CT 2015 8-Hour Ozone Nonattainment Area; Reclassification to Serious, 60314-60317 [2024-16244]
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Federal Register / Vol. 89, No. 143 / Thursday, July 25, 2024 / Rules and Regulations
Appendix to Part 1195—Standards for
Accessible Medical Diagnostic
Equipment
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A. A low transfer position at a height of 17
inches (430 mm);
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A. A low transfer position at a height of 17
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Approved by vote of the Access Board on
January 24, 2024.
Christopher Kuczynski,
General Counsel, U.S. Access Board.
[FR Doc. 2024–16266 Filed 7–24–24; 8:45 am]
BILLING CODE 8150–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R01–OAR–2024–0310; FRL–12108–
01–R1]
Designations of Areas for Air Quality
Planning Purposes; New York, New
Jersey, Connecticut; New YorkNorthern New Jersey-Long Island, NYNJ-CT 2015 8-Hour Ozone
Nonattainment Area; Reclassification
to Serious
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Under the Clean Air Act
(CAA or the ‘‘Act’’), the Environmental
Protection Agency (EPA) is granting a
request from the States of New York,
New Jersey, and Connecticut to
reclassify the New York-Northern New
Jersey-Long Island, NY-NJ-CT ozone
nonattainment area from ‘‘Moderate’’ to
‘‘Serious’’ for the 2015 8-hour ozone
national ambient air quality standards
(NAAQS). This action does not
reclassify any areas of Indian country
within the boundaries of this ozone
nonattainment area.
DATES: This rule is effective on July 25,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2024–0310. All documents in the docket
are listed on the https://
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SUMMARY:
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www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., 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 at https://
www.regulations.gov, at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA, and at
the U.S. Environmental Protection
Agency, EPA Region 2 Regional Office,
Air Programs Branch, 290 Broadway,
New York, New York 10007–1866. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT: For
questions relating to Connecticut,
contact Bob McConnell, Air and
Radiation Division (Mail Code 5–MD),
U.S. Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109–3912;
(617) 918–1046, or by email at
mcconnell.robert@epa.gov, and for
questions relating to New York and/or
New Jersey, contact Fausto Taveras,
Environmental Protection Agency,
Region 2, 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.
Table of Contents
I. Reclassification of the New York-Northern
New Jersey-Long Island, NY-NJ-CT Area
to Serious Ozone Nonattainment
II. Statutory and Executive Order Reviews
I. Reclassification of the New YorkNorthern New Jersey-Long Island, NYNJ-CT Area to Serious Ozone
Nonattainment
Effective August 3, 2018, the EPA
classified the New York-Northern New
Jersey-Long Island, NY-NJ-CT area
under the CAA as ‘‘Moderate’’ for the
2015 8-hour ozone NAAQS. See 83 FR
25776 (June 4, 2018).This area is herein
referred to as the NY-NJ-CT 2015
NAAQS nonattainment area.
Classification of this area as a Moderate
ozone nonattainment area established a
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requirement that the area attain the 2015
ozone NAAQS as expeditiously as
practicable, but no later than six years
from designation, i.e., August 3, 2024.
On May 23, 2024, the New Jersey
Department of Environmental Protection
requested that the EPA reclassify the
NY-NJ-CT 2015 NAAQS nonattainment
area from moderate to Severe, or, in the
alternative, to Serious if the States of
New York and Connecticut did not both
submit requests to reclassify the area to
Severe but did submit requests to
reclassify this area to Serious. On June
5, 2024, the New York Department of
Environmental Conservation (NYSDEC)
requested that the NY-NJ-CT 2015
NAAQS nonattainment area be
reclassified to Serious, and on June 13,
2024, the Connecticut Department of
Energy and the Environment also
submitted a request that the NY-NJ-CT
2015 NAAQS nonattainment area be
reclassified to Serious.
We are approving these States’
reclassification request under section
181(b)(3) of the Act, which provides for
‘‘voluntary reclassification.’’ Because
the plain language of section 181(b)(3)
mandates that we approve such a
request, the EPA is granting the States’
request for voluntary reclassification
under section 181(b)(3) for the NY-NJCT 2015 NAAQS nonattainment area for
the 2015 ozone NAAQS, and the EPA is
reclassifying the area from Moderate to
Serious. Because of this action, the NYNJ-CT 2015 NAAQS nonattainment area
must now attain the 2015 ozone NAAQS
as expeditiously as practicable, but no
later than nine years from the date of the
initial designation as nonattainment,
i.e., August 3, 2027. Applicable SIP
requirements and deadlines associated
with the reclassification will be
addressed in a separate notice.
