[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Rules and Regulations]
[Pages 60314-60317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16244]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R01-OAR-2024-0310; FRL-12108-01-R1]


Designations of Areas for Air Quality Planning Purposes; New 
York, New Jersey, Connecticut; New York-Northern New Jersey-Long 
Island, NY-NJ-CT 2015 8-Hour Ozone Nonattainment Area; Reclassification 
to Serious

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Clean Air Act (CAA or the ``Act''), the 
Environmental Protection Agency (EPA) is granting a request from the 
States of New York, New Jersey, and Connecticut to reclassify the New 
York-Northern New Jersey-Long Island, NY-NJ-CT ozone nonattainment area 
from ``Moderate'' to ``Serious'' for the 2015 8-hour ozone national 
ambient air quality standards (NAAQS). This action does not reclassify 
any areas of Indian country within the boundaries of this ozone 
nonattainment area.

DATES: This rule is effective on July 25, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2024-0310. 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, i.e., 
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 at https://www.regulations.gov, at the U.S. 
Environmental Protection Agency, EPA Region 1 Regional Office, Air and 
Radiation Division, 5 Post Office Square--Suite 100, Boston, MA, and at 
the U.S. Environmental Protection Agency, EPA Region 2 Regional Office, 
Air Programs Branch, 290 Broadway, New York, New York 10007-1866. EPA 
requests that if at all possible, you contact the contact listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and facility 
closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: For questions relating to Connecticut, 
contact Bob McConnell, Air and Radiation Division (Mail Code 5-MD), 
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, 
Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1046, or by 
email at [email protected], and for questions relating to New 
York and/or New Jersey, contact Fausto Taveras, Environmental 
Protection Agency, Region 2, 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. Reclassification of the New York-Northern New Jersey-Long Island, 
NY-NJ-CT Area to Serious Ozone Nonattainment
II. Statutory and Executive Order Reviews

I. Reclassification of the New York-Northern New Jersey-Long Island, 
NY-NJ-CT Area to Serious Ozone Nonattainment

    Effective August 3, 2018, the EPA classified the New York-Northern 
New Jersey-Long Island, NY-NJ-CT area under the CAA as ``Moderate'' for 
the 2015 8-hour ozone NAAQS. See 83 FR 25776 (June 4, 2018).This area 
is herein referred to as the NY-NJ-CT 2015 NAAQS nonattainment area. 
Classification of this area as a Moderate ozone nonattainment area 
established a requirement that the area attain the 2015 ozone NAAQS as 
expeditiously as practicable, but no later than six years from 
designation, i.e., August 3, 2024. On May 23, 2024, the New Jersey 
Department of Environmental Protection requested that the EPA 
reclassify the NY-NJ-CT 2015 NAAQS nonattainment area from moderate to 
Severe, or, in the alternative, to Serious if the States of New York 
and Connecticut did not both submit requests to reclassify the area to 
Severe but did submit requests to reclassify this area to Serious. On 
June 5, 2024, the New York Department of Environmental Conservation 
(NYSDEC) requested that the NY-NJ-CT 2015 NAAQS nonattainment area be 
reclassified to Serious, and on June 13, 2024, the Connecticut 
Department of Energy and the Environment also submitted a request that 
the NY-NJ-CT 2015 NAAQS nonattainment area be reclassified to Serious.
    We are approving these States' reclassification request under 
section 181(b)(3) of the Act, which provides for ``voluntary 
reclassification.'' Because the plain language of section 181(b)(3) 
mandates that we approve such a request, the EPA is granting the 
States' request for voluntary reclassification under section 181(b)(3) 
for the NY-NJ-CT 2015 NAAQS nonattainment area for the 2015 ozone 
NAAQS, and the EPA is reclassifying the area from Moderate to Serious. 
Because of this action, the NY-NJ-CT 2015 NAAQS nonattainment area must 
now attain the 2015 ozone NAAQS as expeditiously as practicable, but no 
later than nine years from the date of the initial designation as 
nonattainment, i.e., August 3, 2027. Applicable SIP requirements and 
deadlines associated with the reclassification will be addressed in a 
separate notice.
    Within the geographic boundaries of the NY-NJ-CT 2015 NAAQS 
nonattainment area Indian country exists under the jurisdiction of the 
Shinnecock Indian Nation. Because the State of New York does not have 
jurisdiction over Indian country located within its borders, NYSDEC's 
request to reclassify the NY-NJ-CT 2015 NAAQS nonattainment area does 
not apply to this area of Indian country. The EPA implements Federal 
CAA programs, including reclassifications, in Indian country consistent 
with our discretionary authority under sections 301(a) and 301(d)(4) of 
the CAA. The EPA has not received a reclassification request from any 
Tribe with jurisdiction within the NY-NJ-CT 2015 NAAQS nonattainment 
area. In this action, we are adding regulatory text to 40 CFR part 81 
to indicate that the area under the jurisdiction of the Shinnecock 
Indian

[[Page 60315]]

