[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Proposed Rules]
[Pages 58202-58210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18283]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0648, FRL-11358-01-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 proposing to approve that this SIP revision fulfills SIP 
requirements pertaining to the Ozone Transport Region (OTR) for the 
2015 Ozone NAAQS. The EPA is proposing to approve the demonstration 
portion of the comprehensive SIP revision submitted by New York that 
certify that the State has satisfied the requirements for an Ozone 
nonattainment new source review program, certify that the State has 
satisfied the requirements for a nonattainment emission inventory, and 
certify that the State has satisfied the requirements for clean fuels 
for fleets. The EPA is also proposing to approve New York's reasonable 
further progress plans and motor vehicle emissions budgets for both the 
Moderate and Serious classifications of the 2008 Ozone NAAQS.

DATES: Written comments must be received on or before September 25, 
2023.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0648 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
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. The 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). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

[[Page 58203]]


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 did New York submit?
II. Background
III. Summary and Evaluation of New York's SIP Submittals
    a. RACT Certifications
    b. Additional Certifications
IV. EPA's Proposed Action
V. Statutory and Executive Order Reviews

I. What did New York submit?

    On January 29, 2021, New York submitted a State implementation plan 
(SIP) revision for purposes of meeting the requirement for Reasonably 
Available Control Technology (RACT) \1\ for the 2008 8-hour Ozone 
National Ambient Air Quality Standard (NAAQS or standard) in New York's 
portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT) 
nonattainment area (also referred to as the New York Metro Area or 
NYMA) for the Serious classification.\2\ The submittal was also meant 
to satisfy New York's requirement for RACT for the 2015 NAAQS in the 
NYMA and the requirements for RACT for the 2015 NAAQS throughout the 
State for New York's commitment to meet RACT within the Ozone Transport 
Region (OTR). New York also submitted a comprehensive SIP revision on 
November 29, 2021, which includes the reasonable further progress plan 
and motor vehicle emissions budgets (MVEB or Budgets) for the 2008 
Ozone Serious classification of NYMA, certifying that the State has 
satisfied the requirements for an Ozone nonattainment new source review 
(NNSR) program, certifying that the State has satisfied the 
requirements for a nonattainment emission inventory, and certifying 
that the State has satisfied the requirements for clean fuels for 
fleets. In addition, New York also submitted a comprehensive SIP 
revision on November 13, 2017. Within that submittal, New York included 
the reasonable further progress plan and MVEB for the 2008 Ozone 
Moderate classification of the NYMA.
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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).
    \2\ In New York's January 29, 2021 submittal, the State 
certifies that an EPA-approved emission statement program satisfies 
the CAA Section 182(a)(3)(B) SIP Requirement for the 2015 8-hour 
Ozone NAAQS. New York's certification for its emission statement 
program requirement for the 2015 8-hour Ozone NAAQS will be 
addressed under a separate future rulemaking and is not addressed 
within this proposal.
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II. Background

    In 2008, EPA revised the health-based NAAQS for Ozone, setting it 
at 0.075 parts per million (ppm) averaged over an 8-hour time frame. 
See 73 FR 16435 (March 27, 2008). The EPA determined that the revised 
8-hour standard would be more protective of human health, especially 
with regard to children and adults who are active outdoors and 
individuals with a pre-existing respiratory disease such as asthma. See 
id.
    On April 30, 2012, the EPA finalized its attainment/nonattainment 
designations for areas across the country with respect to the 2008 8-
hour Ozone Standard. See 77 FR 30088 (May 21, 2012). This action became 
effective on July 20, 2012. The two 8-hour Ozone marginal nonattainment 
areas located in New York State are the New York portion of the NYMA 
and the Jamestown nonattainment area. The remainder of New York State 
was designated as unclassifiable/attainment. The New York portion of 
the NYMA, is composed of the five boroughs of New York City and the 
surrounding counties of Nassau, Suffolk, Westchester, Rockland, and the 
Shinnecock Indian Nation.\3\ 40 CFR 81.333. The Jamestown nonattainment 
area is composed of Chautauqua County. See id. In 2016, the EPA 
determined that Jamestown attained the 2008 Ozone Standard by the July 
20, 2015, attainment date and that the NYMA nonattainment area did not 
attain the 2008 Ozone Standard by the applicable attainment date and 
was reclassified from a marginal to a moderate nonattainment area. See 
81 FR 26697 (May 4, 2016).\4\ State attainment plans for Moderate 
nonattainment areas were due by January 1, 2017. See id. Since the NYMA 
was reclassified to a Moderate nonattainment area, New York, on 
November 13, 2017, submitted a comprehensive SIP revision, including an 
attainment demonstration and reasonable further progress plan among 
other SIP required elements, related to the 2008 8-hour Ozone standard 
for the Moderate classification. Subsequently, the NYMA Moderate 
nonattainment area also failed to meet the Moderate area attainment 
date. Therefore, on August 23, 2019, EPA published a final rule that 
reclassified the NYMA, and other State's nonattainment areas, from 
Moderate to Serious. See 84 FR 44238 (August 23, 2019). Because the 
NYMA nonattainment area also failed to meet the Serious area attainment 
date, on September 15, 2022, the EPA published a final rule that 
reclassified the NYMA, along with other State's nonattainment area, 
from Serious to Severe. See 87 FR 60926 (October 7, 2022). This 
reclassification to Severe resulted in a revised attainment date for 
the NYMA of July 20, 2027. See id. RACT requirements tied to the Severe 
classification are due on May 7, 2024. See id.
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    \3\ Information pertaining to areas of Indian country is 
intended for CAA planning purposes only and is not an EPA 
determination of Indian country status or any Indian country 
boundary. The EPA lacks the authority to establish Indian country 
land status and makes no determination of Indian country boundaries 
at 77 FR 30088 (May 21, 2012).
    \4\ In 2019 the NY-NJ-CT nonattainment area was reclassified to 
serious nonattainment. 84 FR 44238 (August 23, 2019). The serious 
area attainment date and the deadline for RACT measures not tied to 
attainment is July 20, 2021. 84 FR 44238.
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    The counties in the New York portion of the NYMA (and part of 
Orange County) were previously classified under the 1979 1-hour Ozone 
NAAQS as Severe, requiring RACT, while the remaining counties in the 
State were subject to RACT as part of the Moderate classification or as 
part of the Ozone Transport Region (OTR). See 77 FR 36165.\5\ Under the 
2008 8-hour Ozone Standard, in areas classified as Moderate or located 
in the OTR (which includes all of New York State), a RACT determination 
is required for major stationary sources that emit or have the 
potential to emit 50 tons per year for VOC and 100 tons per year for 
NOX. See 87 FR 21825 (April 13, 2022). As required by the 
anti-backsliding provisions of the CAA, for purposes of the RACT 
analysis for the 2008 Ozone standard, New York retained the 1-hour 
Ozone plan emission threshold of 25 tons per year or more for either 
NOX or VOC for major sources in the New York portion of NYMA 
and portions of Orange County that were classified as Severe under the 
1979 1-hour standard. See 40 CFR part 51.905.
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    \5\ CAA Section 184(a) established a single ozone transport 
region (OTR) comprising all or part of 12 eastern States and the 
District of Columbia.
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    Sections 182(b)(2) of the CAA require States to implement RACT in 
areas classified as Moderate (and higher) nonattainment for Ozone, 
while section 184(b)(1)(B) of the CAA requires VOC RACT in States 
located in the OTR, and section 182(f) requires NOX RACT. 
RACT must be implemented for all major VOC and NOX emission 
sources and for all sources covered by a control technique guideline 
(CTG). A CTG is a

