58202 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s 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 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); 

• 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 CAA; and 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 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.’’ The Maryland Department of 

the Environment did not evaluate 

environmental justice considerations as 

part of its SIP submittal; 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. 

In addition, this proposed rulemaking 

action, pertaining to Maryland regional 

haze SIP submission for the second 

planning period, 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

Reference, Nitrogen dioxide, Ozone, 

Particulate matter, Sulfur oxides. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2023–18278 Filed 8–24–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2022–0648, FRL–11358– 

01–R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Elements of the 2008 and 2015 Ozone 

National Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of New 

York for purposes of certifying and 

meeting the requirements for 

Reasonably Available Control 

Technology (RACT) for the Serious 

classification of the 2008 and Moderate 

classification of the 2015 8-hour Ozone 

National Ambient Air Quality Standards 

(NAAQS). The EPA is also proposing to 

approve that this SIP revision fulfills 

SIP requirements pertaining to the 

Ozone Transport Region (OTR) for the 

2015 Ozone NAAQS. The EPA is 

proposing to approve the demonstration 

portion of the comprehensive SIP 

revision submitted by New York that 

certify that the State has satisfied the 

requirements for an Ozone 

nonattainment new source review 

program, certify that the State has 

satisfied the requirements for a 

nonattainment emission inventory, and 

certify that the State has satisfied the 

requirements for clean fuels for fleets. 

The EPA is also proposing to approve 

New York’s reasonable further progress 

plans and motor vehicle emissions 

budgets for both the Moderate and 

Serious classifications of the 2008 

Ozone NAAQS. 

DATES: Written comments must be 

received on or before September 25, 

2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2022–0648 at https://

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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules 58203 

1The EPA has defined RACT as the lowest 

emission limitation that a particular source is 

capable of meeting by the application of control 

technology that is reasonably available considering 

technological and economic feasibility (44 FR 

53762, September 17, 1979). 

2 In New York’s January 29, 2021 submittal, the 

State certifies that an EPA-approved emission 

statement program satisfies the CAA Section 

182(a)(3)(B) SIP Requirement for the 2015 8-hour 

Ozone NAAQS. New York’s certification for its 

emission statement program requirement for the 

2015 8-hour Ozone NAAQS will be addressed 

under a separate future rulemaking and is not 

addressed within this proposal. 

3 Information pertaining to areas of Indian 

country is intended for CAA planning purposes 

only and is not an EPA determination of Indian 

country status or any Indian country boundary. The 

EPA lacks the authority to establish Indian country 

land status and makes no determination of Indian 

country boundaries at 77 FR 30088 (May 21, 2012). 

4 In 2019 the NY-NJ-CT nonattainment area was 

reclassified to serious nonattainment. 84 FR 44238 

(August 23, 2019). The serious area attainment date 

and the deadline for RACT measures not tied to 

attainment is July 20, 2021. 84 FR 44238. 

5CAA Section 184(a) established a single ozone 

transport region (OTR) comprising all or part of 12 

eastern States and the District of Columbia. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3378, or by email at 

Taveras.Fausto@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. What did New York submit? 

II. Background 

III. Summary and Evaluation of New York’s 

SIP Submittals 

a. RACT Certifications 

b. Additional Certifications 

IV. EPA’s Proposed Action 

V. Statutory and Executive Order Reviews 

I. What did New York submit? 

On January 29, 2021, New York 

submitted a State implementation plan 

(SIP) revision for purposes of meeting 

the requirement for Reasonably 

Available Control Technology (RACT) 1

for the 2008 8-hour Ozone National 

Ambient Air Quality Standard (NAAQS 

or standard) in New York’s portion of 

the New York-Northern New JerseyLong Island (NY-NJ-CT) nonattainment 

area (also referred to as the New York 

Metro Area or NYMA) for the Serious 

classification.2 The submittal was also 

meant to satisfy New York’s 

requirement for RACT for the 2015 

NAAQS in the NYMA and the 

requirements for RACT for the 2015 

NAAQS throughout the State for New 

York’s commitment to meet RACT 

within the Ozone Transport Region 

(OTR). New York also submitted a 

comprehensive SIP revision on 

November 29, 2021, which includes the 

reasonable further progress plan and 

motor vehicle emissions budgets (MVEB 

or Budgets) for the 2008 Ozone Serious 

classification of NYMA, certifying that 

the State has satisfied the requirements 

for an Ozone nonattainment new source 

review (NNSR) program, certifying that 

the State has satisfied the requirements 

for a nonattainment emission inventory, 

and certifying that the State has satisfied 

the requirements for clean fuels for 

fleets. In addition, New York also 

submitted a comprehensive SIP revision 

on November 13, 2017. Within that 

submittal, New York included the 

reasonable further progress plan and 

MVEB for the 2008 Ozone Moderate 

classification of the NYMA. 

II. Background 

In 2008, EPA revised the health-based 

NAAQS for Ozone, setting it at 0.075 

parts per million (ppm) averaged over 

an 8-hour time frame. See 73 FR 16435 

(March 27, 2008). The EPA determined 

that the revised 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. See 

id. 

On April 30, 2012, the EPA finalized 

its attainment/nonattainment 

designations for areas across the country 

with respect to the 2008 8-hour Ozone 

Standard. See 77 FR 30088 (May 21, 

2012). This action became effective on 

July 20, 2012. The two 8-hour Ozone 

marginal nonattainment areas located in 

New York State are the New York 

portion of the NYMA and the 

Jamestown nonattainment area. The 

remainder of New York State was 

designated as unclassifiable/attainment. 

The New York portion of the NYMA, is 

composed of the five boroughs of New 

York City and the surrounding counties 

of Nassau, Suffolk, Westchester, 

Rockland, and the Shinnecock Indian 

Nation.3 40 CFR 81.333. The Jamestown 

nonattainment area is composed of 

Chautauqua County. See id. In 2016, the 

EPA determined that Jamestown 

attained the 2008 Ozone Standard by 

the July 20, 2015, attainment date and 

that the NYMA nonattainment area did 

not attain the 2008 Ozone Standard by 

the applicable attainment date and was 

reclassified from a marginal to a 

moderate nonattainment area. See 81 FR 

26697 (May 4, 2016).4 State attainment 

plans for Moderate nonattainment areas 

were due by January 1, 2017. See id. 

