Rule2026-11732
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
June 11, 2026
Effective
July 13, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submitted by the State of New York for the purpose of fulfilling the requirement for a limited maintenance plan (LMP) for the 2006 fine particulate matter (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>. This action is being taken in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 91 Issue 112 (Thursday, June 11, 2026)</title>
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[Federal Register Volume 91, Number 112 (Thursday, June 11, 2026)]
[Rules and Regulations]
[Pages 35416-35418]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11732]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2025-0256, FRL-12788-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) submitted by the State of New York for the
purpose of fulfilling the requirement for a limited maintenance plan
(LMP) for the 2006 fine particulate matter (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
[[Page 35417]]
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>.
This action is being taken in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on July 13, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2025-0256. 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: Blythe Reder; Air Programs Branch;
Environmental Protection Agency; 290 Broadway, New York, New York
10007-1866; telephone number: (212) 637-3678; email address:
<a href="/cdn-cgi/l/email-protection#81f3e4e5e4f3afe3edf8f5e9e4c1e4f1e0afe6eef7"><span class="__cf_email__" data-cfemail="1a687f7e7f68347876636e727f5a7f6a7b347d756c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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?
Hereafter, the 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 the 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)
which was then supplemented on April 14, 2005 (70 FR 19844) 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
nonattainment area to attainment for 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)
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, 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),
because a second ten-year maintenance plan is not required for the now-
revoked 1997 annual PM<INF>2.5</INF> standard.
On February 12, 2026 (91 FR 6561), the EPA published a notice of
proposed rulemaking to approve a SIP revision submitted by the State of
New York on October 15, 2024 for the purpose of fulfilling 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>. New York's October 15, 2024,
SIP submittal consisted of PM<INF>2.5</INF> emissions data for the New
York portion of the NY-NJ-CT 2006 PM<INF>2.5</INF> NAAQS maintenance
area.
Within EPA's proposed action, PM<INF>2.5</INF> historic design
values for each monitoring site within the NYMA were analyzed for 2012-
2024. The EPA found that the NYMA meets the critical design value (CDV)
demonstration for an LMP. Additionally, EPA reviewed transportation
conformity, attainment inventory, and the air quality monitoring
network. The EPA found that NYSDEC's submittal satisfies the
transportation conformity regulation in 40 CFR 93.109(e) and contains
the necessary emissions inventory. NYSDEC also 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. Finally, NYSDEC continues to adhere to
the contingency plan it submitted with its first maintenance plan,
which includes the required contingency provisions to ensure that New
York State will promptly correct any violation of the 2006
PM<INF>2.5</INF> NAAQS in the area (79 FR 8133, February 11, 2014).
All these steps were taken to ensure that this LMP satisfies the
CAA section 175A requirements for the second ten-year maintenance
period. 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 EPA's February 12,
2026, proposed rulemaking (91 FR 6561).
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
February 12, 2026 proposed rule (91 FR 6561). The comment period ended
on March 16, 2026. We received no comments on the EPA's action.
Therefore, no changes have been made to the proposed action.
III. What action is the EPA taking?
The EPA is approving the New York Metropolitan Area Second Ten-Year
Limited Maintenance Plan for the 2006 24-Hour PM<INF>2.5</INF>
Standard, dated February 12, 2026 (91 FR 6561), for the purposes of
satisfying 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 10-year period for PM<INF>2.5</INF>.
EPA's review of the air quality data for the maintenance area
indicates that the State continues to show attainment well below the
level of the 2006 PM<INF>2.5</INF> NAAQS and that NYSDEC's LMP meets
all the LMP qualifying criteria set forth in the ``Guidance on Limited
Maintenance Plan Option for Moderate PM<INF>2.5</INF> Nonattainment
Areas and PM<INF>2.5</INF> Maintenance Areas.'' \1\ EPA's approval of
this LMP will satisfy the CAA section 175A requirements for the second
10-year period for the New York Metropolitan maintenance area. EPA also
finds the LMP to be adequate as it pertains to transportation
conformity requirements.
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\1\ 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 rule.
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[[Page 35418]]
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 an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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 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).
This action is subject to the Congressional Review Act, 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 August 10, 2026. 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 CAA section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
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. Amend Sec. 52.1670, in the table in paragraph (e), by adding the
entry ``New York Metropolitan Area Ten-Year Limited Maintenance Plan
for the 2006 24-Hour PM<INF>2.5</INF> Standard'' 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 New York
Action/SIP element geographic or submittal EPA approval date Explanation
nonattainment area date
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* * * * * * *
New York Metropolitan Area Ten- New York portion 10/15/2024 6/11/2026, 91 FR <bullet> Full Approval.
Year Maintenance Plan for the of the New York- [INSERT FEDERAL
2006 24-Hour PM2.5 Standard. Northern New REGISTER PAGE
Jersey-Long WHERE THE
Island (NY-NJ-CT) DOCUMENT BEGINS].
2006 PM2.5 NAAQS
maintenance area.
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0
3. Section 52.1678 is amended by adding paragraph (k) to read as
follows:
Sec. 52.1678 Control strategy and regulations: Particulate matter.
* * * * *
(k) Approval--The maintenance plan submitted on October 15, 2024
for the 2006 PM<INF>2.5</INF> National Ambient Air Quality Standard for
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT, PM<INF>2.5</INF> nonattainment area has been approved.
[FR Doc. 2026-11732 Filed 6-10-26; 8:45 am]
BILLING CODE 6560-50-P
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