[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49249-49252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18983]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2020-0613; FRL-8928-02-R2]


Approval and Promulgation of Implementation Plans; New Jersey and 
New York; 1997 Ozone Attainment Demonstrations for the NY-NJ-CT 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the ozone attainment portions of the State Implementation 
Plan (SIP) submitted by the states of New Jersey and New York to meet 
the Clean Air Act (CAA) requirements for attaining the 1997 8-hour 
ozone national ambient air quality standard (NAAQS). Specifically, the 
EPA is approving New Jersey's and New York's demonstrations of 
attainment of the 1997 8-hour ozone NAAQS for their portions of the New 
York-Northern New Jersey-Long Island NY-NJ-CT Moderate 1997 8-hour 
ozone nonattainment area (hereafter, the NY-NJ-CT area or the NY-NJ-CT 
nonattainment area). This action is being taken under the Clean Air 
Act.

DATES: This final rule is effective on October 4, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2020-0613. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are

[[Page 49250]]

available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Omar Hammad, Air Planning Section, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3347.

SUPPLEMENTARY INFORMATION: The Supplementary Information section is 
arranged as follows:

Table of Contents

I. Background and Purpose
II. Summary of Action and Comments Received
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 21, 2021 (86 FR 32363) and June 24, 2021 (86 FR 33154) \1\ 
the Environmental Protection Agency (EPA) published a Notice of 
Proposed Rulemaking (NPRM) for New Jersey and New York. In that 
proposed rulemaking action, the EPA proposed to approve a portion of 
New Jersey's and New York's SIP revision submitted on January 2, 2018 
and November 13, 2017 respectively, for attainment of the 1997 84 parts 
per billion (ppb) 8-hour ozone National Ambient Air Quality Standards 
(NAAQS). New Jersey and New York previously submitted attainment 
demonstrations for the 1997 84 ppb 8-hour ozone standard which were 
approved by the EPA. 78 FR 9596 (February 11, 2013). On June 18, 2012, 
the EPA issued a Clean Data Determination (CDD) for the 1997 84 ppb 8-
hour ozone standard for the NY-NJ-CT area based on the attainment 
demonstrations submitted by the two States. 77 FR 36163 (March 26, 
2012). However, on May 4, 2016, EPA rescinded the CDD since the EPA 
determined that areas within the NY-NJ-CT area exceeded the 1997 84 ppb 
standard based on 2010-2012 monitoring data. 81 FR 26697 (May 4, 2016). 
The EPA simultaneously issued a SIP Call for the affected states within 
the nonattainment area to address the 1997 84 ppb 8-hour ozone 
standard. The SIP revisions submitted by New Jersey and New York 
address the attainment demonstration requirements of the May 4, 2016 
SIP Call. The EPA's review of this material indicates that ambient air 
quality monitors within the NY-NJ-CT area are attaining the 1997 ozone 
NAAQS.
---------------------------------------------------------------------------

    \1\ The proposed rule was published twice due to a clerical 
error.
---------------------------------------------------------------------------

II. Summary of Action and Comments Received

    As discussed in the proposed rule at 86 FR 32363, June 21, 2021, 
and at 86 FR 33154, June 24, 2021, the EPA reviewed the photochemical 
grid modeling used by New Jersey and New York in their SIP submittal to 
demonstrate attainment of the 1997 ozone NAAQS and determined that the 
modeling meets the EPA's guidelines and is acceptable to the EPA. Air 
quality monitoring data for 2014-2016 and certified data for 2017, 2018 
and 2019 in the NY-NJ-CT area and the subsequent design values for 
2015-2017, 2016-2018 and 2017-2019 also demonstrate attainment of the 
1997 8-hour ozone standard throughout the NY-NJ-CT area. The purpose of 
the attainment demonstration is to demonstrate how, through enforceable 
and approvable emission reductions, an area will meet the standard by 
the attainment date. All necessary ozone control measures have already 
been adopted, submitted, approved and implemented. Also discussed in 
further detail in the proposed rulemaking and based on: (1) The States 
following the EPA's modeling guidance, (2) the modeled attainment of 
1997 standard, (3) the air quality monitoring data for 2014-2016, 2015-
2017, 2016-2018, 2017-2019, and (4) the implemented SIP-approved 
control measures, the EPA is approving the New Jersey and New York 
attainment demonstrations for the 1997 ozone NAAQS for their portions 
of the NY-NJ-CT area.
    Other specific requirements of an attainment demonstration and the 
rationale for the EPA's proposed action is explained in more detail in 
the NPRM. The EPA did not receive any comments during the comment 
period.