[[Page 58204]]

document issued by the EPA which provides recommendations to inform 
State, local, and Tribal air agencies as to what constitutes RACT for a 
specific VOC source category. States must submit rules, or negative 
declarations when the State has no such sources, for CTG source 
categories. A related set of documents, Alternative Control Techniques 
(ACT) documents, exists primarily for NOX control 
requirements. RACT must be imposed on major sources of NOX, 
and some of those major sources may be within a sector covered by an 
ACT document.
    On March 6, 2015, the EPA published a final rule that outlines the 
obligations that areas found to be in nonattainment of the 2008 Ozone 
NAAQS need to address (2008 Ozone Implementation Rule). See 80 FR 
12264. This rule contains, among other things, a description of the 
EPA's expectations for States with RACT obligations. The 2008 Ozone 
Implementation Rule provides that States could meet RACT through the 
establishment of new or more stringent requirements that meet RACT 
control levels, through a certification that previously adopted RACT 
controls in the SIP, that were approved by the EPA under a prior Ozone 
NAAQS, represent adequate RACT control levels for attainment of the 
2008 Ozone NAAQS, or a combination of these two approaches. In 
addition, a State must submit a negative declaration in instances where 
there are no sources covered by a given CTG. The 2008 Ozone 
Implementation Rule requires that States with nonattainment areas were 
required to submit RACT SIPs to EPA within two years from the effective 
date of nonattainment designation, which for the areas at issue here 
was July 20, 2014.
    Regarding the 2015 Ozone NAAQS, on June 4, 2018, EPA published a 
final rule establishing designations and classifications for this 
standard for most areas of the country, including New York. See 83 FR 
25776 (June 4, 2018). This final rule created a Moderate nonattainment 
area within the NYMA which includes, within New York, the five boroughs 
of New York City and the surrounding counties of Nassau, Suffolk, 
Westchester, Rockland and the Shinnecock Indian Nation. Additionally, 
on December 6, 2018, EPA published a final rule outlining requirements 
for States to follow as they implement the 2015 Ozone NAAQS (2015 Ozone 
Implementation Rule). (See 83 FR 62998, December 6, 2018). The rule 
contains RACT and NNSR requirements similar to those outlined within 
the 2008 Ozone Implementation Rule, although the discretionary inter-
pollutant trading program provided for within the NNSR portion of the 
rule was subsequently voided.
    Regarding NNSR, the minimum SIP requirements for NNSR permitting 
programs for the 2008 and the 2015 Ozone NAAQS are located in 40 CFR 
51.165. These NNSR program requirements include those promulgated in 
the ``Phase 2 Rule'' implementing the 1997 8-hour Ozone NAAQS (See 70 
FR 71612, November 29, 2005) and the 2008 Ozone Implementation Rule. 
Additionally, although the 2015 Ozone Implementation Rule included a 
provision to explicitly allow for inter-pollutant trading for meeting 
the emissions offset requirement for ozone, this provision was 
subsequently vacated.\6\ Under the Phase 2 Rule, the SIP for each ozone 
nonattainment area must contain NNSR provisions that:
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    \6\ Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 2021).
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     Set major source thresholds for NOX and VOC 
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i) through (iv) and 
(a)(1)(iv)(A)(2);
     Classify physical changes at a major source if the change 
would constitute a major source by itself pursuant to 40 CFR 
51.165(a)(1)(iv)(A)(3);
     Consider any significant net emissions increase of 
NOX as a significant net emissions increase for ozone 
pursuant to 40 CFR 51.165(a)(1)(v)(E);
     Consider increases of VOC emissions in extreme ozone 
nonattainment areas as significant net emissions increases and major 
modifications for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F);
     Set significant emissions rates for VOC and NOX 
as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A) through (C) 
and (E);
     Contain provisions for emissions reductions credits 
pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) and (2);
     Provide that the requirements applicable to VOC also apply 
to NOX pursuant to 40 CFR 51.165(a)(8); and
     Set offset ratios for VOC and NOX pursuant to 
40 CFR 51.165(a)(9)(i) through (iii) (renumbered as (a)(9)(ii) through 
(iv) under the 2008 Ozone Implementation Rule).
    Additionally, pursuant to the 2008 Ozone Implementation Rule, areas 
designated as nonattainment for that standard that also remain 
nonattainment for the 1997 Ozone Standard must satisfy the anti-
backsliding requirements of 40 CFR 51.1105.

