[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Rules and Regulations]
[Pages 53304-53308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17721]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. R02-OAR-2005-NY-0002; FRL-7959-1]


Approval and Promulgation of Implementation Plans; Onondaga 
County Carbon Monoxide Maintenance Plan Revision; State of New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
revision submitted by the State of New York. This revision will 
establish an updated ten-year carbon monoxide (CO) maintenance plan for 
the Onondaga County attainment area.
    Onondaga County was redesignated to attainment of the CO National 
Ambient Air Quality Standard (NAAQS) on September 29, 1993 and a 
maintenance plan was also approved at that time. By this action, EPA is 
approving the New York State Department of Environmental Conservation's 
(New York) second maintenance plan for Onondaga County because it 
provides for continued attainment for an additional ten years of the CO 
NAAQS. In addition, EPA is approving New York's revised Part 225-3 
(Oxygenated Gasoline Program provisions).

DATES: This rule is effective on November 7, 2005, without further 
notice, unless EPA receives adverse written comment by October 11, 
2005. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R02-OAR-2005-NY-0002 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/. Regional 
Material in EDocket (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. Fax: (212) 637-3901.
    5. Mail: RME ID Number R02-OAR-2005-NY-0002, Raymond Werner, Chief, 
Air Programs Branch, U.S. Environmental Protection Agency, 290 
Broadway, New York, NY 10007-1866.
    6. Hand Delivery or Courier: Deliver your comments to: Raymond 
Werner, Chief, Air Programs Branch, U.S. Environmental Protection 
Agency, 290 Broadway, New York, NY 10007-1866. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30 excluding Federal holidays.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID Number R02-OAR-2005-NY-0002. 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 Regional Material in EDocket (RME), regulations.gov, or e-mail. 
The EPA RME Web site and the Federal regulations.gov Web site 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 
Regional Material in EDocket (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

[[Page 53305]]

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 Office of Ecosystem Protection, U.S. 
Environmental Protection Agency, EPA Region 2 Regional Office, 290 
Broadway, New York, NY.
    EPA requests that if at all possible, you contact the person listed 
in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30 excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Henry Feingersh, U.S. Environmental 
Protection Agency, Air Programs Branch, 290 Broadway, New York, NY 
10007-1866, telephone number (212) 637-4249, fax number (212) 637-3901, 
e-mail [email protected].
    Copies of the State submittals are available at the following 
addresses for inspection during normal business hours:
    Environmental Protection Agency, Region II Office, Air Programs 
Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866.
    New York State Department of Environmental Conservation, Division 
of Air Resources, 625 Broadway, Albany, New York 12233.

SUPPLEMENTARY INFORMATION:
    The following table of contents describes the format for this 
section:

I. What Is the Nature of EPA's Action?
II. What Is a Maintenance Plan and Why Is it Required?
III. What Is Included in a Maintenance Plan?
    A. Attainment Inventory
    B. Maintenance Demonstration
    C. Monitoring Network
    D. Verification of Continued Attainment
    E. Contingency Plan
    1. Control Measures
    2. Contingency Measures
IV. What Is Transportation Conformity?
V. Are these Transportation Conformity Budgets Approvable?
VI. What Is EPA's Action on New York's Part 225-3?
VII. Conclusion
VIII. Statutory and Executive Order Reviews

I. What Is the Nature of EPA's Action?

    EPA is approving an updated ten-year CO maintenance plan for the 
Onondaga County attainment area. On September 29, 1993, the EPA 
approved a request from New York to redesignate Onondaga County to 
attainment of the CO NAAQS (58 FR 50851). In addition, the EPA also 
approved at that time a ten-year CO maintenance plan for Onondaga 
County. The Clean Air Act (the Act) requires that an area redesignated 
to attainment of the CO NAAQS must submit a second ten-year CO 
maintenance Plan to show how the area will continue to attain the CO 
standard for an additional ten years. On June 22, 2004, New York 
submitted a second ten-year CO maintenance plan for Onondaga County and 
requested that EPA approve the plan. The following sections describe 
how the EPA made its determination to approve the second ten-year 
maintenance plan.

II. What Is a Maintenance Plan and Why Is it Required?

    A maintenance plan is a SIP revision that must demonstrate 
continued attainment of the applicable NAAQS in the maintenance area 
for at least ten years. The Act requires that a second ten-year plan be 
submitted in order to assure that the area will continue to stay in 
compliance of the relevant NAAQS.

