[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Proposed Rules]
[Pages 17801-17808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7631]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2010-1058, FRL-9288-5]


Approval and Promulgation of Implementation Plans; New York 
Reasonable Further Progress Plans, Emissions Inventories, Contingency 
Measures and Motor Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing action 
on portions of a proposed State Implementation Plan revision submitted 
by New York that are intended to meet several Clean Air Act 
requirements for attaining the 0.08 part per million 8-hour ozone 
national ambient air quality standards. EPA is proposing to approve: 
the 2002 base year emission inventory and the projection year 
emissions, the motor vehicle emissions budgets used for planning 
purposes, the reasonable further progress plan, and the contingency 
measures as they relate to the New York portion of the New York-
Northern New Jersey-Long Island, NY-NJ-CT and the Poughkeepsie 8-hour 
ozone moderate nonattainment areas.

DATES: Comments must be received on or before May 2, 2011.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2010-1058, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: 212-637-3901.
     Mail: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 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 Docket No. EPA-R02-OAR-2010-
1058. 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://www.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, 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 http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment

[[Page 17802]]

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 or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 
25th Floor, New York, New York 10007-1866. EPA requests, if at all 
possible, that you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Raymond Forde ([email protected]) 
concerning emission inventories and reasonable further progress and 
Kirk Wieber ([email protected]) concerning other portions of the SIP 
revision, Air Programs Branch, Environmental Protection Agency, 290 
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing?
II. Background Information
    A. What are the Act requirements for a Moderate 8-hr Ozone 
Nonattainment Area?
    1. History and Time Frame for the State's Attainment 
Demonstration SIP
    2. Moderate Area Requirements
III. What was included in New York's proposed SIP submittals?
IV. EPA's Review and Technical Information
    A. Emission Inventories
    1. What are the Act requirements?
    2. What emission inventories were included in the SIP?
    3. What is EPA's evaluation?
    B. Reasonable Further Progress Plans
    1. What are the Act requirements?
    2. What reasonable further progress plans were included in the 
SIP?
    3. What is EPA's evaluation?
    C. Contingency Measures
    1. What are the Act requirements?
    2. What contingency measures were included in the SIP?
    3. What is EPA's evaluation?
    D. Motor Vehicle Emissions Budgets
    1. What are the Act requirements?
    2. What motor vehicle emissions budgets were included in the 
SIP?
    3. What is EPA's evaluation?
V. What are EPA's conclusions?
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    The Environmental Protection Agency (EPA) has reviewed elements of 
New York's proposed comprehensive State Implementation Plan (SIP) 
revisions for the 0.08 parts per million (ppm) 8-hour ozone national 
ambient air quality standards (NAAQS or standard) \1\ along with other 
related Clean Air Act (Act) requirements necessary to ensure attainment 
of the standard. The EPA is proposing to approve into the SIP the 
following elements: The State-wide 2002 base year emissions inventory, 
the ozone projection emission inventory, the motor vehicle emissions 
budgets used for planning purposes, the reasonable further progress 
(RFP) plan and the contingency measures. At this time, EPA is 
continuing to review the other components of the New York submissions 
(i.e., attainment demonstrations and 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 from ``moderate'' to ``serious'') 
and plans to address those other components of the proposed SIP 
submittals in one or more separate proposed actions in the near future.
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    \1\ Unless otherwise specifically noted in the action, 
references to the 8-hour ozone standard are to the 0.08 ppm ozone 
standard promulgated in 1997.
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    EPA's analysis and findings are discussed in this proposed 
rulemaking and a more detailed discussion is contained in the Technical 
Support Document for this Proposal, which is available on line at 
http://www.regulations.gov, Docket number EPA-R02-OAR-2010-1058.