III. Summary and Evaluation of New York's SIP Submittals

a. RACT Certifications

    On January 29, 2021, New York submitted a determination that its 
regulatory framework for sources meets the criteria for RACT for 
purposes of the 2015 Ozone NAAQS. The submittal also contained a 
certification that the State's RACT requirements are sufficient to 
comprise RACT for the area's Serious classification for the 2008 Ozone 
NAAQS. EPA approved New York's statewide 2008 NAAQS RACT SIP submission 
for requirements associated with the Moderate area classification and 
the OTR on December 12, 2017, except the Agency conditionally approved 
New York's submission with respect to sources covered by the industrial 
cleaning solvents CTG. See 82 FR 58342. As of May 13, 2020, New York 
had a fully approved RACT SIP for purposes of the Moderate area 
classification and OTR requirements associated with the 2008 Ozone 
NAAQS. See 85 FR 28490. New York's RACT submittal notes that its prior 
designation as a nonattainment area for the New York portion of the 
NYMA for the previous ozone standards resulted in the adoption of 
stringent controls for major sources of VOC and NOX, 
including RACT level controls. New York's major source applicability 
threshold for both VOC and NOX have been maintained at 50 
tons per year throughout the State and at 25 tons per year in the New 
York portion of the NYMA, due to anti-backsliding and the NYMA being 
designated as Severe for the one-hour Ozone Standard (See 56 FR 56694, 
November 6, 1991) where the threshold is 25 tons per year. In 
accordance with the 2008 and 2015 Ozone Implementation Rules, much of 
New York's submittal consists of a review of RACT controls adopted 
under previous ozone standards and an indication of whether those 
previously adopted controls still represent RACT for the 2008 and 2015 
Ozone NAAQS. Additionally, New York notes that as a member state of the 
OTR, it works with the Ozone Transport Commission to identify and 
adopt, as deemed appropriate, regulations on additional VOC and 
NOX categories beyond those for which EPA has issued CTGs or 
ACT documents.
    Appendix A of New York's January 29, 2021, submission lists the 
CTGs and ACTs and corresponding New York RACT regulations that cover 
existing sources in New York. For major non-CTG sources, RACT 
compliance is enforced through the SIP approved provisions in 6 NYCRR 
Part 212,

[[Page 58205]]

