
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77208-77211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24616]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0648, FRL-11358-02-R2]


Approval and Promulgation of Implementation Plans; New York; 
Elements of the 2008 and 2015 Ozone National Air Quality Standards

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) revision submitted by the State of New York 
for purposes of certifying and meeting the requirements for Reasonably 
Available Control Technology (RACT) for the Serious classification of 
the 2008 and Moderate classification of the 2015 8-hour Ozone National 
Ambient Air Quality Standards (NAAQS). The EPA is also approving that 
this SIP revision fulfills SIP requirements pertaining to the Ozone 
Transport Region (OTR) for the 2015 Ozone NAAQS. The EPA is approving 
the demonstration portion of the comprehensive SIP revision submitted 
by New York that certifies that the State has satisfied the 
requirements for an Ozone nonattainment new source review program, 
certifies that the State has satisfied the requirements for a 
nonattainment emission inventory, and certifies that the State has 
satisfied the requirements for clean fuels for fleets. In addition, the 
EPA is approving New York's reasonable further progress plans and motor 
vehicle emissions budgets for both the Moderate and Serious 
classifications of the 2008 ozone NAAQS. These actions are being taken 
in accordance with the requirements of the Clean Air Act.

DATES: This final rule is effective on December 11, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2022-0648. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., Controlled 
Unclassified Information (CUI) (formally 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 https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental 
Protection Agency, 290 Broadway, New York, New York 10007-1866, at 
(212) 637-3378, or by email at [email protected].

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 August 25, 2023 (88 FR 58202), the EPA proposed to approve a SIP 
revision submitted by the State of New York on January 29, 2021, for 
purposes of meeting the requirement for Reasonably Available Control 
Technology (RACT) \1\ for the 2008 8-hour Ozone NAAQS in New York's 
portion of the New York-Northern New Jersey-Long Island (NJ-NJ-CT) 
nonattainment area (also referred to as the New York Metro Area or 
NYMA) for the Serious classification. The EPA also proposed to approve 
that same submittal for meeting New York's RACT requirements for the 
2015 8-hour Ozone NAAQS in the NYMA and for meeting the State's 
requirements for statewide RACT for the 2015 8-hour Ozone NAAQS within 
the Ozone Transport Region (OTR). The State's January 2021 SIP 
submittal consists of a RACT certification demonstration that New York 
continues to meet the RACT requirements for the two precursors for 
ground-level ozone, i.e., oxides of nitrogen (NOX) and 
volatile organic compounds (VOCs), set forth by the Clean Air Act (CAA 
or Act) with respect to the 2008 and 2015 8-hour ozone standard. 
Therefore, the EPA proposed to approve New York's January 2021 RACT SIP 
submittal as it applies to non-control technique guideline (non-CTG) 
major sources of VOCs, CTG sources of VOCs and to major sources of 
NOX.
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    \1\ The EPA has defined RACT as the lowest emission limitation 
that a particular source is capable of meeting by the application of 
control technology that is reasonably available considering 
technological and economic feasibility (44 FR 53762, September 17, 
1979).
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    In the August 25, 2023, notice of proposed rulemaking, the EPA also 
proposed to approve portions of a comprehensive SIP revision submitted 
by the State of New York on November 29, 2021, certifying that the 
State has satisfied the requirements for: (1) An Ozone nonattainment 
new source review (NNSR) program which applies to NOX and 
VOC emissions from stationary sources; (2) a nonattainment emission 
inventory; and (3) clean fuels for fleets. The EPA also proposed to 
approve New York's reasonable further progress plans and motor vehicle 
emission budgets (transportation conformity budgets or Budgets) for the 
Serious classifications of the 2008 Ozone NAAQS in the NYMA. In the 
August 25, 2023, notice of proposed rulemaking, the EPA also proposed 
to approve New York's reasonable further progress and transportation 
conformity budgets for the Moderate classification of the 2008 Ozone 
NAAQS in the NYMA, which was submitted by the State on November 13, 
2017.
    In New York's January 29, 2021, RACT submittal for the Serious 
classification of the 2008 Ozone standard, Moderate classification for 
the 2015 Ozone Standard, and OTR requirements related to the 2015 ozone 
NAAQS, New York recertified that its previously approved negative 
declaration for various CTGs remain valid. New York certified that 
there are no sources located in the State for the following six CTGs: 
Manufacture of Vegetable Oils; Manufacture of High-Density 
Polyethylene, Polypropylene and Polystyrene Resins; Natural Gas/
Gasoline Processing Plants; Air Oxidation Processes in Synthetic 
Organic Chemical Manufacturing Industry; Fiberglass Boat Manufacturing 
Materials; Agricultural Pesticides. In the August 25, 2023, notice of 
proposed rulemaking, the EPA proposed that the State's negative 
declaration for the six CTGs listed above remain valid and satisfies 
the requirements for the 2008 Ozone NAAQS Serious classification, the 
2015 Ozone Standard Moderate classification and requirements associated 
with the OTR for the 2015 Ozone NAAQS. Therefore, within this action 
the EPA is certifying that the previously approved State's negative 
declaration remains valid for these six CTGs for the 2008 Ozone NAAQS 
Serious classification, the 2015 Ozone Standard Moderate classification 
and the requirements associated with the OTR for the 2015 Ozone NAAQS. 
See 82

