35030 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules 

(h) Inspections for Gliders With Only 

Serviceable Parts Installed 

(1) Before or upon accumulating 6 years 

since first installation on a glider and 

thereafter at intervals not to exceed 12 

months, visually inspect each serviceable 

part for fissures, kinks, and leaks. For this 

inspection, the ignition switch must be 

turned on to run the electric fuel pump to 

demonstrate an operating fuel pressure. 

(2) If a fissure, a kink, or a leak is found 

during any inspection required by paragraph 

(h)(1) of this AD, before further flight, replace 

the part with an unused (zero hours TIS) 

serviceable part by following paragraphs 3 

and 4 of the Instructions in TN No. 800/46 

or paragraphs 3 through 5 of the Instructions 

in TN No. 1000/38, as applicable to your 

model glider. 

(i) Life Limit 

Before accumulating 10 years since first 

installation on a glider and thereafter at 

intervals not to exceed 10 years, remove each 

serviceable part from service and replace 

with an unused (zero hours TIS) serviceable 

part by following paragraphs 3 and 4 of the 

Instructions in TN No. 800/46 or paragraphs 

3 through 5 of the Instructions in TN No. 

1000/38, as applicable to your model glider. 

(j) Parts Installation Prohibition 

As of the effective date of this AD, do not 

install an affected part on any glider. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or local Flight Standards 

District Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in Related Information 

or email: 9-AVS-AIR-730-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(l) Related Information 

(1) For more information about this AD 

contact Jim Rutherford, Aviation Safety 

Engineer, General Aviation & Rotorcraft 

Section, International Validation Branch, 

FAA, 901 Locust, Room 301, Kansas City, 

MO 64106; phone: (816) 329–4165; fax: (816) 

329–4090; email: jim.rutherford@faa.gov. 

(2) Refer to European Aviation Safety 

Agency (EASA) AD 2018–0127, dated June 

11, 2018, for more information. You may 

examine the EASA AD in the AD docket on 

the website at https://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2021–0212. 

(3) For service information identified in 

this AD, contact DG Flugzeugbau GmbH, 

Otto-Lilienthal Weg 2, D–76646 Bruchsal, 

Germany; phone: +49 (0)7251 3202–0; email: 

info@dg-flugzeugbau.de; website: https://

www.dg-flugzeugbau.de/. You may review 

this referenced service information at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (816) 329–4148. 

Issued on June 25, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–13988 Filed 6–30–21; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2021–0263; FRL 10025–39– 

Region 2] 

Approval of Air Quality Implementation 

Plans; New York; 2011 Periodic 

Emission Inventory SIP for the Ozone 

Nonattainment Areas 

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 New York 

State Department of Environmental 

Conservation (NYSDEC). The SIP 

revision consists of the following: 2011 

calendar year ozone precursor emission 

inventory for volatile organic 

compounds (VOCs), oxides of nitrogen 

(NOX), and carbon monoxide (CO) for 

the New York portion of the New YorkNorthern New Jersey-Long Island, 

Connecticut NY-NJ-CT area (New York 

Metropolitan Area, or NYMA) classified 

as serious ozone nonattainment for the 

2008 8-hour ozone National Ambient 

Air Quality Standards (NAAQS or 

standard), and the Jamestown 

(Chautauqua County) ozone 

nonattainment area classified as 

marginal for the 2008 8-hour ozone 

standard. In addition, the SIP revision 

also consists of the 2011 calendar year 

statewide periodic emissions inventory 

for volatile organic compounds, oxides 

of nitrogen, and carbon monoxide. 