Within the geographic boundaries of
the NY-NJ-CT 2015 NAAQS
nonattainment area Indian country
exists under the jurisdiction of the
Shinnecock Indian Nation. Because the
State of New York does not have
jurisdiction over Indian country located
within its borders, NYSDEC’s request to
reclassify the NY-NJ-CT 2015 NAAQS
nonattainment area does not apply to
this area of Indian country. The EPA
implements Federal CAA programs,
including reclassifications, in Indian
country consistent with our
discretionary authority under sections
301(a) and 301(d)(4) of the CAA. The
EPA has not received a reclassification
request from any Tribe with jurisdiction
within the NY-NJ-CT 2015 NAAQS
nonattainment area. In this action, we
are adding regulatory text to 40 CFR part
81 to indicate that the area under the
jurisdiction of the Shinnecock Indian
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Federal Register / Vol. 89, No. 143 / Thursday, July 25, 2024 / Rules and Regulations
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Nation will retain the Moderate
classification and the areas under the
jurisdiction of the States will be
reclassified as Serious.
The EPA has determined that this
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
‘‘impracticable, unnecessary or contrary
to the public interest.’’ The EPA has
determined that public notice and
comment for this action is unnecessary
because our action to approve voluntary
reclassification requests under CAA
section 181(b)(3) is nondiscretionary
both in its issuance and in its content.
As such, notice and comment
rulemaking procedures would serve no
useful purpose.
The EPA also finds that there is good
cause under APA section 553(d)(3) for
this reclassification to become effective
on the date of publication. Section
553(d)(3) of the APA allows an effective
date of less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. This rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. The schedule for
required plan submittals for the NY-NJCT 2015 NAAQS nonattainment area
under the new classification will be
proposed in a separate action. For this
reason, the EPA finds good cause under
APA section 553(d)(3) for this
reclassification to become effective on
the date of publication.
II. Statutory and Executive Order
Reviews
Under the Clean Air Act 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.);
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• 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); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, this request 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).
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. Connecticut, New York, and
New Jersey did not evaluate
environmental justice considerations as
part of their submittals; 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
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60315
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.
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
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 September 23,
2024. 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 81
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone.
Dated: July 17, 2024.
David Cash,
Regional Administrator, EPA Region 1.
Dated: July 18, 2024.
Lisa Garcia,
Regional Administrator, EPA Region 2.
For the reasons set out in the
preamble, the Environmental Protection
Agency amends 40 CFR Chapter 1 as set
forth below:
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Federal Register / Vol. 89, No. 143 / Thursday, July 25, 2024 / Rules and Regulations
PART 81—DESIGNATION FOR AREAS
FOR AIR QUALITY PLANNING
PURPOSES
Authority: 42 U.S.C. 7401 et seq.
entry for ‘‘New York-Northern New
Jersey-Long Island, NY-NJ-CT’’ to read
as follows:
Subpart C—[Amended]
2. In § 81.307 the table entitled
‘‘Connecticut—2015 8-Hour Ozone
NAAQS’’ is amended by revising the
■
1. The authority citation for part 81
continues to read as follows:
■
§ 81.307
*
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Connecticut.
*
*
*
CONNECTICUT—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
New York-Northern New Jersey-Long Island, NY-NJ-CT ..............
Fairfield County.
Middlesex County.
New Haven County.
Date 2
Type
Date 2
........................
Nonattainment .......
July 25, 2024 .........
Type
Serious.
1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
3. In § 81.331 the table entitled ‘‘New
Jersey—2015 8-Hour Ozone NAAQS’’ is
amended by revising the entry for ‘‘New
■
York-Northern New Jersey-Long Island,
NY-NJ-CT’’ to read as follows:
§ 81.331
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*
New Jersey.
*
*
*
NEW JERSEY—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area 1
New York-Northern New Jersey-Long Island, NY-NJ-CT ..............
Bergen County.
Essex County.
Hudson County.
Hunterdon County.
Middlesex County.
Monmouth County.
Morris County.
Passaic County.
Somerset County.
Sussex County.
Union County.
Warren County.
*
*
Date 2
Type
Date 2
........................
Nonattainment .......
July 25, 2024 .........
*
*
*
Type
Serious.
