Proposed Rule2026-02810
Air Plan Approval; New York; New York Metropolitan Area Second Ten-Year Limited Maintenance Plan for the 2006 24-Hour PM2.5 Standard
Primary source
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Published
February 12, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act (CAA), the limited maintenance plan (LMP) for the 2006 PM<INF>2.5</INF> national ambient air quality standard (NAAQS) for ten counties which comprise the New York portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT) 2006 PM<INF>2.5</INF> NAAQS maintenance area. This LMP was submitted on October 15, 2024 by the New York State Department of Environmental Conservation (NYSDEC). The plan addresses the second ten-year maintenance period for particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, known as PM<INF>2.5</INF>. The EPA is proposing approval of New York's LMP submission because it provides for the maintenance of the 2006 24-hour PM<INF>2.5</INF> NAAQS through the end of the second ten-year portion of the maintenance period. In addition, the EPA completed the adequacy review process of this New York PM<INF>2.5</INF> LMP for transportation conformity purposes on September 4, 2025.
Full Text
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<title>Federal Register, Volume 91 Issue 29 (Thursday, February 12, 2026)</title>
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[Federal Register Volume 91, Number 29 (Thursday, February 12, 2026)]
[Proposed Rules]
[Pages 6561-6568]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02810]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2025-0256; FRL-12788-01-R2]
Air Plan Approval; New York; New York Metropolitan Area Second
Ten-Year Limited Maintenance Plan for the 2006 24-Hour PM2.5 Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve, under the Clean Air Act (CAA), the limited maintenance plan
(LMP) for the 2006 PM<INF>2.5</INF> national ambient air quality
standard (NAAQS) for ten counties which comprise the New York portion
of the New York-Northern New Jersey-Long Island (NY-NJ-CT) 2006
PM<INF>2.5</INF> NAAQS maintenance area. This LMP was submitted on
October 15, 2024 by the New York State Department of Environmental
Conservation (NYSDEC). The plan addresses the second ten-year
maintenance period for particulate matter with an aerodynamic diameter
less than or equal to a nominal 2.5 micrometers, known as
PM<INF>2.5</INF>. The EPA is proposing approval of New York's LMP
submission because it provides for the maintenance of the 2006 24-hour
PM<INF>2.5</INF> NAAQS through the end of the second ten-year portion
of the maintenance period. In addition, the EPA completed the adequacy
review process of this New York PM<INF>2.5</INF> LMP for transportation
conformity purposes on September 4, 2025.
DATES: Written comments must be received on or before March 16, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2025-0256 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method) or
the other submission methods identified in the link below. Once
submitted, comments cannot be edited or removed from the docket. EPA
may publish any comment received to its public docket. Do not submit to
EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission methods; the
full EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.
FOR FURTHER INFORMATION CONTACT: Blythe Reder, Environmental Protection
Agency, Air Programs Branch, Region 2, 290 Broadway, New York, New York
10007-1866, telephone number: (212) 637-3678, email address:
<a href="/cdn-cgi/l/email-protection#0b796e6f6e79256967727f636e4b6e7b6a256c647d"><span class="__cf_email__" data-cfemail="47352223223569252b3e332f220722372669202831">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Purpose
A. The PM<INF>2.5</INF> National Ambient Air Quality Standards
(NAAQS)
B. Regulatory Actions in the New York Metropolitan Area
II. The Limited Maintenance Plan Option
A. Demonstration of Maintenance Using the Limited Maintenance
Plan Option
B. Transportation Conformity Under Limited Maintenance Plan
Option
C. General Conformity Under Limited Maintenance Plan Option
III. EPA's Analysis of the State's Submittal
A. Demonstration of Qualification for the Limited Maintenance
Plan Option
B. Attainment Inventory
C. Air Quality Monitoring Network
D. Verification of Continued Attainment
E. Contingency Provisions
IV. EPA's Proposed Action
V. Statutory and Executive Order Reviews
I. Background and Purpose
A. The PM2.5 National Ambient Air Quality Standards (NAAQS)
The EPA has established NAAQS for particulate matter with an
aerodynamic diameter less than or equal to 2.5 micrometers, known as
PM<INF>2.5</INF>, to protect human health and the environment. In 1997,
EPA established the first PM<INF>2.5</INF> standards based on
significant scientific evidence and health studies demonstrating the
serious health effects associated with exposure to PM<INF>2.5</INF>.