``Process Operations.'' On October 1, 2021, the EPA approved New York's 
revisions to Part 212 into the SIP to strengthen enforcement of New 
York's air pollution control regulations (see 86 FR 54375).
    New York evaluated its existing RACT regulations and requirements 
and determined that these measures continue to constitute RACT for 
purposes of the 2008 Ozone NAAQS Serious classification, the 2015 Ozone 
NAAQS Moderate classification, and OTR requirements for the 2015 Ozone 
NAAQS. New York certified that its current regulations still comprise 
RACT for all major sources of NOX/VOCs and all sources 
covered by CTGs where there is no negative declaration. In regard to 
NOX RACT regulations, New York certified that their 
following SIP approved regulations met the current requirements for 
RACT: Subpart 212-3, ``Reasonably Available Control Technology for 
Major Facilities'' (86 FR 54375, October 1, 2021), Subpart 212-4, 
``Control of Nitrogen Oxides for Hot Mix Asphalt Production Plants'' 
(86 FR 54375, October 1, 2021), Part 214, ``Byproduct Coke Oven 
Batteries'' (71 FR 41163, July 20, 2006), Part 216, ``Iron and/or Steel 
Processes'' (71 FR 41163, July 20, 2006), Subpart 219-10, ``Reasonably 
Available Control Technology (RACT) for Oxides of Nitrogen 
(NOX) at Municipal and Private Solid Waste Incineration 
Units'' (87 FR 33438, June 2, 2022), Subpart 220-1, ``Portland Cement 
Plants'' (78 FR 41846, July 12, 2013), Subpart 220-2, ``Glass Plants'' 
(conditional approval 78 FR 41846, July 12, 2013) and Subpart 227-2, 
``Reasonably Available Control Technology (RACT) for Major Facilities 
of Oxides of Nitrogen (NOX)'' (78 FR 41846, July 12, 2013).
    In regard to VOC RACT regulations, New York certified that their 
following SIP approved regulations met the current requirements for 
RACT: Part 203, ``Oil and Natural Gas Sector'' (87 FR 52337, August 25, 
2022), Subpart 212-3, ``Reasonably Available Control Technology for 
Major Facilities'' (86 FR 54375, October 1, 2021), Part 226, ``Solvent 
Cleaning Processes and Industrial Cleaning Solvents'' (85 FR 28490, May 
13, 2020), Part 228, ``Surface Coating Processes, Commercial and 
Industrial Adhesives, Sealants and Primers'' (79 FR 12082, March 4, 
2014), Part 229, ``Petroleum and Volatile Organic Liquid Storage and 
Transfer'' (62 FR 67006, December 23, 1997), Part 230, ``Gasoline 
Dispensing Sites and Transport Vehicles'' (63 FR 23668, April 30, 
1998), Part 233, ``Pharmaceutical and Cosmetic Manufacturing 
Processes'' (62 FR 67006, December 23, 1997), Part 234, ``Graphic 
Arts'' (77 FR 13974, March 8, 2012). Within New York's January 29, 
2021, SIP revision, the State noted that it was in the process of 
revising Part 230 to incorporate Federal standards for gasoline 
dispensing facilities pursuant to 40 CFR Subpart CCCCCC. This 
regulatory update was submitted to the EPA on March 3, 2021 and was 
approved into New York's SIP on February 9, 2023. See 88 FR 8371.
    In regard to negative declarations, New York reviewed the CTG and 
ACT categories and determined that their previously approved negative 
declarations remain valid. Based on the emission inventory and emission 
statements for New York, the State certified that there are no sources 
located within 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 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 recertifies that this 
previously approved negative declaration for the CTGs listed above 
remains valid. In this proposed action, the EPA is proposing 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 (82 FR 
58342, December 12, 2017); 40 CFR 52.1683(a) and (b).
    Regarding source specific RACT determinations, New York submits 
certain source specific RACT determinations to EPA as SIP revisions. In 
instances where a facility is unable to meet the relevant categorical 
RACT limit due to technical or economic infeasibility, an alternative 
RACT limit, also called a variance, is agreed to by DEC and the 
facility owner. Some regulations (e.g., Part 220, ``Portland Cement 
Plants and Glass Plants'') do not define categorical RACT limits due to 
the uniqueness of each facility; in these cases, each regulated 
facility performs a complete RACT analysis from which a facility-
specific emission limit is established. A case-by-case RACT analysis 
may also be required for sources that are not in a source category 
covered by an existing State RACT regulation or addressed by a CTG.
    New York has periodically submitted source specific RACT 
determinations for multiple facilities under a bundled SIP submittal 
approach to EPA. Previous bundles were submitted to the EPA in 2008, 
2010, and 2013. This included 34 RACT determinations bundled into one 
submittal on September 16, 2008, and 15 RACT determinations bundled 
into one submittal on August 30, 2010, for various regulated RACT rules 
(e.g., Part 212-3, ``RACT for Major Facilities,'' and Part 220, 
``Portland Cement Plants and Glass Plants''). In addition, on December 
18, 2013, New York submitted a bundle of six RACT determinations for 
Portland cement plants and glass plants regulated under Part 220. On 
May 7, 2020, New York withdrew 14 previously submitted RACT 
determinations because the facilities are no longer in operation or no 
longer need SIP approval due to changes in operations. EPA Region 2 
continues to coordinate with NYSDEC to address the submittal status of 
the remaining source specific SIPs. Once submitted, these source 
specific SIPs will be addressed in future separate actions. Appendix B 
of New York's January 29, 2021, submittal includes a list of source 
specific RACT determinations that have been submitted to EPA; Appendix 
C of the submittal contains correspondence from EPA dated May 21, 2020 
regarding the latest developments in addressing the source specific SIP 
submittals.
    We have reviewed New York's RACT certification demonstration and 
propose to determine that the State's regulatory requirements for VOC 
and NOX emissions from major sources accomplish a RACT level 
of control for both pollutants. Regarding the CTG and ACT categories, 
New York has reviewed RACT controls adopted for previous Ozone 
standards and the EPA agrees with the State's evaluation that those 
previously adopted controls still represent RACT for the Serious 
classification of the 2008 Ozone Standard, the Moderate classification 
of the 2015 Ozone Standard, and requirements associated with the OTR 
for the 2015 Ozone NAAQS. Also, the SIP-approved New York RACT rules 
have more stringent emission limits and/or lower thresholds of 
applicability than the recommendations contained in the CTG and ACT 
documents. Since we agree that the regulations which New York has cited 
as meeting RACT do conform with RACT for the 2015 and 2008 Ozone 
standards, we propose approval of New York's RACT certification SIP 
revision requests dated

[[Page 58206]]

January 29, 2021, and November 29, 2021.