Since the NYMA was reclassified to a 

Moderate nonattainment area, New 

York, on November 13, 2017, submitted 

a comprehensive SIP revision, including 

an attainment demonstration and 

reasonable further progress plan among 

other SIP required elements, related to 

the 2008 8-hour Ozone standard for the 

Moderate classification. Subsequently, 

the NYMA Moderate nonattainment 

area also failed to meet the Moderate 

area attainment date. Therefore, on 

August 23, 2019, EPA published a final 

rule that reclassified the NYMA, and 

other State’s nonattainment areas, from 

Moderate to Serious. See 84 FR 44238 

(August 23, 2019). Because the NYMA 

nonattainment area also failed to meet 

the Serious area attainment date, on 

September 15, 2022, the EPA published 

a final rule that reclassified the NYMA, 

along with other State’s nonattainment 

area, from Serious to Severe. See 87 FR 

60926 (October 7, 2022). This 

reclassification to Severe resulted in a 

revised attainment date for the NYMA 

of July 20, 2027. See id. RACT 

requirements tied to the Severe 

classification are due on May 7, 2024. 

See id. 

The counties in the New York portion 

of the NYMA (and part of Orange 

County) were previously classified 

under the 1979 1-hour Ozone NAAQS 

as Severe, requiring RACT, while the 

remaining counties in the State were 

subject to RACT as part of the Moderate 

classification or as part of the Ozone 

Transport Region (OTR). See 77 FR 

36165.5 Under the 2008 8-hour Ozone 

Standard, in areas classified as 

Moderate or located in the OTR (which 

includes all of New York State), a RACT 

determination is required for major 

stationary sources that emit or have the 

potential to emit 50 tons per year for 

VOC and 100 tons per year for NOX. See 

87 FR 21825 (April 13, 2022). As 

required by the anti-backsliding 

provisions of the CAA, for purposes of 

the RACT analysis for the 2008 Ozone 

standard, New York retained the 1-hour 

Ozone plan emission threshold of 25 

tons per year or more for either NOX or 

VOC for major sources in the New York 

portion of NYMA and portions of 

Orange County that were classified as 

Severe under the 1979 1-hour standard. 

See 40 CFR part 51.905. 

Sections 182(b)(2) of the CAA require 

States to implement RACT in areas 

classified as Moderate (and higher) 

nonattainment for Ozone, while section 

184(b)(1)(B) of the CAA requires VOC 

RACT in States located in the OTR, and 

section 182(f) requires NOX RACT. 

RACT must be implemented for all 

major VOC and NOX emission sources 

and for all sources covered by a control 

technique guideline (CTG). A CTG is a 


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58204 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules 

6Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 

2021). 

document issued by the EPA which 

provides recommendations to inform 

State, local, and Tribal air agencies as to 

what constitutes RACT for a specific 

VOC source category. States must 

submit rules, or negative declarations 

when the State has no such sources, for 

CTG source categories. A related set of 

documents, Alternative Control 

Techniques (ACT) documents, exists 

primarily for NOX control requirements. 

RACT must be imposed on major 

sources of NOX, and some of those 

major sources may be within a sector 

covered by an ACT document. 

On March 6, 2015, the EPA published 

a final rule that outlines the obligations 

that areas found to be in nonattainment 

of the 2008 Ozone NAAQS need to 

address (2008 Ozone Implementation 

Rule). See 80 FR 12264. This rule 

contains, among other things, a 

description of the EPA’s expectations 

for States with RACT obligations. The 

2008 Ozone Implementation Rule 

provides that States could meet RACT 

through the establishment of new or 

more stringent requirements that meet 

RACT control levels, through a 

certification that previously adopted 

RACT controls in the SIP, that were 

approved by the EPA under a prior 

Ozone NAAQS, represent adequate 

RACT control levels for attainment of 

the 2008 Ozone NAAQS, or a 

combination of these two approaches. In 

addition, a State must submit a negative 

declaration in instances where there are 

no sources covered by a given CTG. The 

2008 Ozone Implementation Rule 

requires that States with nonattainment 

areas were required to submit RACT 

SIPs to EPA within two years from the 

effective date of nonattainment 

designation, which for the areas at issue 

here was July 20, 2014. 

Regarding the 2015 Ozone NAAQS, 

on June 4, 2018, EPA published a final 

rule establishing designations and 

classifications for this standard for most 

areas of the country, including New 

York. See 83 FR 25776 (June 4, 2018). 

This final rule created a Moderate 

nonattainment area within the NYMA 

which includes, within New York, the 

five boroughs of New York City and the 

surrounding counties of Nassau, 

Suffolk, Westchester, Rockland and the 

Shinnecock Indian Nation. 

Additionally, on December 6, 2018, EPA 

published a final rule outlining 

requirements for States to follow as they 

implement the 2015 Ozone NAAQS 

(2015 Ozone Implementation Rule). (See 

83 FR 62998, December 6, 2018). The 

rule contains RACT and NNSR 

requirements similar to those outlined 

within the 2008 Ozone Implementation 

Rule, although the discretionary interpollutant trading program provided for 

within the NNSR portion of the rule was 

subsequently voided. 

Regarding NNSR, the minimum SIP 

requirements for NNSR permitting 

programs for the 2008 and the 2015 

Ozone NAAQS are located in 40 CFR 

51.165. These NNSR program 

requirements include those promulgated 

in the ‘‘Phase 2 Rule’’ implementing the 

1997 8-hour Ozone NAAQS (See 70 FR 

71612, November 29, 2005) and the 

2008 Ozone Implementation Rule. 

Additionally, although the 2015 Ozone 

Implementation Rule included a 

provision to explicitly allow for interpollutant trading for meeting the 

emissions offset requirement for ozone, 

this provision was subsequently 

vacated.6 Under the Phase 2 Rule, the 

SIP for each ozone nonattainment area 

must contain NNSR provisions that: 

• Set major source thresholds for NOX

and VOC pursuant to 40 CFR 

51.165(a)(1)(iv)(A)(1)(i) through (iv) and 

(a)(1)(iv)(A)(2); 

• Classify physical changes at a major 

source if the change would constitute a 

major source by itself pursuant to 40 

CFR 51.165(a)(1)(iv)(A)(3); 

• Consider any significant net 

emissions increase of NOX as a 

significant net emissions increase for 

ozone pursuant to 40 CFR 

51.165(a)(1)(v)(E); 

• Consider increases of VOC 

emissions in extreme ozone 

nonattainment areas as significant net 

emissions increases and major 

modifications for ozone pursuant to 40 

CFR 51.165(a)(1)(v)(F); 

• Set significant emissions rates for 

VOC and NOX as ozone precursors 

pursuant to 40 CFR 51.165(a)(1)(x)(A) 

through (C) and (E); 

• Contain provisions for emissions 

reductions credits pursuant to 40 CFR 

51.165(a)(3)(ii)(C)(1) and (2); 

• Provide that the requirements 

applicable to VOC also apply to NOX

pursuant to 40 CFR 51.165(a)(8); and 

• Set offset ratios for VOC and NOX

pursuant to 40 CFR 51.165(a)(9)(i) 

through (iii) (renumbered as (a)(9)(ii) 

through (iv) under the 2008 Ozone 

Implementation Rule). 

