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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules FOR FURTHER INFORMATION CONTACT:

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR02OAR20200613; FRL1002496
Region 2

Approval and Promulgation of Implementation Plans; New Jersey and New York; 1997 Ozone Attainment Demonstrations for the NY-NJ-CT
Nonattainment Area Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve revisions to the ozone attainment portions of the State Implementation Plan SIP submitted by the states of New Jersey and New York to meet the Clean Air Act CAA requirements for attaining the 1997 8-hour ozone national ambient air quality standard NAAQS.
Specifically, the EPA is proposing to approve New Jerseys and New Yorks demonstrations of attainment of the 1997 8-hour ozone NAAQS for their portions of the New York-Northern New Jersey-Long Island NY-NJ-CT Moderate 1997 8-hour ozone nonattainment area hereafter, the NY-NJ-CT area or the NYNJ-CT nonattainment area. This action is being taken under the Clean Air Act.
DATES: Written comments must be received on or before July 26, 2021.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA
R02OAR20200613 at http
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 http www2.epa.gov/dockets/
commenting-epa-dockets.

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SUMMARY:

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Omar Hammad, Environmental Protection Agency, 290 Broadway, New York, New York 100071866, at 212
6373347, or by email at Hammad.Omar@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is the EPA proposing?
II. What is the background for this proposed rulemaking?
A. History of NY-NJ-CT Nonattainment Area B. Moderate Nonattainment Area and AntiBacksliding Requirements III. What is the EPA proposing to approve?
IV. What is the EPAs basis for proposing to approve the 1997 attainment demonstration analysis?
A. Air Quality Data and Attainment Determinations B. Components of the Modeled Attainment Demonstrations C. The EPAs Evaluation V. Proposed Action VI. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
A. History of NY-NJ-CT Nonattainment Area The Environmental Protection Agency EPA is proposing to approve the ozone attainment demonstration portions of the comprehensive State Implementation Plan SIP revisions submitted by New Jersey and New York to meet Clean Air Act requirements for attaining the 1997 84 parts per billion ppb 8-hour ozone National Ambient Air Quality Standards NAAQS. New Jersey submitted its SIP revision to the EPA on January 2, 2018 1 and New York submitted its SIP revision to the EPA on November 13, 2017.2 New Jersey and New York previously submitted attainment demonstrations for the 1997
84 ppb 8-hour ozone standard which 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 NYNJ-CT area based on the attainment demonstrations submitted by the two States. 77 FR 36163 March 26, 2012.
However, on May 4, 2016, EPA
rescinded the CDD since EPA
determined that areas within the NY-NJCT area exceeded the 1997 84 ppb standard based on 20102012
monitoring data. 81 FR 26697 May 4, 2016. EPA simultaneously issued a SIP
Call for the affected states within the nonattainment area to address the 1997
84 ppb 8-hour ozone standard. The SIP
revisions submitted by New Jersey and 1 Submittal letter dated December 22, 2017 and received by the EPA January 2, 2018.
2 Submittal letter dated November 10, 2017 and received by the EPA November 13, 2017.

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New York address the attainment demonstration requirements of the May 4, 2016 SIP Call. The EPAs review of this material indicates that ambient air quality monitors within the NY-NJ-CT
area are attaining the 1997 ozone NAAQS.
II. What is the background for this proposed rulemaking?
In 1997, the EPA revised the healthbased NAAQS for ozone, setting it at 84
ppb parts per billion averaged over an 8-hour time frame. The EPA set the 8hour ozone standard based on scientific 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

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