[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Rules and Regulations]
[Pages 45057-45058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18921]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2010-0530; FRL-9183-9]


Adequacy Status of Motor Vehicle Emissions Budgets in Submitted 
Reasonable Further Progress and Attainment Demonstrations for New York 
Portions of New York-Northern New Jersey-Long Island and Poughkeepsie 
8-hour Ozone Nonattainment areas for Transportation Conformity 
Purposes; NY

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Adequacy.

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SUMMARY: In this notice, EPA is notifying the public that we have found 
that the motor vehicle emissions budgets for volatile organic compound 
(VOC) and nitrogen oxides (NOX) in the submitted reasonable 
further progress state implementation plan for the New York portions of 
the New York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone 
nonattainment area, as well as the submitted reasonable further 
progress and attainment demonstration state implementation plans for 
the Poughkeepsie, New York 8-hour ozone nonattainment area, to be 
adequate for transportation conformity purposes. The transportation 
conformity rule requires that the EPA conduct a public process and make 
an affirmative decision on the adequacy of these budgets before they 
can be used by metropolitan planning organizations in conformity 
determinations. As a result of our finding, the New York Metropolitan 
Transportation Council (excluding Putnam County) must use the submitted 
2008 8-hour ozone budgets for future transportation conformity 
determinations, and the Orange County Transportation Council, the 
Poughkeepsie-Dutchess Transportation Council and the New York 
Metropolitan Transportation Council (Putnam County only) must use the 
submitted 2008 and 2009 8-hour ozone budgets for future transportation 
conformity determinations.

DATES: This finding is effective August 17, 2010.

FOR FURTHER INFORMATION CONTACT: Melanie Zeman, Air Programs Branch, 
Environmental Protection Agency--Region 2, 290 Broadway, 25th Floor, 
New York, New York 10007-1866, (212) 637-4022, [email protected].
    The finding and the response to comments will be available at EPA's 
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

SUPPLEMENTARY INFORMATION:

Background

    On February 8, 2008, New York State submitted reasonable further 
progress and attainment demonstration state implementation plans to EPA 
for its portion of the New York-Northern New Jersey-Long Island, NY-NJ-
CT and Poughkeepsie, New York, 8-hour ozone nonattainment areas. The 
purpose of the New York State submittal was to demonstrate both of the 
areas progress toward attaining the 8-hour ozone National Ambient Air 
Quality Standard. The submittal included motor vehicle emissions 
budgets (``budgets'') for 2008 and 2009 for the Poughkeepsie 8-hour 
ozone nonattainment area and 2008 budgets for the New York portion of 
the New York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment 
area for use by the State's metropolitan planning organizations in 
making transportation conformity determinations. On June 12, 2008, and 
June 2, 2008, respectively, the availability of the New York portion of 
the New York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone 
nonattainment area and the Poughkeepsie, New York 8-hour ozone 
nonattainment area transportation conformity budgets were posted on 
EPA's Web site for the purpose of soliciting public comments. The 
adequacy public comment period closed for the New York portion of the 
New York-Northern New Jersey-Long Island, NY-NJ-CT area budgets on July 
14, 2008, and EPA received no public comments. The public comment 
period closed for the Poughkeepsie, New York area budgets on July 2, 
2008. EPA's response to comments received during this period is posted 
on the EPA adequacy Web site listed below. Today's notice is simply an 
announcement of a finding that EPA has already made. EPA Region 2 sent 
a letter to New York State Department of Environmental Conservation on 
June 21, 2010. The findings letter states that the 2008 motor vehicle 
emissions budgets in New York's SIP submissions for both the New York 
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and 
Poughkeepsie, New York 8-hour ozone nonattainment areas are adequate 
because they are consistent with the required rate of progress plan. 
With regard to the 2009 motor vehicle emissions budgets, the findings 
letter states that for the Poughkeepsie, New York 8-hour ozone 
nonattainment area, these budgets are adequate for transportation 
conformity purposes because they are consistent with the plan's 
demonstration of attainment. EPA's finding will also be announced on 
EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    For informational purposes, EPA notes that on April 4, 2008, New 
York submitted to EPA a request for a voluntary reclassification of the 
New York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone 
nonattainment area from ``moderate'' to ``serious'' pursuant to section 
181(b)(3) of the Act. Related to this request, New York provided EPA 
with 2011 and 2012 motor vehicle emissions budgets. EPA is continuing 
to review New York's request for a voluntary reclassification of the 
New York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone 
nonattainment area and therefore is not taking action on the 2011 or 
2012 budgets at this time. EPA would take action on these budgets at 
the same time

[[Page 45058]]

it addresses New York's request in a separate proposed action.
    Transportation conformity is required by section 176(c) of the 
Clean Air Act. EPA's conformity rule requires that transportation 
plans, programs, and projects conform to SIPs and establishes the 
criteria and procedures for determining whether they conform. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the National Ambient Air Quality Standards.
    The criteria by which we determine whether a SIP's motor vehicle 
emission budgets are adequate for conformity purposes are specified in 
40 CFR 93.118(e)(4). Please note that an adequacy review is separate 
from EPA's completeness review, and it also should not be used to 
prejudge EPA's ultimate approval of the SIP. Even if we find a budget 
adequate, the SIP could later be disapproved.
    EPA has described its process for determining the adequacy of 
submitted SIP budgets in 40 CFR 93.118(f). EPA has followed this rule 
in making these adequacy determinations. The motor vehicle emissions 
budgets being found adequate today are listed in Table 1.

                    Table 1--8-Hour Ozone Motor Vehicle Emissions Budgets for New York State
                                                 [Tons per day]
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                                                               2008                            2009
               Nonattainment Area                ---------------------------------------------------------------
                                                        NOX             VOC             NOX             VOC
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New York Portions of New York-Northern New                211.77          148.85             n/a             n/a
 Jersey-Long Island, NY-NJ-CT (NYMTC excluding
 Putnam County).................................
Poughkeepsie, NY (PDCTC, OCTC, NYMTC Putnam                32.32           19.22           29.77           17.63
 County only)...................................
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List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401-7671 q.

    Dated: July 20, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-18921 Filed 7-30-10; 8:45 am]
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