[[Page 77209]]

FR 58342 (December 12, 2017); 40 CFR 52.1683(a) and (b).
    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 August 25, 2023, 
proposed rulemaking (88 FR 58202).

II. What comments were received in response to the EPA's proposed 
action?

    In response to EPA's August 25, 2023, proposed rulemaking on New 
York's SIP revisions, the EPA received only one comment during the 30-
day public comment period. The specific comment may be viewed under 
Docket ID Number EPA-R02-OAR-2022-0648 on the https://regulations.gov 
website.
    Comment: A private citizen commenter living in the New York 
Metropolitan Area supports the EPA's proposed approval of New York's 
SIP revision because ``. . . approving this SIP would help push the 
State of New York, especially the Metropolitan Area to closer meet the 
8-hour Ozone NAAQS . . .'' and that ``. . . these new revisions all 
overall help the betterment of the air quality in New York by providing 
[the State] the programming and provisions needed to improve their air 
quality and public health.''
    Response: The EPA acknowledges the commenter's support of the EPA's 
proposed rule.
    This concludes our response to the comments received. No changes 
have been made to the proposed rule as a result of the comments 
received.

III. What action is the EPA taking?

    The EPA is approving New York's RACT certification submittal dated 
January 29, 2021, for purposes of meeting the requirements for RACT for 
the 2008 8-hour Ozone National Ambient Air Quality Standard (NAAQS or 
standard) in New York's portion of the NY-NJ-CT nonattainment area for 
the Serious classification. The EPA is also approving that this RACT 
certification submittal also satisfies New York's requirement for RACT 
for the 2015 8-hour Ozone NAAQS in the NYMA and the requirements for 
RACT for the 2015 8-hour Ozone NAAQS throughout the State of New York's 
commitment to meet RACT within the OTR.
    The EPA is also approving portions of a comprehensive SIP revision 
submitted by New York on November 29, 2021, which includes: (1) The 
reasonable further progress plan and transportation conformity budgets 
for the 2008 8-hour Ozone Serious classification of the NYMA; (2) an 
Ozone nonattainment new source review (NNSR) program which applies 
state-wide for emissions to NOX and VOC emissions from 
stationary sources; (3) an nonattainment emission inventory; and (4) 
clean fuels for fleets.
    In addition, the EPA is also approving a portion of a comprehensive 
SIP revisions submitted by New York on November 13, 2017, which include 
New York's reasonable further progress plan and transportation 
conformity budgets for the 2008 8-hour Ozone Moderate classification of 
the NYMA.