See 62 FR 38652, July 18, 1997. EPA set an annual standard of 15.0
micrograms per cubic meter ([mu]g/m\3\) and a 24-hour (or daily)
standard of 65 [mu]g/m\3\. In 2006, EPA strengthened the 24-hour
PM<INF>2.5</INF> NAAQS by revising it to 35 [mu]g/m\3\ and retained the
level of the annual PM<INF>2.5</INF> standard at 15.0 [mu]g/m\3\. See
71 FR 61144, October 17, 2006. Subsequently, in 2012, EPA established
an annual primary PM<INF>2.5</INF> NAAQS at 12.0 [mu]g/m\3\ and
retained the 2006 24-hour PM<INF>2.5</INF> NAAQS at 35 [mu]g/m\3\. See
78 FR 3086, January 15, 2013. In a rule that became effective on
October 24, 2016, EPA revoked the 1997 primary annual PM<INF>2.5</INF>
standard in lieu of the more stringent 2012 primary annual
PM<INF>2.5</INF> NAAQS. See 81 FR 58010, August 24, 2016. In early
2024, EPA strengthened the level of the annual primary PM<INF>2.5</INF>
standard to 9.0 [mu]g/m\3\ and retained the 2006 24-hour
PM<INF>2.5</INF> NAAQS at 35 [mu]g/m\3\.\1\ See 89 FR 16202, March 6,
2024.
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\1\ The PM<INF>2.5</INF> 2024 NAAQS is currently being
reconsidered. See, e.g., ``Trump EPA Announces Path Forward on
National Air Quality Standards for Particulate Matter
(PM<INF>2.5</INF>) to Aid Manufacturing, Small Businesses,'' Mar.
12, 2025, at <a href="https://www.epa.gov/newsreleases/trump-epa-announces-path-forward-national-air-quality-standards-particulate-matter">https://www.epa.gov/newsreleases/trump-epa-announces-path-forward-national-air-quality-standards-particulate-matter</a>.
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[[Page 6562]]
B. Regulatory Actions in the New York Metropolitan Area
Hereafter, New York Metropolitan Area (NYMA) refers to the New York
portion of the NY-NJ-CT maintenance area, which is comprised of the
following counties: Bronx, Kings, Nassau, New York, Orange, Queens,
Richmond, Rockland, Suffolk, and Westchester. EPA promulgated the
designations for NYMA as a PM<INF>2.5</INF> nonattainment area for the
1997 annual PM<INF>2.5</INF> NAAQS on January 5, 2005 (70 FR 944,
January 5, 2005) which was then supplemented on April 14, 2005 (70 FR
19844, April 14, 2005), due to measured violations of the standards.
On June 27, 2013, the New York State Department of Environmental
Conservation (NYSDEC) submitted a request to EPA to redesignate the
NYMA nonattainment area to attainment of both the 1997 annual and 2006
24-hour PM<INF>2.5</INF> NAAQS. Concurrently, NYSDEC submitted a
maintenance plan for the area as a State Implementation Plan (SIP)
revision to ensure continued attainment. NYSDEC provided supplemental
submissions to EPA on September 18, 2013, and February 27, 2014, to
clarify portions of the redesignation request, maintenance plan, and
emissions information. EPA redesignated the NYMA to attainment for the
1997 and 2006 PM<INF>2.5</INF> NAAQS on April 18, 2014 (79 FR 21857,
April 18, 2014) and approved the associated maintenance plan into the
SIP. The purpose of NYSDEC's October 15, 2024, LMP submission is to
fulfill the second ten-year planning requirement of CAA section
175A(b), thus ensuring PM<INF>2.5</INF> NAAQS attainment through the
end of the second maintenance period for PM<INF>2.5</INF>.
In its LMP submission, the NYSDEC has requested approval for both
the 2006 24-hour standard and the 1997 annual standard. However, the
EPA is addressing only the 2006 24-hour NAAQS, in accordance with the
PM<INF>2.5</INF> SIP Requirements Rule (81 FR 58010, August 24, 2016),
as a second ten-year maintenance plan is not required for the revoked
1997 annual PM<INF>2.5</INF> standard.
