[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Proposed Rules]
[Pages 5363-5364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2582]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[Region II Docket No. 149, NJ26-1-7294; FRL-5409-5]


Approval and Promulgation of Implementation Plans; Carbon 
Monoxide State Implementation Plan Revision States of New York, New 
Jersey and Connecticut

AGENCY: Environmental Protection Agency (EPA).

ACTION: Solicitation of Comment.

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SUMMARY: Section 211(m) of the Clean Air Act requires that the 
Administrator determine the period prone to high ambient concentrations 
of carbon monoxide (CO) for each area requiring an oxygenated gasoline 
program under that section. EPA previously proposed to determine that 
the period when the New York-Northern New Jersey-Long Island 
consolidated metropolitan statistical area is prone to high ambient 
concentrations of CO extends from November 1 to the last day of 
February. See 60 FR 47911 (September 15, 1995). EPA is here soliciting 
comment on that proposed determination for a limited purpose, to invite 
comment on additional information concerning emission modeling and data 
for the New Jersey portion of the area.

DATES: Comments must be received in writing on or before March 13, 
1996.

ADDRESSES: All comments should be addressed to: William J. Muszynski, 
P.E., Deputy Regional Administrator, Environmental Protection Agency, 
Region II Office, 290 Broadway, New York, New York 10007-1866 
Attention: William S. Baker.
    Copies of the state submittal(s) are available at the following 
addresses for inspection during normal business hours: Environmental 
Protection Agency, Region II Office, Library 16th Floor, 290 Broadway, 
New York, New York 10007-1866.

FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs 
Branch, Environmental Protection Agency, 290 Broadway, New York, New 
York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Background

    Motor vehicles are significant contributors of CO emissions, which 
are harmful to human health. An important measure toward reducing these 
emissions is the use of cleaner-burning oxygenated gasoline. Extra 
oxygen in the fuel enhances fuel combustion and helps to offset fuel-
rich operating conditions, particularly during vehicle starting in cold 
weather.
    Section 211(m) of the Clean Air Act (Act) requires certain states 
with areas that are nonattainment for the CO National Ambient Air 
Quality Standards to implement oxygenated gasoline programs for the 
period that the areas are prone to high ambient concentrations of CO. 
The Administrator is to determine this control period for each area. 
States with CO nonattainment areas at or above a 9.5 parts per million 
(ppm) design value must implement oxygenated gasoline programs by 
November 1, 1992 and submit these programs as SIP revisions.
    The section 211(m) requirement applies to New Jersey, New York and 
Connecticut because these states each contain a portion of the New 
York-Northern New Jersey-Long Island nonattainment area, which has a 
design value for CO above 9.5 ppm. The requirement had also originally 
applied to Southern New Jersey as well; however that area, which is 
part of the Philadelphia CO nonattainment area, is currently in 
attainment for CO and, as such, is no longer required to implement an 
oxygenated gasoline program. 60 FR 62741, December 7, 1995. The New 
York-Northern New Jersey-Long Island CO nonattainment area is part of 
the New York-Northern New Jersey-Long Island Consolidated Metropolitan 
Statistical Area (CMSA) and includes the New Jersey Counties of Bergen, 
Essex, Hudson, Union, and parts of Passaic. The nonattainment area in 
Passaic County includes the Cities of Clifton, Paterson, and Passaic. 
New Jersey's portion of the larger CMSA, within which oxygenated fuel 
sale is required, consists of the following counties: Bergen, Essex, 
Hudson, Hunterdon, Middlesex, Ocean, Passaic, Somerset, Sussex, Union 
and Warren.
    On September 15, 1995, in the course of action on the New York CO 
SIP, EPA proposed to find that the appropriate length of the control 
period for the entire New York-Northern New Jersey-Long Island CMSA is 
four months (60 FR 47911). EPA also proposed to approve New York's 
oxygenated fuels program and, in a separate notice, Connecticut's 
oxygenated fuels program, both for a four-month control period (60 FR 
47907, 60 FR 47911, September 15, 1995). On December 7, 1995, EPA 
published a direct-final rule (with an accompanying proposal) to 
redesignate the Southern New Jersey Camden County CO nonattainment area 
to attainment. (60 FR 62741). Finally, in a related document published 
in the Final Rules section of today's Federal Register EPA is issuing a 
final limited approval of New Jersey's request to revise its CO State 
Implementation Plan (SIP) to incorporate New Jersey's oxygenated 
gasoline program for the Northern New Jersey portion of the New York-
Northern New Jersey-Long Island CMSA as it applies for the four months 
from November 1 through the last day of February.