II. Background Information

A. What are the Act requirements for a Moderate 8-hour Ozone 
Nonattainment Area?

1. History and Time Frame for the State's Attainment Demonstration SIP
    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 ppm averaged over an 8-hour period. EPA set the 8-hour ozone 
standard based on scientific evidence demonstrating that ozone causes 
adverse health effects at lower ozone concentrations and over longer 
periods of time than was understood when the pre-existing 1-hour ozone 
standard was set. EPA determined that the 8-hour standard would be more 
protective of human health, especially with regard to children and 
adults who are active outdoors, and individuals with a pre-existing 
respiratory disease, such as asthma.
    On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These actions became effective on June 15, 
2004. The three 8-hour ozone moderate nonattainment areas located in 
New York State are, the New York-Northern New Jersey-Long Island, NY-
NJ-CT nonattainment area, the Poughkeepsie nonattainment area, and the 
Jefferson County nonattainment area. The New York portion of the New 
York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment area is 
composed of the five boroughs of New York City and the surrounding 
counties of Nassau, Suffolk, Westchester and Rockland. This is 
collectively referred to as the New York City Metropolitan Area or 
NYMA. The Poughkeepsie nonattainment area is composed of Dutchess, 
Orange and Putnam counties. On March 25, 2008 (73 FR 15672) EPA 
determined that Jefferson County attained the 8-hour ozone standard.
    These designations triggered the Act's requirements under section 
182(b) for moderate nonattainment areas, including a requirement to 
submit a demonstration of attainment. To assist States in meeting the 
Act's requirements for ozone, EPA released an 8-hour ozone 
implementation rule in two Phases. EPA's Phase 1 8-hour ozone 
implementation rule, published on April 30, 2004 (69 FR 23951) and 
referred to as the Phase 1 Rule, specifies that States must submit 
these attainment demonstrations to EPA by no later than three years 
from the effective date of designation, that is, submit them by

[[Page 17803]]

June 15, 2007.\2\ On November 9, 2005, EPA published Phase 2 of the 8-
hour ozone implementation rule (70 FR 71612), referred to as the Phase 
2 Rule, which addresses the control obligations that apply to areas 
designated nonattainment for the 8-hour NAAQS.
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    \2\ On December 22, 2006, the United States Court of Appeals for 
the District of Columbia Circuit (the Court) vacated the Phase 1 
Rule. South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 
(DC Cir. 2006). Subsequently, in South Coast Air Quality Management 
Dist. v. EPA, 489 F.3d 1295 (DC Cir. 2007), in response to several 
petitions for rehearing, the Court clarified that the Phase 1 Rule 
was vacated only with regard to those parts of the rule that had 
been successfully challenged. The court did not vacate the portions 
of the Phase 1 Rule relating to EPA's classification system under 
subpart 2. The portions of the rule that were vacated to not affect 
this proposed action.
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2. Moderate Area Requirements
    Among other things, the Phase 1 and Phase 2 Rules outline the SIP 
requirements and deadlines for various requirements in areas designated 
as moderate nonattainment. For such areas, RACT plans were due by 
September 15, 2006 (40 CFR 51.912(a)(2)). The rules further require 
that modeling and attainment demonstrations, RFP plans, RACM analysis, 
projection year emission inventories, motor vehicle emissions budgets 
and contingency measures were all due by June 15, 2007 (40 CFR 
51.908(a), and (c)).

