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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Proposed Rules
results from the Ozone Transport Commissions OTCs SIP air quality modeling.7 The model used by the OTC
was the Community Multi-scale Air Quality Model version 5.0.2 CMAQ.
This model is a photochemical grid model capable of simulating ozone production on a regional or national scale. The OTC CMAQ model projected 20152017 design value results indicating that all air quality monitors in the NY-NJ-CT nonattainment area will attain the 1997 ozone NAAQS in 2017.
In summary, the photochemical grid modeling used by New Jersey and New York in their SIP submittals to demonstrate attainment of the 1997
ozone NAAQS meets the EPAs guidelines and is acceptable to the EPA.
Air quality monitoring data for 2014
2016 also demonstrates attainment of the 1997 8-hour ozone standard throughout the NY-NJ-CT area, as have the subsequent design values for 2015
2017, 20162018 and 20172019.8 The purpose of the attainment demonstration is to demonstrate how, through enforceable and approvable emission reductions, an area will meet the standard by the attainment date.
New York and New Jersey have already adopted, submitted, approved and implemented all necessary ozone control measures necessary for attainment of the 1997 ozone NAAQS.
Based on: 1 The States following the EPAs modeling guidance, 2 the modeled attainment of 1997 standard, 3 the air quality monitoring data for 20142016, 20152017, 20162018, 20172019, and 4 the implemented SIP-approved control measures, the EPA
is proposing to approve the attainment demonstration analyses for the 1997
ozone NAAQS for the New Jersey and New York portion of the NY-NJ-CT area.
The EPA is not taking action on the other elements of the State submittals.

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V. Proposed Action The EPA has evaluated the information provided by New Jersey and New York and has considered all other information it deems relevant to a demonstration of attainment of the 1997
8-hour ozone standard and the continued attainment of the 1997 8-hour ozone standard based on the modeling, the quality assured and certified 7 The OTC modeling results are available in the Technical Support Document for the 2011 Ozone Transport Commission/Mid-Atlantic Northeastern Visibility Union Modeling Platform, November 15, 2016 in the docket for this action.
8 The design values are available on the EPAs website at: www.epa.gov/air-trends/air-qualitydesign-valuesreport. The 20152017 DV is 0.083
ppm, the 20162018 DV is 0.082 ppm and the 20172019 DV is 0.082 ppm.

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monitoring data, and the implementation of the more stringent 2008 8-hour ozone standard. The EPA is therefore proposing to approve New Jerseys and New Yorks attainment demonstrations for the states respective portions of the NY-NJ-CT area for the 1997 ozone NAAQS. This proposed rulemaking is intended to address the EPAs obligations to act on the 1997 8hour standard attainment demonstration portions of the New Jersey January 2, 2018 submittal and the New York November 13, 2017 submittal addressing the NY-NJ-CT nonattainment area.
The EPA is soliciting public comments on the issues discussed in this proposal. Any timely comment submitted will be considered before the EPA takes final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments as discussed in the ADDRESSES section of this rulemaking.
VI. 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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 Order 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. 1044;
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
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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 12d 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 CAA; and Does not provide 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, this proposed rulemaking action, pertaining to New Yorks and New Jerseys 1997 8-hour ozone attainment demonstration submissions 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.
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, Particulate matter, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 8, 2021.
Walter Mugdan, Acting Regional Administrator, Region 2.
FR Doc. 202112621 Filed 61721; 4:15 pm BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR05OAR20200544, EPAR05
OAR20210144; FRL1002494Region 5

Air Plan Approval; Illinois; National Ambient Air Quality Standards Updates; Reference and Equivalent Methods Updates Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

SUMMARY: The Environmental Protection Agency EPA is proposing to approve
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