II. The Limited Maintenance Plan Option
A. Demonstration of Maintenance Using the Limited Maintenance Plan
Option
Section 175A of the CAA, 42 U.S.C. 7505a, sets forth the elements
of a maintenance plan. Maintenance means that the area is at or below
the respective NAAQS. Under section 175A, a state must submit a
revision to the SIP that provides for maintenance of the applicable
NAAQS for at least ten years after an area is redesignated to
attainment. Section 175A also requires that eight years into the first
maintenance period, the state must submit a second maintenance plan
demonstrating that the area will continue to attain for the following
ten-year period.
EPA has published long-standing guidance for states on developing
maintenance plans.\2\ The Calcagni memo provides that states may
generally demonstrate maintenance by either performing air quality
modeling to show that the future mix of sources and emission rates will
not cause a violation of the NAAQS, or by showing that future emissions
of a pollutant and its precursors will not exceed the level of
emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). EPA clarified in subsequent guidance
memoranda that certain nonattainment areas could meet the CAA section
175A requirement to provide for maintenance by demonstrating that an
area's design value is well below the NAAQS and that the historical
stability of the area's air quality levels indicates that the area is
unlikely to violate the NAAQS in the future.\3\ Design values are
calculated using the three-year averages of the annual mean
PM<INF>2.5</INF> concentrations, in which the annual mean
concentrations are calculated using the mean of daily averages of each
quarter in the given year.\4\ Most recently, in October 2022, EPA
released guidance extending this streamlined option for demonstrating
maintenance under CAA section 175A to certain PM<INF>2.5</INF> areas,
titled ``Guidance on Limited Maintenance Plan Option for Moderate
PM<INF>2.5</INF> Nonattainment Areas and PM<INF>2.5</INF> Maintenance
Areas'' (PM<INF>2.5</INF> LMP Guidance).\5\ EPA refers to this
streamlined demonstration of maintenance as an LMP. EPA has interpreted
CAA section 175A as allowing this option because it defines specific
content requirements for maintenance plans, and in EPA's experience
implementing the various NAAQS, areas that qualify for an LMP and have
approved LMPs have rarely experienced subsequent violations of the
NAAQS. As noted in the PM<INF>2.5</INF> LMP Guidance, states seeking an
LMP should still submit the other maintenance plan elements outlined in
the Calcagni memo, including the following: (1) An attainment emissions
inventory; (2) provisions for the continued operation of the ambient
air quality monitoring network; (3) verification of continued
attainment; and (4) a contingency plan in the event of a future
violation of the NAAQS. Moreover, states seeking an LMP must still
submit their section 175A maintenance plan as a revision to their SIP,
with all attendant notice and comment procedures.
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\2\ See John Calcagni, Director, Air Quality Management
Division, EPA Office of Air Quality Planning and Standards
(``OAQPS''), ``Procedures for Processing Requests to Redesignate
Areas to Attainment,'' Sept. 4, 1992 (``Calcagni memo''). A copy of
the Calcagni memo can be found in the docket for this proposed
rulemaking.
\3\ See Sally L. Shaver, OAQPS, ``Limited Maintenance Plan
Option for Nonclassifiable Ozone Nonattainment Areas,'' Nov. 16,
1994; Joseph Paisie, OAQPS, ``Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas,'' Oct. 6, 1995; and Lydia
Wegman, OAQPS, ``Limited Maintenance Plan Option for Moderate
PM<INF>10</INF> Nonattainment Areas'' (PM<INF>10</INF> LMP
Guidance), Aug. 9, 2001. Copies of these guidance memoranda can be
found in the docket for this proposed rulemaking.
\4\ Procedures for using the air quality data to determine
whether a NAAQS violation has occurred are given in 40 CFR part 50
appendix N.
\5\ See the EPA guidance, titled, ``Guidance on the Limited
Maintenance Plan Option for Moderate PM<INF>2.5</INF> Nonattainment
Areas and PM<INF>2.5</INF> Maintenance Areas.'' A copy of this
guidance can be found in the docket for this proposed rulemaking.
