[Federal Register Volume 66, Number 91 (Thursday, May 10, 2001)]
[Rules and Regulations]
[Pages 23849-23851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11835]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NY47-218, 
FRL-6940-1]


Approval and Promulgation of Implementation Plans; New York 15 
and 9 Percent Rate of Progress Plans, Phase I Ozone Implementation Plan

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan revision submitted by New York which is intended to 
meet several Clean Air Act requirements. Specifically, EPA is approving 
the 1990 base year ozone emission inventory (for all ozone 
nonattainment areas in New York); the 1996 and 1999 ozone projection 
emission inventories; the demonstration that emissions from growth in 
vehicle miles traveled will not increase total motor vehicle emissions 
and, therefore, offsetting measures are not necessary; the 
photochemical assessment monitoring stations network; and enforceable 
commitments. EPA is also approving New York's 15 Percent Rate of 
Progress Plan and the 9 Percent Reasonable Further Progress Plan. The 
intended effect of this action is to approve programs required by the 
Clean Air Act which will result in emission reductions that will help 
achieve attainment of the one-hour national ambient air quality 
standard for ozone.

EFFECTIVE DATE: This rule will be effective June 11, 2001.

ADDRESSES: Copies of the State's submittals are available at the 
following addresses for inspection during normal business hours:

Environmental Protection Agency, Region 2 Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, NY 10007-1866.
New York State Department of Environmental Conservation, Division of 
Air Resources, 50 Wolf Road, Albany, New York 12233.
Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, SW., Washington, 
DC 20460.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, NY 
10007-1866, (212) 637-3381.

SUPPLEMENTARY INFORMATION:

[[Page 23850]]

I. Background

    On November 3, 1999 (64 FR 59706), EPA proposed approval of New 
York's State Implementation Plan (SIP) submittal of November 15, 1993, 
September 4, 1997, and February 2, 1999. These SIP submittals address 
the requirements for the one severe ozone nonattainment area in New 
York, the New York-Northern New Jersey-Long Island Nonattainment Area. 
The New York portion of the New York-Northern New Jersey-Long Island 
Area is composed of New York City and the counties of Nassau, Suffolk, 
Westchester, Rockland, and seven towns in Orange County--Blooming 
Grove, Chester, Highlands, Monroe, Tuxedo, Warwick and Woodbury. The 
primary focus of this Federal Register action is the New York portion 
of the New York-Northern New Jersey-Long Island Area (referred to as 
the New York Metro Area).
    The following Clean Air Act (CAA) requirements were included in the 
November 3, 1999 proposal: the 1990 base year emission inventory as 
revised on February 2, 1999 (Volatile organic compounds (VOC), Nitrogen 
oxides (NOX) and Carbon monoxide (CO) for areas designated 
nonattainment for ozone since 1991 in New York); the 1996 and 1999 
ozone projection emission inventories; 15 Percent Rate-Of-Progress 
(ROP) and 9 Percent Reasonable Further Progress (RFP) Plans; 
contingency measures (EPA will be acting on the contingency measures in 
a separate Federal Register notice); demonstration that emissions from 
growth in vehicle miles traveled will not increase motor vehicle 
emissions and, therefore, offsetting measures are not necessary; 
preliminary modeling efforts completed before the submittal of the 1-
hour ozone attainment demonstration; enforceable commitments for Phase 
II of the 1-hour ozone SIP development and approval process as defined 
in EPA's November 3, 1999 proposed approval; photochemical assessment 
monitoring stations network; and transportation conformity budgets for 
1996 and 1999. EPA is approving these transportation conformity budgets 
since they were submitted as SIP revisions. However, it should be noted 
that these budgets are no longer used in conformity determinations 
because New York has since submitted budgets for 2002, 2005, and 2007. 
On June 9, 2000 (65 FR 36690), EPA found these budgets to be adequate 
for conformity purposes.
    EPA has determined that New York has satisfied EPA's Phase I 
requirement for the clean fuel fleet program and Ozone Transport 
Commission NOX Memoranda of Understanding.
    A detailed discussion of the SIP revisions and EPA's rationale for 
approving them is contained in the November 3, 1999 proposal and will 
not be restated here. The reader is referred to the proposal for more 
details.

II. Public Comments

    No comments were received in response to EPA's proposed action on 
this New York SIP revision.