Additionally, pursuant to the 2008 

Ozone Implementation Rule, areas 

designated as nonattainment for that 

standard that also remain nonattainment 

for the 1997 Ozone Standard must 

satisfy the anti-backsliding requirements 

of 40 CFR 51.1105. 

III. Summary and Evaluation of New 

York’s SIP Submittals 

a. RACT Certifications 

On January 29, 2021, New York 

submitted a determination that its 

regulatory framework for sources meets 

the criteria for RACT for purposes of the 

2015 Ozone NAAQS. The submittal also 

contained a certification that the State’s 

RACT requirements are sufficient to 

comprise RACT for the area’s Serious 

classification for the 2008 Ozone 

NAAQS. EPA approved New York’s 

statewide 2008 NAAQS RACT SIP 

submission for requirements associated 

with the Moderate area classification 

and the OTR on December 12, 2017, 

except the Agency conditionally 

approved New York’s submission with 

respect to sources covered by the 

industrial cleaning solvents CTG. See 82 

FR 58342. As of May 13, 2020, New 

York had a fully approved RACT SIP for 

purposes of the Moderate area 

classification and OTR requirements 

associated with the 2008 Ozone 

NAAQS. See 85 FR 28490. New York’s 

RACT submittal notes that its prior 

designation as a nonattainment area for 

the New York portion of the NYMA for 

the previous ozone standards resulted in 

the adoption of stringent controls for 

major sources of VOC and NOX, 

including RACT level controls. New 

York’s major source applicability 

threshold for both VOC and NOX have 

been maintained at 50 tons per year 

throughout the State and at 25 tons per 

year in the New York portion of the 

NYMA, due to anti-backsliding and the 

NYMA being designated as Severe for 

the one-hour Ozone Standard (See 56 

FR 56694, November 6, 1991) where the 

threshold is 25 tons per year. In 

accordance with the 2008 and 2015 

Ozone Implementation Rules, much of 

New York’s submittal consists of a 

review of RACT controls adopted under 

previous ozone standards and an 

indication of whether those previously 

adopted controls still represent RACT 

for the 2008 and 2015 Ozone NAAQS. 

Additionally, New York notes that as a 

member state of the OTR, it works with 

the Ozone Transport Commission to 

identify and adopt, as deemed 

appropriate, regulations on additional 

VOC and NOX categories beyond those 

for which EPA has issued CTGs or ACT 

documents. 

Appendix A of New York’s January 

29, 2021, submission lists the CTGs and 

ACTs and corresponding New York 

RACT regulations that cover existing 

sources in New York. For major nonCTG sources, RACT compliance is 

enforced through the SIP approved 

provisions in 6 NYCRR Part 212, 


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‘‘Process Operations.’’ On October 1, 

2021, the EPA approved New York’s 

revisions to Part 212 into the SIP to 

strengthen enforcement of New York’s 

air pollution control regulations (see 86 

FR 54375). 

New York evaluated its existing RACT 

regulations and requirements and 

determined that these measures 

continue to constitute RACT for 

purposes of the 2008 Ozone NAAQS 

Serious classification, the 2015 Ozone 

NAAQS Moderate classification, and 

OTR requirements for the 2015 Ozone 

NAAQS. New York certified that its 

current regulations still comprise RACT 

for all major sources of NOX/VOCs and 

all sources covered by CTGs where there 

is no negative declaration. In regard to 

NOX RACT regulations, New York 

certified that their following SIP 

approved regulations met the current 

requirements for RACT: Subpart 212–3, 

‘‘Reasonably Available Control 

Technology for Major Facilities’’ (86 FR 

54375, October 1, 2021), Subpart 212–4, 

‘‘Control of Nitrogen Oxides for Hot Mix 

Asphalt Production Plants’’ (86 FR 

54375, October 1, 2021), Part 214, 

‘‘Byproduct Coke Oven Batteries’’ (71 

FR 41163, July 20, 2006), Part 216, ‘‘Iron 

and/or Steel Processes’’ (71 FR 41163, 

July 20, 2006), Subpart 219–10, 

‘‘Reasonably Available Control 

Technology (RACT) for Oxides of 

Nitrogen (NOX) at Municipal and 

Private Solid Waste Incineration Units’’ 

(87 FR 33438, June 2, 2022), Subpart 

220–1, ‘‘Portland Cement Plants’’ (78 FR 

41846, July 12, 2013), Subpart 220–2, 

‘‘Glass Plants’’ (conditional approval 78 

FR 41846, July 12, 2013) and Subpart 

227–2, ‘‘Reasonably Available Control 

Technology (RACT) for Major Facilities 

of Oxides of Nitrogen (NOX)’’ (78 FR 

41846, July 12, 2013). 

In regard to VOC RACT regulations, 

New York certified that their following 

SIP approved regulations met the 

current requirements for RACT: Part 

203, ‘‘Oil and Natural Gas Sector’’ (87 

FR 52337, August 25, 2022), Subpart 

212–3, ‘‘Reasonably Available Control 

Technology for Major Facilities’’ (86 FR 

54375, October 1, 2021), Part 226, 

‘‘Solvent Cleaning Processes and 

Industrial Cleaning Solvents’’ (85 FR 

28490, May 13, 2020), Part 228, 

‘‘Surface Coating Processes, Commercial 

and Industrial Adhesives, Sealants and 

Primers’’ (79 FR 12082, March 4, 2014), 

Part 229, ‘‘Petroleum and Volatile 

Organic Liquid Storage and Transfer’’ 

(62 FR 67006, December 23, 1997), Part 

230, ‘‘Gasoline Dispensing Sites and 

Transport Vehicles’’ (63 FR 23668, April 

30, 1998), Part 233, ‘‘Pharmaceutical 

and Cosmetic Manufacturing Processes’’ 

(62 FR 67006, December 23, 1997), Part 

234, ‘‘Graphic Arts’’ (77 FR 13974, 

March 8, 2012). Within New York’s 

January 29, 2021, SIP revision, the State 

noted that it was in the process of 

revising Part 230 to incorporate Federal 

standards for gasoline dispensing 

facilities pursuant to 40 CFR Subpart 

CCCCCC. This regulatory update was 

submitted to the EPA on March 3, 2021 

and was approved into New York’s SIP 

on February 9, 2023. See 88 FR 8371. 