b. Additional Planning Elements and Certifications

    New York's November 13, 2017, and November 29, 2021, SIP 
submissions also included additional certifications and planning 
elements as part of the comprehensive demonstrations. These include 
reasonable further progress and MVEB for the 2008 moderate and serious 
ozone classifications, a certification for an ozone NNSR program, a 
certification for a nonattainment emission inventory, and a 
certification that the State has satisfied the requirements for clean 
fuels for fleets.
Emission Inventory
    CAA section 172(c)(3) requires that each SIP include a 
``comprehensive, accurate, current inventory of actual emissions from 
all sources of the relevant pollutant or pollutants in [the] area . . 
.'' by requiring an accounting of actual emissions from all sources of 
the relevant pollutants in the area. This section provides for the base 
year inventory to include all emissions that contribute to the 
formation of a particular NAAQS pollutant. For the 2008 Ozone NAAQS, 
EPA's March 6, 2015, implementation rule recommended 2011 as a baseline 
year from which emission reductions used to meet RFP requirements are 
creditable. See 80 FR 12263.
    On November 29, 2021, NYSDEC certified that the previously 
submitted 2011 base year emission inventory is up-to-date and satisfies 
the requirements for the 2008 Ozone NAAQS for the Serious 
classification. On November 13, 2017, New York submitted to the EPA as 
a SIP revision request an emission inventory of ozone precursors for 
2011.\7\ The inventory was submitted to meet the CAA Section 
182(a)(3)(A) obligation to develop a base year inventory and was also 
used as the baseline year in the State's 2008 Ozone Moderate and 
Serious RFP plans which are described elsewhere in this proposal. The 
inventories include emission estimates in the form of ozone season day 
(OSD) emissions in tons per summer day. The OSD emissions are also 
adjusted for various types of stationary and mobile source categories 
based on their activity level during the summer ozone season. The ozone 
emission inventory catalogs NOX and VOC emissions because 
these pollutants are precursors to ozone formation. New York's 2011 
emissions inventory contains emission estimates for the nine counties 
in the NYMA and contains emission estimates summed statewide.
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    \7\ On October 1, 2021, The EPA approved revisions to the New 
York SIP which included the 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 approved 
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. See 86 FR 54377.
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    The specific details of New York's 2011 emission inventory and the 
rationale for the EPA's approval action are explained in the October 1, 
2021, final rulemaking action. For this detailed information, the 
reader is referred to the EPA's rulemaking action approving New York's 
2011 Emission Inventory. See 86 FR 54377. In that action, the EPA 
determined that New York's emission inventory is based on the most 
current and accurate information available to the State at the time it 
was being developed. Additionally, the inventories comprehensively 
address all source categories in New York's nonattainment areas and 
were developed consistent with the relevant EPA inventory guidance. For 
those reasons, the EPA approved the 2011 baseline emission inventories 
into New York's SIP as meeting the requirements of CAA Section 
172(c)(3).
    Since we agree that New York's 2011 base year inventory is 
consistent with the ozone base year inventory reporting requirements 
based on EPA guidance, we are proposing to approve New York's 
certification of its 2011 calendar year emission inventory to fully 
meets the requirements of the CAA for the 2008 8-hour Ozone NAAQS 
Serious classification.
    Table 1 shows the NYMA summary of 2011 OSD emissions, in tons per 
day, by source category.

    Table 1--Emissions Inventory Summary for NYMA Nonattainment Area
                         [Tons/ozone season day]
------------------------------------------------------------------------
                                                     New York portion of
                                                        NY-NJ-CT area
                      Source                       ---------------------
                                                       NOX        VOC
------------------------------------------------------------------------
Point.............................................     344.88      11.26
Non-Point (Area)..................................      52.49     301.11
Nonroad...........................................     155.07      96.88
Onroad............................................     205.87     104.46
Biogenic..........................................       1.35     191.15
                                                   ---------------------
    Total.........................................     759.65     704.86
------------------------------------------------------------------------

Reasonable Further Progress
    Section 182(b)(1) of the CAA and the EPA's 2008 Ozone 
Implementation Rule requires that State's submit a reasonable further 
progress (RFP) demonstration for each 8-hour ozone nonattainment area 
designated moderate and above, for review and approval into its SIP, 
that describes how the area will achieve actual emissions reductions of 
VOC and NOX from a baseline emissions inventory. Section 
182(b)(1) of the CAA requires a State's RFP to demonstrate a 15% 
reduction in VOC emissions before the more general RFP requirements of 
section 172(c)(2) of the CAA apply, which permits a combination of VOC 
and NOX emission reductions to show RFP.
    The EPA's 2008 Ozone Implementation Rule also finalized that 2008 
nonattainment areas that have previously met the CAA requirement for a 
15% ROP VOC reduction plan for the entire area are not required to 
fulfill that requirement again. Instead, for purposes of the 1997 Ozone 
NAAQS and for the 2008 Ozone NAAQS, the EPA interpreted the RFP 
requirement of CAA section 172(c)(2) to require an area classified as 
Moderate to achieve an average 3 percent annual reduction in VOC and/or 
NOX emissions for the first 6 years following the 
baseline.\8\ For Serious and above areas, section 182(c)(2)(B) requires 
an additional 3% per year reduction in VOC emissions, averaged over 
consecutive 3-year periods until the attainment date.\9\ New York has 
previously met the 15% RFP for VOC, due to nonattainment obligations it 
had under the 1997 8-hour Ozone standard (see 86 FR 49249; September 2, 
2021). Therefore, for purposes of the 2008 Ozone standard, New York 
submitted RFP demonstrations for its moderate and serious nonattainment 
areas showing VOC and NOX emission reductions greater than 
the 18% requirement following six years after the 2011 base year 
inventory (between 2012-2017) and demonstrated a 27% reduction by the 
Serious classification attainment date, July 20, 2021. Note that we are 
only proposing action on both RFP plans for the New York portion of the 
NYMA.
---------------------------------------------------------------------------

    \8\ Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements.'' Final 
Rule. Published March 6, 2015; effective April 6, 2015. 80 FR 12271.
    \9\ See Id.
---------------------------------------------------------------------------

    In New York's November 13, 2017, submission, NYSDEC demonstrated 
that RFP was achieved for the moderate classification between the 2011 
baseline