Emission inventories are needed to 

develop and assess new control 

strategies that the states may use in 

attainment demonstration SIPs for the 

new National Ambient Air Quality 

Standards for ozone and PM2.5. The 

inventories may also serve as part of 

statewide inventories for purposes of 

regional modeling in ozone and play an 

important role in modeling 

demonstrations for areas classified as 

nonattainment for ozone and carbon 

monoxide. This action is being taken in 

accordance with the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before August 2, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

OAR–2021–0263, 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 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: 

Ysabel Banon, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–3382, or by email at 

banon.ysabel@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

Supplementary Information section is 

arranged as follows: 

Table of Contents 

I. Background 

A. Statutory and Regulatory Requirements 

for a Periodic Emission Inventory 

II. Description of State’s Submittals 

III. Evaluation of State’s Submittals and 

Technical Information 

A. Base Year Emissions Inventory 

B. Evaluation of State’s Submittals 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

On March 12, 2008, the EPA revised 

both the primary and secondary NAAQS 

for ozone to a level of 0.075 parts per 

million (ppm) (annual fourth-highest 

daily maximum 8-hour average 

concentration, averaged over three 

years) to provide increased protection of 

public health and the environment. See 

73 FR 16436 (March 27, 2008). The 2008 


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ozone NAAQS retains the same general 

form and averaging time as the 0.08 

ppm NAAQS set in 1997 but is set at a 

more protective level. Under the EPA’s 

regulations at 40 CFR part 50, the 2008 

8-hour ozone NAAQS is attained when 

the 3-year average of the annual fourth 

highest daily maximum 8-hour average 

ambient air quality ozone 

concentrations is less than or equal to 

0.075 ppm. See 40 CFR 50.15. 

Effective July 20, 2012, the EPA 

designated as nonattainment any area 

that was violating the 2008 8-hour 

ozone NAAQS based on the most recent 

three years (2008 through 2010) of air 

monitoring data. See 77 FR 30088 (May 

21, 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. See 40 CFR 81.333. The 

Jamestown nonattainment area is 

composed of Chautauqua County. 

Because the NYMA and Jamestown 

areas were designated as ozone 

nonattainment areas, an ozone 

emissions inventory is needed for this 

area for air quality program planning 

purposes. Areas that were designated as 

marginal nonattainment were required 

to attain the 2008 8-hour ozone NAAQS 

no later than July 20, 2015 based on 

monitoring data from 2012 through 

2014. On May 14, 2016, the EPA 

published its determination that the 

Jamestown area attained the 2008 ozone 

standard by the July 20, 2015 attainment 

date and that the NYMA area had failed 

to attain the 2008 8-hour ozone NAAQS 

by the attainment deadline. See 81 FR 

26697. As a result, the NYMA area was 

reclassified to moderate nonattainment. 

See 40 CFR 81.306. Moderate areas are 

required to attain the 2008 8-hour ozone 

NAAQS by no later than six years after 

the effective date of designations or July 

20, 2018. See 40 CFR 51.903. On August 

23, 2019, the EPA published its 

determination that the NYMA area had 

failed to attain the 2008 8-hour ozone 

NAAQS by the July 20, 2018 deadline, 

and so the EPA reclassified the NYMA 

area to serious nonattainment. 84 FR 

44238. 

A. Statutory and Regulatory 

Requirements for a Periodic Emissions 

Inventory 

Section 182(a)(3) and 172(c)(3) of the 

Clean Air Act requires the periodic 

submission of emissions inventories for 

the SIP planning process to address the 

pollutants for the ozone and carbon 

monoxide NAAQS. Identifying the 

calendar year gives certainty to states 

that require submission of the ozone 

and CO emission inventories 

periodically. These requirements allow 

the EPA to periodically reassess its 

policies and air quality standards and 

revise them as necessary based on the 

states’ progress in reducing emissions. 

Most importantly, the ozone and CO 

inventories will be used to develop and 

assess new control strategies that the 

states may use in attainment 

demonstration SIPs for the ozone and 

CO NAAQS. The inventory may also 

serve as part of statewide inventories for 

purposes of regional modeling in 

transport areas. The inventory plays an 

important role in modeling 

demonstrations for areas classified as 

nonattainment and outside transport 

regions. 