III. What was included in New York's proposed SIP submittals?

    After completing the appropriate public notice and comment 
procedures, New York made a series of submittals in order to address 
the Act's 8-hour ozone attainment requirements previously described in 
Section II.A.2. On September 1, 2006, New York submitted its proposed 
State-wide 8-hour ozone RACT SIP, which included a determination that 
many of the RACT rules currently contained in its SIP meet the RACT 
obligation for the 8-hour standard. On February 8, 2008, New York 
submitted two proposed comprehensive 8-hour ozone SIPs--one for the 
NYMA, entitled, ``New York SIP for Ozone--Attainment Demonstration for 
New York Metro Area'' and one for the Poughkeepsie nonattainment area, 
entitled, ``New York SIP for Ozone--Attainment Demonstration for 
Poughkeepsie, NY Area''. On December 28, 2009 and January 26, 2011, New 
York supplemented its February 8, 2008 submittal. The submittals 
included the 2002 base year emissions inventory, projection year 
emissions, attainment demonstrations, RFP plans, RACM analysis, RACT 
analysis, contingency measures and on-road motor vehicle emission 
budgets. These proposed SIP revisions were subject to notice and 
comment by the public and the State addressed the comments received on 
the proposed SIPs before adopting the plans and submitting them for EPA 
review and rulemaking action.
    With respect to the Poughkeepsie area, EPA has evaluated its air 
quality monitoring data and has determined the Poughkeepsie area has 
attained the 8-hour ozone standard. On December 7, 2009, EPA announced 
this determination in the Federal Register (74 FR 63993). Consistent 
with 40 CFR 51.918, this determination suspends the requirements for 
various SIP items, including, the requirement to submit an attainment 
demonstration, an RFP plan, and section 172(c)(9) contingency measures 
for the eight-hour ozone NAAQS for so long as the area continues to 
attain the ozone NAAQS. Therefore, EPA is not taking action on these 
proposed SIP elements for the Poughkeepsie area that are contained in 
the 8-hour ozone SIP proposal that was submitted to EPA on February 8, 
2008. However, EPA is taking action on the 2002 base year emissions 
inventory for the Poughkeepsie Area.
    In addition to the previously mentioned 8-hour ozone SIP 
submittals, 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. Additionally, on 
June 14, 2010, New York submitted to EPA a Clean Data Petition for the 
New York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone 
nonattainment area. At this time, EPA is continuing to review 
collectively 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 Clean Data Petition and plans to address New 
York's requests in a separate proposed action in the near future.
    On July 23, 2010 (75 FR 43066), EPA conditionally approved the 
reasonably available control technology requirement as it relates to 
the entire State of New York, including the New York portion of the New 
York-Northern New Jersey-Long Island, NY-NJ-CT and the Poughkeepsie 8-
hour ozone moderate nonattainment areas and also conditionally approved 
the reasonably available control measure analysis as it relates to the 
New York portion of the New York-Northern New Jersey-Long Island, NY-
NJ-CT 8-hour ozone moderate nonattainment area.

IV. EPA's Review and Technical Information

A. Emission Inventories

1. What are the Act requirements?
    An emissions inventory is a comprehensive, accurate, current 
inventory of actual emissions from all sources and is required by 
section 172(c)(3) of the Act. For ozone nonattainment areas, the 
emissions inventory must contain volatile organic compounds (VOC), 
nitrogen oxides (NOX) and carbon monoxide (CO) emissions 
because these pollutants are precursors to ozone formation.
2. What emission inventories were included in the SIP?
a. 2002 Base Year
    New York submitted its proposed and final 2002 base year emissions 
inventories. A summary of the 2002 base year emissions inventory for 
the NYMA, the Poughkeepsie area and for the entire State are included 
in Tables 1A-2B of this action.
b. Projection Years
    The 2002 VOC and NOX anthropogenic emissions are 
projected to 2008 in order to determine the VOC and NOX 
reductions needed for the 15 percent RFP plan for the NYMA. The 2008 
projection year emission inventory was calculated by adjusting the 2002 
base year inventory using factors that estimate growth from 2002 to the 
2008 projection year. EPA requires specific growth factors be 
considered for each source type in the inventory since source emissions 
typically change at different rates. The 2008 projection inventory was 
also adjusted by the State to reflect the benefits of control measures 
that were adopted since the 2002 emission inventory. Table 3 shows the 
2008 VOC and NOX projection emission inventory after 
applying the appropriate growth indicators/methodologies and expected 
controls to the 2002 base year emissions inventory for the NYMA.