[[Page 58207]]

year and the 2017 target year by showing that NOX emissions 
declined by 28.01%, and VOC emissions by 6.70%, within the NYMA 
nonattainment area. New York updated its 2011 emission estimates for 
use within the RFP baseline inventory by using the most recently 
available at the time version of EPA's MOVES model, MOVES 2014a, for 
calculation of on-road and non-road mobile source emissions. New York 
also accounted for Emission Reduction Credits (ERCs) within its RFP 
analysis because there are emissions offsets available for facilities 
to use when constructing or modifying an emission source subject to New 
Source Review. New York relied on the emission projection work it had 
coordinated and submitted to the Mid-Atlantic Regional Air Management 
Association for their effort to develop a 2017 modeling platform. The 
projections of emissions from electrical generating units (EGUs) were 
conducted using the Eastern Regional Technical Advisory Committee 
(ERTAC). The ERTAC projection tool uses 2011 emissions data from EPA's 
Clean Air Market Division and growth factors developed from the U.S. 
Department of Energy's Energy Information Administration (EIA) data and 
other sources to create a 2017 emission inventory for EGUs. EPA finds 
that the ERTAC EGU emissions forecasts produce reasonable results for 
facilities within the State.
    Table 2 below contains a summary of the 2011 RFP baseline 
inventory, and 2017 projected, controlled emissions demonstrating the 
6.70% VOC and 28.01% NOX emission reductions for the New 
York portion of the NY-NJ-CT nonattainment area.\10\ Although NYSDEC's 
modeling demonstration illustrates that the NYMA did not meet the 
moderate area attainment deadline of July 20, 2018, New York's RFP 
analysis for the NYMA moderate nonattainment area showed that 
projected, controlled VOC and NOX emission in 2017 were well 
below the emission target levels. Therefore, the EPA is proposing to 
approve New York's RFP for the moderate classification since it 
successfully meets the RFP requirement under CAA section 172(c)(2).
---------------------------------------------------------------------------

    \10\ In New York's calculation for RFP of the 2008 Ozone 
Moderate classification, biogenic emissions were removed from the 
base year inventory and rule effectiveness of Point sources 
emissions for both EGUs and non-EGUs were factored in.

  Table 2--Summary of RFP Calculations for NYMA for 2008 Ozone Moderate
                             Classification
------------------------------------------------------------------------
                                         NOX emissions
                                          (tons/ozone     VOC emissions
              Description                 season day)      (tons/ozone
                                                           season day)
------------------------------------------------------------------------
RFP Baseline Inventory (2011): NY                 770.4           516.04
 portion of NY-NJ-CT area.............
2017 Projected, controlled emissions:            554.58           481.48
 NY portion of NY-NJ-CT area..........
------------------------------------------------------------------------

    As mentioned previously, the RFP requirement in CAA section 
182(c)(2)(B) require areas classified as Serious or higher to achieve 
an average 3% annual reduction for the first 6 years following the 
baseline year, and also requires Serious areas to demonstrate an 
additional 3% per year reduction in VOC emissions, averaged over 
consecutive 3-year periods until the attainment date.\11\ Since the 
attainment date for the Serious classification was on July 20, 2021, 
this requires Serious areas located within New York to demonstrate 27% 
percent reductions by the end of the nine-year period (2011-2020) 
regardless of whether the area attains the NAAQS. In New York's 
November 29, 2021, submission, NYSDEC demonstrated that RFP was 
achieved for the Serious classification between the 2011 baseline year 
and 2020 target year by showing that the 27% reduction requirement was 
achieved through a combination of NOX and VOC emission 
reductions through 2020.
---------------------------------------------------------------------------

    \11\ Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements.'' Final 
Rule. Published March 6, 2015; effective April 6, 2015. 80 FR 12271.
---------------------------------------------------------------------------

    Table 3 below contains a summary of the 2011 RFP baseline 
inventory, and 2020 projected, controlled emissions demonstrating that 
VOC emissions were reduced by 17.76% and NOX emission 
reduced by 30.41% within the New York portion of the NY-NJ-CT 
nonattainment area.\12\ Because RFP requirements for the NYMA Serious 
nonattainment area can be satisfied with reductions in either 
NOX or VOC emissions, New York was able to demonstrate a 
reduction emission surplus from the 27% requirement. Although NYSDEC's 
modeling demonstration and 2020 Design Values (DVs) illustrated that 
the NYMA did not meet the serious area attainment deadline of July 20, 
2021, New York's RFP calculations for the NYMA serious nonattainment 
area showed that the 27% reduction requirement was achieved through a 
combination of NOX and VOC emission reductions through 2020. 
Therefore, the EPA is proposing to approve New York's RFP for the 
Serious classification since it successfully meets the RFP requirement 
under CAA section 182(c)(2)(B) and 40 CFR 51.1110.
---------------------------------------------------------------------------

    \12\ In New York's calculation for RFP of the 2008 Ozone Serious 
classification, biogenic emissions were removed from the base year 
inventory and rule effectiveness of Point sources emissions for both 
EGUs and non-EGUs were factored in.

  Table 3--Summary of RFP Calculations for NYMA for 2008 Ozone Serious
                             Classification
------------------------------------------------------------------------
                                         NOX emissions    VOC emissions
              Description                 (tons/summer     (tons/summer
                                              day)             day)
------------------------------------------------------------------------
RFP Baseline Inventory (2011): NY                 770.4           516.04
 portion of NY-NJ-CT area.............
2020 Projected, controlled emissions:            536.14           424.40
 NY portion of NY-NJ-CT area..........
------------------------------------------------------------------------

Motor Vehicle Emissions Budgets
    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means conformity to an implementation plan's 
purpose of eliminating or reducing the severity and number of 
violations of the NAAQS and achieving expeditious attainment of the 
NAAQS, and that transportation