II. Description of State’s Submittals 

CAA Section 182, subpart 2 outlines 

SIP requirements applicable to ozone 

nonattainment areas in each 

classification category. On November 

13, 2017, NYSDEC submitted SIP 

revisions for the 2011 calendar year 

ozone precursor emission inventory for 

volatile organic compounds, oxides of 

nitrogen, and carbon monoxide for the 

NYMA classified as moderate ozone 

nonattainment for the 2008 8-hour 

ozone standard, and Jamestown 

(Chautauqua County) ozone 

nonattainment area classified as 

marginal for the 2008 8-hour ozone 

standard. In addition, the SIP revision 

consists of the 2011 calendar year 

statewide periodic emissions inventory 

for volatile organic compounds, oxides 

of nitrogen, and carbon monoxide. 

III. Evaluation of State’s Submittals and 

Technical Information 

A. 2011 Base Year 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. 

Additionally, for the 2008 ozone 

NAAQS, the EPA’s March 6, 2015 ozone 

rule recommends 2011 as a baseline 

year from which emission reductions 

used to meet reasonable further progress 

requirements are creditable. See 80 FR 

12264. 

On November 13, 2017, NYSDEC 

submitted to the EPA an emissions 

inventory of ozone precursors for 2011 

as a SIP revision request. The inventory 

was submitted to meet the CAA section 

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

year inventory. The State conducted a 

public comment process on the 

inventory which concluded on August 

21, 2017 with a public hearing. The 

State did not receive public comments 

on the 2011 emissions inventories 

during the public comment period or 

during the hearing. The inventory 

includes emission estimates in tons per 

year and tons per ozone season day and 

represent emissions estimates from 

stationary and mobile source categories 

during a typical summer day when 

ozone formation is highest. The ozone 

emissions inventory catalogs NOX and 

VOC emissions because these pollutants 

are precursors to ozone formation. 

NYSDEC’s 2011 emissions inventory 

contains emission estimates at the 

county level and also contains emission 

estimates summed to the geographic 

areas that correspond to the State’s two 

nonattainment areas. 

B. Evaluation of State’s Submittals 

Based on the EPA’s review, the 2011 

base year emissions inventory for the 

NYMA, the Jamestown area, and the 

entire State include essential data 

elements, source categories, sample 

calculations, or report documentation to 

allow the EPA to adequately determine 

if the inventory is accurate and 

complete. Consequently, New York’s 

2011 base year emissions inventory is 

consistent with the ozone base year 

emission inventory reporting 

requirements based on EPA guidance. 

New York’s 2011 base year inventory is 

consistent with the ozone base year 

emission inventory reporting 

requirements for the following reasons: 

1. Evidence that the inventory was 

quality assured by the State and its 

implementation documented; 

2. The point source inventory must be 

complete; 

3. Point source emissions must have 

been prepared or calculated according 

to current EPA guidance; 

4. The area source inventory must be 

complete; 

5. The area source emissions must 

have been prepared or calculated 

according to current EPA guidance; 

6. Non-road mobile emissions must 

have been prepared according to current 

EPA guidance for all of the source 

categories; 

7. The method (e.g., Highway 

Performance Monitoring System or a 


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network transportation planning model) 

used to develop the vehicle miles 

travelled (VMT) estimates must follow 

EPA guidance. (The VMT development 

methods were described and 

documented in the inventory report.) 

8. On-road mobile emissions were 

prepared according to the guidance. 

Annual and ozone season day point, 

area, non-road, on-road, and biogenic 

emissions are identified in the 

inventory. Based on the EPA’s review, 

New York satisfies all of the EPA’s 

requirements for purposes of providing 

a comprehensive accurate, and current 

inventory of actual emissions for the 

ozone nonattainment. A summary of the 

EPA’s review is given below: 

1. The Quality Assurance (QA) plan 

was implemented for all portions of the 

inventory. The QA plan included a QA/ 

Quality control (QC) program for 

assessing data completeness and 

standard range checking. Critical data 

elements relative to the inventory 

sources were assessed for completeness. 

