33154 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules 

1Submittal letter dated December 22, 2017 and 

received by the EPA January 2, 2018. 

2Submittal letter dated November 10, 2017 and 

received by the EPA November 13, 2017. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2020–0613; FRL–10024–96 

Region 2] 

Approval and Promulgation of 

Implementation Plans; New Jersey and 

New York; 1997 Ozone Attainment 

Demonstrations for the NY-NJ-CT 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: 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 Jersey’s and New York’s 

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– 

R02–OAR–2020–0613 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. 

FOR FURTHER INFORMATION CONTACT: 

Omar Hammad, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3347, 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 EPA’s 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 EPA’s 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 2010–2012 

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 

New York address the attainment 

demonstration requirements of the May 

4, 2016 SIP Call. The EPA’s 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 8- 

hour 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 8- 

hour 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 182(b) for 

Moderate nonattainment areas, 

including a requirement to submit an 

attainment demonstration. The EPA’s 

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 51.908(a). 

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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3 In South Coast Air Quality Management District 

v. EPA, the D.C. Circuit vacated a number of 

provisions in the 2008 Ozone SIP Requirements 

Rule, but that decision did not affect the rule’s antibacksliding requirement to submit an attainment 

demonstration for the 1997 ozone NAAQS. South 

Coast Air Quality Management District v. EPA, No. 

15–1115 (D.C. Cir. February 16, 2018). 

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 

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 7511a(a). 

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 2010–2012 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, 

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 EPA’s 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 51.908(a) 

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 

based on 2010–2012 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 New York 

address the requirements of the May 4, 

2016 SIP Call. The EPA’s review of this 

material indicates that ambient air 

quality monitors within the NY-NJ-CT 

Nonattainment area are attaining the 

1997 ozone NAAQS. 

In the 2008 ozone NAAQS SIP 

Requirements rule, the EPA revoked the 

1997 ozone NAAQS for all purposes and 

established anti-backsliding 

requirements for that NAAQS, which 

include submittal of an attainment 

demonstration. See 80 FR 12296 (March 

6, 2015).3 The EPA retained a listing of 

the designated areas for the revoked 

1997 NAAQS in 40 CFR part 81, for 

identifying anti-backsliding 

requirements that may apply to those 

areas. Accordingly, in an area 

designated nonattainment for the 2008 

ozone NAAQS and nonattainment for 

the 1997 ozone NAAQS, as is the case 

with the NY-NJ-CT nonattainment area, 

New Jersey and New York were 

obligated to implement the applicable 

requirements set forth in 40 CFR 

51.1100(o), including the requirement to 

submit an attainment demonstration. 

III. What is the EPA proposing to 

approve? 

New Jersey submitted a SIP revision 

to the EPA on January 2, 2018 and New 

York submitted a SIP revision to the 

EPA on November 13, 2017, these 

submittals addressed, among other 

things, the ozone attainment 

demonstrations for the revoked 1997 8- 

hour ozone standard for their respective 


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4The EPA is not acting on any other portion of 

the submittals in this proposed action. 

5The regulations at 40 CFR part 50, Appendix I 

specify that the design value shall be based on three 

consecutive, complete calendar years of air quality 

monitoring data. This requirement is met for the 

three-year period at a monitoring site if daily 

maximum 8-hour average concentrations are 

available for at least 90%, on average, of the days 

during the designated ozone monitoring season, 

with a minimum data completeness in any one year 

of at least 75% of the designated sampling days. 

These thresholds have been met for the ambient air 

quality monitoring data reviewed by EPA. 

6The design values are available on the EPA’s 

website at: www.epa.gov/air-trends/air-qualitydesign-values#report. The 2015–2017 DV is 0.083 

ppm, the 2016–2018 DV is 0.082 ppm and the 

2017–2019 DV is 0.082 ppm. 

7The 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. 8The design values are available on the EPA’s 

website at: www.epa.gov/air-trends/air-qualitydesign-values#report. The 2015–2017 DV is 0.083 

ppm, the 2016–2018 DV is 0.082 ppm and the 

2017–2019 DV is 0.082 ppm. 

portions of the NY-NJ-CT area satisfying 

the May 4, 2016 SIP call. 

This proposed action addresses New 

Jersey’s demonstration of attainment of 

the 1997 8-hour ozone standard for the 

New Jersey portion of the NY-NJ-CT 

area, submitted on January 2, 2018 and 

New York’s demonstration of attainment 

of the 1997 8-hour ozone standard for 

the New York portion of the NY-NJ-CT 

area, submitted on November 13, 2017.4

IV. What is the EPA’s basis for 

proposing to approve the 1997 

attainment demonstration analysis? 

A. Air Quality Data and Attainment 

Determinations 

Under the regulations at 40 CFR part 

50, the 1997 ozone NAAQS is attained 

at a monitoring site when the three-year 

average of the annual fourth highest 

daily maximum 8-hour average ambient 

air quality ozone concentration is less 

than or equal to 0.08 ppm. This threeyear average is referred to as the design 

value. When the design value is less 

than or equal to 0.08 ppm at each 

ambient air quality monitoring site 

within a nonattainment area, then the 

area is deemed to be meeting the 1997 

standard. According to 40 CFR part 50, 

Appendix I, the number of significant 

figures in the level of the standard 

dictates the rounding convention for 

comparing the computed 3-year average 

annual fourth-highest daily maximum 8- 

hour average ozone concentration with 

the level of the standard. The third 

decimal place of the computed value is 

rounded, with values equal to or greater 

than 5 rounding up. Thus, a computed 

3-year average ozone concentration of 

0.085 ppm is the lowest value that is 

greater than 0.08 ppm. 

