Rule2021-18983
Approval and Promulgation of Implementation Plans; New Jersey and New York; 1997 Ozone Attainment Demonstrations for the NY-NJ-CT Nonattainment Area
Primary source
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Published
September 2, 2021
Effective
October 4, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to the ozone attainment portions of the State Implementation Plan (SIP) submitted by the states of New Jersey and New York to meet the Clean Air Act (CAA) requirements for attaining the 1997 8-hour ozone national ambient air quality standard (NAAQS). Specifically, the EPA is approving New Jersey's and New York's demonstrations of attainment of the 1997 8-hour ozone NAAQS for their portions of the New York-Northern New Jersey-Long Island NY-NJ-CT Moderate 1997 8-hour ozone nonattainment area (hereafter, the NY-NJ-CT area or the NY-NJ-CT nonattainment area). This action is being taken under the Clean Air Act.
Full Text
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<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49249-49252]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18983]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2020-0613; FRL-8928-02-R2]
Approval and Promulgation of Implementation Plans; New Jersey and
New York; 1997 Ozone Attainment Demonstrations for the NY-NJ-CT
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the ozone attainment portions of the State Implementation
Plan (SIP) submitted by the states of New Jersey and New York to meet
the Clean Air Act (CAA) requirements for attaining the 1997 8-hour
ozone national ambient air quality standard (NAAQS). Specifically, the
EPA is approving New Jersey's and New York's demonstrations of
attainment of the 1997 8-hour ozone NAAQS for their portions of the New
York-Northern New Jersey-Long Island NY-NJ-CT Moderate 1997 8-hour
ozone nonattainment area (hereafter, the NY-NJ-CT area or the NY-NJ-CT
nonattainment area). This action is being taken under the Clean Air
Act.
DATES: This final rule is effective on October 4, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2020-0613. All documents in the docket are
listed on the <a href="http://www.regulations.gov">http://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are
[[Page 49250]]
available electronically through <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Omar Hammad, Air Planning Section,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3347.
SUPPLEMENTARY INFORMATION: The Supplementary Information section is
arranged as follows:
Table of Contents
I. Background and Purpose
II. Summary of Action and Comments Received
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On June 21, 2021 (86 FR 32363) and June 24, 2021 (86 FR 33154) \1\
the Environmental Protection Agency (EPA) published a Notice of
Proposed Rulemaking (NPRM) for New Jersey and New York. In that
proposed rulemaking action, the EPA proposed to approve a portion of
New Jersey's and New York's SIP revision submitted on January 2, 2018
and November 13, 2017 respectively, for attainment of the 1997 84 parts
per billion (ppb) 8-hour ozone National Ambient Air Quality Standards
(NAAQS). New Jersey and New York previously submitted attainment
demonstrations for the 1997 84 ppb 8-hour ozone standard which were
approved by the EPA. 78 FR 9596 (February 11, 2013). On June 18, 2012,
the EPA issued a Clean Data Determination (CDD) for the 1997 84 ppb 8-
hour ozone standard for the NY-NJ-CT area based on the attainment
demonstrations submitted by the two States. 77 FR 36163 (March 26,
2012). However, on May 4, 2016, EPA rescinded the CDD since the EPA
determined that areas within the NY-NJ-CT area exceeded the 1997 84 ppb
standard based on 2010-2012 monitoring data. 81 FR 26697 (May 4, 2016).
The EPA simultaneously issued a SIP Call for the affected states within
the nonattainment area to address the 1997 84 ppb 8-hour ozone
standard. The SIP revisions submitted by New Jersey and New York
address the attainment demonstration requirements of the May 4, 2016
SIP Call. The EPA's review of this material indicates that ambient air
quality monitors within the NY-NJ-CT area are attaining the 1997 ozone
NAAQS.
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\1\ The proposed rule was published twice due to a clerical
error.
