[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24805]


[[Page Unknown]]

[Federal Register: October 6, 1994]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[Region II Docket No. 135, NY14-2-6676, FRL-5086-3]

 

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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is announcing its 
final decision to reclassify the Poughkeepsie ozone nonattainment area 
from a marginal nonattainment area to a moderate nonattainment area. 
This action also announces a final determination that the Albany-
Schenectady-Troy, NY; Allentown-Bethlehem-Easton, NJ-PA; 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 of the national 
ambient air quality standard for ozone during the years 1991-1993.

EFFECTIVE DATE: This action will be effective on November 7, 1994.

ADDRESSES: Materials relevant to this rulemaking are included in Air 
Docket A-90-42, located in Rm. M-1500, First Floor, Waterside Mall, 40l 
M St., 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 docket is located in the EPA Regional Office listed below.

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

SUPPLEMENTARY INFORMATION: On July 28, 1994, the EPA published in the 
Federal Register (59 FR 38410) a Notice of Proposed Rulemaking (NPR) 
concerning the reclassification of the Poughkeepsie ozone nonattainment 
area from marginal to moderate. The NPR also proposed a determination 
that the Albany-Schenectady-Troy, NY; Allentown-Bethlehem-Easton, NJ-
PA; Buffalo-Niagara Falls, NY; Essex County, NY; and, Jefferson County, 
NY marginal nonattainment areas attained the ozone air quality standard 
by the attainment date of November 15, 1993. The reclassification and 
determinations are based solely on ozone air quality data measured 
during the 1991-1993 period.
    The rationale for EPA's proposed action was explained in the NPR 
and will not be restated here since EPA's final action does not differ 
from the proposed action in the NPR. EPA received eleven separate 
letters submitted by the public in support of the proposed 
reclassification of the Poughkeepsie area. No adverse comments were 
received on the NPR. Therefore, EPA is finalizing the proposed 
reclassification of the Poughkeepsie nonattainment area. This rule 
fulfills EPA's obligations under Section 181(b)(2) to determine whether 
the Poughkeepsie area attained the ozone national ambient air quality 
standards (NAAQS) by its attainment date, and to publish its 
determination in the Federal Register.
    No comments were received on the proposed attainment determinations 
of the Albany-Schenectady-Troy, NY; Allentown-Bethlehem-Easton, NJ-PA; 
Buffalo-Niagara Falls, NY; Essex County, NY; and, Jefferson County, NY 
marginal nonattainment areas. Therefore, this rule also fulfills EPA's 
obligation under Section 181(b)(2)(A) which requires the Administrator, 
shortly after the attainment date, to determine whether ozone 
nonattainment areas attained the NAAQS.

Final Action

    The EPA is reclassifying the Poughkeepsie ozone nonattainment area 
from a marginal nonattainment area to a moderate nonattainment area. 
This action also determines that the Albany-Schenectady-Troy, NY; 
Allentown-Bethlehem-Easton, NJ-PA; 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. 
Consequently, these areas are eligible to be redesignated to attainment 
under section 107(d)(3), if the criteria of that provision are met.
    Nothing in this final 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.
    Under Executive Order 12866, which revoked and replaced Executive 
Order 12291, EPA is required to judge whether an action is a 
``significant regulatory action'' and therefore subject to the 
requirement of a regulatory impact analysis. The Agency has determined 
that this reclassification would not adversely affect the economy to 
the degree set forth in section 3(f) of the Executive Order as grounds 
for a finding that an action is a ``significant regulatory action.'' 
Furthermore, under the Executive Order, qualitative costs and benefits, 
such as environmental costs and benefits, are given as much weight in 
determining the impact of a regulatory action as quantifiable costs and 
benefits, such as economic costs and benefits. As such, the 
environmental benefits of this reclassification far outweigh any 
economic effect of this regulatory action. Consequently, this action 
will not undergo review by the Office of Management and Budget.
    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 significant new requirements applicable to small 
entities. This action does not directly regulate small entities and 
there are no alternatives to taking this action of the types identified 
in sections 603(c) and 604(a)(3) of the Regulatory Flexibility Act. 
Therefore, I certify that this action does not have a significant 
impact on small entities.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: September 30, 1994.
Carol M. Browner,
Administrator.
    40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

    2. In Sec. 81.333 the table for ``New York-Ozone'' under 
``Poughkeepsie Area'' is amended by revising the entries for ``Dutchess 
County'', ``Orange County (remainder)'', and ``Putnam County'' to read 
as follows:


Sec. 81.333  New York.

* * * * *

                                                 New York-Ozone                                                 
----------------------------------------------------------------------------------------------------------------
                                            Designation                             Classification              
       Designated area       -----------------------------------------------------------------------------------
                               Date\1\               Type                       Date\1\                 Type    
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Poughkeepsie Area:                                                                                              
  Dutchess County...........     1/6/92  Nonattainment..............  November 7, 1994...........  Moderate.    
  Orange County (remainder).  \2\4/21/9  Nonattainment..............  November 7, 1994\2\........  Moderate.    
                                      4                                                                         
  Putnam County.............    1/15/92  Nonattainment..............  November 7, 1994...........  Moderate.    
                                                                                                                
                                                  * * * * * * *                                                 
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      
\2\However, the effective date is November 15, 1990 for purposes of determining the scope of a ``covered area'' 
  under section 211(k)(10)(D), opt-in under section 211(k)(6), and the baseline determination of the 15%        
  reduction in volatile organic compounds under section 182(b)(1).                                              

* * * * *
[FR Doc. 94-24805 Filed 10-5-94; 8:45 am]
BILLING CODE 6560-50-P