III. Final Action

    The EPA is approving the attainment demonstration for the New 
Jersey and New York portions of the NY-NJ-CT nonattainment area for the 
1997 ozone NAAQS. This rulemaking addresses the EPA's obligations to 
act on New Jersey's January 2, 2018 and New York's November 13, 2017 
SIP revision for the 1997 ozone NAAQS.

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:
     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) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rulemaking action, pertaining to New York's and 
New Jersey's 1997 8-hour ozone attainment demonstration submissions is 
not approved to apply on any Indian reservation land or in any other 
area where the EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction. In those areas of Indian country, the rule does not have 
tribal implications and will not impose substantial direct costs on 
tribal governments or preempt tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides

[[Page 49251]]

that before a rule may take effect, the agency promulgating the rule 
must submit a rule report, which includes a copy of the rule, to each 
House of the Congress and to the Comptroller General of the United 
States. EPA will submit a report containing this action and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 1, 2021. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen Dioxide, Intergovernmental Relations, Ozone, 
Reporting and recordkeeping requirements, Particulate matter, Volatile 
Organic Compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 27, 2021.
Walter Mugdan,
Acting Regional Administrator, Region 2

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart FF--New Jersey

0
2. In Sec.  52.1570 the table in paragraph (e) is amended by adding the 
entry for ``1997 8-hour Ozone--Attainment Demonstration'' at the end of 
the table to read as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (e) * * *

                      EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
           SIP element                geographic or       New Jersey     EPA approval date       Explanation
                                    nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 8-hour Ozone--Attainment      New Jersey portion         1/2/2018  9/2/2021, [Insert     Full
 Demonstration.                     of the New York-                     Federal Register     approval.
                                    Northern New                         page citation].      This
                                    Jersey-Long                                               action addresses
                                    Island, NY-NJ-CT 8-                                       the attainment
                                    hour ozone                                                demonstration
                                    moderate                                                  requirements of
                                    nonattainment area.                                       the May 4, 2016
                                                                                              SIP Call (81 FR
                                                                                              26697).
----------------------------------------------------------------------------------------------------------------


0
3. Sec.  52.1582 is amended by adding paragraph (r) to read as follows:


Sec.  52.1582  Control strategy and regulations: Ozone.

* * * * *
    (r) The 1997 8-hour ozone attainment demonstration for the New 
Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-
CT nonattainment area included in New Jersey's January 2, 2018 State 
Implementation Plan revision is approved and satisfies the requirements 
of section 182 of the Clean Air Act.

Subpart HH--New York

0
4. In Sec.  52.1670 the table in paragraph (e) is amended by adding the 
following entry ``1997 8-hour Ozone--Attainment Demonstration'' 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
----------------------------------------------------------------------------------------------------------------
                                        Applicable
        Action/SIP element            geographic or        New York      EPA approval date       Explanation
                                    nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 8-hour Ozone--Attainment      New York portion of      11/13/2017  9/2/2021, [Insert     Full
 Demonstration.                     the New York-                        Federal Register     approval.
                                    Northern New                         page citation].      This
                                    Jersey-Long                                               action addresses
                                    Island, NY-NJ-CT 8-                                       the attainment
                                    hour ozone                                                demonstration
                                    moderate                                                  requirements of
                                    nonattainment area.                                       the May 4, 2016
                                                                                              SIP Call (81 FR
                                                                                              26697).
----------------------------------------------------------------------------------------------------------------


0
5. Sec.  52.1683 is amended by adding new paragraph (t) to read as 
follows:


Sec.  52.1683  Control strategy: Ozone.

* * * * *
    (t) The 1997 8-hour ozone attainment demonstration for the New York 
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
nonattainment area included in New York's November 13, 2017 State 
Implementation Plan revision is approved and satisfies the

[[Page 49252]]

requirements of section 182 of the Clean Air Act.

[FR Doc. 2021-18983 Filed 9-1-21; 8:45 am]
BILLING CODE 6560-50-P