In regard to negative declarations, 

New York reviewed the CTG and ACT 

categories and determined that their 

previously approved negative 

declarations remain valid. Based on the 

emission inventory and emission 

statements for New York, the State 

certified that there are no sources 

located within the State for the 

following six CTGs: Manufacture of 

Vegetable Oils; Manufacture of HighDensity Polyethylene, Polypropylene 

and Polystyrene Resins; Natural Gas/ 

Gasoline Processing Plants; Air 

Oxidation Processes in Synthetic 

Organic Chemical Manufacturing 

Industry; Fiberglass Boat Manufacturing 

Materials; Agricultural Pesticides. In 

New York’s January 29, 2021, RACT 

submittal for the Serious classification 

of the 2008 Ozone standard, Moderate 

classification for the 2015 Ozone 

Standard, and OTR requirements related 

to the 2015 Ozone NAAQS New York 

recertifies that this previously approved 

negative declaration for the CTGs listed 

above remains valid. In this proposed 

action, the EPA is proposing that the 

State’s negative declaration for the six 

CTGs listed above remain valid and 

satisfies the requirements for the 2008 

Ozone NAAQS Serious classification, 

the 2015 Ozone standard Moderate 

classification and requirements 

associated with the OTR for the 2015 

Ozone NAAQS (82 FR 58342, December 

12, 2017); 40 CFR 52.1683(a) and (b). 

Regarding source specific RACT 

determinations, New York submits 

certain source specific RACT 

determinations to EPA as SIP revisions. 

In instances where a facility is unable to 

meet the relevant categorical RACT 

limit due to technical or economic 

infeasibility, an alternative RACT limit, 

also called a variance, is agreed to by 

DEC and the facility owner. Some 

regulations (e.g., Part 220, ‘‘Portland 

Cement Plants and Glass Plants’’) do not 

define categorical RACT limits due to 

the uniqueness of each facility; in these 

cases, each regulated facility performs a 

complete RACT analysis from which a 

facility-specific emission limit is 

established. A case-by-case RACT 

analysis may also be required for 

sources that are not in a source category 

covered by an existing State RACT 

regulation or addressed by a CTG. 

New York has periodically submitted 

source specific RACT determinations for 

multiple facilities under a bundled SIP 

submittal approach to EPA. Previous 

bundles were submitted to the EPA in 

2008, 2010, and 2013. This included 34 

RACT determinations bundled into one 

submittal on September 16, 2008, and 

15 RACT determinations bundled into 

one submittal on August 30, 2010, for 

various regulated RACT rules (e.g., Part 

212–3, ‘‘RACT for Major Facilities,’’ and 

Part 220, ‘‘Portland Cement Plants and 

Glass Plants’’). In addition, on December 

18, 2013, New York submitted a bundle 

of six RACT determinations for Portland 

cement plants and glass plants regulated 

under Part 220. On May 7, 2020, New 

York withdrew 14 previously submitted 

RACT determinations because the 

facilities are no longer in operation or 

no longer need SIP approval due to 

changes in operations. EPA Region 2 

continues to coordinate with NYSDEC 

to address the submittal status of the 

remaining source specific SIPs. Once 

submitted, these source specific SIPs 

will be addressed in future separate 

actions. Appendix B of New York’s 

January 29, 2021, submittal includes a 

list of source specific RACT 

determinations that have been 

submitted to EPA; Appendix C of the 

submittal contains correspondence from 

EPA dated May 21, 2020 regarding the 

latest developments in addressing the 

source specific SIP submittals. 

We have reviewed New York’s RACT 

certification demonstration and propose 

to determine that the State’s regulatory 

requirements for VOC and NOX

emissions from major sources 

accomplish a RACT level of control for 

both pollutants. Regarding the CTG and 

ACT categories, New York has reviewed 

RACT controls adopted for previous 

Ozone standards and the EPA agrees 

with the State’s evaluation that those 

previously adopted controls still 

represent RACT for the Serious 

classification of the 2008 Ozone 

Standard, the Moderate classification of 

the 2015 Ozone Standard, and 

requirements associated with the OTR 

for the 2015 Ozone NAAQS. Also, the 

SIP-approved New York RACT rules 

have more stringent emission limits 

and/or lower thresholds of applicability 

than the recommendations contained in 

the CTG and ACT documents. Since we 

agree that the regulations which New 

York has cited as meeting RACT do 

conform with RACT for the 2015 and 

2008 Ozone standards, we propose 

approval of New York’s RACT 

certification SIP revision requests dated 


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7On October 1, 2021, The EPA approved 

revisions to the New York SIP which included the 

2011 calendar year ozone season daily and annual 

ozone precursor emission inventories for CO, NOX, 

and VOC for the NYMA portion of New York-New 

Jersey-Long Island, NY-NJ-CT, serious 

nonattainment area, and for the Jamestown 

marginal nonattainment area. In addition, the EPA 

approved the 2011 calendar year ozone emissions 

inventory that was developed statewide for New 

York. The pollutants included in the inventory are 

annual emissions for CO, NOX, and VOC. See 86 FR 

54377. 

8 Implementation of the 2008 National Ambient 

Air Quality Standards for Ozone: State 

Implementation Plan Requirements.’’ Final Rule. 

Published March 6, 2015; effective April 6, 2015. 

80 FR 12271. 

9See Id. 

January 29, 2021, and November 29, 

2021. 

b. Additional Planning Elements and 

Certifications 

New York’s November 13, 2017, and 

November 29, 2021, SIP submissions 

also included additional certifications 

and planning elements as part of the 

comprehensive demonstrations. These 

include reasonable further progress and 

MVEB for the 2008 moderate and 

serious ozone classifications, a 

certification for an ozone NNSR 

program, a certification for a 

nonattainment emission inventory, and 

a certification that the State has satisfied 

the requirements for clean fuels for 

fleets. 

Emission Inventory 

CAA section 172(c)(3) requires that 

each SIP include a ‘‘comprehensive, 

accurate, current inventory of actual 

emissions from all sources of the 

relevant pollutant or pollutants in [the] 

area . . .’’ by requiring an accounting of 

actual emissions from all sources of the 

relevant pollutants in the area. This 

section provides for the base year 

inventory to include all emissions that 

contribute to the formation of a 

particular NAAQS pollutant. For the 

2008 Ozone NAAQS, EPA’s March 6, 

2015, implementation rule 

recommended 2011 as a baseline year 

from which emission reductions used to 

meet RFP requirements are creditable. 