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
*
*
*
*
*
4. In § 81.333 the table entitled ‘‘New
York—2015 8-Hour Ozone NAAQS’’ is
amended by revising the entry for ‘‘New
■
York-Northern New Jersey-Long Island,
NY-NJ-CT’’ and adding an entry at the
end of the table for ‘‘Shinnecock Indian
Nation’’.
The revision and addition reads as
follows:
§ 81.333
*
*
New York.
*
*
*
NEW YORK—2015 8-HOUR OZONE NAAQS
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[Primary and Secondary]
Designation
Classification
Designated area 1
New York-Northern New Jersey-Long Island, NY-NJ-CT ..............
Bronx County.
Kings County.
Nassau County.
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Date 2
Type
Date 2
........................
Nonattainment .......
July 25, 2024 .........
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Type
Serious.
60317
Federal Register / Vol. 89, No. 143 / Thursday, July 25, 2024 / Rules and Regulations
NEW YORK—2015 8-HOUR OZONE NAAQS—Continued
[Primary and Secondary]
Designation
Classification
Designated area 1
New York County.
Queens County.
Richmond County.
Rockland County.
Suffolk County.
Westchester County.
Shinnecock Indian Nation ...............................................................
*
*
Date 2
Type
Date 2
........................
Nonattainment .......
August 3, 2018 ......
*
*
*
*
Type
Moderate.
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
*
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*
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*
[FR Doc. 2024–16244 Filed 7–24–24; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[WC Docket No. 17–84; FCC 23–109; FR
ID 232182]
Accelerating Wireline Broadband
Deployment by Removing Barriers to
Infrastructure Investment
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Wireline Competition Bureau (Bureau)
announces that the Office of
Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s revised pole
attachment rules. This document is
consistent with Accelerating Wireline
Broadband Deployment by Removing
Barriers to Infrastructure Investment,
Fourth Report and Order, Declaratory
Ruling, FCC 23–109, which stated that
the Bureau would publish a document
in the Federal Register announcing the
effective date of the revised rules.
DATES: Amendatory instruction 2
(adding § 1.1411(c)(4)) and amendatory
instruction 4 (adding § 1.1415),
published at 89 FR 2151, January 12,
2024, are effective on July 25, 2024
FOR FURTHER INFORMATION CONTACT:
Michael Ray, Attorney Advisor,
Wireline Competition Bureau, at (202)
418–0357, or by email at Michael.Ray@
fcc.gov. For additional information
concerning the Paperwork Reduction
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:26 Jul 24, 2024
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Act information collection
requirements, contact Nicole Ongele at
(202) 418–2991 or nicole.ongele@
fcc.gov.
SUPPLEMENTARY INFORMATION: On
December 13, 2023, the Commission
adopted Accelerating Wireline
Broadband Deployment by Removing
Barriers to Infrastructure Investment,
Fourth Report and Order, Declaratory
Ruling, FCC 23–109, published at 89 FR
2151, January 12, 2024. In the Fourth
Report and Order, the Commission
adopted a revision to 47 CFR 1.1411 that
provides communications providers
with information about the status of the
utility poles they plan to use as part of
their broadband buildouts. The
Commission also added new 47 CFR
1.1415 that creates a new expedited
process for the Commission’s review
and assessment of pole attachment
disputes that impede or delay
broadband deployment and established
FCC Form 5653—Request for RBAT
Review and Assessment—to initiate the
expedited process. The Commission
stated that these rule changes may
contain new or modified information
collection requirements and would not
become effective until OMB completes
its review of any information collection
requirements that the Bureau
determined is required under the
Paperwork Reduction Act. The
Commission also directed the Bureau to
announce the effective date for the
revision to § 1.1411 and new § 1.1415 by
subsequent public release.
On July 2, 2024, OMB approved, for
a period of three years, the information
collection requirements related to the
pole attachment rules contained in the
Fourth Report and Order. The OMB
Control Number is 3060–1151. The
Bureau publishes this document as an
announcement of the effective date of
the pole attachment rules adopted in the
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Fourth Report and Order, as well as FCC
Form 5653. If you have any comments
on the burden estimates listed below, or
how the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Nicole
Ongele, Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554. Please include
the OMB Control Number 3060–1151 in
your correspondence. The Commission
also will accept your comments via
email at PRA@fcc.gov. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Bureau is notifying the public that
it received final OMB approval on July
2, 2024, for the information collection
requirements contained in the changes
to the Commission’s pole attachment
rules in 47 CFR 1.1411 and 1.1415, as
well as FCC Form 5653.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number.