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II. Summary of Action and Comments Received
As discussed in the proposed rule at 86 FR 32363, June 21, 2021,
and at 86 FR 33154, June 24, 2021, the EPA reviewed the photochemical
grid modeling used by New Jersey and New York in their SIP submittal to
demonstrate attainment of the 1997 ozone NAAQS and determined that the
modeling meets the EPA's guidelines and is acceptable to the EPA. Air
quality monitoring data for 2014-2016 and certified data for 2017, 2018
and 2019 in the NY-NJ-CT area and the subsequent design values for
2015-2017, 2016-2018 and 2017-2019 also demonstrate attainment of the
1997 8-hour ozone standard throughout the NY-NJ-CT area. The purpose of
the attainment demonstration is to demonstrate how, through enforceable
and approvable emission reductions, an area will meet the standard by
the attainment date. All necessary ozone control measures have already
been adopted, submitted, approved and implemented. Also discussed in
further detail in the proposed rulemaking and based on: (1) The States
following the EPA's modeling guidance, (2) the modeled attainment of
1997 standard, (3) the air quality monitoring data for 2014-2016, 2015-
2017, 2016-2018, 2017-2019, and (4) the implemented SIP-approved
control measures, the EPA is approving the New Jersey and New York
attainment demonstrations for the 1997 ozone NAAQS for their portions
of the NY-NJ-CT area.
Other specific requirements of an attainment demonstration and the
rationale for the EPA's proposed action is explained in more detail in
the NPRM. The EPA did not receive any comments during the comment
period.
III. Final Action
The EPA is approving the attainment demonstration for the New
Jersey and New York portions of the NY-NJ-CT nonattainment area for the
1997 ozone NAAQS. This rulemaking addresses the EPA's obligations to
act on New Jersey's January 2, 2018 and New York's November 13, 2017
SIP revision for the 1997 ozone NAAQS.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
<bullet> Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rulemaking action, pertaining to New York's and
New Jersey's 1997 8-hour ozone attainment demonstration submissions is
not approved to apply on any Indian reservation land or in any other
area where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian country, the rule does not have
tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides
[[Page 49251]]
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 1, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone,
Reporting and recordkeeping requirements, Particulate matter, Volatile
Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 27, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. In Sec. 52.1570 the table in paragraph (e) is amended by adding the
entry for ``1997 8-hour Ozone--Attainment Demonstration'' at the end of
the table to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
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Applicable
SIP element geographic or New Jersey EPA approval date Explanation
nonattainment area submittal date
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* * * * * * *
1997 8-hour Ozone--Attainment New Jersey portion 1/2/2018 9/2/2021, [Insert <bullet> Full
Demonstration. of the New York- Federal Register approval.
Northern New page citation]. <bullet> This
Jersey-Long action addresses
Island, NY-NJ-CT 8- the attainment
hour ozone demonstration
moderate requirements of
nonattainment area. the May 4, 2016
SIP Call (81 FR
26697).
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0
3. Sec. 52.1582 is amended by adding paragraph (r) to read as follows:
Sec. 52.1582 Control strategy and regulations: Ozone.
* * * * *
(r) The 1997 8-hour ozone attainment demonstration for the New
Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-
CT nonattainment area included in New Jersey's January 2, 2018 State
Implementation Plan revision is approved and satisfies the requirements
of section 182 of the Clean Air Act.
Subpart HH--New York
0
4. In Sec. 52.1670 the table in paragraph (e) is amended by adding the
following entry ``1997 8-hour Ozone--Attainment Demonstration'' at the
end of the table to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Action/SIP element geographic or New York EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 8-hour Ozone--Attainment New York portion of 11/13/2017 9/2/2021, [Insert <bullet> Full
Demonstration. the New York- Federal Register approval.
Northern New page citation]. <bullet> This
Jersey-Long action addresses
Island, NY-NJ-CT 8- the attainment
hour ozone demonstration
moderate requirements of
nonattainment area. the May 4, 2016
SIP Call (81 FR
26697).
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0
5. Sec. 52.1683 is amended by adding new paragraph (t) to read as
follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(t) The 1997 8-hour ozone attainment demonstration for the New York
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT
nonattainment area included in New York's November 13, 2017 State
Implementation Plan revision is approved and satisfies the
[[Page 49252]]
requirements of section 182 of the Clean Air Act.
[FR Doc. 2021-18983 Filed 9-1-21; 8:45 am]
BILLING CODE 6560-50-P
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