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The PM<INF>2.5</INF> LMP Guidance, similar to the PM<INF>10</INF>
LMP Guidance, allows states to demonstrate that certain areas qualify
for an LMP by showing that, based on their most recent consecutive five
years of measured air quality, they are unlikely to violate the NAAQS
in the future. Specifically, the PM<INF>2.5</INF> LMP Guidance relies
on the critical design value (CDV) concept. This guidance directs
states to calculate a site-specific CDV for the monitoring site in an
area with the highest design value, and to monitor for all other active
monitoring sites in the area with complete data. The highest design
value is used because it represents the highest level of
PM<INF>2.5</INF> pollution an area has experienced over the past five
years. The PM<INF>2.5</INF> LMP Guidance states that areas should show
that the average design value (ADV) for each monitoring site in the
area, i.e., the average of at least the most recent consecutive five
years of PM<INF>2.5</INF> design values, does not exceed the associated
CDV for each site.\6\ If the ADV for each monitoring site in the area
is below the CDV, then the probability of a future exceedance, based on
the area's historical air quality and variability, is less than ten
percent. The CDV calculation for a monitoring site involves the
following parameters: (1) the level of the relevant NAAQS; (2) the co-
efficient of variation (relative
[[Page 6563]]
difference in PM<INF>2.5</INF> concentrations among grids within a ZIP
code) of recent design values measured at that site; and (3) a
statistical parameter corresponding to a ten-percent probability of
exceedance, such that sites with historically high variability in
design values result in a lower (or more stringent) CDV. The
eligibility calculation equations for the CDV demonstration are shown
in table 1.
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\6\ EPA recommends that the ADV be calculated using at least
five years of design values, each representing a three-year period,
because this approach would rely on a more robust dataset. However,
we acknowledge that an alternative interpretation may be acceptable,
where these variables could be calculated using three years of
design values, collectively representing five years of air quality
data.
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Table 1--The Critical Design Value Calculation
[GRAPHIC] [TIFF OMITTED] TP12FE26.001
B. Transportation Conformity Under Limited Maintenance Plan Option
Transportation conformity is required by section 176(c) of the CAA,
42 U.S.C. 7506(c). Under that provision, conformity to a SIP means that
transportation activities will not cause or contribute to new air
quality violations, worsen existing violations, delay timely attainment
of the NAAQS, or any required interim emission reductions or other
milestones in any area. See CAA 176(c)(1)(A) and (B). EPA's
transportation conformity rule at 40 CFR part 93, subpart A establishes
the criteria and procedures to determine whether metropolitan
transportation plans, transportation improvement programs, and
federally supported highway and transit projects conform to the SIP.
Transportation conformity applies for transportation-related criteria
pollutants \7\ in nonattainment areas and redesignated attainment areas
with a CAA section 175A maintenance plan (i.e., maintenance areas).
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\7\ Transportation-related criteria air pollutants are carbon
monoxide, ground-level ozone, nitrogen dioxide, and particulate
matter. See 40 CFR part 50 for EPA's definitions of these
pollutants.
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While qualification for the LMP option does not exempt an area from
the need to determine conformity, in an area with an adequate \8\ or
approved LMP, conformity may be demonstrated for a transportation plan
or a transportation improvement program without a regional emissions
analysis for the relevant NAAQS and pollutant (40 CFR 93.109(e)).
However, transportation plan and transportation improvement program
conformity determinations that meet applicable requirements continue to
be required in these areas (see table 1 in 40 CFR 93.109), including a
regional emissions analysis for other NAAQS for which the areas are
nonattainment or maintenance (e.g., the 2008 and 2015 ozone NAAQS). For
the 2006 p.m.2.5 NAAQS, the areas also remain subject to the other
transportation conformity requirements of 40 CFR part 93, subpart A,
including fulfilling project-level conformity analyses requirements and
consultation requirements. In addition, the state's LMP must
demonstrate that the qualifying area is not expected to experience
growth in on-road emissions (during the maintenance period) that might
violate relevant NAAQS (40 CFR 93.109(e)).
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\8\ EPA's adequacy process is described in 40 CFR 93.118(e) and
(f), and EPA's adequacy website is located at <a href="https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity">https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity</a>.