[[Page 17804]]



                                              Table 1A--2002 Base Year Inventory Summertime Daily Emissions
                                                                      [In tons/day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               NYMA                                      Poughkeepsie area
                                                         -----------------------------------------------------------------------------------------------
                                                                VOC             NOX             CO              VOC             NOX             CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................            10.7           174.4           39.49            3.78           17.88            2.67
Area....................................................           445.4            77.6           28.70           38.23            5.39            5.67
Non-road................................................           283.5           186.2        2,824.03           26.48           16.93          199.65
On-road.................................................           236.8           327.3        2,384.72           32.46           50.33          410.39
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          976.40           762.5        5,276.90          100.95           91.10          618.38
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                                                   Table 1B--2002 Base Year Inventory Annual Emissions
                                                                     [In tons/year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               NYMA                                      Poughkeepsie area
                                                         -----------------------------------------------------------------------------------------------
                                                                VOC             NOX             CO              VOC             NOX             CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           3,570          45,634          10,737           1,396           6,672             960
Area....................................................         152,147          54,494          23,834          18,825           3,695          19,755
Non-road................................................          60,635          55,984         667,739           5,161           5,313          42,689
On-road.................................................          81,499         124,640       1,106,919          11,250          19,435         189,510
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................         297,851         280,752       1,809,229          36,632          35,115         243,914
--------------------------------------------------------------------------------------------------------------------------------------------------------


   Table 2A--2002 Entire New York State Emissions Inventory Summertime
                             Daily Emissions
                              [In tons/day]
------------------------------------------------------------------------
                                       VOC          NOX           CO
------------------------------------------------------------------------
Point............................        41.52       377.25       188.23
Area.............................        855.1        162.9       148.31
Non-road.........................       749.45       400.78     5,386.05
On-road..........................       546.65       844.22     6,518.33
                                  --------------------------------------
    Total........................     2,192.72     1,784.65    12,240.92
------------------------------------------------------------------------


     Table 2B--2002 Entire New York State Emissions Inventory Annual
                                Emissions
                             [In tons/year]
------------------------------------------------------------------------
                                       VOC          NOX           CO
------------------------------------------------------------------------
Point............................       15,034      118,765       66,157
Area.............................      503,797       98,804      356,287
Non-road.........................      157,892      119,808    1,206,370
On-road..........................      179,731      313,890    2,942,730
                                  --------------------------------------
    Total........................      855,454      651,267    4,571,544
------------------------------------------------------------------------


                   Table 3--NYMA--2002 Base Year and 2008 Projection Year Emission Inventories
                                                  [In tons/day]
----------------------------------------------------------------------------------------------------------------
                                                       2002 base year actual      2008 projection year inventory
                                                             inventory                     (controlled)
                                                 ---------------------------------------------------------------
                                                        VOC             NOX             VOC             NOX
----------------------------------------------------------------------------------------------------------------
Point...........................................            10.7           174.4            19.8           178.9
Area............................................           445.4            77.6           413.6            84.4
Non-Road Mobile.................................           283.5           186.2           215.1           174.4
On-Road Mobile..................................           236.8           327.3           148.8           211.8
                                                 ---------------------------------------------------------------
    Total.......................................          976.40           762.5           798.4           649.5
----------------------------------------------------------------------------------------------------------------


[[Page 17805]]