[[Page 58208]]

activities will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the NAAQS (CAA 176(c)(1)(A) 
and (B)). The EPA's conformity rule at 40 CFR part 93, subpart A 
requires that transportation plans, programs and projects conform to 
SIPs, and establishes the criteria and procedures for determining 
whether or not they conform. To accomplish its purpose, the conformity 
rule requires a demonstration that emissions from a metropolitan 
planning organization's regional transportation plan and transportation 
improvement program are consistent and do not exceed the MVEB contained 
in the control strategy SIP revision or maintenance plan. See 40 CFR 
93.101, 93.118, and 93.124. The MVEB are defined in 40 CFR 93.101 as 
the level of mobile source emissions of a pollutant, of the total 
allowable emissions, defined in the SIP for a certain date, for the 
purpose of demonstrating attainment or maintenance of the NAAQS or for 
meeting reasonable further progress milestones.\13\
---------------------------------------------------------------------------

    \13\ Further information concerning EPA's interpretations 
regarding MVEBs can be found in the preamble to EPA's November 24, 
1993 transportation conformity rule. See 58 FR 62193-62196.
---------------------------------------------------------------------------

    In New York's November 13, 2017 comprehensive SIP submittal, the 
State established the 2017 MVEB for VOCs and NOX within the 
New York portion of the NY-NJ-CT nonattainment area for the 2008 8-hour 
Moderate classification. In New York's submittal, the State clarifies 
that the 2017 MVEB is a projection from the 2011 base year inventory, 
and that the 2017 VOC MVEB excludes emissions from refueling. Table 4 
lists the New York 2017 MVEB.

        Table 4--MVEB in New York's 2008 Ozone Moderate RFP Plan
------------------------------------------------------------------------
                                           NOX (tons/       VOC (tons/
              Description                 summer day)      summer day)
------------------------------------------------------------------------
2017 8-Hour Ozone Motor Vehicle                 117.21            65.69
 Emission Budgets: NY portion of NY-NJ-
 CT area..............................
------------------------------------------------------------------------

    On April 19, 2018, the EPA issued a letter to New York in which we 
stated that the Budgets for the New York portion of the NY-NJ-CT area 
were adequate for use in transportation conformity determinations. 
Additionally, the EPA published an announcement of this adequacy 
finding in the Federal Register on June 8, 2018. See 83 FR 26598. In 
this action the EPA is proposing to approve the 2008 Ozone Moderate RFP 
on-road MVEB established for the New York portion of the NY-NJ-CT area. 
The EPA is also proposing to approve these Budgets because EPA has now 
completed its review of the overall 2008 Ozone Moderate RFP plan which 
demonstrates the required percent reductions needed for the plan 
approval.
    Also, in New York's November 29, 2021 comprehensive SIP submittal, 
the State established the 2020 MVEB for VOCs and NOX within 
the New York portion of the NY-NJ-CT nonattainment area for the 2008 8-
hour Serious classification. In New York's submittal, the State 
clarifies that the 2020 MVEB is a projection from the 2011 base year 
inventory, and that the 2020 VOC MVEB excludes emissions from 
refueling. Table 5 lists the New York 2020 MVEB.

        Table 5--MVEB in New York's 2008 Ozone Moderate RFP Plan
------------------------------------------------------------------------
                                           NOX (tons/       VOC (tons/
              Description                 summer day)      summer day)
------------------------------------------------------------------------
2020 8-Hour Ozone Motor Vehicle                  89.07            54.51
 Emission Budgets: NY portion of NY-NJ-
 CT area..............................
------------------------------------------------------------------------

    On July 26, 2022, the EPA issued a letter to New York in which we 
stated that the Budgets for the New York portion of the NY-NJ-CT area 
were adequate for use in transportation conformity determinations. 
Additionally, the EPA published an announcement of this adequacy 
finding in the Federal Register on November 23, 2022. See 87 FR 71632. 
In this action the EPA is proposing to approve the 2008 Ozone Serious 
RFP on-road MVEB established for the New York portion of the NY-NJ-CT 
area. The EPA is proposing to approve the 2020 MVEB established for the 
New York portion of the NY-NJ-CT nonattainment area since these Budgets 
are based on the 2011 base year emission inventory that is consistent 
with EPA guidance, as discussed in Section III.B. The EPA is also 
proposing to approve these Budgets because EPA has now completed its 
review of the overall 2008 Ozone Serious RFP plan which demonstrates 
the required percent reductions needed for the plan approval.
Ozone Nonattainment New Source Review (NNSR)
    New York affirmed in its November 29, 2021, submittal that, because 
the State is located entirely in the OTR, regardless of the area's 
designation status, NNSR applies state-wide for emissions of ozone 
precursor pollutants, VOC and NOX, for new major facilities 
or modifications to existing major or minor sources. New major 
facilities or modification to existing major or minor facilities in New 
York State are subject to the provisions of 6 NYCRR Part 231, ``New 
Source Review for New and Modified Facilities.'' See 81 FR 95049 
(December 27, 2016). Major-source pollutant thresholds are lower in the 
NYMA, however, due to the area's former Severe classification under the 
1-hour Ozone NAAQS: 25 tons per year for VOC or NOX, as 
opposed to 50 to 100 tons, respectively, throughout the rest of the 
State. The NYMA also has a lower significant source project threshold 
and significant net emission increase threshold, as well as a more 
stringent offset ratio for both precursors.
    NNSR requires the application of Lowest Achievable Emission Rate 
which is more stringent than RACT. Furthermore, New York certified in 
its November 29, 2021 submittal that the State also relies upon Federal 
rules such as the National Emission Standards for Hazardous Air 
Pollutants (NESHAPs) regulated under CAA section 112. NESHAPs establish 
the need to use

[[Page 58209]]