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Separate from this proposed action, EPA completed the adequacy
review process for NYMA's submitted LMP (see 90 FR 42762, September 4,
2025).\9\ According to this previous document, EPA found that the LMP
for the New York portion of the NY-NJ-CT PM<INF>2.5</INF> maintenance
area is adequate for transportation conformity purposes. See 90 FR
42762. Please note that an adequacy review is separate from the EPA's
final decision on a transportation conformity SIP submission and should
not be used to prejudge the EPA's ultimate action for the SIP. Even if
the EPA finds that a limited maintenance plan is adequate for
transportation conformity purposes, the SIP could be later disapproved.
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\9\ See Transportation Adequacy Review attached in the docket.
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C. General Conformity Under Limited Maintenance Plan Option
The general conformity rule of November 30, 1993 (58 FR 63214,
November 30, 1993) applies to nonattainment areas and redesignated
attainment areas operating under maintenance plans (i.e., maintenance
areas). General conformity requires compliance to the purpose of a SIP,
which means that federal activities not related to transportation
plans, programs, and projects will not cause or contribute to any new
violation of any standard in any area, will not increase the frequency
or severity of any existing violation of any standard in any area, or
delay timely attainment of any standard or any required interim
emission reductions, or other milestones in any area (CAA sections
176(c)(1)(A) and (1)(B)). As noted in the PM<INF>2.5</INF> LMP
[[Page 6564]]
Guidance, EPA's general conformity regulations do not distinguish
between maintenance areas with an approved ``full maintenance plan''
and those with an approved LMP. Thus, maintenance areas with an
approved LMP are subject to the same general conformity requirements
under 40 CFR part 93, subpart B as those covered by a ``full
maintenance plan.'' Full compliance with the general conformity program
is required within an LMP.
III. EPA's Analysis of the State's Submittal
A. Demonstration of Qualification for the Limited Maintenance Plan
Option
EPA redesignated the NYMA to attainment of the PM<INF>2.5</INF>
NAAQS on April 18, 2014 (79 FR 21857, April 18, 2014). Table 2 below
shows the historical design values for each monitoring site within the
maintenance area since it was redesignated in 2014.\10\
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\10\ See <a href="https://www.epa.gov/air-trends/air-quality-design-values">https://www.epa.gov/air-trends/air-quality-design-values</a>.
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The 2006 24-hour PM<INF>2.5</INF> NAAQS is attained when the three-
year average of the 98th percentile of 24-hour PM<INF>2.5</INF>
concentrations is equal to or less than 35 [micro]g/m\3\, and as shown
in tables 2 and 3, the NYMA has been measuring air quality well below
the 2006 PM<INF>2.5</INF> NAAQS. The design values from the individual
monitoring sites within the maintenance area demonstrate the relative
stability of ambient PM<INF>2.5</INF> concentrations over time.
Furthermore, the design values for the individual sites are below the
35 [micro]g/m\3\ limit as well (see table 3).\11\
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\11\ Queens College Near Road (AQS ID: 36-081-0125) was not
included in the analysis due to having incomplete data for most
years.
Table 2--Design Values (DV) ([micro]g/m\3\) History of the 2006 24-Hour
PM2.5 NAAQS in the New York-Northern New Jersey-Long Island, NY-NJ-CT
Area Since Redesignation to Attainment
[2012 to 2024]
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New York-Northern New Jersey-
Design value period Long Island, NY-NJ-CT PM2.5
design value
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2012-2014................................. 27
2013-2015................................. 28
2014-2016................................. 24
2015-2017................................. 23
2016-2018................................. 23
2017-2019................................. 23
2018-2020................................. 22
2019-2021................................. 22
2020-2022................................. 21
2021-2023................................. 27
2022-2024................................. 23
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[[Page 6565]]
Table 3--PM2.5 Design Values in the NYMA Since Redesignation to Attainment in [micro]g/m\3\
[2012 to 2024]
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2012- 2013- 2014- 2015- 2016- 2017- 2018- 2019- 2020- 2021- 2022-
PM2.5 monitoring site AQS ID 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
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IS 52............................................................. 360050110 INC 23 19 19 17 18 19 20 19 20 19
Pfizer Lab Site................................................... 360050133 26 26 24 21 20 20 INC INC INC 21 20
JHS 126........................................................... 360470122 22 23 21 20 17 18 INC INC INC 20 19
JHS 45............................................................ 360610079 22 24 23 20 18 18 INC INC INC 22 21
PS 19............................................................. 360610128 26 26 24 23 23 INC INC INC ND INC INC
Division Street................................................... 360610134 23 24 22 21 19 20 INC INC INC ND ND
Newburgh.......................................................... 360710002 20 20 17 16 14 15 INC INC INC 20 19
Queens College 2.................................................. 360810124 22 22 19 19 18 18 18 18 18 22 22
Port Richmond..................................................... 360850055 INC INC INC 19 18 19 INC INC INC 27 23
Babylon........................................................... 361030002 20 21 19 17 15 16 INC INC INC 19 17
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INC = Incomplete data (less than 75% data completeness based on the monitor's operating schedule and monitoring frequency). ND = No data available.