3. What is EPA's evaluation?
    Based on EPA's review, the 2002 base year emissions inventory for 
the NYMA, the Poughkeepsie area and the entire State includes essential 
data elements, source categories, sample calculations or report 
documentation to allow EPA to adequately determine if the inventory is 
accurate and complete. Consequently, New York's 2002 base year 
emissions inventory is consistent with the ozone base year emission 
inventory reporting requirements based on EPA guidance. Similarly, EPA 
has determined the 2008 projection year emissions inventory for the 
NYMA is consistent with the essential emission inventory reporting 
requirements. New York's 2002 base year inventories are consistent with 
the ozone base year emission inventory reporting requirements for the 
following reasons:
     The point and area source emissions inventory reports 
identify the actual activity data and emissions factors.
     Information on how rule effectiveness, control 
efficiencies and rule penetration, where appropriate, are applied and 
the associated sample calculations with numerical values are provided.
     Point and area source inventory documentation identifies 
emissions factors, activity levels, seasonal adjustment factors, and 
sample calculations. Referenced information for the input values to 
equations was identified.
     Point, area, non-road and on-road mobile source emissions 
are presented on a source by source category basis or on a county 
basis.
     The appropriate non-road and on-road emissions model are 
used.
     Annual and summertime daily point, area, non-road and on-
road emissions are identified in the inventory.
    New York's 2008 projection year inventory is consistent with the 
emission inventory reporting requirements for the following reasons:
     For projecting point, area, non-road and on-road mobile 
emissions, there is evidence the uncontrolled projection emission 
inventories were projected from 2002 to 2008 and controls applied 
correctly for future years.
     Point and area source inventory source documentation 
identify growth factors, emissions factors, activity levels, seasonal 
adjustment factors, and sample calculations. The referenced information 
for the input values into equations was included.
     Point, area, non-road and on-road projection inventories 
identify summary reports on a source by source basis.
    With this information and documentation, EPA is able to verify the 
accuracy and representativeness of the base year and projection year 
emission inventories and whether the RFP plans are calculated correctly 
and result in sufficient emissions reductions towards achieving 
attainment.
    A more detailed discussion of how the emission inventories were 
reviewed and the results of EPA's review are provided in the Technical 
Support Document (TSD) for this action. EPA is proposing to approve the 
2002 base year for the NYMA and Poughkeepsie ozone nonattainment areas 
and the entire State and the 2008 projection year emission inventories 
for the NYMA area as the State used these inventories in developing the 
RFP plan.
    New York also submitted 2008 and 2009 projection year inventories 
for the Poughkeepsie area and 2011 and 2012 projection year inventories 
for the NYMA (in support of the request for reclassification from 
``moderate'' nonattainment to ``serious''). EPA is deferring action on 
New York's reclassification request and the Poughkeepsie area proposed 
SIP revisions at this time.

B. Reasonable Further Progress Plans

1. What are the Act requirements?
    Section 182(b)(1) of the Act and EPA's 8-hour ozone implementation 
rule (40 CFR 51.910) require each 8-hour ozone nonattainment area 
designated moderate and above to submit an RFP Plan for EPA review and 
approval into its SIP, that describes how the area will achieve actual 
emissions reductions of VOC and NOX from a baseline 
emissions inventory.
    The process for determining the emissions baseline from which the 
RFP reductions are calculated is described in section 182(b)(1) of the 
Act and 40 CFR 51.910. This baseline value has been determined to be 
the 2002 adjusted base year inventory. Sections 182(b)(1)(B) and (D) 
require the exclusion from the base year inventory of emissions 
benefits resulting from the Federal Motor Vehicle Control Program 
(FMVCP) regulations promulgated by January 1, 1990, and the Reid Vapor 
Pressure (RVP) regulations promulgated June 11, 1990 (55 FR 23666). The 
FMVCP and RVP emissions reductions are determined by the State using 
EPA's MOBILE6 on-road mobile source emissions modeling software. The 
FMVCP and RVP emission reductions are then removed from the base year 
inventory by the State, resulting in an adjusted base year inventory. 
The emission reductions needed to satisfy the RFP requirement are then 
calculated from the adjusted base year inventory. These reductions are 
then subtracted from the base year inventory to establish the emissions 
target for the RFP milestone year (2008).
    For moderate areas like those in New York, the Act requires 
emissions of ozone precursors be reduced by 15 percent over an initial 
six-year period. As discussed earlier, on November 9, 2005, EPA 
published the final rule to implement the 8-hour ozone standard (70 FR 
71612), commonly referred to as the Phase 2 Rule. The Phase 2 Rule 
outlines the SIP requirements and deadlines for various requirements in 
areas designated as moderate nonattainment or higher. In the Phase 2 
Rule, EPA provided that an area classified as moderate or higher must 
meet the RFP requirement pursuant to either section 182(b)(1), using 
VOC emission reductions, or section 172(c)(2), using VOC and 
NOX emission reductions.
    In the NYMA, EPA previously approved a 15 percent RFP plan for the 
entire nonattainment area under the 1-hour ozone standard (67 FR 5170 
(February 4, 2002)). EPA's Phase 2 Rule permits emissions reductions of 
either VOC and/or NOX to meet the 15 percent reduction in 
cases where EPA previously approved a 15 percent RFP plan under the 1-
hour standard, such as is the case with the NYMA. Therefore, the NYMA 
is subject to the 15 percent RFP requirement pursuant to section 
172(c)(2) of the Act, which permits reductions of either VOC and/or 
NOX emission reductions to meet the 15 percent reduction.
    It is important to note that section 182(b)(l) of the Act also 
requires the RFP plan for moderate areas to provide for reductions in 
VOC and NOX emissions ``as necessary to attain the national 
primary ambient air quality standard for ozone.'' This requirement can 
be met using EPA-approved modeling techniques and the adoption of any 
additional control measures beyond those needed to meet the 15 percent 
emissions reduction requirements.
2. What reasonable further progress plans were included in the SIP?
    For the NYMA, New York included RFP plans for milestone years 2008, 
2011 and 2012 consistent with a serious classification as requested by 
New York. In this notice, EPA will act on the 2008 RFP plan and defer 
action on the 2011 and 2012 RFP plans. Using the 2002 base year 
emission inventory, New York calculated an ``adjusted baseline 
inventory'' by removing the biogenic and non-creditable reductions 
(Federal