III. What Is Included in a Maintenance Plan?

    Section 175A of the Act sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
The initial and subsequent ten-year plans must each demonstrate 
continued attainment of the applicable NAAQS for at least ten years 
after approval. In this notice, EPA is taking action on the second ten-
year maintenance plan which covers the period from 2003 to 2013. The 
specific elements of a maintenance plan are:

A. Attainment Inventory

    Since New York's first ten-year maintenance plan contained an 
attainment inventory, this second ten-year maintenance plan did not 
need to include another one. However, this second plan does include an 
update to the attainment inventory. In addition, the update contains a 
revised 1990 base year inventory, a 2003 inventory, and projected 
inventories for 2009 and 2013.

B. Maintenance Demonstration

    The State projects that the future emissions of CO will not exceed 
the level of the 1991 attainment year inventory. This is demonstrated 
by the projected 2009 and 2013 CO emission levels being below the 1991 
attainment year level.

C. Monitoring Network

    New York continues to operate its CO monitoring network and commits 
to operating its highest reading CO monitor for the duration of this 
maintenance plan. New York will continue annual reviews of its data in 
order to verify continued attainment of the NAAQS. The improvement in 
CO air quality can be seen through an examination of the design values 
at their highest reading monitor. The 8-hour design values show a 
downward trend with values currently in the 2.0-2.5 ppm range compared 
to the 8-hour NAAQS for CO of 9.0 ppm. The other monitors in the 
network have been recording CO levels below this range.

D. Verification of Continued Attainment

    New York will verify that Onondaga County continues to attain the 
CO NAAQS through the review of its monitoring data. In addition, the 
State will submit periodic inventories for the County to EPA pursuant 
to EPA guidance. Triannual inventory submittals will be compared to the 
2003 inventory to ensure that future inventories will not exceed the 
2003 inventory which in turn was below the 1991 base year inventory.

E. Contingency Plan

    Section 175A(d) of the Act requires that a maintenance plan include 
a contingency plan which includes contingency measures, as necessary, 
to promptly correct any violation of the NAAQS that occurs after 
redesignation of the area. Contingency measures do not have to be fully 
adopted at the time of redesignation. However, the contingency plan is 
considered to be an enforceable part of the SIP and should ensure that 
the contingency measures are adopted expeditiously once they are 
triggered by a specified event. In addition, the contingency plan 
includes a requirement that the State continue to implement all control 
measures used to bring the area into attainment.
1. Control Measures
    The 1992 Redesignation Request and Maintenance Plan included 
vehicle turnover, an inspection and maintenance program, and traffic 
flow improvement measures as the programs that brought the area into 
attainment. This maintenance plan continues to include those measures 
as control measures. In addition, New York has adopted ``the California 
Low Emission Vehicle II standards'' as a control program in title 6 of 
the New York Codes, Rules and Regulations (NYCRR), Part 218, ``Permits 
and Certificates.'' This program produces a greater level of CO 
emission reductions than does the EPA's National Tier 2 programs.
2. Contingency Measures
    The ``Low Enhanced Inspection and Maintenance Program'' has been 
adopted by New York and identified as the contingency measure for 
Onondaga County. New York has requested EPA's approval of substituting 
the Oxygenated Gasoline Program found in 6 NYCRR,

[[Page 53306]]

Part 225-3 from the previous maintenance plan with the adopted motor 
vehicle low enhanced inspection and maintenance program, as found in 6 
NYCRR Part 218, ``Emission Standards for Motor Vehicles and Motor 
Vehicle Engines,'' as a contingency measure for Onondaga County. EPA 
previously approved Part 218 on January 6, 1995 (60 FR 2025). New York 
has sufficiently demonstrated that the low enhanced inspection and 
maintenance program will achieve equivalent CO reductions as the 
Oxygenated Gasoline Program. This low enhanced inspection and 
maintenance program is required as an ozone control strategy but also 
results in CO reduction benefits which is being used here as a CO 
contingency control measure. This program includes a gas cap presence 
check, anti-tampering procedures and a visual check of the malfunction 
indicator light.

IV. What Is Transportation Conformity?

    Section 176(c) of the Act defines conformity as meeting the SIP's 
purpose of eliminating or reducing the severity and number of 
violations of the NAAQS and achieving expeditious attainment of such 
standards. The Act further defines transportation conformity to mean 
that no Federal transportation activity will: (1) Cause or contribute 
to any new violation of any standard in any area; (2) increase the 
frequency or severity of any existing violation of any standard in any 
area; or (3) delay timely attainment of any standard or any required 
interim emission reductions or other milestones in any area. The 
Federal Transportation Conformity Rule, 40 CFR part 93 subpart A, sets 
forth the criteria and procedures for demonstrating and assuring 
conformity of transportation plans, programs and projects which are 
developed, funded or approved by the U.S. Department of Transportation, 
and by metropolitan planning organizations or other recipients of 
Federal funds under Title 23 U.S.C. or the Federal Transit Laws (49 
U.S.C. chapter 53).
    The Transportation Conformity Rule applies within all nonattainment 
and maintenance areas. As prescribed by the Rule, once an area has an 
applicable SIP with motor vehicle emissions budgets, the expected 
emissions from planned transportation activities must be consistent 
with (``conform to'') such established budgets for that area.