[[Page 6566]]
The EPA proposes to find that the NYMA meets the critical design
value (CDV) demonstration for an LMP. As noted below, the parameters of
the CDV calculation include the level of the relevant NAAQS, the co-
efficient of variation of recent design values, and a statistical
parameter corresponding to a ten-percent probability of future
violation. The CDV demonstration is designed such that if a site's ADV
is lower than the site's CDV, the probability of a future violation of
the NAAQS is less than ten percent.\12\ Section 2B of NYSDEC's LMP
submission demonstrates the likelihood of continued attainment. EPA
reviewed the data and methodology provided by the State and finds that
each monitor's five-year ADV is well below the corresponding site-
specific CDV. EPA's analysis is shown below in table 4.
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\12\ See the ``Guidance on the Limited Maintenance Plan Option
for Moderate PM<INF>2.5</INF> Nonattainment Areas and
PM<INF>2.5</INF> Maintenance Areas'' at page 7, ``Example Site
Calculation,'' found in the docket for this rulemaking.
\13\ The spreadsheet for our CDV and ADV calculations can be
found in the docket for this rulemaking.
Table 4--Results of Calculation of CDV's at the NYMA Monitors for the 24-Hour PM2.5 NAAQS \13\
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ADV [mu]g/m\3\
Site AQS ID CDV [mu]g/m\3\ (2012-2024) Qualify for LMP?
(2012-2024) \a\
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IS 52............................ 360050110 33.5 19.4 Yes.
Pfizer Lab Site.................. 360050133 29.5 22.2 Yes.
JHS 126.......................... 360470122 29.5 19.8 Yes.
IS 45............................ 360610079 29.0 20.6 Yes.
PS 19............................ 360610128 32.0 24.4 Yes.
Division Street.................. 360610134 30.7 21.2 Yes.
Newburgh......................... 360710002 28.8 16.4 Yes.
Queens College 2................. 360810124 29.9 19.6 Yes.
Richmond Post Office............. 360850055 33.1 \b\ 18.7 Yes.
Babylon.......................... 361030002 28.9 17.6 Yes.
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\a\ The design values averaged for the ADV span seven consecutive years of data between 2012-2024.
\b\ Only three years of design values (five years of data) were used for the Richmond Post Office monitor due to
invalid data.
We propose to find that NYSDEC's submittal satisfies the
transportation conformity regulation at 40 CFR 93.109(e). NYSDEC also
analyzes the demonstration under 40 CFR 93.109(e) within its submittal
in section II, Part F. This transportation conformity regulation
requires that an LMP demonstrate that it would be unreasonable to
expect that a maintenance area would experience sufficient motor
vehicle emissions growth for a NAAQS violation to occur (40 CFR
93.109(e)).
NYSDEC conducted an analysis of vehicle miles travelled (VMT) from
2022-2034 for the NYMA using linear annual growth rate inputs provided
by the New York State Department of Transportation (NYSDOT) that were
then entered into the MOVES3 \14\ version of EPA's motor vehicle
emissions model. NYSDOT is part of the Metropolitan Planning
Organization (MPO) with NYC, Long Island and lower Hudson Valley
referred to as the New York Metropolitan Transportation Council. In
consultation with NYSDOT, NYSDEC also provided county-level VMT yearly
growth rates, which are all below 1.5%, indicating only slight
increases in vehicle travel across the area.
