Rule2025-15443
Approval and Promulgation of State Implementation Plans; New York; Emission Statement Certification of the 2008 and 2015 Ozone National Ambient Air Quality Standards
Primary source
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Published
August 14, 2025
Effective
September 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving portions of the comprehensive State Implementation Plan (SIP) revisions submitted by New York State that certify that the State has satisfied the requirements for an emission statement program for both the Serious and Moderate classifications of the 2008 and 2015 ozone National Ambient Air Quality Standards (NAAQS), respectively. These actions are being taken in accordance with the requirements of the Clean Air Act (CAA). The EPA proposed to approve this SIP revision on May 8, 2025, and received no comments.
Full Text
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<title>Federal Register, Volume 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Rules and Regulations]
[Pages 39132-39135]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15443]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2025-0040; FRL-12733-02-R2]
Approval and Promulgation of State Implementation Plans; New
York; Emission Statement Certification of the 2008 and 2015 Ozone
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of
[[Page 39133]]
the comprehensive State Implementation Plan (SIP) revisions submitted
by New York State that certify that the State has satisfied the
requirements for an emission statement program for both the Serious and
Moderate classifications of the 2008 and 2015 ozone National Ambient
Air Quality Standards (NAAQS), respectively. These actions are being
taken in accordance with the requirements of the Clean Air Act (CAA).
The EPA proposed to approve this SIP revision on May 8, 2025, and
received no comments.
DATES: This final rule is effective on September 15, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R02-OAR-2025-0040. 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., Controlled
Unclassified Information (CUI) (formerly 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental
Protection Agency, Air Programs Branch, Region 2, 290 Broadway, New
York, New York 10007-1866, telephone number: (212) 637-3378, or by
email address: <a href="/cdn-cgi/l/email-protection#89fde8ffecfbe8faa7efe8fcfafde6c9ecf9e8a7eee6ff"><span class="__cf_email__" data-cfemail="c5b1a4b3a0b7a4b6eba3a4b0b6b1aa85a0b5a4eba2aab3">[email protected]</span></a>.
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 May 8, 2025, the EPA proposed to approve State Implementation
Plan (SIP) revisions submitted by New York State for purposes of
addressing ozone elements for the 2008 and 2015 ozone 8-hour NAAQS for
the New York portion of the New York-Northern New Jersey-Long Island
(NY-NJ-CT) nonattainment area (also referred to as the New York Metro
Area or NYMA). See 90 FR 19434. Specifically, the EPA proposed to
approve the State's certification that it has satisfied the
requirements for an emission statement program for the 2015 ozone
Moderate classification, pursuant to CAA section 182(a)(3)(B) and
182(b), for the NYMA nonattainment area included in its comprehensive
SIP submittal from January 29, 2021. Additionally, New York State also
submitted a comprehensive SIP revision on November 29, 2021. Within
that submittal, the State included its certification that it has
satisfied the requirements of an emission statement program for the
2008 ozone Serious classification, pursuant to CAA section 182(a)(3)(B)
and 182(c), for the NYMA nonattainment area.\1\ Within both
submissions, New York certifies that the emission statement requirement
under CAA section 182(a)(3)(B) continues to be fully addressed through
the implementation and enforcement of its state-wide federally approved
regulation at Title 6 of the New York Code of Rules and Regulation
(NYCRR) subpart 202-2, ``Emission Statements.'' \2\
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\1\ The EPA addressed the remaining ozone elements, outlined in
New York's comprehensive January 29, 2021, and November 29, 2021,
SIP revisions, in a separate rulemaking. See 88 FR 77208 (November
9, 2023).
\2\ The EPA approved a revision to 6 NYCRR subpart 202-2 into
New York's SIP on December 28, 2023. See 88 FR 89593.
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Planning elements addressed in this final action from New York's
comprehensive January 29, 2021, and November 29, 2021, SIP submissions
along with the respective NAAQS classification and nonattainment areas
are outlined in table 1.
Table 1--SIP Elements That the EPA Is Approving That Are Addressed in New York State's Comprehensive SIP
Revision Submitted on January 29, 2021, and November 29, 2021
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Ozone NAAQS & classification SIP element Nonattainment areas SIP submission date
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2008 Ozone NAAQS--Serious Certification of the New York's portion of November 29, 2021.