V. Are These Transportation Conformity Budgets Approvable?

    The proposed maintenance plan establishes transportation conformity 
budgets for CO for the years 2003, 2009 and 2013. These new budgets are 
based on the control strategies, growth projections and assumptions 
used in the attainment demonstration and maintenance plans for the CO 
nonattainment area. In addition, the 2009 and 2013 conformity budgets 
also include an allocation of a portion of a ``safety margin'' 
established in the CO maintenance plan.
    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. The attainment level of 
emissions is the level of emissions during one of the years in which 
the area met the air quality health standard. For example, since 2003 
represents the last year of Onondaga County's first ten-year 
maintenance plan and its total emissions is lower than the base year, 
the ``safety margin'' is conservatively calculated using the 
differences between 2003 and future year total emissions.
    The total emissions in 2003 from mobile, stationary and area 
sources equaled 654.69 tons per day of CO. New York projected the CO 
emissions in Onondaga County from all sources for the years 2009 and 
2013 to total 455.34 tons per day and 430.06 tons per day respectively. 
The CO safety margin for Onondaga County in 2009 and 2013 is calculated 
to be the differences between the total emissions in 2003 and the total 
emissions for each of the projected years, 199.35 tons per day for 2009 
and 224.63 tons per day for 2013. The 2009 and 2013 CO emission 
projections reflecting the point, area and mobile source reductions are 
illustrated in Table 1.

   Table 1.--CO Emissions; and Safety Margin Determinations, Onondaga
                               County, NY
                               [Tons/day]
------------------------------------------------------------------------
                                                CO emissions
         Source category          --------------------------------------
                                       2003         2009         2013
------------------------------------------------------------------------
On-Road..........................       494.55       273.11       232.23
Nonroad..........................        58.58        66.83        72.14
Stationary/Area..................       101.56       115.40       125.69
                                  --------------
    Total........................       654.69       455.34      430.06
------------------------------------------------------------------------
2009 Safety Margin=2003 total emissions--2009 total emissions = 199.35
  tons/day.
2013 Safety Margin=2003 total emissions--2013 total emissions = 224.63
  tons/day.

    In the submittal the State requested to allocate only a portion of 
the safety margin to both the 2009 and 2013 motor vehicle emissions 
budgets. This conservative approach provides the transportation sector 
with an adequate budget increase for the two future scenario years, 
such that transportation conformity is demonstrated, and at the same 
time provides some assurance that potential currently unforseen 
regional growth in non-mobile, area and stationary source emissions 
will not otherwise jeopardize continued attainment. The SIP revision 
requests the allocation of 99 tons CO per day to be applied to the 2009 
motor vehicle emissions budget and 125 tons CO per day to be applied to 
the 2013 motor vehicle emissions budget. The on-road mobile source CO 
transportation conformity budgets that include the safety margin 
allocation are outlined below in Table 2.

[[Page 53307]]



                           Table 2.--Carbon Monoxide Transportation Conformity Budgets
                                             [Tons of CO/winter day]
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                                                                                                     Final CO
                              Year                                    On-road      Safety margin    conformity
                                                                     Emissions      allocation        budgets
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2003............................................................             495             N/A             495
2009............................................................             273              99             372
2013............................................................             232             125             357
----------------------------------------------------------------------------------------------------------------

    The planned allowable levels of CO emissions are projected to 
maintain the area's air quality consistent with the air quality health 
standard. The safety margin credit can be allocated to the 
transportation sector while maintaining air quality attainment. The 
total emission level, even with this allocation, will be below the 
attainment level, or safety level, and thus is acceptable.
    On June 3, 2004, EPA sent a letter to New York stating that the 
2003, 2009 and 2013 CO budgets are adequate for transportation 
conformity purposes. This finding was published in the Federal Register 
on July 12, 2004, at 69 FR 41801. These budgets are consistent with the 
State's emission baseline, projected inventories for highway mobile 
sources and use of a margin of safety. EPA is approving the 2003, 2009, 
and 2013 transportation conformity budgets for CO.