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\14\ MOVES3 EPA, or Motor Vehicle Emission Simulator 3, is the
latest version of the EPA's emissions modeling system used to
estimate emissions from mobile sources.
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In the October 2022 ``Guidance on the Limited Maintenance Plan
Option for Moderate PM<INF>2.5</INF> Nonattainment Areas and
PM<INF>2.5</INF> Maintenance Areas,'' EPA clarifies that an area
submitting the second ten-year maintenance plan may be eligible for the
LMP option if monitored air quality data, and its historical and
projected VMT, support the LMP option. Given that the air quality data
demonstrates that the NYMA has been maintaining the 2006
PM<INF>2.5</INF> NAAQS for at least ten years, the current
PM<INF>2.5</INF> design values in the area, and the State's analysis of
projected VMT discussed above, we propose to find that NYSDEC's LMP
submittal for the NYMA 2006 PM<INF>2.5</INF> maintenance area meets the
qualification criteria for an LMP, consistent with 40 CFR 93.109(e) and
the October 2022 PM<INF>2.5</INF> LMP Guidance. Furthermore, the design
values from the individual monitoring sites within the maintenance
areas demonstrate the stability of ambient PM<INF>2.5</INF>
concentrations over time.
The following is a summary of EPA's interpretation of the CAA
section 175A requirements and EPA's evaluation of how each requirement
is met. Under the LMP option, the state will be expected to determine
annually that the criteria are still being met. If the state determines
that the LMP criteria are not being met, it should take action to
reduce PM<INF>2.5</INF> concentrations enough to requalify. One
possible approach the state could take is to implement the contingency
measures contained in its first maintenance plan (79 FR 21857, April
18, 2014), to which it will continue to adhere for the second
maintenance period (see section 2E within the September 2024 state
submittal). If the attempt to reduce PM<INF>2.5</INF> concentrations
fails, or if it succeeds, but in future years it becomes necessary
again to address increasing PM<INF>2.5</INF> concentrations in an area,
the area will no longer qualify for the LMP option.
B. Attainment Inventory
As noted above, states that qualify for an LMP must still meet the
other elements of a maintenance plan, as articulated in the Calcagni
Memo. This includes an attainment year emissions inventory. NYSDEC's
NYMA PM<INF>2.5</INF> submission includes an emissions inventory with
data for the base year of 2007, followed by 2008, 2011, 2014, 2017, and
2020. The 2017 inventory was prepared as part of the 2017 National
Emissions Inventory 9, Version 2, under EPA's Air Emissions Reporting
Rule (73 FR 76539, December 17, 2008). The 2017 periodic emission
inventory represents the most recent emissions inventory data available
when the state prepared the submission. The 2017 periodic emission
inventory is also representative of the level of emissions during a
period in which the area shows monitored attainment of the NAAQS and is
consistent with the data used to determine applicability of the LMP
option (i.e., having no violations of the
[[Page 6567]]
NAAQS during the five-year period used to calculate the design value).
Table 5 shows the total 2017 emissions in the NYMA in tons per year in
the state's submission.
Table 5--2017 Emissions (Tons/Year) in the NYMA
------------------------------------------------------------------------
Total
Pollutant emissions
------------------------------------------------------------------------
NH3......................................................... 4,158
NOX......................................................... 120,684
PM2.5 (including road dust)................................. 22,195
Road Dust................................................... 3,984
SO2......................................................... 5,657
VOC......................................................... 163,311
------------------------------------------------------------------------
C. Air Quality Monitoring Network
Once an area is redesignated, the state must continue to operate an
appropriate air monitoring network in accordance with 40 CFR part 58 to
verify the attainment status of the area. NYSDEC continues to operate a
PM<INF>2.5</INF> monitoring network sited and maintained in accordance
with federal siting and design criteria in 40 CFR part 58, and in
consultation with EPA Region 2. NYSDEC submitted its 2023 Annual
Monitoring Network plan \15\ on June 16, 2023, which EPA approved on
January 3, 2024.\16\ In the LMP submittal, NYSDEC commits to continued
operation of its PM<INF>2.5</INF> monitors within the NYMA, consistent
with the EPA-approved NYSDEC annual network plan. Currently, there are
ten monitoring sites that produce data comparable to the
PM<INF>2.5</INF> NAAQS in the NYMA area.