[[Page 17806]]

Motor Vehicle Control and RVP) from the base year emissions. RFP 
requires a minimum VOC emission reduction of 15 percent between 2002 
and 2008 above any growth that occurs during this period. The 15 
percent was applied to the adjusted baseline year inventory to yield 
the 2008 VOC emission target levels. New York provided in its SIP 
submittal a 15 percent plan with the associated control measures that 
would contribute towards achieving that target level of emissions for 
milestone year 2008 summarized in Table 4.

 Table 4--VOC Emission Reduction Measures Included in the New York 2008
                             (15%) RFP Plan
------------------------------------------------------------------------
                                                NYMA ozone NAA (tons per
             VOC Control measures                         day)
------------------------------------------------------------------------
Required Reduction in VOC to Meet 2008                           125.16
 Milestone....................................
Point Source Control Measures.................                    *42.3
Emission Reduction Credits (ERCs).............                     -1.1
Non-Road Mobile Source Control Measures.......                        0
On-Road Mobile Source Control Measures          ........................
    Low Emission Vehicle (LEV) 2..............                      2.5
    New York Vehicle Inspection Program                             4.0
     (NYVIP)..................................
    Fuels.....................................                      8.7
    Heavy Duty Diesel.........................                       .1
Stationary Area Source Control Measures         ........................
    Consumer Products.........................                     17.1
    Portable Fuel Containers..................                     13.9
    Architectural and Industrial Maintenance                       22.5
     Coatings.................................
    Mobile Equipment Repair...................                     12.6
    Solvent Metal Cleaning....................                      5.3
                                               -------------------------
        Total VOC Benefits From All Sources...                    129.1
------------------------------------------------------------------------
VOC Shortfall = (VOC Reductions Needed To Meet  125.16 - 129.1 = -3.94.
 Target Level) - (VOC Benefits From All
 Sources).....................................
------------------------------------------------------------------------
              VOC PLAN RESULTS IN 3.94 Tons Per Day Surplus
------------------------------------------------------------------------
* Includes a summation of all emissions reduction from regulations that
  were effective prior to 2002.