See 80 FR 12263. 

On November 29, 2021, NYSDEC 

certified that the previously submitted 

2011 base year emission inventory is 

up-to-date and satisfies the 

requirements for the 2008 Ozone 

NAAQS for the Serious classification. 

On November 13, 2017, New York 

submitted to the EPA as a SIP revision 

request an emission inventory of ozone 

precursors for 2011.7 The inventory was 

submitted to meet the CAA Section 

182(a)(3)(A) obligation to develop a base 

year inventory and was also used as the 

baseline year in the State’s 2008 Ozone 

Moderate and Serious RFP plans which 

are described elsewhere in this 

proposal. The inventories include 

emission estimates in the form of ozone 

season day (OSD) emissions in tons per 

summer day. The OSD emissions are 

also adjusted for various types of 

stationary and mobile source categories 

based on their activity level during the 

summer ozone season. The ozone 

emission inventory catalogs NOX and 

VOC emissions because these pollutants 

are precursors to ozone formation. New 

York’s 2011 emissions inventory 

contains emission estimates for the nine 

counties in the NYMA and contains 

emission estimates summed statewide. 

The specific details of New York’s 

2011 emission inventory and the 

rationale for the EPA’s approval action 

are explained in the October 1, 2021, 

final rulemaking action. For this 

detailed information, the reader is 

referred to the EPA’s rulemaking action 

approving New York’s 2011 Emission 

Inventory. See 86 FR 54377. In that 

action, the EPA determined that New 

York’s emission inventory is based on 

the most current and accurate 

information available to the State at the 

time it was being developed. 

Additionally, the inventories 

comprehensively address all source 

categories in New York’s nonattainment 

areas and were developed consistent 

with the relevant EPA inventory 

guidance. For those reasons, the EPA 

approved the 2011 baseline emission 

inventories into New York’s SIP as 

meeting the requirements of CAA 

Section 172(c)(3). 

Since we agree that New York’s 2011 

base year inventory is consistent with 

the ozone base year inventory reporting 

requirements based on EPA guidance, 

we are proposing to approve New York’s 

certification of its 2011 calendar year 

emission inventory to fully meets the 

requirements of the CAA for the 2008 8- 

hour Ozone NAAQS Serious 

classification. 

Table 1 shows the NYMA summary of 

2011 OSD emissions, in tons per day, by 

source category. 

TABLE 1—EMISSIONS INVENTORY SUMMARY FOR NYMA NONATTAINMENT

AREA

[Tons/ozone season day] 

Source 

New York portion of 

NY-NJ-CT area 

NOX VOC 

Point .......................... 344.88 11.26 

Non-Point (Area) ....... 52.49 301.11 

Nonroad .................... 155.07 96.88 

Onroad ...................... 205.87 104.46 

Biogenic .................... 1.35 191.15 

Total ................... 759.65 704.86 

Reasonable Further Progress 

Section 182(b)(1) of the CAA and the 

EPA’s 2008 Ozone Implementation Rule 

requires that State’s submit a reasonable 

further progress (RFP) demonstration for 

each 8-hour ozone nonattainment area 

designated moderate and above, for 

review and approval into its SIP, that 

describes how the area will achieve 

actual emissions reductions of VOC and 

NOX from a baseline emissions 

inventory. Section 182(b)(1) of the CAA 

requires a State’s RFP to demonstrate a 

15% reduction in VOC emissions before 

the more general RFP requirements of 

section 172(c)(2) of the CAA apply, 

which permits a combination of VOC 

and NOX emission reductions to show 

RFP. 

The EPA’s 2008 Ozone 

Implementation Rule also finalized that 

2008 nonattainment areas that have 

previously met the CAA requirement for 

a 15% ROP VOC reduction plan for the 

entire area are not required to fulfill that 

requirement again. Instead, for purposes 

of the 1997 Ozone NAAQS and for the 

2008 Ozone NAAQS, the EPA 

interpreted the RFP requirement of CAA 

section 172(c)(2) to require an area 

classified as Moderate to achieve an 

average 3 percent annual reduction in 

VOC and/or NOX emissions for the first 

6 years following the baseline.8 For 

Serious and above areas, section 

182(c)(2)(B) requires an additional 3% 

per year reduction in VOC emissions, 

averaged over consecutive 3-year 

periods until the attainment date.9 New 

York has previously met the 15% RFP 

for VOC, due to nonattainment 

obligations it had under the 1997 8-hour 

Ozone standard (see 86 FR 49249; 

September 2, 2021). Therefore, for 

purposes of the 2008 Ozone standard, 

New York submitted RFP 

demonstrations for its moderate and 

serious nonattainment areas showing 

VOC and NOX emission reductions 

greater than the 18% requirement 

following six years after the 2011 base 

year inventory (between 2012–2017) 

and demonstrated a 27% reduction by 

the Serious classification attainment 

date, July 20, 2021. Note that we are 

only proposing action on both RFP 

plans for the New York portion of the 

NYMA. 

In New York’s November 13, 2017, 

submission, NYSDEC demonstrated that 

RFP was achieved for the moderate 

classification between the 2011 baseline 


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10 In New York’s calculation for RFP of the 2008 

Ozone Moderate classification, biogenic emissions 

were removed from the base year inventory and rule 

effectiveness of Point sources emissions for both 

EGUs and non-EGUs were factored in. 

11 Implementation of the 2008 National Ambient 

Air Quality Standards for Ozone: State 

Implementation Plan Requirements.’’ Final Rule. 

Published March 6, 2015; effective April 6, 2015. 

80 FR 12271. 

12 In New York’s calculation for RFP of the 2008 

Ozone Serious classification, biogenic emissions 

were removed from the base year inventory and rule 

effectiveness of Point sources emissions for both 

EGUs and non-EGUs were factored in. 

year and the 2017 target year by 

showing that NOX emissions declined 

by 28.01%, and VOC emissions by 

6.70%, within the NYMA 

nonattainment area. New York updated 

its 2011 emission estimates for use 

within the RFP baseline inventory by 

using the most recently available at the 

time version of EPA’s MOVES model, 

MOVES 2014a, for calculation of onroad and non-road mobile source 

emissions. New York also accounted for 

Emission Reduction Credits (ERCs) 

within its RFP analysis because there 

are emissions offsets available for 

facilities to use when constructing or 

modifying an emission source subject to 

New Source Review. New York relied 

on the emission projection work it had 

coordinated and submitted to the MidAtlantic Regional Air Management 

Association for their effort to develop a 

2017 modeling platform. The 

projections of emissions from electrical 

generating units (EGUs) were conducted 

using the Eastern Regional Technical 

Advisory Committee (ERTAC). The 

ERTAC projection tool uses 2011 

emissions data from EPA’s Clean Air 

Market Division and growth factors 

developed from the U.S. Department of 

Energy’s Energy Information 

Administration (EIA) data and other 

sources to create a 2017 emission 

inventory for EGUs. EPA finds that the 

ERTAC EGU emissions forecasts 

produce reasonable results for facilities 

within the State. 