---------------------------------------------------------------------------
\15\ See NYSDEC's 2023 Annual Air Monitoring Network Plan, found
in the docket for this proposed rulemaking.
\16\ See EPA's Approval Letter for NYSDEC's 2023 Annual
Monitoring Network Plan, found in the docket for this proposed
rulemaking.
---------------------------------------------------------------------------
D. Verification of Continued Attainment
The 2006 24-hour PM<INF>2.5</INF> NAAQS is 35 [mu]g/m\3\ (40 CFR
50.13). The NAAQS is attained when the three-year average of the 98th
percentile of PM<INF>2.5</INF> concentrations is equal to or less than
the NAAQS, which NYSDEC has proven in its LMP submittal. As stated
previously, NYSDEC commits to verifying continued attainment of the
PM<INF>2.5</INF> standards through the maintenance plan period with the
operation of an appropriate PM<INF>2.5</INF> monitoring network.
Certified air quality data from 2023, as shown in table 3, confirms
continued attainment of the standard.\17\
---------------------------------------------------------------------------
\17\ See <a href="https://www.epa.gov/air-trends/air-quality-design-values">https://www.epa.gov/air-trends/air-quality-design-values</a>.
---------------------------------------------------------------------------
E. Contingency Provisions
CAA section 175A(d) states that a maintenance plan must include
contingency provisions, as necessary, to ensure prompt correction of
any violation of the relevant NAAQS which may occur after redesignation
of the area to attainment. As explained in the Calcagni memo, these
contingency provisions are an enforceable part of the federally
approved SIP. The maintenance plan should clearly identify the events
that would trigger the adoption and implementation of a contingency
provision, the contingency provision(s) that would be adopted and
implemented, and the schedule indicating the timeframe by which the
state would adopt and implement the provision(s). The Calcagni memo
states that EPA will determine the adequacy of a contingency plan on a
case-by-case basis. At a minimum, the plan must require that the state
implement all measures contained in the CAA Part D nonattainment plan
for the area prior to redesignation.
NYSDEC will continue to adhere to the contingency plan it submitted
with its first maintenance plan, which includes the required
contingency provisions to ensure the State will promptly correct any
violation of the 2006 p.m.2.5 NAAQS in the area, see 79 FR 8133,
February 11, 2014. According to the State's submittal, if an NYMA
maintenance area monitor shows a 98th percentile 24-hour concentration
exceeding 35.5 [mu]g/m\3\ in any given year, NYSDEC will conduct an
analysis to determine the cause of the exceedance, evaluate whether the
exceedance is likely to continue, and implement necessary control
measures. If any NYMA monitors show exceedances for two consecutive
years, then NYSDEC will determine additional control measures and
implement emissions reduction controls by regulation. EPA proposes to
find that the contingency provisions in the current proposed rule for
the PM<INF>2.5</INF> LMP for the NYMA meet the requirements of section
175A(d) of the CAA.
IV. EPA's Proposed Action
EPA is proposing to approve the second ten-year PM<INF>2.5</INF>
LMP for the NYMA submitted by NYSDEC on October 15, 2024. EPA's review
of the air quality data and VMT trends for the maintenance area
indicates that it would be unreasonable to expect that the area will
experience growth in motor vehicle emissions sufficient to cause a
violation of the 2006 24-hour PM<INF>2.5</INF> NAAQS over the second
maintenance period. The area meets all the LMP qualifying criteria as
described in this action. If finalized, EPA's approval of this LMP will
satisfy the CAA section 175A requirements for the second ten-year
maintenance period.
As discussed previously, EPA determined that the LMP is adequate
for transportation conformity purposes. See 90 FR 42762, September 4,
2025. EPA completed this determination through a separate process
provided for in the transportation conformity regulations. See 40 CFR
93.118(f).
V. 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, the 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 proposed 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.
[[Page 6568]]
In addition, the SIP 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Michael Martucci,
Regional Administrator, Region 2.
[FR Doc. 2026-02810 Filed 2-11-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.