[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Proposed Rules]
[Pages 39215-39217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13344]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Region II Docket No. R02-OAR-2005-NY-0001; FRL-7934-3]


Air Quality Redesignation for the 8-Hour Ozone National Ambient 
Air Quality Standards; New York State

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On April 15, 2004, we, the Environmental Protection Agency 
(EPA) announced nationwide designations under the 8-hour ozone National 
Ambient Air Quality Standard (NAAQS). That action designated several 
counties in the Syracuse area as unclassifiable. The counties in the 
Syracuse area included in the designation were Onondaga, Madison, 
Cayuga and Oswego in the State of New York. This action proposes to 
redesignate the above counties to attainment. We are soliciting 
comments on this proposed action.

DATES: Comments must be received on or before August 8, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R02-OAR-2005-NY-0001, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: [email protected].
    4. Mail: Raymond Werner, Chief, Air Programs Branch, Environmental 
Protection Agency Region 2, 290 Broadway, New York, New York 10007-
1866.
    5. Hand Delivery or Courier. Deliver your comments to: EPA Region 
2, Air Programs Branch, 290 Broadway, New York, New York 10007-1866.
    Instructions: Direct your comments to RME ID Number R02-OAR-2005-
NY-0001. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://docket.epa.gov/rmepub, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME website and the Federal regulations.gov website 
are ``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket. All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the Environmental Protection Agency, Air Programs 
Branch, 290 Broadway, New York, New York. EPA requests that you contact 
the person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The interested persons wanting to examine 
these documents should make an

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appointment with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Robert Kelly at 212 637 4249, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: This section provides additional information 
by addressing the following questions:

    What Is the Background for This Action?
    What are the statutory requirements for designations and 
redesignations and what are EPA's regulatory requirements and policy 
regarding redesignations?
    What new information is available regarding air quality in the 
Syracuse metropolitan area?
    What about Syracuse's air quality in the future?
    What action is EPA taking in regard to the designation of the 
Syracuse area?

What Is the Background for This Action?

    On April 15, 2004, the Administrator of the EPA signed a final rule 
(69 FR 23858; April 30, 2004) announcing the designations under the 8-
hour ozone NAAQS. That action designated several counties in the 
Syracuse area as unclassifiable and provided that the designation was 
effective on June 15, 2004. The Syracuse area designation was based on 
the review of ozone data from 2001 through 2003. The counties in the 
Syracuse area designated as unclassifiable are Onondaga, Madison, 
Cayuga, and Oswego in New York State. In that action, we stated that we 
would review all available information and make an attainment or 
nonattainment decision after reviewing the 2004 ozone data.

What Are the Statutory Requirements for Designations and Redesignations 
and What Are EPA's Regulatory Requirements and Policy Regarding 
Redesignations?

    Section 107(d) of the Clean Air Act (CAA) sets forth the criteria 
and process for designations and redesignations. An explanation of 
statutory requirements for the 8-hour ozone designations that became 
effective on June 15, 2004, and the actions EPA took to meet those 
requirements can be found in the final rule that established the 
designations (69 FR 23858; April 30, 2004). In Section 107(d)(3), the 
CAA addresses redesignations and provides that the Administrator or the 
Governor of a state may initiate the redesignation process. One of the 
bases for redesignation under that section is air quality data.
    To determine whether an area is attaining the 8-hour ozone NAAQS, 
we consider the most recent three consecutive years of data in 
accordance with 40 CFR part 50, Appendix I. For the purpose of this 
rulemaking, we reviewed the ozone data from 2002 through 2004.

What New Information Is Available Regarding Air Quality in the Syracuse 
Metropolitan Area?

    On December 14, 2004 the New York State Department of Environmental 
Conservation submitted the quality assured 8-hour ozone data for 2004, 
the most recent ozone season; certified the ozone data as correct, 
complete and appropriate for regulatory use; and requested that EPA 
redesignate the Syracuse area from unclassifiable to attainment. The 
counties included in the redesignation request include Onondaga, 
Madison, Cayuga, and Oswego Counties.
    Consistent with 40 CFR part 50, Appendix I, section 2.3, paragraph 
(d)(1), the 8-hour ozone standard is met if the three year average 
value of the annual fourth-highest daily maximum (the design value) is 
less than 0.085 parts per million (ppm). For the 2002-2004 time period, 
the design values at monitors in the Syracuse area are 0.079 ppm at 
East Syracuse and 0.077 ppm at Camp Georgetown, indicating that the 8-
hour ozone NAAQS has been attained at all monitors in the Syracuse 
metropolitan area.

What About Syracuse's Air Quality in the Future?

    The design value at the Syracuse monitor was less than 0.085 ppm 
for ten years before 2003, so it is unlikely to violate the 8-hour 
standard in the future. EPA and the State will continue to review air 
quality data for violations of the 8-hour ozone standard.

What Action Is EPA Taking in Regard to the Designation of the Syracuse 
Area?

    Based upon regulatory requirements in 40 CFR part 50, Appendix I 
and including monitoring data from the most recent ozone season, the 
monitors in the Syracuse metropolitan area are in attainment of the 8-
hour ozone standard. Thus, we are proposing to redesignate Onondaga, 
Madison, Cayuga, and Oswego Counties in New York as attainment for the 
8-hour ozone standard.
    We are soliciting comments on this proposed action. Final 
rulemaking will occur after consideration of any comments.

Statutory and Executive Order Reviews

    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 designates an area for planning purposes based on air quality, 
and does not establish any new regulations. 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.). The redesignation is 
an action which affects the status of a geographic area but does not 
impose any new requirements on governmental entities or sources. 
Therefore because it does not impose any additional enforceable duty, 
it does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    The Onondaga and Oneida Tribes are located within the Syracuse 
area. The redesignation of the Syracuse area from unclassifiable to 
attainment will not create any new or burdensome requirements upon the 
tribes. Therefore, this redesignation 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 establishes the attainment status, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the CAA. 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 state redesignation requests, 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),

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EPA has no authority to disapprove a redesignation request for failure 
to use VCS. It would thus be inconsistent with applicable law for EPA, 
when it reviews a state recommendation, to use VCS in place of a state 
request 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. 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.).

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National park, 
Wilderness area.

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

    Dated: June 27, 2005.
George Pavlou,
Acting Regional Administrator, EPA Region 2.
[FR Doc. 05-13344 Filed 7-6-05; 8:45 am]
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