QA checks were performed relative to 

data collection and analysis, and double 

counting of emissions from point, area, 

and mobile sources. QA/QC checks 

were conducted to ensure accuracy of 

units, unit conversions, transposition of 

figures, and calculations. The inventory 

is well documented. New York provided 

documentation detailing the methods 

used to develop emissions estimates for 

each category. In addition, New York 

identified the sources of data it used to 

develop the inventory; 

2. The point source emissions are 

complete in accordance with EPA 

guidance; 

3. The point source emissions were 

prepared and calculated in accordance 

with EPA guidance; 

4. The area source emissions are 

complete in accordance with EPA 

guidance; 

5. Area source emissions were 

prepared and calculated in accordance 

with EPA guidance; 

6. Emission estimates for the non-road 

mobile source categories are correctly 

based on the latest non-road mobile 

model or other appropriate guidance 

and prepared in accordance with EPA 

guidance; 

7. The method used to develop VMT 

estimates is in accordance with EPA 

guidance and was adequately described 

and documented in the inventory 

report; and, 

8. The latest Motor Vehicle Emission 

Simulator (MOVES2014a) model was 

used in accordance with EPA guidance. 

New York’s 2011 ozone emission 

inventory has been developed in 

accordance with EPA guidance. 

Therefore, the EPA is proposing to 

approve the emission inventory. 

Detailed emission inventory 

development procedures can be found 

in the following document: Emission 

Inventory Guidance for Implementation 

of Ozone and Particulate Matter 

NAAQS and Regional Haze Regulation, 

dated July 2017; Using MOVES to 

Prepare Emission Inventories in State 

Implementation Plans and 

Transportation Conformity: Technical 

Guidance for MOVES2014, 2014a, 

November April 2015. 

Table 1—below shows the statewide 

summary of the 2011 Annual emissions. 

Tables 2–4 below show the 2011 CO, 

NOX, and VOC annual emission by 

category for the ozone nonattainment 

areas. Table 5-below shows the 

summary emission by category, in tons 

per ozone season day. 

TABLE 1—STATEWIDE SUMMARY OF 2011 ANNUAL EMISSIONS

[Tons] 

2011 New York State Annual 

Point Nonpoint Nonroad On-road Biogenic Total for 

all sectors 

CO ............................................................ 52,277 217,200 765,931 890,013 73,592 1,999,013 

NOX .......................................................... 51,048 65,602 104,725 173,269 8,516 403,160 

VOC ......................................................... 8,638 221,174 105,266 86,980 391,579 813,637 

TABLE 2—NYMA AND JAMESTOWN 2011 ANNUAL CO EMISSIONS

County name 

CO tons per year 

Point Nonpoint Nonroad On-road Biogenic Total for 

all sectors 

Bronx ........................................................ 481.38 1,804.33 12,589.03 19,739.31 69.11 34,683.16 

Kings ........................................................ 402.73 4,075.73 37,417.24 32,242.24 86.26 74,224.2 

Nassau ..................................................... 1,355.92 3,773.09 56,538.97 72,093.37 455.06 134,216.4 

New York ................................................. 1,382.31 3,302.12 74,065.45 29,523.84 31.40 108,305.1 

Queens ..................................................... 1,432.93 3,372.13 46,722.59 49,875.48 118.83 101,522.0 

Richmond ................................................. 771.13 2,260.14 11,978.46 14,483.11 98.51 29,591.35 

Rockland .................................................. 106.65 1,609.30 12,339.81 16,194.00 267.29 30,517.05 

Suffolk ...................................................... 2,245.55 8,580.85 94,937.08 102,473.20 1,982.01 210,218.7 