Maximum Achievable Control Technology (MACT), which may be more 
stringent than RACT, to control hazardous air pollutants.
    The EPA is proposing to approve New York's certification that NNSR 
applies state-wide for NOX and VOC emissions from stationary 
sources and fully meets the requirements of the CAA for the 2008 8-hour 
Ozone NAAQS.
Clean Fuels for Fleets
    Clean Air Act Section 182(c)(4) requires States with Ozone 
nonattainment areas classified as Serious or above with 1980 
populations greater than 250,000 to submit a SIP revision to either 
``include such measures as may be necessary to ensure the effectiveness 
of the applicable provisions of the clean-fuel vehicle program 
prescribed under part C of subchapter II of this chapter'' or to 
provide ``a substitute for all or a portion of the clean-fuel vehicle 
program prescribed under part C of subchapter II of this chapter.'' The 
Clean Fuel Fleets requirement was adopted as part of the 1990 CAA 
Amendments and was designed to improve air quality and introduce clean 
burning fuels into the market. CAA Sections 243 and 245 included 
numerical emissions standards for the Clean Fuel Fleets light- and 
heavy-duty vehicles that were intended to encourage innovation, 
encourage the purchase of cleaner fleet vehicles and reduce emissions 
for fleets of motor vehicles in ozone nonattainment areas classified as 
Serious or above as compared to conventionally fueled vehicles 
available at the time.\14\ With the implementation of Tier 3 light-duty 
standards (40 CFR part 86, subpart S) and the continued implementation 
of current heavy-duty vehicle standards (40 CFR part 1036), the 1990 
CAA Amendments' Clean Fuel Fleets standards became either less 
stringent than or equivalent to the standards that apply to vehicles 
and engines today. Because the statute continues to require Clean Fuel 
Fleets standards for State clean fuel vehicle programs in Serious and 
above ozone nonattainment areas, on June 29, 2021, the EPA revised the 
Clean Fuel Fleets requirements in 40 CFR part 88, to provide compliance 
options to the where vehicles and engines certified to current 
standards would be deemed to comply with the Clean Fuel Fleets 
standards as Ultra Low-Emission Vehicles. See 86 FR 34308 (June 29, 
2021). This approach enables States to address the Clean Fuel Fleets 
requirements by describing in a SIP that any new light- or heavy-duty 
vehicle purchased today are certified to current standards under 40 CFR 
part 86 and part 1036 or by the California Air Resources Board (CARB) 
under its Low Emission Vehicle Program (LEV III) would be deemed to 
comply with the Clean Fuel Fleets standards as Ultra Low-Emission 
Vehicles.
---------------------------------------------------------------------------

    \14\ CAA sections 241(5) ``Definition of a Covered Fleet'' and 
246(b) ``Phase-in Requirements'' require that CFFPs apply to fleets 
of 10 or more vehicles that are capable of being centrally fueled.
---------------------------------------------------------------------------

    New York affirmed in its November 29, 2021, submittal that the 
State has satisfied the requirements for clean fuels for fleets. New 
on-road motor vehicles sold in New York are subject to the provisions 
of 6 NYCRR Part 218, ``Emission Standards for Motor Vehicle Engines.'' 
Section 177 of the CAA permits States to adopt new motor vehicle 
emission standards that are identical to California's. Therefore, in 
this already implemented measure, NYSDEC has incorporated the latest 
California emission standards for light-duty vehicles through Part 218. 
This low-emission vehicle (LEV) regulations provide flexibility to auto 
manufacturers by allowing them to certify their vehicle models to one 
of several different emissions standards. These consist of several 
different tiers of increasingly stringent LEV emission standards to 
which a manufacturer may certify a vehicle, including LEV, ultra-low 
emission vehicle (ULEV), super-ultra-low-emission vehicle (SULEV), and 
ZEV. The different standards are intended to provide flexibility to 
manufacturers in meeting program requirements. However, manufacturers 
must demonstrate that the overall fleet for each model year meets the 
specified non-methane organic gas standard for that year. These 
requirements are progressively more stringent with each model year.
    A 2016 update to Part 218 incorporated California's latest LEV 
standards (LEV III) and ZEV standards into New York's program. These 
LEV III amendments took effect for 2017 through 2025 model year 
passenger cars, light-duty trucks, and medium-duty passenger vehicles. 
The ZEV revisions apply to 2018 through 2025 model year passenger cars, 
light-duty trucks, and medium-duty vehicles.
    The EPA is proposing to approve New York's certification that the 
State has satisfied the requirements for clean fuels for fleets under 
the CAA for the 2008 8-hour Ozone NAAQS. New York's program 
demonstrates that any new light- or heavy-duty vehicle purchased today 
are certified to current standards, including California's LEV III 
standards, thus is deemed to comply with the Clean Fuel Fleets 
standards as Ultra Low-Emission Vehicles.

IV. EPA's Proposed Action

    In this rule, EPA is proposing to approve the SIP revision 
submitted by the State of New York on January 29, 2021, for purposes of 
meeting the requirement for RACT for the 2008 8-hour Ozone NAAQS in New 
York's portion of the NYMA for the Serious classification. The EPA is 
also proposing 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 OTR. The EPA is also proposing 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 an ozone nonattainment new source review program, 
certifying that the State has satisfied the requirements for a 
nonattainment emission inventory, and certifying that the State has 
satisfied the requirements for clean fuels for fleets. EPA is also 
proposing to approve New York's reasonable further progress plans and 
MVEB for both the Moderate and Serious classifications of the 2008 
Ozone NAAQS in the NYMA.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to this 
proposed rule by following the instructions listed in the ADDRESSES 
section of this Federal Register.

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, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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 14094 (88 FR 21879, April 11, 
2023);

[[Page 58210]]

     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 proposed 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 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, Nitrogen dioxide, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2023-18283 Filed 8-24-23; 8:45 am]
BILLING CODE 6560-50-P