Table 2 below contains a summary of 

the 2011 RFP baseline inventory, and 

2017 projected, controlled emissions 

demonstrating the 6.70% VOC and 

28.01% NOX emission reductions for 

the New York portion of the NY-NJ-CT 

nonattainment area.10 Although 

NYSDEC’s modeling demonstration 

illustrates that the NYMA did not meet 

the moderate area attainment deadline 

of July 20, 2018, New York’s RFP 

analysis for the NYMA moderate 

nonattainment area showed that 

projected, controlled VOC and NOX

emission in 2017 were well below the 

emission target levels. Therefore, the 

EPA is proposing to approve New 

York’s RFP for the moderate 

classification since it successfully meets 

the RFP requirement under CAA section 

172(c)(2). 

TABLE 2—SUMMARY OF RFP CALCULATIONS FOR NYMA FOR 2008 OZONE MODERATE CLASSIFICATION

Description 

NOX emissions 

(tons/ozone 

season day) 

VOC emissions 

(tons/ozone 

season day) 

RFP Baseline Inventory (2011): NY portion of NY-NJ-CT area ......................................................................... 770.4 516.04 

2017 Projected, controlled emissions: NY portion of NY-NJ-CT area ................................................................ 554.58 481.48 

As mentioned previously, the RFP 

requirement in CAA section 182(c)(2)(B) 

require areas classified as Serious or 

higher to achieve an average 3% annual 

reduction for the first 6 years following 

the baseline year, and also requires 

Serious areas to demonstrate an 

additional 3% per year reduction in 

VOC emissions, averaged over 

consecutive 3-year periods until the 

attainment date.11 Since the attainment 

date for the Serious classification was 

on July 20, 2021, this requires Serious 

areas located within New York to 

demonstrate 27% percent reductions by 

the end of the nine-year period (2011– 

2020) regardless of whether the area 

attains the NAAQS. In New York’s 

November 29, 2021, submission, 

NYSDEC demonstrated that RFP was 

achieved for the Serious classification 

between the 2011 baseline year and 

2020 target year by showing that the 

27% reduction requirement was 

achieved through a combination of NOX

and VOC emission reductions through 

2020. 

Table 3 below contains a summary of 

the 2011 RFP baseline inventory, and 

2020 projected, controlled emissions 

demonstrating that VOC emissions were 

reduced by 17.76% and NOX emission 

reduced by 30.41% within the New 

York portion of the NY-NJ-CT 

nonattainment area.12 Because RFP 

requirements for the NYMA Serious 

nonattainment area can be satisfied with 

reductions in either NOX or VOC 

emissions, New York was able to 

demonstrate a reduction emission 

surplus from the 27% requirement. 

Although NYSDEC’s modeling 

demonstration and 2020 Design Values 

(DVs) illustrated that the NYMA did not 

meet the serious area attainment 

deadline of July 20, 2021, New York’s 

RFP calculations for the NYMA serious 

nonattainment area showed that the 

27% reduction requirement was 

achieved through a combination of NOX

and VOC emission reductions through 

2020. Therefore, the EPA is proposing to 

approve New York’s RFP for the Serious 

classification since it successfully meets 

the RFP requirement under CAA section 

182(c)(2)(B) and 40 CFR 51.1110. 

TABLE 3—SUMMARY OF RFP CALCULATIONS FOR NYMA FOR 2008 OZONE SERIOUS CLASSIFICATION

Description 

NOX emissions 

(tons/summer 

day) 

VOC emissions 

(tons/summer 

day) 

RFP Baseline Inventory (2011): NY portion of NY-NJ-CT area ......................................................................... 770.4 516.04 

2020 Projected, controlled emissions: NY portion of NY-NJ-CT area ................................................................ 536.14 424.40 

Motor Vehicle Emissions Budgets 

Transportation conformity is required 

by section 176(c) of the CAA. 

Conformity to a SIP means conformity 

to an implementation plan’s purpose of 

eliminating or reducing the severity and 

number of violations of the NAAQS and 

achieving expeditious attainment of the 

NAAQS, and that transportation 


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13Further information concerning EPA’s 

interpretations regarding MVEBs can be found in 

the preamble to EPA’s November 24, 1993 transportation conformity rule. See 58 FR 62193– 

62196. 

activities will not produce new air 

quality violations, worsen existing 

violations, or delay timely attainment of 

the NAAQS (CAA 176(c)(1)(A) and (B)). 

The EPA’s conformity rule at 40 CFR 

part 93, subpart A requires that 

transportation plans, programs and 

projects conform to SIPs, and 

establishes the criteria and procedures 

for determining whether or not they 

conform. To accomplish its purpose, the 

conformity rule requires a 

demonstration that emissions from a 

metropolitan planning organization’s 

regional transportation plan and 

transportation improvement program 

are consistent and do not exceed the 

MVEB contained in the control strategy 

SIP revision or maintenance plan. See 

40 CFR 93.101, 93.118, and 93.124. The 

MVEB are defined in 40 CFR 93.101 as 

the level of mobile source emissions of 

a pollutant, of the total allowable 

emissions, defined in the SIP for a 

certain date, for the purpose of 

demonstrating attainment or 

maintenance of the NAAQS or for 

meeting reasonable further progress 

milestones.13

In New York’s November 13, 2017 

comprehensive SIP submittal, the State 

established the 2017 MVEB for VOCs 

and NOX within the New York portion 

of the NY-NJ-CT nonattainment area for 

the 2008 8-hour Moderate classification. 

In New York’s submittal, the State 

clarifies that the 2017 MVEB is a 

projection from the 2011 base year 

inventory, and that the 2017 VOC MVEB 

excludes emissions from refueling. 

Table 4 lists the New York 2017 MVEB. 

TABLE 4—MVEB IN NEW YORK’S 2008 OZONE MODERATE RFP PLAN

Description 

NOX

(tons/summer 

day) 

VOC 

(tons/summer 

day) 

2017 8-Hour Ozone Motor Vehicle Emission Budgets: NY portion of NY-NJ-CT area .......................................... 117.21 65.69 

On April 19, 2018, the EPA issued a 

letter to New York in which we stated 

that the Budgets for the New York 

portion of the NY-NJ-CT area were 

adequate for use in transportation 

conformity determinations. 