Classification. State's Emission the New York-Northern
Statement Program New Jersey-Long Island
Pursuant to CAA (NY-NJ-CT).
section 182(c).
2015 Ozone NAAQS--Moderate Certification of the New York's portion of January 29, 2021.
Classification. State's Emission the New York-Northern
Statement Program New Jersey-Long Island
Pursuant to CAA (NY-NJ-CT).
section 182(a)(3)(B).
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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 May 8, 2025, proposal. See
90 FR 19434.
II. What comments were received in response to the EPA's proposed
action?
The EPA provided a 30-day review and comment period for the May 8,
2025, proposed rule. The comment period ended on June 9, 2025. We
received no comments on the EPA's action. As a result, no changes have
been made to this final rule.
III. What action is the EPA taking?
In this rule, the EPA is approving the certifications included in
New York State's January 29, 2021, and November 29, 2021, comprehensive
SIP revisions. Within the January 29, 2021, comprehensive SIP revision,
the State certified that it has satisfied the requirements of an
emission statement program for the 2015 ozone Moderate classification,
pursuant to CAA sections 182(a)(3)(B) and 182(b), for the NYMA
nonattainment area. Additionally, the State's November 29, 2021,
comprehensive SIP revision provided certification that its existing
emission statement regulation addresses the requirements for an
emission statement program for the 2008 ozone Serious classification,
pursuant to CAA sections 182(a)(3)(B) and 182(c), for the NYMA
nonattainment area. In this action, the EPA has determined that New
York State's federally approved emission statement regulation, 6 NYCRR
subpart 202-2, ``Emission Statements,'' continues to properly implement
the emissions statement requirements of CAA sections 182(a)(3)(B) and
182(c) consistent with 40 CFR 51.1115 and 40 CFR 51.1315.
[[Page 39134]]
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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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 CAA.
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 it 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).
This action is subject to the Congressional Review Act (CRA), and
EPA will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 14, 2025. 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, Intergovernmental relations, Nitrogen dioxide, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Michael Martucci,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, EPA amends 40 CFR part
52 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, the table in paragraph (e) is amended by adding
the entries ``2008 8-hour Ozone NAAQS Serious Emission Statement
Program Certification Pursuant to Clean Air Act section 182(c)'' and
``2015 8-hour Ozone NAAQS Moderate Emission Statement Program
Certification Pursuant to Clean Air Act sections 182(a)(3)(B) and
182(b)'' in alphabetical order 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
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Applicable
Action/SIP element geographic or New York EPA approval date Explanation
nonattainment area submittal date
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* * * * * * *
2008 8-hour Ozone NAAQS Serious New York portion of 11/29/2021 8/14/2025, 90 FR <bullet> Full
Emission Statement Program the New York- [insert Federal approval.
Certification Pursuant to Clean Northern New Register page
Air Act section 182(c). Jersey-Long Island where the document
NY-NJ-CT 8-hour begins].
ozone
nonattainment area.
2015 8-hour Ozone NAAQS Moderate New York portion of 01/29/2021 8/14/2025, 90 FR <bullet> Full
Emission Statement Program the New York- [insert Federal approval.
Certification Pursuant to Clean Northern New Register page
Air Act sections 182(a)(3)(B) Jersey-Long Island where the document
and 182(b). NY-NJ-CT 8-hour begins].
ozone
nonattainment area.
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0
3. In Sec. 52.1683, add paragraphs (w)(8) and (9) to read as follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(w) * * *
(8) New York's certification that the State has satisfied the
requirements for Emission Statement Program under the Clean Air Act for
the 2008 8-hour Ozone NAAQS Serious classification, 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,
pursuant to Clean Air Act section 182(c), is approved.
[[Page 39135]]
(9) New York's certification that the State has satisfied the
requirements for Emission Statement Program under the Clean Air Act for
the 2015 8-hour Ozone NAAQS Moderate classification, included in the
State's January 29, 2021, SIP submittal for the New York portion of the
New York-Northern New Jersey-Long Island nonattainment area, pursuant
to Clean Air Act sections 182(a)(3)(B) and 182(b), is approved.
[FR Doc. 2025-15443 Filed 8-13-25; 8:45 am]
BILLING CODE 6560-50-P
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