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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
available electronically through http
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:

Omar Hammad, Air Planning Section, Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New York 100071866, 212 6373347.
The Supplementary Information section is arranged as follows:

SUPPLEMENTARY INFORMATION:

Table of Contents I. Background and Purpose II. Summary of Action and Comments Received III. Final Action IV. Statutory and Executive Order Reviews
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I. Background and Purpose On June 21, 2021 86 FR 32363 and June 24, 2021 86 FR 33154 1 the Environmental Protection Agency EPA
published a Notice of Proposed Rulemaking NPRM for New Jersey and New York. In that proposed rulemaking action, the EPA proposed to approve a portion of New Jerseys and New Yorks SIP revision submitted on January 2, 2018 and November 13, 2017
respectively, for attainment of the 1997
84 parts per billion ppb 8-hour ozone National Ambient Air Quality Standards NAAQS. New Jersey and New York previously submitted attainment demonstrations for the 1997 84 ppb 8hour 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rescinded the CDD since the EPA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. The 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 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.
1 The proposed rule was published twice due to a clerical error.

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II. Summary of Action and Comments Received As discussed in the proposed rule at 86 FR 32363, June 21, 2021, and at 86
FR 33154, June 24, 2021, the EPA
reviewed the photochemical grid modeling used by New Jersey and New York in their SIP submittal to demonstrate attainment of the 1997
ozone NAAQS and determined that the modeling meets the EPAs guidelines and is acceptable to the EPA. Air quality monitoring data for 20142016 and certified data for 2017, 2018 and 2019
in the NY-NJ-CT area and the subsequent design values for 2015
2017, 20162018 and 20172019 also demonstrate attainment of the 1997 8hour ozone standard throughout the NYNJ-CT area. 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. All necessary ozone control measures have already been adopted, submitted, approved and implemented. Also discussed in further detail in the proposed rulemaking and 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 approving the New Jersey and New York attainment demonstrations for the 1997 ozone NAAQS for their portions of the NY-NJ-CT area.
Other specific requirements of an attainment demonstration and the rationale for the EPAs proposed action is explained in more detail in the NPRM. The EPA did not receive any comments during the comment period.
III. Final Action The EPA is approving the attainment demonstration for the New Jersey and New York portions of the NY-NJ-CT
nonattainment area for the 1997 ozone NAAQS. This rulemaking addresses the EPAs obligations to act on New Jerseys January 2, 2018 and New Yorks November 13, 2017 SIP revision for the 1997 ozone NAAQS.
IV. 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
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the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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 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 the 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 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 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.
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
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