    Based on Table 4, New York's VOC control plan meets the 15 Percent 
Plan reduction requirements. It results in 3.94 tons per day surplus.
3. What is EPA's evaluation?
    Based on the RFP calculations included in New York's SIP submittal, 
New York's VOC 15 percent control plan results in 3.94 tons per day VOC 
emission reduction surplus in the NYMA. New York followed EPA's 
requirements and guidance in calculating the ``adjusted baseline 
inventories,'' and 2008 target level emissions, the total emission 
reductions (net of growth) needed from the 2008 uncontrolled projection 
inventory to reach the target levels for the 2008 milestone year was 
provided and therefore New York's RFP demonstration is consistent with 
the RFP emissions inventory reporting requirements.
    In addition, New York's RFP plan is based on a 2002 base-year and 
projection emissions inventories, which as noted earlier in Section 
IV.A.3 are consistent with the emission inventory reporting 
requirements. New York identified how RFP will be achieved, i.e., a 
complete list of control measures and the relevant emission reductions 
for each source category. New York did provide in its SIP submittal a 
list of control measures that would contribute towards RFP (see Table 
4) and there was information associated with the control measures in 
New York's SIP submittal for EPA to adequately determine that RFP will 
be achieved for milestone year 2008.
    Based on the reasons mentioned above, EPA is proposing to approve 
New York's 2008 RFP plan for the NYMA.

C. Contingency Measures

1. What are the Act requirements?
    For ozone nonattainment areas classified as moderate or above, 
States must include in their submittals contingency measures to be 
implemented if an area fails to make RFP or to attain the NAAQS by the 
applicable attainment date (sections 172(c)(9) and 182(c)(9)). 
Contingency measures are intended to achieve reductions over and beyond 
those relied on in the RFP and attainment demonstrations. The Act does 
not preclude a State from implementing such measures before they are 
triggered. EPA interprets the Act to require sufficient contingency 
measures in the submittal, so that upon implementation of such 
measures, additional emissions reductions of up to three percent of the 
adjusted base year inventory would be achieved in the year after the 
failure has been identified. For a more detailed description of the 
contingency measures requirement please see the April 16, 1992 General 
Preamble (57 FR 13498, 13512) and the November 29, 2005 Phase 2 8-hour 
ozone implementation rule (70 FR 71612).
2. What contingency measures were included in the SIP?
    New York identified an additional three percent (of the adjusted 
base year inventory) reduction of VOC emissions, or an equivalent 
combination of VOC and NOX, for the NYMA to satisfy the 
contingency plan requirement for each milestone year. These reductions 
will be achieved by a host of control measures that have been adopted 
and implemented by New York.
3. What is EPA's evaluation?
    New York identified the necessary quantity of emissions reductions 
for contingency. Those calculations are based on a 2002 base-year 
inventory and projection inventories, which as noted earlier in Section 
IV.A.3 are consistent with the emission inventory reporting 
requirements. All of the control measures identified in Table 4 and 
used to make the necessary reductions for contingency have been adopted 
and implemented by New York. EPA has determined that New York's SIP

[[Page 17807]]

adequately addresses the RFP contingency plans for the NYMA consistent 
with the Act, as interpreted in EPA's regulations, guidance and 
policies. Therefore, EPA is proposing to approve New York's RFP 
contingency plans for the NYMA.

