New York Ozone Emission Standards Approval
Summary
The Environmental Protection Agency (EPA) is approving portions of the comprehensive State Implementation Plan (SIP) revisions submitted by New York State that certify that the State has satisfied the requirements for an emission statement program for both the Serious and Moderate classifications of the 2008 and 2015 ozone National Ambient Air Quality Standards (NAAQS), respectively. These actions are being taken in accordance with the requirements of the Clean Air Act (CAA). The EPA proposed to approve this SIP revision on May 8, 2025, and received no comments.
Compliance Requirements
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Certification of the State’s Emission Statement Program Pursuant to CAA section 182(c) for the 2008 Ozone NAAQS–Serious Classification; Certification of the State’s Emission Statement Program Pursuant to CAA sections 182(a)(3)(B) and 182(b) for the 2015 Ozone NAAQS–Moderate Classification; Implementation and enforcement of state-wide federally approved regulation at Title 6 of the New York Code of Rules and Regulation (NYCRR) subpart 202-2, “Emission Statements”
Market Impacts
Approval of New York State's certification that it has satisfied the requirements for an emission statement program for the 2008 and 2015 ozone NAAQS, affecting entities in the specified nonattainment area.
Validated Company Impacts
DOW INC.
Dow Inc. operates chemical manufacturing facilities that emit pollutants regulated under ozone NAAQS, and with likely operations in the New York nonattainment area, they would be subject to emission statement requirements, indicating good alignment with material impact. No company risk factors are provided to assess alignment with the rule's impacts. The rule specifically targets emission statement programs in New York, which may not relate to undisclosed company operations or risks.
FMC CORP
FMC Corp operates chemical manufacturing facilities in New York State, which fall within the ozone nonattainment area covered by this rule. Their emission-intensive operations, particularly in agricultural chemical production, directly align with the requirements for emission statement programs under the Clean Air Act. The federal rule involves emission statement requirements for ozone standards in New York, which aligns with the company's risk factors related to GHG emissions regulations and non-financial disclosure mandates, indicating potential compliance impacts. However, the specific focus on ozone and geographic limitations may result in only minor or indirect effects without confirmation of the company's operations in the affected area.
OLIN Corp
OLIN Corp's chemical manufacturing segments, such as Chlor Alkali and Epoxy, involve processes that likely emit air pollutants regulated under ozone NAAQS, indicating some operational alignment. However, the rule is geographically specific to New York State, and without confirmation of the company's operations in that area, the alignment is uncertain and potential impact is minor. The federal rule focuses on environmental regulatory compliance for emission statements in New York, which directly aligns with the company's top risk of 'Environmental Obligations (regulatory)'. This indicates potential material impact if the company operates in the affected area, reinforcing existing risk concerns.
PPG INDUSTRIES INC
PPG's manufacturing operations in paints and coatings likely involve emissions of volatile organic compounds (VOCs) and other pollutants regulated under ozone NAAQS, which aligns with the rule's focus on emission statements. If PPG has facilities in the New York nonattainment area, they would be subject to these requirements, indicating material impact. The federal rule focuses on environmental compliance and emission statements for ozone standards in New York, which does not address any of the company's identified financial and market risks, such as foreign currency or interest rate fluctuations. There is no overlap between the rule's impacts and the company's risk profile.
Sunoco LP
Sunoco LP operates in the petroleum industry, which involves emissions of ozone precursors like VOCs and NOx from refining and retail operations. The company has facilities in New York, falling within the specified nonattainment area, making it subject to the emission statement requirements under this rule. The federal rule focuses on emission statement certifications for ozone standards, which is an environmental regulatory compliance issue, while the company's only disclosed risk is about conflict of interest in related party transactions, a corporate governance matter. There is no overlap in the specific risk areas addressed.
Air Products & Chemicals, Inc.
Air Products & Chemicals, Inc. operates in the industrial gases and chemicals sector, which involves emissions that could be regulated under ozone NAAQS. Their likely presence in the New York nonattainment area means they are subject to emission statement requirements, indicating good alignment with the rule's scope. No specific risk factors are provided for the company, making it impossible to assess alignment. The federal rule is narrowly focused on emission statement certifications for ozone NAAQS compliance in New York State, targeting entities in specific nonattainment areas. Without any indication of the company's operations, geographic presence, or risk profile, there is no basis for risk factor overlap.
Celanese Corp
The federal rule specifically applies to entities in the New York nonattainment area for ozone emissions, but Celanese Corp's primary business operations in chemical manufacturing are not located in this geographic region, resulting in no direct alignment. The federal rule involves environmental compliance requirements for emission statements, which directly aligns with the company's risk factor of environmental regulations leading to potential liability and increased compliance costs. This suggests a material impact if the company operates in the affected geographic area.
COLGATE PALMOLIVE CO
Colgate-Palmolive operates manufacturing facilities in New York State that emit air pollutants, such as volatile organic compounds (VOCs) and nitrogen oxides (NOx), which are regulated under the Clean Air Act and subject to emission statement requirements in the specified nonattainment area. This aligns with the rule's focus on entities in the New York portion of the NY-NJ-CT nonattainment area, indicating a material impact on their operations. The federal rule pertains to environmental emission statements for ozone standards in New York, which does not align with any of the company's disclosed risk factors. The company's risks focus on financial, tax, operational, and other regulatory areas, with no mention of environmental compliance or air quality concerns.
ESTEE LAUDER COMPANIES INC
Estee Lauder operates manufacturing and distribution facilities in New York, which falls within the specified nonattainment area for ozone NAAQS, and their cosmetics production likely involves emission sources such as VOCs that would require compliance with emission statement programs under this rule, indicating material impact. The federal rule pertains to environmental compliance with ozone emission statements in New York, which does not align with the company's identified cybersecurity risks. There are no overlapping risk factors, as the rule addresses air quality regulations rather than technology threats.