The EPA has reviewed the 8-hour 

ozone ambient air quality monitoring 

data for the 2014–2016 monitoring 

period for the NY-NJ-CT area, 

referenced in New Jersey’s and New 

York’s submittals, as recorded in the 

EPA’s Air Quality System (AQS) 

database. Air quality monitoring data 

from each year for 2014–2016 has been 

certified by Connecticut, New Jersey 

and New York in accordance with 40 

CFR 58.15, and AQS reflects this. Based 

on that review, the EPA has concluded 

that the NY-NJ-CT area has a 2014–2016 

design value of 0.083 ppm 5 and is in 

attainment for the 1997 ozone NAAQS. 

Certified data for 2017, 2018 and 2019 

in the NY-NJ-CT area and the 

subsequent design values for 2015– 

2017, 2016–2018 and 2017–2019 are 

consistent with continued attainment.6

The EPA has a continuing obligation to 

review the air quality data each year to 

determine whether areas are meeting the 

NAAQS and will continue to conduct 

that review in the future after data is 

complete, quality-assured, certified and 

submitted to the EPA. 

As previously discussed, the EPA 

rescinded the CDD on May 4, 2016 

based on the fact that the area was no 

longer attaining the standard, and 

issued a SIP Call for a new attainment 

demonstration for the 1997 8-hour 

ozone NAAQS for the NY-NJ-CT area. 

The EPA determined that the 

submission of a Moderate 

nonattainment area attainment plan for 

the more stringent 2008 ozone NAAQS 

would satisfy the SIP Call for the NYNJ-CT area in relation to the 1997 ozone 

standard. Both New Jersey and New 

York submitted a combined attainment 

demonstration analysis for the 1997 and 

2008 8-hour ozone NAAQS. 

B. Components of the Modeled 

Attainment Demonstrations 

Section 110(a)(2)(k) of the Act 

requires states to prepare air quality 

modeling to demonstrate how they will 

meet ambient air quality standards. The 

SIP must demonstrate that the 

‘‘measures, rules, and regulations 

contained in it are adequate to provide 

for the timely attainment and 

maintenance of the national standard.’’ 

See 40 CFR 51.112(a). The EPA 

determined that states must use 

photochemical grid modeling, or any 

other analytical method determined by 

the Administrator to be at least as 

effective, to demonstrate attainment of 

the ozone health-based standard in areas 

classified as ‘‘Moderate’’ or above, and 

to do so by the required attainment date. 

See 40 CFR 51.908(c). The EPA requires 

an attainment demonstration using air 

quality modeling that meets the EPA’s 

guidelines. The model analysis can be 

supplemented by a ‘‘weight of 

evidence’’ analysis in which the state 

can use a variety of information to 

enhance the conclusions reached by the 

photochemical model analysis. In the 

case of New Jersey’s and New York’s 

submittals for their portions of the NYNJ-CT area, the weight of evidence also 

included monitoring evidence that the 

area design value is attaining the 1997 

standard. The EPA has determined that 

the photochemical grid modeling 

conducted by the States is consistent 

with the EPA’s guidelines and the 

model performed acceptably. See 40 

CFR 51.908(c). 

C. The EPA’s Evaluation 

In their attainment demonstrations, 

New Jersey and New York included 

results from the Ozone Transport 

Commission’s (OTC’s) 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 

2015–2017 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 EPA’s 

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, 2016–2018 and 2017–2019.8 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 

EPA’s modeling guidance, (2) the 

modeled attainment of 1997 standard, 

(3) the air quality monitoring data for 

2014–2016, 2015–2017, 2016–2018, 

2017–2019, and (4) the implemented 

SIP-approved control measures, the EPA 

is proposing to approve the attainment 

demonstration analyses for the 1997 


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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. 

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 

monitoring data, and the 

implementation of the more stringent 

2008 8-hour ozone standard. The EPA is 

therefore proposing to approve New 

Jersey’s and New York’s 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 

EPA’s obligations to act on the 1997 8- 

hour 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. 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 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. 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 

• 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 York’s and 

New Jersey’s 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. 2021–13401 Filed 6–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 413, 425, 455, and 

495 

[CMS–1752–CN] 

RIN 0938–AU44 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm Care Hospital Prospective 

Payment System and Proposed Policy 

Changes and Fiscal Year 2022 Rates; 

Quality Programs and Medicare 

Promoting Interoperability Program 

Requirements for Eligible Hospitals 

and Critical Access Hospitals; 

Proposed Changes to Medicaid 

Provider Enrollment; and Proposed 

Changes to the Medicare Shared 

Savings Program; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the proposed rule that appeared in the 

May 10, 2021 Federal Register titled 

‘‘Medicare Program; Hospital Inpatient 

Prospective Payment Systems for Acute 

Care Hospitals and the Long Term Care 

Hospital Prospective Payment System 

and Proposed Policy Changes and Fiscal 

Year 2022 Rates; Quality Programs and 

Medicare Promoting Interoperability 

Program Requirements for Eligible 

Hospitals and Critical Access Hospitals; 

Proposed Changes to Medicaid Provider 

Enrollment; and Proposed Changes to 

the Medicare Shared Savings Program.’’ 

DATES: June 24, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Katrina Hoadley, katrina.hoadley@

cms.hhs.gov, Hospital Inpatient Quality 

Reporting Program. 

Julia Venanzi, julia.venanzi@

cms.hhs.gov, Hospital Inpatient Quality 

Reporting and Hospital Value-Based 

Purchasing Programs—Administration 

Issues. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2021–08888 of May 10, 

2021 (86 FR 25070), there were a 

number of technical and typographical 

errors that are identified and corrected 

in this correcting document. 


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