III. Enhanced Inspection and Maintenance (I/M) Program

    In EPA's November 3, 1999 proposal, EPA proposed to approve 
emission credits for the 15 Percent ROP and 9 Percent RFP Plans, 
pending EPA's verification of New York's enhanced motor vehicle 
inspection and maintenance (I/M) program's effectiveness.
    On May 24, 1999 New York submitted to EPA an enhanced I/M program 
evaluation report/program effectiveness demonstration. Following EPA's 
evaluation of the enhanced I/M program effectiveness demonstration, the 
Agency has determined that New York's enhanced I/M program will provide 
adequate emission reductions compared to the emission reductions 
credited in the 15 Percent ROP and 9 Percent RFP Plans. On May 7, 2001 
at (66 FR 22922) EPA approved New York's enhanced I/M program 
effectiveness demonstration. Accordingly, the emission reduction 
credits associated with New York's enhanced I/M program have been taken 
into consideration in today's approval of New York's 15 Percent ROP and 
9 Percent RFP Plans.

IV. Conclusion

    EPA has evaluated New York's submittals for consistency with the 
CAA and Agency regulations and policy. EPA is approving New York's: 
1990 base year emission inventory as revised on February 2, 1999 (VOC, 
NOX and CO for areas designated nonattainment for ozone 
since 1991 in New York); 1996 and 1999 ozone projection emission 
inventories; photochemical assessment monitoring station network; 
demonstration that emissions from growth in vehicle miles traveled will 
not increase total motor vehicle emissions; preliminary modeling 
efforts completed before the submittal of the 1-hour ozone attainment 
demonstration; transportation conformity budgets for 1996 and 1999; and 
enforceable commitments for Phase II of the 1-hour ozone SIP 
development and approval process. EPA is also approving the 15 Percent 
ROP and 9 Percent RFP Plans.

V. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
final action is not a ``significant regulatory action'' and therefore 
is not subject to review by the Office of Management and Budget. This 
final action merely approves state law as meeting federal requirements 
and imposes no additional requirements beyond those imposed by state 
law. Accordingly, the Administrator certifies that this final rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this rule proposes to approve pre-existing requirements under 
state law and does not impose any additional enforceable duty beyond 
that required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4). For the same 
reason, this final rule also does not significantly or uniquely affect 
the communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This final rule will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely approves a state rule implementing a federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This final rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the state 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
final rule, EPA has taken the necessary steps

[[Page 23851]]

to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct. 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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 
rule 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. This rule is 
not a ``major'' rule as defined by 5 U.S.C. section 804(2). This rule 
will be effective June 11, 2001.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 9, 2001. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Hydrocarbons, 
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: January 19, 2001.
William J. Muszynski,
Acting Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart HH--New York

    2. Section 52.1683 is amended by adding new paragraph (h) to read 
as follows:


Sec. 52.1683  Control strategy: Ozone.

* * * * *
    (h)(1) The 1990 base year emission inventory as revised on February 
2, 1999 (Volatile organic compounds (VOC), Nitrogen oxides 
(NOX) and Carbon monoxide (CO) for areas designated 
nonattainment for ozone since 1991 in New York) is approved.
    (2) The 1996 and 1999 ozone projection year emission inventories 
included in New York's February 2, 1999 State Implementation Plan 
revision for the New York portion of the New York-Northern New Jersey-
Long Island nonattainment area are approved.
    (3) The 1996 and 1999 conformity emission budgets for the New York 
portion of the New York-Northern New Jersey-Long Island nonattainment 
area included in New York's February 2, 1999 State Implementation Plan 
revision are approved.
    (4) The photochemical assessment monitoring stations network 
included in New York's February 2, 1999 State Implementation Plan 
revision is approved.
    (5) The demonstration that emissions from growth in vehicle miles 
traveled will not increase total motor vehicle emissions and, 
therefore, offsetting measures are not necessary, which was included in 
New York's February 2, 1999 State Implementation Plan revision for the 
New York portion of the New York-Northern New Jersey-Long Island 
nonattainment area is approved.
    (6) The enforceable commitments to: participate in the consultative 
process to address regional transport; adopt additional control 
measures as necessary to attain the ozone standard, meeting rate of 
progress requirements, and eliminating significant contribution to 
nonattainment downwind; identify any reductions that are needed from 
upwind areas for the area to meet the ozone standard, included in New 
York's February 2, 1999 State Implementation Plan revision for the New 
York portion of the New York-Northern New Jersey-Long Island 
nonattainment area are approved.
    (7) The 15 Percent Rate of Progress Plan and the 9 Percent 
Reasonable Further Progress Plan included in the New York's February 2, 
1999 State Implementation Plan revision for the New York portion of the 
New York-Northern New Jersey-Long Island nonattainment area are 
approved.

[FR Doc. 01-11835 Filed 5-9-01; 8:45 am]
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