Additionally, the EPA published an 

announcement of this adequacy finding 

in the Federal Register on June 8, 2018. 

See 83 FR 26598. In this action the EPA 

is proposing to approve the 2008 Ozone 

Moderate RFP on-road MVEB 

established for the New York portion of 

the NY-NJ-CT area. The EPA is also 

proposing to approve these Budgets 

because EPA has now completed its 

review of the overall 2008 Ozone 

Moderate RFP plan which demonstrates 

the required percent reductions needed 

for the plan approval. 

Also, in New York’s November 29, 

2021 comprehensive SIP submittal, the 

State established the 2020 MVEB for 

VOCs and NOX within the New York 

portion of the NY-NJ-CT nonattainment 

area for the 2008 8-hour Serious 

classification. In New York’s submittal, 

the State clarifies that the 2020 MVEB 

is a projection from the 2011 base year 

inventory, and that the 2020 VOC MVEB 

excludes emissions from refueling. 

Table 5 lists the New York 2020 MVEB. 

TABLE 5—MVEB IN NEW YORK’S 2008 OZONE MODERATE RFP PLAN

Description 

NOX

(tons/summer 

day) 

VOC 

(tons/summer 

day) 

2020 8-Hour Ozone Motor Vehicle Emission Budgets: NY portion of NY-NJ-CT area .......................................... 89.07 54.51 

On July 26, 2022, the EPA issued a 

letter to New York in which we stated 

that the Budgets for the New York 

portion of the NY-NJ-CT area were 

adequate for use in transportation 

conformity determinations. 

Additionally, the EPA published an 

announcement of this adequacy finding 

in the Federal Register on November 23, 

2022. See 87 FR 71632. In this action 

the EPA is proposing to approve the 

2008 Ozone Serious RFP on-road MVEB 

established for the New York portion of 

the NY-NJ-CT area. The EPA is 

proposing to approve the 2020 MVEB 

established for the New York portion of 

the NY-NJ-CT nonattainment area since 

these Budgets are based on the 2011 

base year emission inventory that is 

consistent with EPA guidance, as 

discussed in Section III.B. The EPA is 

also proposing to approve these Budgets 

because EPA has now completed its 

review of the overall 2008 Ozone 

Serious RFP plan which demonstrates 

the required percent reductions needed 

for the plan approval. 

Ozone Nonattainment New Source 

Review (NNSR) 

New York affirmed in its November 

29, 2021, submittal that, because the 

State is located entirely in the OTR, 

regardless of the area’s designation 

status, NNSR applies state-wide for 

emissions of ozone precursor pollutants, 

VOC and NOX, for new major facilities 

or modifications to existing major or 

minor sources. New major facilities or 

modification to existing major or minor 

facilities in New York State are subject 

to the provisions of 6 NYCRR Part 231, 

‘‘New Source Review for New and 

Modified Facilities.’’ See 81 FR 95049 

(December 27, 2016). Major-source 

pollutant thresholds are lower in the 

NYMA, however, due to the area’s 

former Severe classification under the 1- 

hour Ozone NAAQS: 25 tons per year 

for VOC or NOX, as opposed to 50 to 100 

tons, respectively, throughout the rest of 

the State. The NYMA also has a lower 

significant source project threshold and 

significant net emission increase 

threshold, as well as a more stringent 

offset ratio for both precursors. 

NNSR requires the application of 

Lowest Achievable Emission Rate which 

is more stringent than RACT. 

Furthermore, New York certified in its 

November 29, 2021 submittal that the 

State also relies upon Federal rules such 

as the National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) 

regulated under CAA section 112. 

NESHAPs establish the need to use 


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14CAA sections 241(5) ‘‘Definition of a Covered 

Fleet’’ and 246(b) ‘‘Phase-in Requirements’’ require 

that CFFPs apply to fleets of 10 or more vehicles 

that are capable of being centrally fueled. 

Maximum Achievable Control 

Technology (MACT), which may be 

more stringent than RACT, to control 

hazardous air pollutants. 

The EPA is proposing to approve New 

York’s certification that NNSR applies 

state-wide for NOX and VOC emissions 

from stationary sources and fully meets 

the requirements of the CAA for the 

2008 8-hour Ozone NAAQS. 

Clean Fuels for Fleets 

Clean Air Act Section 182(c)(4) 

requires States with Ozone 

nonattainment areas classified as 

Serious or above with 1980 populations 

greater than 250,000 to submit a SIP 

revision to either ‘‘include such 

measures as may be necessary to ensure 

the effectiveness of the applicable 

provisions of the clean-fuel vehicle 

program prescribed under part C of 

subchapter II of this chapter’’ or to 

provide ‘‘a substitute for all or a portion 

of the clean-fuel vehicle program 

prescribed under part C of subchapter II 

of this chapter.’’ The Clean Fuel Fleets 

requirement was adopted as part of the 

1990 CAA Amendments and was 

designed to improve air quality and 

introduce clean burning fuels into the 

market. CAA Sections 243 and 245 

included numerical emissions standards 

for the Clean Fuel Fleets light- and 

heavy-duty vehicles that were intended 

to encourage innovation, encourage the 

purchase of cleaner fleet vehicles and 

reduce emissions for fleets of motor 

vehicles in ozone nonattainment areas 

classified as Serious or above as 

compared to conventionally fueled 

vehicles available at the time.14 With 

the implementation of Tier 3 light-duty 

standards (40 CFR part 86, subpart S) 

and the continued implementation of 

current heavy-duty vehicle standards 

(40 CFR part 1036), the 1990 CAA 

Amendments’ Clean Fuel Fleets 

standards became either less stringent 

than or equivalent to the standards that 

apply to vehicles and engines today. 

Because the statute continues to require 

Clean Fuel Fleets standards for State 

clean fuel vehicle programs in Serious 

and above ozone nonattainment areas, 

on June 29, 2021, the EPA revised the 

Clean Fuel Fleets requirements in 40 

CFR part 88, to provide compliance 

options to the where vehicles and 

engines certified to current standards 

would be deemed to comply with the 

Clean Fuel Fleets standards as Ultra 

Low-Emission Vehicles. See 86 FR 

34308 (June 29, 2021). This approach 

enables States to address the Clean Fuel 

Fleets requirements by describing in a 

SIP that any new light- or heavy-duty 

vehicle purchased today are certified to 

current standards under 40 CFR part 86 

and part 1036 or by the California Air 

Resources Board (CARB) under its Low 

Emission Vehicle Program (LEV III) 

would be deemed to comply with the 

Clean Fuel Fleets standards as Ultra 

Low-Emission Vehicles. 

