[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Rules and Regulations]
[Pages 4773-4775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1630]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. R02-OAR-2004-NY-0002, FRL-7851-1]


Approval and Promulgation of Implementation Plans; New York; Low 
Emission Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is approving a New York 
State State Implementation Plan (SIP) revision to revise its existing 
low emission vehicle (LEV) program. The State's revision adopts 
California's second generation low emission vehicle program for light-
duty vehicles (LEV II). New York has revised its LEV rule to include a 
non-methane hydrocarbon standard and various administrative and 
grammatical changes to make its existing LEV rule identical to 
California's LEV II program. The intended effect of this rulemaking is 
to approve a control strategy which will result in emissions reductions 
that will help achieve attainment of national ambient air quality 
standards for ozone.

DATES: Effective Date: This rule will be effective March 2, 2005.

ADDRESSES: Copies of the state submittal 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, New York 10007-1866.
Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, SW., Washington, 
DC 20460.
New York State Department of Environmental Conservation, Office of Air 
and Waste Management, 14th Floor, 625 Broadway, Albany, New York 12233-
1010.

FOR FURTHER INFORMATION CONTACT: David Risley, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-4249 or [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Description of the SIP Revision

[[Page 4774]]

II. Public Comments on the Proposed Action
III. Final EPA Action
IV. Administrative Requirements

I. Description of the SIP Revision

    In 1994, New York requested EPA to revise its SIP to include a LEV 
program. EPA approved that SIP revision on January 6, 1995 (60 FR 
2022). At the time, New York's LEV program was identical to 
California's first-generation LEV program. More recently, New York has 
updated its LEV program to be identical to California's LEV II program. 
New York has adopted California's LEV II program by reference in the 
New York State Code of Rules and Regulations part 218, ``Emission 
Standards for Motor Vehicles and Motor Vehicle Engines.''
    New York has requested that EPA take action on its revised LEV 
program. EPA has already approved the emissions reduction credits from 
the revised LEV program as part of our approval of New York's 
attainment demonstration SIP revision on February 4, 2002 (67 FR 5170). 
In the current SIP revision, New York requested Federal approval of the 
LEV program regulation. EPA's approval of New York's LEV program makes 
it Federally-enforceable, further ensuring that planned emissions 
reductions will continue to take place. For further information on the 
specifics of New York's LEV program see the September 24, 2004 Notice 
of Proposed Rulemaking (69 FR 57241).

II. Public Comments on the Proposed Action

    No comments were received on the Notice of Proposed Rulemaking, 
published in the September 24, 2004 Federal Register (69 FR 57241).

III. Final EPA Action

    EPA is approving the light-duty portion of New York's LEV program, 
which is identical to California's LEV II program. The LEV program that 
EPA is approving is contained in title 6, part 218, subparts 218-1, 
218-2, 218-3, 218-5, 218-6, 218-7 and 218-8 of the Official Compilation 
of Codes, Rules and Regulations of the State of New York. Approval of 
New York's LEV program further ensures that planned emissions 
reductions attributable to this program will be achieved. These 
reductions are necessary for New York to achieve its clean air goals, 
as detailed in the State's 1-hour ozone attainment demonstration SIP. 
The updated program was filed on November 28, 2000 and adopted on 
December 28, 2000, as noticed in the New York State Register.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 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 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 approves 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action 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 Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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 Clean Air Act. 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 Clean Air Act. 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. 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. 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. 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 April 1, 2005. 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, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: November 23, 2004.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.


0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

[[Page 4775]]

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 new paragraph (c)(107) to read 
as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (107) Revisions to the State Implementation Plan submitted on 
December 9, 2002, by the New York State Department of Environmental 
Conservation which consists of the adoption of California's second 
generation Low Emissions Vehicle (LEV) program.
    (i) Incorporation by reference.
    (A) Regulation part 218 ``Emissions Standards for Motor Vehicles 
and Motor Vehicle Engines'' of Title 6 of the Official Compilation of 
Codes, Rules and Regulations of the State of New York (6NYCRR), part 
218, subparts 218-1, 218-2, 218-3, 218-5, 218-6, 218-7 and 218-8 filed 
on November 28, 2000 and effective on December 28, 2000.

0
3. Section 52.1679 is amended by revising the entry for part 218 under 
title 6 to read as follows:


Sec.  52.1679  EPA-approved New York State regulations.

 
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                                             State
       New York State regulation           effective       Latest EPA approval date             Comments
                                             date
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                Title 6
 
                                                  * * * * * * *
Part 218, Emission Standards for Motor  ..............  ..............................  EPA's approval of part
 Vehicles and Motor Vehicle Engines:                                                     218 only applies to
                                                                                         light-duty vehicles.
    Subpart 218-1: Applicability and          12/28/00  1/31/05, [insert FR citation
     Definitions.                                        of this document].
    Subpart 218-2: Certification and          12/28/00  1/31/05, [insert FR citation
     Prohibitions.                                       of this document].
    Subpart 218-3: Fleet Average......        12/28/00  1/31/05, [insert FR citation
                                                         of this document].
    Subpart 218-4: Zero Emissions              5/28/92  1/6/95, 60 FR 2025.
     Vehicle Sales Mandate.
    Subpart 218-5: Testing............        12/28/00  1/31/05, [insert FR citation
                                                         of this document].
    Subpart 218-6: Surveillance.......        12/28/00  1/31/05, [insert FR citation
                                                         of this document].
    Subpart 218-7: Aftermarket Parts..        12/28/00  1/31/05, [insert FR citation
                                                         of this document].
    Subpart 218-8: Severability.......        12/28/00  1/31/05, [insert FR citation
                                                         of this document].
 
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[FR Doc. 05-1630 Filed 1-28-05; 8:45 am]
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