[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18451]


[Federal Register: July 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[Region II Docket No. 132, SIPTRAX # NY14-1-6563, FRL-5022-5]


Clean Air Act Promulgation of Reclassification of Ozone 
Nonattainment Area; States of New Jersey and New York

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
reclassify the Poughkeepsie ozone nonattainment area from a marginal 
nonattainment area to a moderate nonattainment area. This action also 
proposes a determination that the Allentown-Bethlehem-Easton, NJ-PA; 
Albany-Schenectady-Troy, NY; Buffalo-Niagara Falls, NY; Essex County, 
NY; and, Jefferson County, NY ozone nonattainment areas classified as 
marginal have attained the ozone air quality standard by the attainment 
date of November 15, 1993. These actions are based on monitored air 
quality readings for the national ambient air quality standard for 
ozone during the years 1991-1993.

DATES: Comments must be received on or before August 29, 1994.

ADDRESSES: All comments should be addressed to: Jeanne M. Fox, Regional 
Administrator, Environmental Protection Agency, Region II Office, 26 
Federal Plaza, New York, NY, 10278.
    Materials relevant to this rulemaking are located in Rm. M-1500, 
First Floor, Waterside Mall, 40l M Street SW., Washington, DC, and may 
be inspected at this location during the hours from 8:30 a.m. to 12 
noon and from 1:30 p.m. to 3:30 p.m., Monday through Friday, except for 
legal holidays. A duplicate copy of the materials are located in the 
EPA Regional Office previously listed.

FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs 
Branch, Environmental Protection Agency, Region II Office, 26 Federal 
Plaza, Room 1034A, New York, NY, 10278, (212) 264-2517.

SUPPLEMENTARY INFORMATION:

I. Background

A. Clean Air Act Requirements and EPA Actions Concerning Designation 
and Classification

    Section 107(d)(4) of the Clean Air Act (the Act) required the 
States and EPA to designate areas as attainment, nonattainment, or 
unclassifiable for ozone as well as other pollutants for which national 
ambient air quality standards (NAAQS) have been set. Section 181(a)(1) 
(table 1) required that ozone nonattainment areas be classified as 
marginal, moderate, serious, severe, or extreme, depending on their air 
quality.
    In a series of Federal Register (FR) notices, EPA completed this 
designation and classification process. The reader is referred to 56 FR 
58694 (Nov. 6, 1991); 57 FR 56762 (Nov. 30, 1992); and, 59 FR 18967 
(April 21, 1994), in which, EPA designated and classified all areas of 
the country for ozone.
    Areas designated nonattainment for ozone are required to meet 
attainment dates specified under the Act. For areas classified marginal 
through extreme, the attainment dates range from November 15, 1993 
through November 15, 2010. A discussion of the attainment dates is 
found in the General Preamble, 57 FR 13498 (April 16, 1992).
    The Allentown-Bethlehem-Easton, NJ-PA; Albany-Schenectady-Troy, NY; 
Buffalo-Niagara Falls, NY; Essex County, NY; Jefferson County, NY; and, 
Poughkeepsie, NY areas were designated nonattainment and classified 
marginal for ozone pursuant to 56 FR 58694 (Nov. 6, 1991); 57 FR 56762 
(Nov. 30, 1992); and, 59 FR 18967 (April 21, 1994). By this 
classification, their attainment date became November 15, 1993.

B. Act Requirements and EPA Actions Concerning Reclassification

    Section 181(b)(2)(A) requires the Administrator, shortly after the 
attainment date, to determine whether ozone nonattainment areas 
attained the NAAQS. This provision states:

    Within 6 months following the applicable attainment date 
(including any extension thereof) for an ozone nonattainment area, 
the Administrator shall determine, based on the area's design value 
(as of the attainment date), whether the area attained the standard 
by that date.

    This provision further states that, for areas classified as 
marginal, moderate, or serious, if the Administrator determines that 
the area did not attain the standard by its attainment date, the area 
must be reclassified upwards:

    Except for any Severe or Extreme area, any area that the 
Administrator finds has not attained the standard by that date shall 
be reclassified by operation of law in accordance with table 1 of 
subsection (a) of this section to the higher of--
    (i) the next higher classification for the area, or
    (ii) the classification applicable to the area's design value as 
determined at the time of the notice required under subparagraph 
(B).

    Finally, subparagraph (B) of Section 182(b)(2) mandates that the 
Administrator publish a notice in the Federal Register identifying each 
area that failed to attain the NAAQS.
    As quoted previously, the determination of attainment status is 
based on the area's ``design value.'' EPA interprets this provision 
generally to refer to EPA's methodology for determining attainment 
status. See generally, H Comm. Rep. 101-490 pp. 197, 232 (1990) (House 
Energy and Commerce Committee Report).
    For ozone, EPA determines attainment status on the basis of the 
expected number of exceedances of the NAAQS over the three-year period 
up to, and including, the attainment date. This procedure is described 
in 57 FR 13506 (April 16, 1992). Under these requirements, for marginal 
ozone nonattainment areas, EPA considers air quality during the years 
1991-1993 to determine whether the area met its attainment date.

