[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54377-54379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21346]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2021-0263; FRL-8943-02-R2]


Approval of Air Quality Implementation Plans; New York; 2011 
Periodic Emission Inventory SIP for the Ozone Nonattainment Areas

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 New York State 
Department of Environmental Conservation (NYSDEC). The SIP revision 
consists of the following: 2011 calendar year ozone precursor emission 
inventory for volatile organic compounds (VOCs), oxides of nitrogen 
(NOX), and carbon monoxide (CO) for the New York portion of 
the New York-Northern New Jersey-Long Island, Connecticut NY-NJ-CT area 
(New York Metropolitan Area, or NYMA) classified as serious ozone 
nonattainment for the 2008 8-hour ozone National Ambient Air Quality 
Standards (NAAQS or standard); and the Jamestown (Chautauqua County) 
ozone nonattainment area classified as marginal for the 2008 8-hour 
ozone standard. In addition, the SIP revision also consists of the 2011 
calendar year statewide periodic emission inventory for volatile 
organic compounds, oxides of nitrogen, and carbon monoxide. This action 
is being taken in accordance with the Clean Air Act (CAA).

DATES: This final rule is effective on November 1, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R02-OAR-OAR-2021-0263. 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., 
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 through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-3382, or by email at 
[email protected].

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

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 1, 2021 (86 FR 35030), the EPA published a notice of 
proposed rulemaking (NPRM) for the New York State Implementation Plan 
submitted on November 13, 2017. The NPRM proposed approval of the 2011 
calendar year ozone season daily and annual ozone precursor emission 
inventory for carbon monoxide (CO), oxides of nitrogen 
(NOX), and volatile organic compounds (VOCs) for the New 
York portion of New York-New Jersey-Long Island NY-NJ-CT (NYMA) serious

[[Page 54378]]

nonattainment area; and for the Jamestown, NY marginal nonattainment 
area. In addition, the NPRM proposed approval of the 2011 calendar year 
ozone emission inventory that was developed statewide for New York.
    The pollutants included in the inventory are annual emissions for 
CO, NOX, and VOC. These submittals were made, in part to 
meet requirements for serious areas for the 2008 ozone national ambient 
air quality standard (NAAQS). Other specific requirements of New York's 
SIP revisions for the 2008 ozone NAAQS and the rationale for the EPA's 
proposed action are explained in the NPRM and will not be restated 
here.

II. Response to Comments

    The EPA did not receive any comments on the July 1, 2021 NPRM.

III. Final Action

    The EPA is approving revisions to the New York SIP which pertains 
to the following: 2011 calendar year ozone season daily and annual 
ozone precursor emission inventories for CO, NOX, and VOC 
for the NYMA portion of New York-New Jersey-Long Island NY-NJ-CT 
serious nonattainment area, and for the Jamestown marginal 
nonattainment area. In addition, the EPA is approving the 2011 calendar 
year ozone emissions inventory that was developed statewide for New 
York. The pollutants included in the inventory are annual emissions for 
CO, NOX, and VOC.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act 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 Clean Air Act. 
Accordingly, this proposed 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:
     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 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 Clean Air Act; 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and 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 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 30, 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, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 27, 2021.
Walter Mugdan,
Acting Regional Administrator, EPA Region 2.
    Part 52 of 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 HH--New York

0
2. Section 52.1670 is amended in paragraph (e) by adding the entries 
``2011 base year emissions inventory,'' ``2011 VOC, NOX and 
CO ozone summer season and annual emission inventory,'' and ``2011 VOC, 
NOX and CO ozone summer season and annual emission 
inventory'' to the end of the table to read as follows:


Sec.  52.1670   Identification of plan.

* * * * *
    (e) * * *

[[Page 54379]]



                      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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                                                * * * ```* * * *
2011 base year emissions           State-wide..........   11/13/2017   10/1/2021, [insert     Full
 inventory.                                                             Federal Register      approval.
                                                                        citation].           The
                                                                                              inventory contains
                                                                                              point, nonpoint,
                                                                                              nonroad, on-road
                                                                                              and biogenic
                                                                                              source data.
2011 VOC, NOX and CO ozone summer  New York portion of    11/13/2017   10/1/2021, [insert     Full
 season and annual emission         the New York-                       Federal Register      approval.
 inventory..                        Northern New Jersey-                citation].           The
                                    Long Island NY-NJ-                                        inventory contains
                                    CT 8-hour serious                                         point, nonpoint,
                                    ozone nonattainment                                       nonroad, on-road
                                    area.                                                     and biogenic
                                                                                              source data.
2011 VOC, NOX and CO ozone summer  Jamestown 8-hour       11/13/2017   10/1/2021, [insert     Full
 season and annual emission         marginal ozone                      Federal Register      approval.
 inventory..                        nonattainment area.                 citation].           The
                                                                                              inventory contains
                                                                                              point, nonpoint,
                                                                                              nonroad, on-road
                                                                                              and biogenic
                                                                                              source data.
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[FR Doc. 2021-21346 Filed 9-30-21; 8:45 am]
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