Rule2024-16244
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 25, 2024
Effective
July 25, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 143 (Thursday, July 25, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16244]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#640907070b0a0a0108084a160b06011610240114054a030b12"><span class="__cf_email__" data-cfemail="09646a6a6667676c6565277b666b6c7b7d496c7968276e667f">[email protected]</span></a>, 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 <a href="/cdn-cgi/l/email-protection#b1e5d0c7d4c3d0c29ff7d0c4c2c5def1d4c1d09fd6dec7"><span class="__cf_email__" data-cfemail="7b2f1a0d1e091a08553d1a0e080f143b1e0b1a551c140d">[email protected]</span></a>.
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:
<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); and
<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.
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]
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Designation Classification
Designated area \1\ --------------------------------------------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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New York-Northern New Jersey-Long ......................... Nonattainment................. July 25, 2024................. Serious.
Island, NY-NJ-CT.
Fairfield County...................
Middlesex County...................
New Haven County...................
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\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......................
* * * * * * *
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\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.
* * * * * * *
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\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]
BILLING CODE 6560-50-P
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