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 
2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     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 Clean Air Act.
    In addition, this final rulemaking action, pertaining to New York's 
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).
    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.''
    The New York State Department of Environmental Conservation 
(NYSDEC) did not evaluate environmental justice considerations as part 
of its SIP submittal; 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.


[[Page 77210]]


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

Lisa Garcia,
Regional Administrator, Region 2.

    For the reasons set forth in the preamble, 40 CFR part 52 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 HH--New York

0
2. In Sec.  52.1670(e), in the table, add entries for ``2008 8-hour 
Ozone Reasonable Further Progress Plan (RFP) for milestone year 2017; 
2017 motor vehicle emission budgets used for planning purposes'', 
``2008 8-hour Ozone Reasonable Further Progress Plan (RFP) for 
milestone year 2020; 2020 motor vehicle emission budgets used for 
planning purposes'', ``2008 8-hour Ozone Serious RACT Analysis and 
Certification'', ``2015 8-hour Ozone RACT Analysis and Certification'', 
``2008 8-hour Ozone Serious Nonattainment New Source Review 
Requirements Certification'', ``2008 8-hour Ozone Serious nonattainment 
emission inventory'', and ``2008 8-hour Ozone Clean Fuel for Fleets'' 
to 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 geographic     New York
      Action/SIP element         or nonattainment area  submittal date  EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 8-hour Ozone Reasonable    New York portion of         11/13/2017  11/9/2023,          Full
 Further Progress Plan (RFP)     the New York-Northern                   [insert Federal    approval.
 for milestone year 2017; 2017   New Jersey-Long                         Register
 motor vehicle emission          Island NY-NJ-CT 8-                      citation].
 budgets used for planning       hour ozone
 purposes.                       nonattainment area.
2008 8-hour Ozone Reasonable    New York portion of         11/29/2021  11/9/2023,          Full
 Further Progress Plan (RFP)     the New York-Northern                   [insert Federal    approval.
 for milestone year 2020; 2020   New Jersey-Long                         Register
 motor vehicle emission          Island NY-NJ-CT 8-                      citation].
 budgets used for planning       hour ozone
 purposes.                       nonattainment area.
2008 8-hour Ozone Serious RACT  New York portion of         01/29/2021  11/9/2023,          Full
 Analysis and Certification.     the New York-Northern                   [insert Federal    approval.
                                 New Jersey-Long                         Register           Certifies
                                 Island NY-NJ-CT 8-                      citation].         New York has met the
                                 hour ozone                                                 RACT requirements as
                                 nonattainment area.                                        it applies to non-
                                                                                            CTG major sources of
                                                                                            VOCs, all CTG
                                                                                            sources of VOCs, and
                                                                                            to major sources of
                                                                                            NOX for the Serious
                                                                                            2008 8-hour Ozone
                                                                                            New York portion of
                                                                                            the New York-
                                                                                            Northern New Jersey-
                                                                                            Long Island NY-NJ-CT
                                                                                            8-hour ozone
                                                                                            nonattainment area.
2015 8-hour Ozone RACT          Statewide and to the        01/29/2021  11/9/2023,          Full
 Analysis and Certification.     New York portion of                     [insert Federal    approval.
                                 the New York-Northern                   Register           Certifies
                                 New Jersey-Long                         citation].         New York has met the
                                 Island NY-NJ-CT 8-                                         RACT requirements as
                                 hour ozone                                                 it applies to non-
                                 nonattainment area.                                        CTG major sources of
                                                                                            VOCs, all CTG
                                                                                            sources of VOCs, and
                                                                                            to major sources of
                                                                                            NOX for the Moderate
                                                                                            2015 8-hour Ozone
                                                                                            New York portion of
                                                                                            the New York-
                                                                                            Northern New Jersey-
                                                                                            Long Island NY-NJ-CT
                                                                                            8-hour ozone
                                                                                            nonattainment area.
                                                                                            Certifies
                                                                                            New York's
                                                                                            commitment to meet
                                                                                            RACT statewide
                                                                                            within the Ozone
                                                                                            Transport Region
                                                                                            (OTR) for the 2015
                                                                                            Ozone NAAQS.
2008 8-hour Ozone Serious       New York portion of         11/29/2021  11/9/2023,          Full
 Nonattainment New Source        the New York-Northern                   [insert Federal    approval.
 Review Requirements             New Jersey-Long                         Register
 Certification.                  Island NY-NJ-CT 8-                      citation].
                                 hour ozone
                                 nonattainment area.
2008 8-hour Ozone Serious       New York portion of         11/29/2021  11/9/2023,          Full
 nonattainment emission          the New York-Northern                   [insert Federal    approval.
 inventory.                      New Jersey-Long                         Register
                                 Island NY-NJ-CT 8-                      citation].
                                 hour ozone
                                 nonattainment area.
2008 8-hour Ozone Clean Fuel    New York portion of         11/29/2021  11/9/2023,          Full
 for Fleets.                     the New York-Northern                   [insert Federal    approval.
                                 New Jersey-Long                         Register
                                 Island NY-NJ-CT 8-                      citation].
                                 hour ozone
                                 nonattainment area.
----------------------------------------------------------------------------------------------------------------


