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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Proposed Rules
evidence demonstrating that ozone causes adverse health effects at lower ozone concentrations, over longer periods of time, than the former 1-hour ozone standard. The EPA determined that the 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.
On April 30, 2004 69 FR 23858, the EPA finalized its attainment/
nonattainment designations for areas across the country with respect to the 1997 8-hour ozone standard of 84 ppb.
These actions became effective on June 15, 2004. Among those nonattainment areas was the NY-NJ-CT area. The NYNJ-CT nonattainment area is composed of: Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union, and Warren Counties in New Jersey; Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester Counties in New York; and Fairfield, Middlesex, and New Haven Counties in Connecticut.
On April 30, 2004 69 FR 23951, the EPA also promulgated the Phase 1 8hour ozone implementation rule which provided details about the classification of areas designated nonattainment for the 1997 8-hour ozone standard. The designations triggered the CAA
requirements under section 182b for Moderate nonattainment areas, including a requirement to submit an attainment demonstration. The EPAs Phase 2 8-hour ozone implementation rule Phase 2 rule, published on November 29, 2005 70 FR 71612, specifies that states must submit attainment demonstrations for their nonattainment areas to the EPA by no later than three years from the effective date of designation, that is June 15, 2007. See 40 CFR 51.908a.
Subsequently, New Jersey and New York submitted the associated SIP
revisions to present their respective plans to attain the 1997 84 ppb 8-hour ozone standard for the NY-NJ-CT
nonattainment area. New Jersey submitted a SIP detailing plans to attain the 1997 standard on October 29, 2007, while New York submitted their SIP on February 8, 2008. EPA approved both SIPs on February 11, 2013. 78 FR 9596
February 11, 2013.
On March 12, 2008 73 FR 16436, the EPA revised the ozone NAAQS to a level of 75 ppb to further increase the protection of public health and the environment. State and Federal emission reduction efforts adopted to meet the 1997 8-hour ozone standard continued with the implementation of
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the 2008 ozone NAAQS. On May 21, 2012 77 FR 30088, the EPA designated the NY-NJ-CT as a Marginal ozone nonattainment area for the 2008 ozone NAAQS. See 40 CFR 81.307, 81.331, and 81.333. As a result of its Marginal classification, the area was required to attain the 2008 ozone standard by July 20, 2015 but was not required to submit an attainment demonstration for the 2008 ozone standard. 42 U.S.C 7511aa.
On May 4, 2016, the EPA determined that the NY-NJ-CT nonattainment area failed to attain by the attainment date, resulting in the area to be reclassified from a Marginal to a Moderate nonattainment area. 81 FR 26697 May 4, 2016. State attainment plans for the 2008 Moderate ozone NAAQS
nonattainment areas were due by January 1, 2017. 81 FR 26697 May 4, 2016. Furthermore, the EPA once again revised the ozone NAAQS in 2015, setting both levels of the primary and secondary NAAQS at 70 ppb. 80 FR
65292 October 26, 2015. The NY-NJCT area was designated by the EPA as a Moderate nonattainment area for the 2015 ozone NAAQS. 83 FR 25776 June 4, 2018.
On June 18, 2012, the EPA issued a CDD for the NY-NJ-CT area with respect to the 1997 8-hour ozone NAAQS and determined that the area attained the 1997 standard by the June 15, 2010
attainment deadline. 77 FR 36163 June 18, 2012. The purpose of the CDD was to suspend the involved states obligations to submit attainment-related planning requirements, including the obligation to submit attainment demonstrations, reasonably available control measures RACM, reasonable further progress RFP plans, and contingency measures with respect to the 1997 8-hour ozone standard. On May 15, 2014 79 FR 27830, the EPA
proposed to rescind the CDD for the area based on the 20102012 monitoring data showing the area was no longer attaining the 1997 8-hour ozone standard, and the EPA proposed a SIP
Call for submittal of a new ozone attainment demonstration for the NYNJ-CT area for the 1997 ozone NAAQS.
As an alternative to submitting a new attainment demonstration for the 1997
ozone NAAQS, the EPA proposed to affected states to respond to the SIP Call by voluntarily requesting they be reclassified to Moderate for the 2008
ozone standard, therefore the states would prepare SIP revisions demonstrating how they would attain the more stringent 2008 standard.
However, the NY-NJ-CT area failed to attain the 2008 ozone NAAQS by the applicable attainment date of July 20,
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2015. 80 FR 51992 August 27, 2015. By the operation of law, the NY-NJ-CT area was reclassified to Moderate nonattainment for the 2008 ozone standard. This effectively eliminated the need for the three states involved to voluntarily request reclassification. The NY-NJ-CT area submitted Moderate nonattainment plans for the more stringent 2008 ozone standard, satisfying the final SIP Call for the 1997
ozone standard, since an approvable plan would demonstrate attainment of a more stringent NAAQS. 81 FR 26687
May 4, 2016. Both New Jersey and New York submitted combined attainment demonstrations for the 1997
and 2008 ozone standards for their portions of the NY-NJ-CT area. New Jersey submitted its SIP revision to the EPA on January 2, 2018 and New York submitted its SIP revision to the EPA on November 13, 2017. Connecticut submitted comprehensive revisions to its SIP for the 8-hour ozone NAAQS on August 8, 2017 and the EPA approved the 1997 8-hour ozone NAAQS
attainment demonstration revision in that submittal. 83 FR 39890 August 13, 2018.
B. Moderate Nonattainment Area and Anti-Backsliding Requirements The EPAs November 29, 2005 Phase 2 ozone implementation rule addresses, among other things, the control obligations that apply to areas designated nonattainment for the 1997
8-hour ozone NAAQS. The Phase 1 and Phase 2 ozone implementation rules outline the SIP requirements and deadlines for various requirements in areas designated as Moderate nonattainment. For such areas, modeling and attainment demonstrations with projection year emission inventories were due by June 15, 2007, along with RFP plans, RACM, motor vehicle emissions budgets and contingency measures 40 CFR 51.908a and c, 51.910, 51.912. In addition, Moderate nonattainment areas were also required to submit a reasonably available control technology RACT
SIP. New Jersey and New York previously submitted attainment demonstrations to present plans to attain the 1997 84 ppb 8-hour ozone standard and were approved by the EPA. 78 FR 9596 February 11, 2013.
On June 18, 2012, the EPA issued a Clean Data Determination CDD for the 1997 84 ppb 8-hour ozone standard for the NY-NJ-CT Nonattainment area. 77
FR 17341 March 26, 2012. However, on May 4, 2016, EPA rescinded the CDD
since EPA determined that areas within the NY-NJ-CT Nonattainment area exceeded the 1997 84 ppb standard
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