The foregoing notification is required
by the Paperwork Reduction Act of
1995, Public Law 104–13, October 1,
1995, and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the affected respondents
are as follows:
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]]>Agencies
[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Rules and Regulations]
[Pages 60314-60317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16244]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R01-OAR-2024-0310; FRL-12108-01-R1]
Designations of Areas for Air Quality Planning Purposes; New
York, New Jersey, Connecticut; New York-Northern New Jersey-Long
Island, NY-NJ-CT 2015 8-Hour Ozone Nonattainment Area; Reclassification
to Serious
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Clean Air Act (CAA or the ``Act''), the
Environmental Protection Agency (EPA) is granting a request from the
States of New York, New Jersey, and Connecticut to reclassify the New
York-Northern New Jersey-Long Island, NY-NJ-CT ozone nonattainment area
from ``Moderate'' to ``Serious'' for the 2015 8-hour ozone national
ambient air quality standards (NAAQS). This action does not reclassify
any areas of Indian country within the boundaries of this ozone
nonattainment area.
DATES: This rule is effective on July 25, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2024-0310. 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, i.e.,
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 at https://www.regulations.gov, at the U.S.
Environmental Protection Agency, EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office Square--Suite 100, Boston, MA, and at
the U.S. Environmental Protection Agency, EPA Region 2 Regional Office,
Air Programs Branch, 290 Broadway, New York, New York 10007-1866. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and facility
closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: For questions relating to Connecticut,
contact Bob McConnell, Air and Radiation Division (Mail Code 5-MD),
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1046, or by
email at [email protected], and for questions relating to New
York and/or New Jersey, contact Fausto Taveras, Environmental
Protection Agency, Region 2, 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. Reclassification of the New York-Northern New Jersey-Long Island,
NY-NJ-CT Area to Serious Ozone Nonattainment
II. Statutory and Executive Order Reviews
I. Reclassification of the New York-Northern New Jersey-Long Island,
NY-NJ-CT Area to Serious Ozone Nonattainment
Effective August 3, 2018, the EPA classified the New York-Northern
New Jersey-Long Island, NY-NJ-CT area under the CAA as ``Moderate'' for
the 2015 8-hour ozone NAAQS. See 83 FR 25776 (June 4, 2018).This area
is herein referred to as the NY-NJ-CT 2015 NAAQS nonattainment area.
Classification of this area as a Moderate ozone nonattainment area
established a requirement that the area attain the 2015 ozone NAAQS as
expeditiously as practicable, but no later than six years from
designation, i.e., August 3, 2024. On May 23, 2024, the New Jersey
Department of Environmental Protection requested that the EPA
reclassify the NY-NJ-CT 2015 NAAQS nonattainment area from moderate to
Severe, or, in the alternative, to Serious if the States of New York
and Connecticut did not both submit requests to reclassify the area to
Severe but did submit requests to reclassify this area to Serious. On
June 5, 2024, the New York Department of Environmental Conservation
(NYSDEC) requested that the NY-NJ-CT 2015 NAAQS nonattainment area be
reclassified to Serious, and on June 13, 2024, the Connecticut
Department of Energy and the Environment also submitted a request that
the NY-NJ-CT 2015 NAAQS nonattainment area be reclassified to Serious.
We are approving these States' reclassification request under
section 181(b)(3) of the Act, which provides for ``voluntary
reclassification.'' Because the plain language of section 181(b)(3)
mandates that we approve such a request, the EPA is granting the
States' request for voluntary reclassification under section 181(b)(3)
for the NY-NJ-CT 2015 NAAQS nonattainment area for the 2015 ozone
NAAQS, and the EPA is reclassifying the area from Moderate to Serious.
Because of this action, the NY-NJ-CT 2015 NAAQS nonattainment area must
now attain the 2015 ozone NAAQS as expeditiously as practicable, but no
later than nine years from the date of the initial designation as
nonattainment, i.e., August 3, 2027. Applicable SIP requirements and
deadlines associated with the reclassification will be addressed in a
separate notice.