VI. What Is EPA's Action on New York's Part 225-3?

    New York's 1992 Redesignation Request and Maintenance Plan included 
the Oxygenated Fuels Program (as found in 6 NYCRR, Part 225-3) as a 
contingency measure for Onondaga County. However, on April 19, 2000 (65 
FR 20909), EPA approved New York's request to remove the Oxygenated 
Fuels Program from the Federally approved SIP. The reader is referred 
to EPA's April 19, 2000, final rulemaking for a detailed discussion of 
the rationale for that action. As discussed above, this action now 
identifies the low enhanced inspection and maintenance program as the 
contingency measure which replaces the Oxygenated Fuels Program. New 
York has since revised Part 225-3 (October 2001) to remove the 
Oxygenated Gasoline Program provisions from the State effective version 
of Part 225-3 and has requested this version be incorporated into the 
Federally approved SIP. New York's revision to Part 225-3 consists of 
renumbering the subparts to accommodate the removal of the Oxygenated 
Gasoline Program provisions. While EPA previously approved the removal 
of the Oxygenated Gasoline Program provisions from the Federally 
approved SIP, an updated version of the adopted State regulation was 
not available. The State has included this updated version of Part 225-
3 as part of this SIP revision and EPA is incorporating this regulation 
into the SIP at this time.
    EPA is also correcting two typographical errors that occurred in 
our approval of revisions to Parts 228 and 239 (see 69FR3237, January 
23, 2004). The State effective date for these regulations should be 7/
23/03 and 11/4/02, respectively.

VII. Conclusion

    EPA has evaluated New York's submittals for consistency with the 
Act and Agency regulations and policy. EPA is approving New York's CO 
maintenance plan because it meets the requirements set forth in section 
175A of the Act and continues to demonstrate that the NAAQS for CO will 
continue to be met for the next ten years. EPA is also approving the 
2003, 2009, and 2013 transportation conformity budgets for CO. In 
addition, EPA is approving New York's revised Part 225-3.
    Interested parties may participate in the Federal rulemaking 
procedure by submitting written comments to the EPA Region 2 Office by 
one of the methods discussed in the ADDRESSES section of this action.

VIII. 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 
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 (Pub. L. 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), 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 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

[[Page 53308]]

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 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations.

    Dated: August 11, 2005.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

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)(108) to read 
as follows:


Sec.  52.1670  Identification of plans.

* * * * *
    (c) * * *
    (108) Revisions to the State Implementation Plan submitted on June 
22, 2004, by the New York State Department of Environmental 
Conservation, which consists of a revision to the carbon monoxide 
maintenance plan for Onondaga County.
    (i) Incorporation by reference:
    (A) Regulation Part 225-3, ``Fuel Composition and Use--Gasoline.'' 
of Title 6 of the New York Code of Rules and Regulations, filed on 
October 5, 2001, and effective on November 4, 2001.

0
3. In Sec.  52.1679, the table is amended by revising the entries under 
Title 6 for Part 225-3, Part 228, and Part 239 to read as follows:


Sec.  52.1679  EPA-approved New York State regulations.

----------------------------------------------------------------------------------------------------------------
                                        State effective
      New York State regulation               date          Latest EPA  approval date            Comments
----------------------------------------------------------------------------------------------------------------
Title 6:
 
                                                  * * * * * * *
Part 225-3, Fuel Composition and Use--           11/4/01  9/08/05 and FR page citation.  The Variance adopted by
 Gasoline.                                                                                the State pursuant to
                                                                                          section 225-3.5
                                                                                          becomes applicable
                                                                                          only if approved by
                                                                                          EPA as a SIP revision.
 
                                                  * * * * * * *
Part 228, ``Surface Coating                      7/23/03  1/23/04, 69 FR 3240..........
 Processes''.
 
                                                  * * * * * * *
Part 239, ``Portable Fuel Container              11/4/02  1/23/04, 69 FR 3240..........  The specific
 Spillage Control''.                                                                      application of
                                                                                          provisions associated
                                                                                          with alternate test
                                                                                          methods, variances and
                                                                                          innovative products,
                                                                                          must be submitted to
                                                                                          EPA as SIP revisions.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
4. Section 52.1682 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1682  Control strategy: Carbon monoxide.

* * * * *
    (c) Approval--The June 22, 2004 revision to the carbon monoxide 
maintenance plan for Onondaga County. This revision contains a second 
ten-year maintenance plan that demonstrates continued attainment of the 
National Ambient Air Quality Standard for carbon monoxide through the 
year 2013 and CO conformity budgets for the years 2003, 2009, and 2013.

[FR Doc. 05-17721 Filed 9-7-05; 8:45 am]
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