Length of Control Period

    The following information, provided for background purposes only, 
summarizes certain information provided in the proposed determination.
    The Act provides for EPA to determine a single period during which 
an entire nonattainment area is prone to high ambient concentrations of 
CO. This uniform control period will apply, at least as a minimum, to 
each state's portion of a multi-state nonattainment area. EPA 
previously proposed a determination of the period prone to high ambient 
concentrations of CO for the New York-Northern New Jersey-Long Island 
CMSA. 60 FR 47911, (September 15, 1995). The comment period on that 
proposed determination closed on October 15, 1995, and EPA received no 
comments on the issue of the control period determination.
    EPA has applied established Agency guidance (announced for 
availability at 57 FR 47853, October 20, 1992) regarding oxygenated 
gasoline control periods to determine the proper control period length 
for the New York-Northern New Jersey-Long Island CMSA. As part of the 
1992 guidance document, based on air quality data from 1990 and 1991, 
EPA suggested that the proper control period for the New York-Northern 
New Jersey-Long Island CMSA was October 1 through April 30. However, 
the 1992 guidance does not establish a binding norm regarding control 
periods and provides that the determination of the control period will 
be an issue to be finally decided by EPA as part of the review of 
individual state SIP revisions for oxygenated gasoline programs.
    Section 211(m), cited in the 1992 EPA guidance, requires control 
period length to be decided by the EPA Administrator based on the 
period an area is prone to high CO concentrations. The three-state New 
York-Northern New Jersey-Long Island CMSA has not recorded an 
exceedance of the CO national ambient air quality standard (NAAQS) in 
the 

[[Page 5364]]
three months proposed to be dropped since October of 1991. Furthermore, 
since 1992 the CMSA has not been prone to high ambient concentrations 
of CO during those three months. Under the approach used in EPA's 
guidance, ``prone to high ambient concentrations of carbon monoxide'' 
is a criterion more stringent than the NAAQS, in that the CO levels 
which characterize an area as being prone to high CO concentrations 
during a specific period may be lower than the NAAQS and therefore not 
necessarily exceed it.
    EPA believes that implementation of new programs under the Clean 
Air Act in each state in the CMSA will adequately ensure continued 
observance of reduced levels of CO during the months of October, March 
and April. Reformulated gasoline (RFG) is a year round clean gasoline 
program, which provides gasoline oxygenated to 2.0 percent. This 
program was initiated on January 1, 1995, in the CMSA (see 59 FR 7716, 
February 16, 1994). EPA believes that implementation of an enhanced 
inspection and maintenance (I/M) program [40 CFR Part 51, Subpart S] 
and the turnover of the New York-Northern New Jersey-Long Island CMSA 
fleet to newer, cleaner vehicles, combined with the use of RFG will 
ensure continued lower CO emissions from motor vehicles for the CMSA 
during October, March and April, even in the absence of the higher 
minimum oxygen content.
    While the established guidance bases the determination of control 
period only on air quality monitoring data (which exists for the entire 
New York-Northern New Jersey-Long Island CMSA for 1992 to 1995), EPA 
believes that it is prudent also to provide a technical analysis 
further supporting the reduction of oxygen content during the shoulder 
months in the area. EPA performed a series of computer model runs to 
support the contention that in future years, starting with Autumn 1996, 
without sales of gasoline oxygenated to 2.7 percent, but with 
implementation of federal RFG and enhanced I/M (or an inspection 
program deemed equivalent thereto), combined with vehicle turnover, CO 
emissions will continue to be lower during October, March and April in 
the area.
    Since, after the implementation of the oxygenated fuels program, 
the first observance of low CO levels during those months was in 1993, 
average vehicle emissions from that year were used as an upper limit in 
determining the adequacy of CO control without higher oxygen content in 
October, March and April. Modelled levels of CO below the levels 
observed in the shoulder months in 1993 will provide further assurance 
that the shorter control period will not result in high CO levels 
during those three months.

Solicitation of Comment

    EPA invites comment on the following information, which EPA 
believes provides additional support for its proposed determination 
regarding the appropriate control period for this CMSA. The 
solicitation of comment is therefore limited to comments related to 
this additional information. EPA is not soliciting comment for any 
other purpose, and will not consider as timely any comments addressing 
other points.
    EPA performed a comparison of average vehicle emissions using the 
most current version of EPA's emission factor model for mobile sources, 
MOBILE5a. All modeling assumed implementation of RFG (with 2.0 percent 
oxygen content) and implementation of an enhanced I/M program (or an 
equivalent inspection program) in New Jersey for the 1996-1997 season 
and future CO seasons. MOBILE5a variables such as vehicle speeds and a 
vehicle miles traveled growth rate were specific to New Jersey 
(supplied by the New Jersey Department of Environmental Protection and 
the New Jersey Department of Transportation). For further details 
regarding the MOBILE5a runs and the subsequent comparisons, the reader 
is referred to the technical support document for this notice and the 
related notice issuing a limited approval for New Jersey's program.
    Modeling further assures that after removing 2.7 percent oxygenated 
gasoline, but accounting for the effects of RFG, enhanced I/M and 
vehicle turnover, vehicle emissions of CO, through calendar year 2020 
(based on an average day in the CO season in each of those years), will 
still be at least 18 percent less than vehicle emissions of CO in 1993 
with 2.7 percent oxygenated gasoline during October, March and April. 
This supports EPA's belief that, even with elimination of oxygenated 
gasoline program requirements in the shoulder months in the area, the 
area will not be prone to ``high'' ambient concentrations during those 
months. The modeling results do not affect EPA's determination that a 
four month control period complying with the statutory minimum length 
is still required. Should future ambient air quality data show that 
high CO levels do in fact occur in the shoulder months, contrary to 
EPA's predictions, EPA would reevaluate its determination of the period 
prone to high ambient concentrations of CO.

    Dated: January 19, 1996.
William J. Muszynski,
Acting Regional Administrator.
[FR Doc. 96-2582 Filed 2-9-96; 8:45 am]
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