Within the geographic boundaries of the NY-NJ-CT 2015 NAAQS
nonattainment area Indian country exists under the jurisdiction of the
Shinnecock Indian Nation. Because the State of New York does not have
jurisdiction over Indian country located within its borders, NYSDEC's
request to reclassify the NY-NJ-CT 2015 NAAQS nonattainment area does
not apply to this area of Indian country. The EPA implements Federal
CAA programs, including reclassifications, in Indian country consistent
with our discretionary authority under sections 301(a) and 301(d)(4) of
the CAA. The EPA has not received a reclassification request from any
Tribe with jurisdiction within the NY-NJ-CT 2015 NAAQS nonattainment
area. In this action, we are adding regulatory text to 40 CFR part 81
to indicate that the area under the jurisdiction of the Shinnecock
Indian
[[Page 60315]]
Nation will retain the Moderate classification and the areas under the
jurisdiction of the States will be reclassified as Serious.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are ``impracticable, unnecessary or contrary to the
public interest.'' The EPA has determined that public notice and
comment for this action is unnecessary because our action to approve
voluntary reclassification requests under CAA section 181(b)(3) is
nondiscretionary both in its issuance and in its content. As such,
notice and comment rulemaking procedures would serve no useful purpose.
The EPA also finds that there is good cause under APA section
553(d)(3) for this reclassification to become effective on the date of
publication. Section 553(d)(3) of the APA allows an effective date of
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' 5 U.S.C.
553(d)(3). The purpose of the 30-day waiting period prescribed in APA
section 553(d)(3) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
This rule, however, does not create any new regulatory requirements
such that affected parties would need time to prepare before the rule
takes effect. The schedule for required plan submittals for the NY-NJ-
CT 2015 NAAQS nonattainment area under the new classification will be
proposed in a separate action. For this reason, the EPA finds good
cause under APA section 553(d)(3) for this reclassification to become
effective on the date of publication.
II. Statutory and Executive Order Reviews
Under the Clean Air Act 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); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, this request 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).
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. Connecticut, New York,
and New Jersey did not evaluate environmental justice considerations as
part of their submittals; 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.
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 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 September 23, 2024. 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 81
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone.
Dated: July 17, 2024.
David Cash,
Regional Administrator, EPA Region 1.
Dated: July 18, 2024.
Lisa Garcia,
Regional Administrator, EPA Region 2.
For the reasons set out in the preamble, the Environmental
Protection Agency amends 40 CFR Chapter 1 as set forth below:
[[Page 60316]]
PART 81--DESIGNATION FOR AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--[Amended]
0
2. In Sec. 81.307 the table entitled ``Connecticut--2015 8-Hour Ozone
NAAQS'' is amended by revising the entry for ``New York-Northern New
Jersey-Long Island, NY-NJ-CT'' to read as follows:
Sec. 81.307 Connecticut.
* * * * *
Connecticut--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ --------------------------------------------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
New York-Northern New Jersey-Long ......................... Nonattainment................. July 25, 2024................. Serious.
Island, NY-NJ-CT.
Fairfield County...................
Middlesex County...................
New Haven County...................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
0
3. In Sec. 81.331 the table entitled ``New Jersey--2015 8-Hour Ozone
NAAQS'' is amended by revising the entry for ``New York-Northern New
Jersey-Long Island, NY-NJ-CT'' to read as follows:
Sec. 81.331 New Jersey.
* * * * *
New Jersey--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ --------------------------------------------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
New York-Northern New Jersey-Long ......................... Nonattainment................. July 25, 2024................. Serious.
Island, NY-NJ-CT.
Bergen County......................
Essex County.......................
Hudson County......................
Hunterdon County...................
Middlesex County...................
Monmouth County....................
Morris County......................
Passaic County.....................
Somerset County....................
Sussex County......................
Union County.......................
Warren County......................
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
0
4. In Sec. 81.333 the table entitled ``New York--2015 8-Hour Ozone
NAAQS'' is amended by revising the entry for ``New York-Northern New
Jersey-Long Island, NY-NJ-CT'' and adding an entry at the end of the
table for ``Shinnecock Indian Nation''.
The revision and addition reads as follows:
Sec. 81.333 New York.
* * * * *
New York--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ --------------------------------------------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
New York-Northern New Jersey-Long ......................... Nonattainment................. July 25, 2024................. Serious.
Island, NY-NJ-CT.
Bronx County.......................
Kings County.......................
Nassau County......................
[[Page 60317]]
New York County....................
Queens County......................
Richmond County....................
Rockland County....................
Suffolk County.....................
Westchester County.................
Shinnecock Indian Nation........... ......................... Nonattainment................. August 3, 2018................ Moderate.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2024-16244 Filed 7-24-24; 8:45 am]
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