D. Motor Vehicle Emissions Budgets

1. What are the Act requirements?
    Section 176(c)(1)(A) of the Act requires that Federal actions in 
nonattainment and maintenance areas ``conform to'' the SIPs and that 
such actions will not: (a) Cause or contribute to any new violation of 
any NAAQS in any area; (b) increase the frequency or severity of any 
existing violation of any NAAQS in any area; or (c) delay timely 
attainment of any NAAQS or delay any required interim emissions 
reduction milestone in any area (section 176(c)(1)(B) of the Act). 
Actions involving Federal Highway Administration (FHWA) or Federal 
Transit Administration (FTA) funding or approval are subject to the 
transportation conformity rule (40 CFR part 93, subpart A). Under this 
rule, metropolitan planning organizations (MPOs) in nonattainment and 
maintenance areas coordinate with State air quality and transportation 
agencies, EPA, and the FHWA and FTA to demonstrate that their long 
range transportation plans (``plans'') and transportation improvement 
programs (TIPs) conform to applicable SIPs. This is typically 
determined by showing that estimated emissions from existing and 
planned highway and transit projects are less than or equal to the 
motor vehicle emissions budgets (``budgets'') contained in a SIP. The 
General Conformity regulation (40 CFR part 93, subpart B) requires 
actions initiated by other Federal agencies in nonattainment and 
maintenance areas to also conform to the SIP. One option for Federal 
agencies to demonstrate general conformity is to meet facility-wide 
emissions budgets that are specified in the SIP. New York has not 
chosen to establish facility-wide emissions budgets for any major 
Federal facilities in the SIP.
2. What motor vehicle emissions budgets were included in the SIP?
    In its February 8, 2008 SIP submittals, New York established 2008, 
2011, and 2012 on-road motor vehicle emission budgets for the NYMA 8-
hour moderate ozone nonattainment area. Table 5 lists the New York on-
road motor vehicle emissions budgets.

                                             Table 5--Motor Vehicle Emissions Budgets Submitted by New York
                                                                     [Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  2008                              2011                              2012
          8-Hour Ozone Nonattainment Area          -----------------------------------------------------------------------------------------------------
                                                          VOC              NOX              VOC              NOX              VOC              NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
NYMA..............................................          148.85           211.77           120.93           163.84           111.08           147.43
--------------------------------------------------------------------------------------------------------------------------------------------------------

3. What is EPA's evaluation?
    EPA is proposing to approve the 2008 RFP on-road motor vehicle 
emissions budgets established for the NYMA because these budgets are 
based on a 2002 base year emissions inventory that is consistent with 
the emission inventory reporting requirements and EPA guidance, as 
discussed in Section IV.A. A more detailed discussion of how the 
emission inventories were reviewed and the results of these reviews are 
provided in section IV.A and the TSD for this action. EPA is also 
proposing approval of these budgets because EPA has now completed its 
review of the overall RFP plan which demonstrates the required percent 
reductions needed for the plan approval. The 2008 RFP on-road budgets 
are consistent with the overall RFP plan. EPA is deferring action on 
the 2011 and 2012 motor vehicle emission budgets for the NYMA, 
submitted by New York in support of its reclassification request, until 
action is taken on the submitted attainment demonstration for this 
area.

V. What are EPA's conclusions?

    EPA is proposing to approve into the SIP the following elements 
which are required by the Act: 2002 base year emissions inventory, the 
2008 ozone projection year emissions inventories, the 2008 motor 
vehicle emissions budgets used for planning purposes, the 2008 RFP 
plan, and the contingency measures for failure to meet the 2008 RFP 
plan milestone as they apply to the New York portion of the New York-
Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate 
nonattainment area. These elements were submitted to EPA by New York in 
a package entitled ``New York SIP for Ozone--Attainment Demonstration 
for New York Metro Area,'' dated February 8, 2008 and supplemented on 
December 28, 2009 and January 26, 2011.
    EPA is also proposing to approve: The 2002 base year emissions 
inventory for the Poughkeepsie 8-hour ozone moderate nonattainment area 
and the State-wide 2002 base year emissions inventory, submitted by New 
York on February 8, 2008 and supplemented on December 28, 2009 and 
January 26, 2011.
    EPA is not taking action at this time on New York's attainment 
demonstration, reclassification request (and relevant SIP elements 
associated with a reclassification) or Clean Data Petition for the New 
York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate 
nonattainment area, but will do so in one or more proposed actions in 
the near future.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves State law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by State law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described

[[Page 17808]]

in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 18, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-7631 Filed 3-30-11; 8:45 am]
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