Nation will retain the Moderate classification and the areas under the 
jurisdiction of the States will be reclassified as Serious.
    The EPA has determined that this action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are ``impracticable, unnecessary or contrary to the 
public interest.'' The EPA has determined that public notice and 
comment for this action is unnecessary because our action to approve 
voluntary reclassification requests under CAA section 181(b)(3) is 
nondiscretionary both in its issuance and in its content. As such, 
notice and comment rulemaking procedures would serve no useful purpose.
    The EPA also finds that there is good cause under APA section 
553(d)(3) for this reclassification to become effective on the date of 
publication. Section 553(d)(3) of the APA allows an effective date of 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' 5 U.S.C. 
553(d)(3). The purpose of the 30-day waiting period prescribed in APA 
section 553(d)(3) is to give affected parties a reasonable time to 
adjust their behavior and prepare before the final rule takes effect. 
This rule, however, does not create any new regulatory requirements 
such that affected parties would need time to prepare before the rule 
takes effect. The schedule for required plan submittals for the NY-NJ-
CT 2015 NAAQS nonattainment area under the new classification will be 
proposed in a separate action. For this reason, the EPA finds good 
cause under APA section 553(d)(3) for this reclassification to become 
effective on the date of publication.

II. Statutory and Executive Order Reviews

    Under the Clean Air Act 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 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); and
     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 request is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian Tribe has 
demonstrated that a Tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. Connecticut, New York, 
and New Jersey did not evaluate environmental justice considerations as 
part of their submittals; 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.
    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 September 23, 2024. 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 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone.

    Dated: July 17, 2024.
David Cash,
Regional Administrator, EPA Region 1.
    Dated: July 18, 2024.
Lisa Garcia,
Regional Administrator, EPA Region 2.

    For the reasons set out in the preamble, the Environmental 
Protection Agency amends 40 CFR Chapter 1 as set forth below:

[[Page 60316]]

PART 81--DESIGNATION FOR AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

Subpart C--[Amended]

0
2. In Sec.  81.307 the table entitled ``Connecticut--2015 8-Hour Ozone 
NAAQS'' is amended by revising the entry for ``New York-Northern New 
Jersey-Long Island, NY-NJ-CT'' to read as follows:


 Sec.  81.307  Connecticut.

* * * * *

                                                          Connecticut--2015 8-Hour Ozone NAAQS
                                                                 [Primary and Secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Designation                                              Classification
        Designated area \1\         --------------------------------------------------------------------------------------------------------------------
                                              Date \2\                       Type                          Date \2\                       Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
New York-Northern New Jersey-Long    .........................  Nonattainment.................  July 25, 2024.................  Serious.
 Island, NY-NJ-CT.
Fairfield County...................
Middlesex County...................
New Haven County...................
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
  in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
  area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.


0
3. In Sec.  81.331 the table entitled ``New Jersey--2015 8-Hour Ozone 
NAAQS'' is amended by revising the entry for ``New York-Northern New 
Jersey-Long Island, NY-NJ-CT'' to read as follows:


 Sec.  81.331  New Jersey.

* * * * *

                                                           New Jersey--2015 8-Hour Ozone NAAQS
                                                                 [Primary and Secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Designation                                              Classification
        Designated area \1\         --------------------------------------------------------------------------------------------------------------------
                                              Date \2\                       Type                          Date \2\                       Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
New York-Northern New Jersey-Long    .........................  Nonattainment.................  July 25, 2024.................  Serious.
 Island, NY-NJ-CT.
Bergen County......................
Essex County.......................
Hudson County......................
Hunterdon County...................
Middlesex County...................
Monmouth County....................
Morris County......................
Passaic County.....................
Somerset County....................
Sussex County......................
Union County.......................
Warren County......................
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
  in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
  area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

* * * * *

0
4. In Sec.  81.333 the table entitled ``New York--2015 8-Hour Ozone 
NAAQS'' is amended by revising the entry for ``New York-Northern New 
Jersey-Long Island, NY-NJ-CT'' and adding an entry at the end of the 
table for ``Shinnecock Indian Nation''.
    The revision and addition reads as follows:


 Sec.  81.333  New York.

* * * * *

                                                            New York--2015 8-Hour Ozone NAAQS
                                                                 [Primary and Secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Designation                                              Classification
        Designated area \1\         --------------------------------------------------------------------------------------------------------------------
                                              Date \2\                       Type                          Date \2\                       Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
New York-Northern New Jersey-Long    .........................  Nonattainment.................  July 25, 2024.................  Serious.
 Island, NY-NJ-CT.
Bronx County.......................
Kings County.......................
Nassau County......................

[[Page 60317]]

 
New York County....................
Queens County......................
Richmond County....................
Rockland County....................
Suffolk County.....................
Westchester County.................
Shinnecock Indian Nation...........  .........................  Nonattainment.................  August 3, 2018................  Moderate.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
  in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
  area is not a determination that the State has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

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[FR Doc. 2024-16244 Filed 7-24-24; 8:45 am]
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