New York affirmed in its November 

29, 2021, submittal that the State has 

satisfied the requirements for clean fuels 

for fleets. New on-road motor vehicles 

sold in New York are subject to the 

provisions of 6 NYCRR Part 218, 

‘‘Emission Standards for Motor Vehicle 

Engines.’’ Section 177 of the CAA 

permits States to adopt new motor 

vehicle emission standards that are 

identical to California’s. Therefore, in 

this already implemented measure, 

NYSDEC has incorporated the latest 

California emission standards for lightduty vehicles through Part 218. This 

low-emission vehicle (LEV) regulations 

provide flexibility to auto manufacturers 

by allowing them to certify their vehicle 

models to one of several different 

emissions standards. These consist of 

several different tiers of increasingly 

stringent LEV emission standards to 

which a manufacturer may certify a 

vehicle, including LEV, ultra-low 

emission vehicle (ULEV), super-ultralow-emission vehicle (SULEV), and 

ZEV. The different standards are 

intended to provide flexibility to 

manufacturers in meeting program 

requirements. However, manufacturers 

must demonstrate that the overall fleet 

for each model year meets the specified 

non-methane organic gas standard for 

that year. These requirements are 

progressively more stringent with each 

model year. 

A 2016 update to Part 218 

incorporated California’s latest LEV 

standards (LEV III) and ZEV standards 

into New York’s program. These LEV III 

amendments took effect for 2017 

through 2025 model year passenger cars, 

light-duty trucks, and medium-duty 

passenger vehicles. The ZEV revisions 

apply to 2018 through 2025 model year 

passenger cars, light-duty trucks, and 

medium-duty vehicles. 

The EPA is proposing to approve New 

York’s certification that the State has 

satisfied the requirements for clean fuels 

for fleets under the CAA for the 2008 8- 

hour Ozone NAAQS. New York’s 

program demonstrates that any new 

light- or heavy-duty vehicle purchased 

today are certified to current standards, 

including California’s LEV III standards, 

thus is deemed to comply with the 

Clean Fuel Fleets standards as Ultra 

Low-Emission Vehicles. 

IV. EPA’s Proposed Action 

In this rule, EPA is proposing to 

approve the SIP revision submitted by 

the State of New York on January 29, 

2021, for purposes of meeting the 

requirement for RACT for the 2008 8- 

hour Ozone NAAQS in New York’s 

portion of the NYMA for the Serious 

classification. The EPA is also 

proposing to approve that same 

submittal for meeting New York’s RACT 

requirements for the 2015 8-hour Ozone 

NAAQS in the NYMA and for meeting 

the State’s requirements for statewide 

RACT for the 2015 8-hour Ozone 

NAAQS within the OTR. The EPA is 

also proposing to approve portions of a 

comprehensive SIP revision submitted 

by the State of New York on November 

29, 2021, certifying that the State has 

satisfied the requirements for an ozone 

nonattainment new source review 

program, certifying that the State has 

satisfied the requirements for a 

nonattainment emission inventory, and 

certifying that the State has satisfied the 

requirements for clean fuels for fleets. 

EPA is also proposing to approve New 

York’s reasonable further progress plans 

and MVEB for both the Moderate and 

Serious classifications of the 2008 

Ozone NAAQS in the NYMA. 

EPA is soliciting public comments on 

the issues discussed in this notice or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to this proposed rule by 

following the instructions listed in the 

ADDRESSES section of this Federal 

Register. 

V. 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. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 


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• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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 proposed rulemaking 

action, pertaining to New York’s 

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). 

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.’’ 

The NYSDEC did not evaluate 

environmental justice considerations as 

part of its SIP submittal; 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. 

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, Volatile organic 

compounds. 

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

Lisa Garcia, 

Regional Administrator, Region 2. 

[FR Doc. 2023–18283 Filed 8–24–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–281; RM–11958; DA 23– 

706; FR ID 165158] 

Television Broadcasting Services; 

Alamogordo, New Mexico 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by Vision 

Broadcasting Networks, Inc. (Petitioner), 

requesting the allotment of reserved 

noncommercial educational (NCE) 

channel *4 to Alamogordo, New Mexico 

as the community’s first local television 

service. 

DATES: Comments must be filed on or 

before September 25, 2023 and reply 

comments on or before October 10, 

2023. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 45 

L Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the Petitioner as follows: 

James L. Oyster, Esq., 108 Oyster Lane, 

Castleton, Virginia 22716. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or Joyce Bernstein, Media 

Bureau, at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Petitioner contends that Alamogordo is 

a community deserving of a new 

television broadcast service. In support, 

the Petitioner states that Alamogordo, 

with a 2020 population of 30,898 is the 

county seat of Otero County. 

Alamogordo has a mayor, six 

Commissioners, and a city manager; 

police, fire, public works, and utility 

departments, planning, engineering, and 

community and economic development 

departments; a library, school district, 

numerous businesses and places of 

worship; and its own ZIP Code. The 

Petitioner states its intention to file an 

application for channel *4, if allotted, 

and take all necessary steps to obtain a 

construction permit. The proposed 

amendment to the Table of TV 

Allotments warrants consideration. The 

Petitioner’s proposal would result in a 

first local service to Alamogordo under 

Allotment Priority (2) of the 

Commission’s television allotment 

priority standard. The Petitioner 

demonstrates, and a staff engineering 

analysis confirms, that channel *4 can 

be allotted to Alamogordo, New Mexico, 

consistent with the minimum 

geographic spacing requirements for 

new allotments in section 73.623(d) of 

the Commission’s rules. In addition, the 

allotment point complies with section 

73.625(a)(1) of the rules as the entire 

community of Alamogordo is 

encompassed by the 35 dBm contour. 

This is a synopsis of the 

Commission’s Notice of Proposed 

Rulemaking, MB Docket No. 23–281; 

RM–11958; DA 23–706, adopted August 

16, 2023, and released August 16, 2023. 

The full text of this document is 

available for download at https://

www.fcc.gov/edocs. To request materials 

in accessible formats (braille, large 

print, computer diskettes, or audio 

recordings), please send an email to 

FCC504@fcc.gov or call the Consumer & 

Government Affairs Bureau at (202) 

418–0530 (VOICE), (202) 418–0432 

(TTY). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 


ddrumheller on DSK120RN23PROD with PROPOSALS1