[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Rules and Regulations]
[Pages 51264-51266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21097]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2010-1058; FRL-9453-2]
Approval and Promulgation of Implementation Plans; New York
Reasonable Further Progress Plans, Emissions Inventories, Contingency
Measures and Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a proposed State Implementation Plan revision submitted by
New York that are intended to meet several Clean Air Act requirements
for attaining the 0.08 part per million 8-hour ozone national ambient
air quality standards. Specifically, EPA is approving into the SIP the
following elements which are required by the Act: The 2002 base year
and 2008 projection year emissions inventories, the 2008 motor vehicle
emissions budgets used for planning purposes, the 2008 Reasonable
Further Progress (RFP) plan, and the 2008 RFP Plan contingency measures
as they apply to the New York portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate nonattainment area.
EPA is also approving the 2002 base year emissions inventory for the
Poughkeepsie 8-hour ozone moderate nonattainment area and the state-
wide 2002 base year ozone emissions inventory.
DATES: Effective Date: This rule is effective on September 19, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2010-1058. All documents in the docket are listed on
the http://www.regulations.gov Web site. 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
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. This Docket Facility is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is 212-637-4249.
FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10278, (212) 637-3716.
SUPPLEMENTARY INFORMATION:
I. Background
On March 31, 2011 (76 FR 17801), EPA proposed approval of the New
York State Implementation Plan (SIP) submitted on February 8, 2008 and
supplemented on December 28, 2009 and January 26, 2011. The SIP
submittal addresses the requirements for the New York portion of the
New York-Northern New Jersey-Long Island and Poughkeepsie 8-hour ozone
moderate nonattainment areas. The New York portion of the New York-
Northern New
[[Page 51265]]
Jersey-Long Island area is composed of the five boroughs of New York
City and the counties of Nassau, Suffolk, Westchester and Rockland
(referred to as the New York Metro Area). The Poughkeepsie area is
composed of Dutchess, Orange and Putnam counties.
The following Clean Air Act (CAA) requirements were the subject of
the March 31, 2011 proposal: The 2002 base year emissions inventory,
the 2008 projection year emissions inventories, the 2008 motor vehicle
emissions budgets used for planning purposes, the 2008 RFP plan, the
2008 RFP Plan contingency measures as they apply to the New York
portion of the New York Metro ozone moderate nonattainment area, the
2002 base year emissions inventory for the Poughkeepsie 8-hour ozone
moderate nonattainment area and the state-wide 2002 base year ozone
emissions inventory.
With respect to the Poughkeepsie area, EPA has evaluated its air
quality monitoring data and has determined the Poughkeepsie area has
attained the 8-hour ozone standard. On December 7, 2009, EPA announced
this determination in the Federal Register (74 FR 63993). Consistent
with 40 CFR 51.918, this determination suspends the requirements for
various SIP items, including, the requirement to submit an attainment
demonstration, an RFP plan, and section 172(c)(9) contingency measures
for the eight-hour ozone NAAQS for so long as the area continues to
attain the ozone NAAQS. Therefore, EPA is not taking action on these
proposed SIP elements for the Poughkeepsie area that are contained in
the 8-hour ozone SIP proposal that was submitted to EPA on February 8,
2008. However, EPA is taking action on the 2002 base year emissions
inventory for the Poughkeepsie Area.
A detailed discussion of the SIP revisions and EPA's rationale for
approving them is contained in the March 31, 2011 proposal and will not
be restated here. The reader is referred to the proposal for more
details.
II. Public Notice
EPA received no comments in response to the March 31, 2011
proposal. Therefore, in this action, EPA is approving New York's plans.
III. Conclusion
EPA has evaluated New York's submittal for consistency with the
Clean Air Act and Agency regulations and policy. EPA is approving into
the SIP the following components for the New York portion of the New
York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate
nonattainment area which are required by the Act: the 2002 base and
2008 projection year emissions inventories, the 2008 motor vehicle
emissions budgets used for planning purposes, the 2008 RFP plan, and
the 2008 RFP Plan contingency measures. These components were submitted
to EPA by New York in a package entitled ``New York SIP for Ozone--
Attainment Demonstration for New York Metro Area,'' dated February 8,
2008 and supplemented on December 28, 2009 and January 26, 2011.
EPA is also approving the 2002 base year emissions inventory for
the Poughkeepsie 8-hour ozone moderate nonattainment area and the
state-wide 2002 base year emissions inventory. New York submitted these
revisions to EPA for review and approval on February 8, 2008 in a
package entitled, ``New York SIP for Ozone--Attainment Demonstration
for Poughkeepsie, NY Area'' and supplemented on December 28, 2009 and
January 26, 2011.
IV. 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 17, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference,
[[Page 51266]]
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: August 4, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. Section 52.1670 is amended by adding an entry to end of table in
paragraph (e) to read as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(e) * * *
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Applicable
geographic or New York
Action/SIP element nonattainment submittal date EPA approval date Explanation
area
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* * * * * * *
2002 base year emissions New York portion 2/8/2008 August 18, 2011..........
inventory; of the New York- supplemented
2008 projection year emissions Northern New on 12/28/2009
inventories;. Jersey-Long and 1/26/2011.
2008 motor vehicle emissions Island 8-hour
budgets used for planning ozone
purposes;. nonattainment
2008 ozone reasonable further area.
progress (RFP) plan; and.
2008 RFP Plan contingency
measures..
2002 base year emissions Poughkeepsie 8- 2/8/2008 August 18, 2011..........
inventory. hour ozone supplemented
moderate on 12/28/2009
nonattainment and 1/26/2011.
area.
2002 base year emissions State-wide...... 2/8/2008 August 18, 2011..........
inventory. supplemented
on 12/28/2009
and 1/26/2011.
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0
3. Section 52.1683 is amended by adding paragraph (l) to read as
follows:
Sec. 52.1683 Control Strategy: Ozone.
* * * * *
(l)(1) The following State Implementation Plan (SIP) elements are
approved: The 2002 base year emissions inventory, the 2008 projection
year emissions inventories, the 2008 motor vehicle emissions budgets
used for planning purposes, the 2008 ozone reasonable further progress
(RFP) plan, and the 2008 RFP Plan contingency measures as they apply to
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT 8-hour ozone moderate nonattainment area. These elements are
included in the package entitled ``New York SIP for Ozone-Attainment
Demonstration for New York Metro Area,'' dated February 8, 2008 and
supplemented on December 28, 2009 and January 26, 2011.
(2) The following SIP elements are approved: The 2002 base year
emissions inventory for the Poughkeepsie 8-hour ozone moderate
nonattainment area and the state-wide 2002 base year emissions
inventory. These elements are included in a package entitled, ``New
York SIP for Ozone-Attainment Demonstration for Poughkeepsie, NY
Area,'' dated February 8, 2008 and supplemented on December 28, 2009
and January 26, 2011.
[FR Doc. 2011-21097 Filed 8-17-11; 8:45 am]
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