Westchester ............................................. 472.12 4,888.18 42,788.68 48,675.43 631.37 97,455.78 

Total .................................................. 8,650.71 33,665.87 389,377.30 385,299.98 3,739.81 820,733.7 

Chautauqua .............................................. 662.590 3,961.99 8,460.39 11,905.87 1471.83 26,462.7 


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TABLE 3—NYMA AND JAMESTOWN 2011 ANNUAL NOX EMISSIONS

County name 

NOX tons per year 

Point Nonpoint Nonroad On-road Biogenic Total for 

all sectors 

Bronx ........................................................ 563.91 2,571.79 2,387.14 4,822.04 7.68 10,352.56 

Kings ........................................................ 1,063.94 5,484.64 5,348.52 7,563.46 10.54 19,471.10 

Nassau ..................................................... 2,518.47 4,153.45 3,751.43 12,522.14 35.70 22,981.19 

New York ................................................. 3,147.56 10,786.66 13,137.78 7,066.32 5.03 34,143.35 

Queens ..................................................... 2,370.14 4,734.23 10,425.27 10,801.61 15.53 28,346.78 

Richmond ................................................. 895.39 1,082.34 2,540.24 2,727.46 8.54 7,253.97 

Rockland .................................................. 360.39 903.75 1,207.22 2,642.45 19.22 5,133.03 

Suffolk ...................................................... 3,298.58 4,309.39 14,171.66 16,959.84 150.76 38,890.23 

Westchester ............................................. 1,344.18 3,224.12 2,999.25 7,736.45 46.56 15,350.56 

Total .................................................. 15,562.58 37,250.25 55,968.49 72,841.76 299.56 181,922.77 

Chautauqua .............................................. 2141.81 815.65 2,289.15 2,776.52 245.69 8,268.82 

TABLE 4—NYMA AND JAMESTOWN 2011 ANNUAL VOC EMISSIONS

County name 

VOC tons per year 

Point Nonpoint Nonroad On-road Biogenic Total for 

all sectors 

Bronx ........................................................ 39.77 10,525.42 1,142.39 2,035.09 498.54 1,4241.2 

Kings ........................................................ 303.59 19,127.05 2,957.06 3,382.77 389.63 26,160.1 

Nassau ..................................................... 263.49 12,096.49 4,596.46 7,215.96 3,247.33 27,419.7 

New York ................................................. 189.45 13,274.27 4,754.84 2,894.63 170.79 21,284 

Queens ..................................................... 239.63 18,293.89 3,841.17 5,260.83 682.95 28,318.5 

Richmond ................................................. 185.57 3,947.04 1,125.80 1,520.59 651.25 7,430.25 

Rockland .................................................. 74.03 2,834.50 1,341.89 1,450.91 2,767.01 8,468.34 

Suffolk ...................................................... 457.17 15,980.50 10,969.88 9,750.32 13,821.42 50,979.3 

Westchester ............................................. 79.94 9,264.73 3,935.55 4,468.14 4,956.84 22,705.2 

Total .................................................. 1,832.65 105,343.90 34,665.05 37,979.23 2,7185.8 207,007 

Chautauqua .............................................. 167.75 6,726.66 1,515.54 1,152.29 245.69 9,807.93 

TABLE 5—NYMA AND JAMESTOWN SUMMARY OF 2011 OSD EMISSIONS

[Tons per day] 

