Rule2021-21346
Approval of Air Quality Implementation Plans; New York; 2011 Periodic Emission Inventory SIP for the Ozone Nonattainment Areas
Primary source
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Published
October 1, 2021
Effective
November 1, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the New York State Department of Environmental Conservation (NYSDEC). The SIP revision consists of the following: 2011 calendar year ozone precursor emission inventory for volatile organic compounds (VOCs), oxides of nitrogen (NO<INF>X</INF>), and carbon monoxide (CO) for the New York portion of the New York-Northern New Jersey-Long Island, Connecticut NY-NJ-CT area (New York Metropolitan Area, or NYMA) classified as serious ozone nonattainment for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or standard); and the Jamestown (Chautauqua County) ozone nonattainment area classified as marginal for the 2008 8-hour ozone standard. In addition, the SIP revision also consists of the 2011 calendar year statewide periodic emission inventory for volatile organic compounds, oxides of nitrogen, and carbon monoxide. This action is being taken in accordance with the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 86 Issue 188 (Friday, October 1, 2021)</title>
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[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54377-54379]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21346]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2021-0263; FRL-8943-02-R2]
Approval of Air Quality Implementation Plans; New York; 2011
Periodic Emission Inventory SIP for the Ozone Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the New York State
Department of Environmental Conservation (NYSDEC). The SIP revision
consists of the following: 2011 calendar year ozone precursor emission
inventory for volatile organic compounds (VOCs), oxides of nitrogen
(NO<INF>X</INF>), and carbon monoxide (CO) for the New York portion of
the New York-Northern New Jersey-Long Island, Connecticut NY-NJ-CT area
(New York Metropolitan Area, or NYMA) classified as serious ozone
nonattainment for the 2008 8-hour ozone National Ambient Air Quality
Standards (NAAQS or standard); and the Jamestown (Chautauqua County)
ozone nonattainment area classified as marginal for the 2008 8-hour
ozone standard. In addition, the SIP revision also consists of the 2011
calendar year statewide periodic emission inventory for volatile
organic compounds, oxides of nitrogen, and carbon monoxide. This action
is being taken in accordance with the Clean Air Act (CAA).
DATES: This final rule is effective on November 1, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-OAR-2021-0263. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://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 available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-3382, or by email at
<a href="/cdn-cgi/l/email-protection#680a0906070646111b090a0d04280d1809460f071e"><span class="__cf_email__" data-cfemail="bfddded1d0d191c6ccdedddad3ffdacfde91d8d0c9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On July 1, 2021 (86 FR 35030), the EPA published a notice of
proposed rulemaking (NPRM) for the New York State Implementation Plan
submitted on November 13, 2017. The NPRM proposed approval of the 2011
calendar year ozone season daily and annual ozone precursor emission
inventory for carbon monoxide (CO), oxides of nitrogen
(NO<INF>X</INF>), and volatile organic compounds (VOCs) for the New
York portion of New York-New Jersey-Long Island NY-NJ-CT (NYMA) serious
[[Page 54378]]
nonattainment area; and for the Jamestown, NY marginal nonattainment
area. In addition, the NPRM proposed approval of the 2011 calendar year
ozone emission inventory that was developed statewide for New York.
The pollutants included in the inventory are annual emissions for
CO, NO<INF>X</INF>, and VOC. These submittals were made, in part to
meet requirements for serious areas for the 2008 ozone national ambient
air quality standard (NAAQS). Other specific requirements of New York's
SIP revisions for the 2008 ozone NAAQS and the rationale for the EPA's
proposed action are explained in the NPRM and will not be restated
here.
II. Response to Comments
The EPA did not receive any comments on the July 1, 2021 NPRM.
III. Final Action
The EPA is approving revisions to the New York SIP which pertains
to the following: 2011 calendar year ozone season daily and annual
ozone precursor emission inventories for CO, NO<INF>X</INF>, and VOC
for the NYMA portion of New York-New Jersey-Long Island NY-NJ-CT
serious nonattainment area, and for the Jamestown marginal
nonattainment area. In addition, the EPA is approving the 2011 calendar
year ozone emissions inventory that was developed statewide for New
York. The pollutants included in the inventory are annual emissions for
CO, NO<INF>X</INF>, and VOC.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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 proposed action:
<bullet> 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));
<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 Clean Air Act; 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249 (November 9,
2000)).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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 30, 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, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 27, 2021.
Walter Mugdan,
Acting Regional Administrator, EPA Region 2.
Part 52 of 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 HH--New York
0
2. Section 52.1670 is amended in paragraph (e) by adding the entries
``2011 base year emissions inventory,'' ``2011 VOC, NO<INF>X</INF> and
CO ozone summer season and annual emission inventory,'' and ``2011 VOC,
NO<INF>X</INF> and CO ozone summer season and annual emission
inventory'' to the end of the table to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(e) * * *
[[Page 54379]]
EPA--Approved New York Nonregulatory and Quasi-Regulatory Provisions
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Applicable New York
Action/SIP element geographic or submittal EPA approval date Explanation
nonattainment area date
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* * * ```* * * *
2011 base year emissions State-wide.......... 11/13/2017 10/1/2021, [insert <bullet> Full
inventory. Federal Register approval.
citation]. <bullet>The
inventory contains
point, nonpoint,
nonroad, on-road
and biogenic
source data.
2011 VOC, NOX and CO ozone summer New York portion of 11/13/2017 10/1/2021, [insert <bullet> Full
season and annual emission the New York- Federal Register approval.
inventory.. Northern New Jersey- citation]. <bullet>The
Long Island NY-NJ- inventory contains
CT 8-hour serious point, nonpoint,
ozone nonattainment nonroad, on-road
area. and biogenic
source data.
2011 VOC, NOX and CO ozone summer Jamestown 8-hour 11/13/2017 10/1/2021, [insert <bullet> Full
season and annual emission marginal ozone Federal Register approval.
inventory.. nonattainment area. citation]. <bullet>The
inventory contains
point, nonpoint,
nonroad, on-road
and biogenic
source data.
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[FR Doc. 2021-21346 Filed 9-30-21; 8:45 am]
BILLING CODE 6560-50-P
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