[[Page 77211]]


0
3. In Sec. 52.1683:
0
a. Remove the headings from paragraphs (f), (n), and (v); and
0
b. Add paragraph (w).
    The addition reads as follows:


Sec.  52.1683  Control strategy: Ozone.

* * * * *
    (w)(1) The January 29, 2021, New York Reasonably Available Control 
Technology (RACT) analysis plan, submitted pursuant to the 2008 8-hour 
ozone national ambient air quality standard (NAAQS) Serious 
classification, which applies to the New York portion of the New York-
Northern New Jersey-Long Island (NY-NJ-CT) nonattainment area is 
approved as it continues to meet the RACT requirements for the two 
precursors for ground-level ozone, i.e., oxides of nitrogen 
(NOX) and volatile organic compounds (VOCs), set forth by 
the Clean Air Act (CAA or Act) with respect to the 2008 8-hour ozone 
standard.
    (2) The January 29, 2021, New York Reasonably Available Control 
Technology (RACT) analysis plan, submitted pursuant to the 2015 8-hour 
ozone national ambient air quality standard (NAAQS) Serious 
classification, which applies to the entire State, including the New 
York portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT) 
nonattainment area is approved as it applies to the Clean Air Act 
control technique guidelines (CTG) requirements for major sources of 
volatile organic compounds (VOC).
    (3) The reminder of New York's January 29, 2021, RACT analysis 
plan, pursuant to the 2015 8-hour ozone NAAQS as applied to the entire 
State, including the New York portion of the NY-NJ-CT moderate 
nonattainment area, and as it applies to non-CTG major sources of VOCs 
and to major sources of oxides of nitrogen (NOX), is 
approved.
    (4) The November 29, 2021, New York plan submittal providing a 
certification that the State has satisfied the requirements for an 
ozone nonattainment new source review program as sufficient for 
purposes of the State-wide 2008 8-hour ozone NAAQS Serious 
classification, including the New York portion of the NY-NJ-CT 
nonattainment area, is approved.
    (5) The Reasonable Further Progress Plans for milestone years 2017 
and 2020 pursuant to the 2008 8-hour Ozone NAAQS, included in New 
York's November 13, 2017, and November 29, 2021, State Implementation 
Plan submittals for the New York portion of the New York-Northern New 
Jersey-Long Island nonattainment area are approved.
    (6) The 2017 and 2020 motor vehicle emission budgets used for 
transportation conformity purposes for the New York portion of the New 
York-Northern New Jersey-Long Island nonattainment area contained in 
New York's November 13, 2017, and November 29, 2021, SIP submittals are 
approved.
    (7) New York's certification that the State has satisfied the 
requirements for Clean Fuel for Fleets under the Clean Air Act for the 
2008 8-hour Ozone NAAQS, 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 is approved.

[FR Doc. 2023-24616 Filed 11-8-23; 8:45 am]
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