2011 New York Metropolitan Area (NYMA) ozone season day Jamestown Area ozone season day 

Point Nonpoint Nonroad On-road Biogenic 

Total 

for all 

sectors * 

Point Nonpoint Nonroad On-road Biogenic 

Total for 

all 

sectors 

CO ..................... 90.57 46.18 1,088.43 1,018.81 22.11 2,264.10 4.46 5.49 23.64 28.72 9.17 71.48 

NOX ................... 344.88 52.49 155.07 205.86 1.35 759.65 10.31 1.60 23.64 7.83 1.13 44.51 

VOC ................... 11.26 301.11 96.88 104.46 191.15 704.86 1.06 18.36 4.23 3.07 45.75 72.47 

IV. Proposed Action 

The New York emission inventory SIP 

revision will ensure that the 

requirements for emission inventory 

measures and reporting are adequately 

met. To comply with the emission 

inventory requirements, on November 

13, 2017, NYSDEC submitted the 

complete inventory containing point, 

area, on-road, non-road mobile, and 

biogenic source data, and accompanying 

documentation. The EPA is proposing to 

approve New York’s 2011 emission 

inventory SIP revision submittal as 

meeting the essential reporting 

requirements for emission inventories. 

The EPA has also determined that the 

SIP revision meets the requirements for 

emission inventories in accordance with 

EPA guidance. Therefore, the EPA is 

proposing to approve a revision to the 

New York SIP which pertains to the 

following: 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 NYNJ-CT serious nonattainment area and 

for the Jamestown marginal 

nonattainment area. In addition, the 

EPA is proposing to approve 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. Interested 

parties may participate in the Federal 

rulemaking procedure by submitting 

written comments to the EPA Region 2 

Office by the method discussed in the 

ADDRESSES section of this action. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 


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approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this 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 Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629 (February 16, 1994)). 

In addition, the SIP 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, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: June 24, 2021. 

Walter Mugdan, 

Acting Regional Administrator, EPA Region 

2. 

[FR Doc. 2021–14056 Filed 6–30–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2020–0301; FRL 10025–51– 

Region 2] 

Approval of Air Quality Implementation 

Plans; New York; Infrastructure 

Requirements for the 2015 Ozone, 

National Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

elements of New York’s State 

Implementation Plan (SIP) revisions, 

submitted to demonstrate that the State 

meets the requirements of section 

110(a)(1) and (2) of the Clean Air Act 

(CAA) for the 2015 Ozone National 

Ambient Air Quality Standards 

(NAAQS). Section 110(a) of the CAA 

requires that each state adopt and 

submit for approval into the SIP a plan 

for the implementation, maintenance 

and enforcement of each NAAQS 

promulgated by the EPA. 

DATES: Comments must be received on 

or before August 2, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2020–0301 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. To reduce the 

risk of COVID–19 transmission, for this 

action we will not be accepting 

comments submitted by mail or hand 

delivery. 

All documents in the docket are listed 

on the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically at 

www.regulations.gov. To reduce the 

transmission of COVID–19, we do not 

plan to offer hard-copy review of the 

docket for this action. Please email the 

person listed in the FOR FURTHER

INFORMATION CONTACT if you need to 

make alternative arrangements for 

access to the docket. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Linky, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3764, or by 

email at Linky.Edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is the EPA proposing? 

II. What is the background information? 

III. What is a section 110(a)(1) and (2) SIP? 

IV. What elements are required under section 

110(a)(1) and (2)? 

V. What is the EPA’s approach to the review 

of infrastructure SIP submissions? 

VI. What did New York submit? 

VII. How has the State addressed the 

elements of the section 110(a)(1) and (2) 

‘‘infrastructure’’ provisions? 

VIII. What action is the EPA taking? 

IX. Statutory and Executive Order Reviews 

I. What action is the EPA proposing? 

The EPA is proposing to approve 

elements of the State of New York 

Infrastructure State Implementation 

Plan (SIP) as meeting the section 

110(a)(1) and (2) infrastructure 

requirements of the Clean Air Act (CAA) 

for the 2015 Ozone National Ambient 

Air Quality Standards (NAAQS or 

standard), except for the CAA section 

110(2)(D)(i)(I) transport provisions 

which will be addressed in a separate 

action. As explained below, the EPA is 

proposing to find that the State has the 

necessary infrastructure, resources, and 

general authority to implement the 

standards noted above. 


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