II. Summary of Proposed Action

    EPA is proposing to determine that the Poughkeepsie nonattainment 
area failed to demonstrate attainment by its attainment date of 
November 15, 1993. The Poughkeepsie ozone nonattainment area is 
comprised of Dutchess County, northern Orange County and Putnam County, 
NY. As discussed in the accompanying technical support document, this 
determination is based on air quality monitors revealing exceedances of 
the ozone NAAQS during 1991-1993. The Poughkeepsie area recorded four 
exceedances of the NAAQS at a monitoring site in Millbrook, Dutchess 
County. Therefore, the average expected number of exceedances of the 
NAAQS over the three-year period is greater than 1.0. The ozone data 
measured at the Millbrook monitor during the 1991-1993 period indicates 
a design value of 0.126 parts per million and an average expected 
number of exceedances of 1.4. Therefore, the EPA is proposing to 
reclassify or bump-up the Poughkeepsie ozone nonattainment area from a 
marginal nonattainment area to a moderate nonattainment area.
    It should be noted that on April 21, 1994 in 59 FR 18967, EPA made 
a final determination that portions of Orange County are included in 
the Poughkeepsie ozone nonattainment area. An opportunity for public 
comment on the designation of northern Orange County was given on 
November 30, 1992 in 57 FR 56762. As a result of this proposal to 
reclassify the Poughkeepsie nonattainment area, portions of Orange 
County would become moderate nonattainment along with Dutchess and 
Putnam Counties. EPA's final decision to include portions of Orange 
County in the Poughkeepsie ozone nonattainment area is not the subject 
of this proposal, and EPA is not soliciting comments on its final 
action in that regard.
    This proposed rule fulfills EPA's obligations under Section 
181(b)(2) to determine whether the Poughkeepsie area attained the ozone 
NAAQS by its attainment date, and to publish its determination in the 
Federal Register.
    Under Section 182(i) of the Act, reclassifying this area as 
moderate means that the State will be required to submit State 
Implementation Plan (SIP) revisions appropriate for a moderate area 
under Section 182(b). Section 182(i) further provides that the 
deadlines provided under the requirements of Section 182(b) remain 
applicable to this area, except that the Administrator (or the 
Administrator's delegate) ``may adjust any applicable deadlines (other 
than attainment dates) to the extent such adjustment is necessary or 
appropriate to assure consistency among the required submissions.'' 
Accordingly, reclassification to moderate results in an attainment date 
for this area of November 15, 1996, under Section 181(a)(1) (table 1).
    However, EPA is exercising its authority to adjust the SIP 
submission schedules for the moderate area controls. All SIP 
submissions required under Section 182(b) must be submitted by November 
15, 1995. All required controls and emissions reductions must be 
implemented or achieved on a schedule that facilitates attainment by 
November 15, 1996 (the attainment date). This submittal date will 
assure consistency in SIP submittal schedules and afford the State 
sufficient time to prepare the submittals, while also assuring that the 
required controls may be implemented by the attainment date. EPA 
cautions that because the determination of whether the area attains the 
NAAQS by the end of 1996 must be based on air quality during the 1994-
1996 period, the sooner the moderate-area controls are implemented, the 
more likely the area will reach attainment by the end of 1996.
    In addition, EPA is proposing a determination that the Allentown-
Bethlehem-Easton, NJ-PA; Albany-Schenectady-Troy, NY; Buffalo-Niagara 
Falls, NY; Essex County, NY; and, Jefferson County, NY marginal 
nonattainment areas succeeded in demonstrating attainment by their 
attainment date of November 15, 1993. As discussed in the accompanying 
technical support document, this determination is based on ozone air 
quality data measured during the 1991-1993 period. These five marginal 
areas recorded none or only one exceedance of the standard at any one 
monitoring site in the area. Therefore, the average expected number of 
exceedances of the NAAQS over the three-year period, for these five 
areas, is less than 1.0.
    Although EPA is proposing to determine that these areas have 
attained the ozone NAAQS, they will continue to carry the designation 
of nonattainment and the classification of marginal. They are eligible 
to be redesignated to attainment under Section 107(d)(3), if the 
criteria of that provision are met. A redesignation of an area to 
attainment must be a formal request by a state to EPA and include, 
among other things, a public hearing, all Section 110 and Part D 
requirements and a ten year maintenance plan. EPA must review a 
redesignation request and follow the usual procedures of a completeness 
review, a notice of proposed rulemaking and a final action after 
reviewing public comments.

Proposed Action

    The EPA is proposing to reclassify the Poughkeepsie ozone 
nonattainment area from a marginal nonattainment area to a moderate 
nonattainment area. This action also proposes a determination that the 
Allentown-Bethlehem-Easton, NJ-PA; Albany-Schenectady-Troy, NY; 
Buffalo-Niagara Falls, NY; Essex County, NY; and, Jefferson County, NY 
ozone nonattainment areas classified as marginal have attained the 
ozone air quality standard by the attainment date of November 15, 1993. 
These actions are based on measured ozone air quality levels during the 
years 1991-1993.
    Nothing in this proposed rule should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    The Office of Management and Budget has exempted this action from 
review Under Executive Order 12866.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    Reclassification of nonattainment areas under Section 181 of the 
Act do not create any new requirements. Therefore, because the federal 
SIP approval does not impose any new requirements, I certify that it 
does not have a significant impact on small entities. Moveover, due to 
the nature of the federal-state relationship under the Clean Air Act, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v US EPA, 427 US 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Authority: 42 U.S.C 7401-7671q.

    Dated: July 14, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-18451 Filed 7-27-94; 8:45 am]
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