[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Rules and Regulations]
[Pages 51264-51266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21097]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2010-1058; FRL-9453-2]


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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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. Specifically, EPA is approving into the SIP the 
following elements which are required by the Act: The 2002 base year 
and 2008 projection year emissions inventories, the 2008 motor vehicle 
emissions budgets used for planning purposes, the 2008 Reasonable 
Further Progress (RFP) plan, and the 2008 RFP Plan contingency measures 
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. 
EPA is also approving the 2002 base year emissions inventory for the 
Poughkeepsie 8-hour ozone moderate nonattainment area and the state-
wide 2002 base year ozone emissions inventory.

DATES: Effective Date: This rule is effective on September 19, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2010-1058. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
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. This Docket Facility is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The Docket telephone number is 212-637-4249.

FOR FURTHER INFORMATION CONTACT: Raymond K. Forde, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10278, (212) 637-3716.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 31, 2011 (76 FR 17801), EPA proposed approval of the New 
York State Implementation Plan (SIP) submitted on February 8, 2008 and 
supplemented on December 28, 2009 and January 26, 2011. The SIP 
submittal addresses the requirements for the New York portion of the 
New York-Northern New Jersey-Long Island and Poughkeepsie 8-hour ozone 
moderate nonattainment areas. The New York portion of the New York-
Northern New

[[Page 51265]]

Jersey-Long Island area is composed of the five boroughs of New York 
City and the counties of Nassau, Suffolk, Westchester and Rockland 
(referred to as the New York Metro Area). The Poughkeepsie area is 
composed of Dutchess, Orange and Putnam counties.
    The following Clean Air Act (CAA) requirements were the subject of 
the March 31, 2011 proposal: The 2002 base year emissions inventory, 
the 2008 projection year emissions inventories, the 2008 motor vehicle 
emissions budgets used for planning purposes, the 2008 RFP plan, the 
2008 RFP Plan contingency measures as they apply to the New York 
portion of the New York Metro ozone moderate nonattainment area, the 
2002 base year emissions inventory for the Poughkeepsie 8-hour ozone 
moderate nonattainment area and the state-wide 2002 base year ozone 
emissions inventory.
    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.
    A detailed discussion of the SIP revisions and EPA's rationale for 
approving them is contained in the March 31, 2011 proposal and will not 
be restated here. The reader is referred to the proposal for more 
details.

II. Public Notice

    EPA received no comments in response to the March 31, 2011 
proposal. Therefore, in this action, EPA is approving New York's plans.

III. Conclusion

    EPA has evaluated New York's submittal for consistency with the 
Clean Air Act and Agency regulations and policy. EPA is approving into 
the SIP the following components for the New York portion of the New 
York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate 
nonattainment area which are required by the Act: the 2002 base and 
2008 projection year emissions inventories, the 2008 motor vehicle 
emissions budgets used for planning purposes, the 2008 RFP plan, and 
the 2008 RFP Plan contingency measures. These components 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 approving the 2002 base year emissions inventory for 
the Poughkeepsie 8-hour ozone moderate nonattainment area and the 
state-wide 2002 base year emissions inventory. New York submitted these 
revisions to EPA for review and approval on February 8, 2008 in a 
package entitled, ``New York SIP for Ozone--Attainment Demonstration 
for Poughkeepsie, NY Area'' and supplemented on December 28, 2009 and 
January 26, 2011.

IV. 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 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 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 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 17, 2011. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference,

[[Page 51266]]

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: August 4, 2011.
Judith A. Enck,
Regional Administrator, Region 2.

    Part 52, 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 an entry to end of table in 
paragraph (e) to read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                   Applicable
                                  geographic or       New York
      Action/SIP element          nonattainment    submittal date       EPA approval date         Explanation
                                      area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2002 base year emissions        New York portion  2/8/2008          August 18, 2011..........
 inventory;                      of the New York-  supplemented
2008 projection year emissions   Northern New     on 12/28/2009
 inventories;.                   Jersey-Long       and 1/26/2011.
2008 motor vehicle emissions     Island 8-hour
 budgets used for planning       ozone
 purposes;.                      nonattainment
2008 ozone reasonable further    area.
 progress (RFP) plan; and.
2008 RFP Plan contingency
 measures..
2002 base year emissions        Poughkeepsie 8-   2/8/2008          August 18, 2011..........
 inventory.                      hour ozone        supplemented
                                 moderate         on 12/28/2009
                                 nonattainment     and 1/26/2011.
                                 area.
2002 base year emissions        State-wide......  2/8/2008          August 18, 2011..........
 inventory.                                        supplemented
                                                  on 12/28/2009
                                                   and 1/26/2011.
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0
3. Section 52.1683 is amended by adding paragraph (l) to read as 
follows:


Sec.  52.1683  Control Strategy: Ozone.

* * * * *
    (l)(1) The following State Implementation Plan (SIP) elements are 
approved: The 2002 base year emissions inventory, the 2008 projection 
year emissions inventories, the 2008 motor vehicle emissions budgets 
used for planning purposes, the 2008 ozone reasonable further progress 
(RFP) plan, and the 2008 RFP Plan contingency measures 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 are 
included in the 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.
    (2) The following SIP elements are approved: The 2002 base year 
emissions inventory for the Poughkeepsie 8-hour ozone moderate 
nonattainment area and the state-wide 2002 base year emissions 
inventory. These elements are included in a package entitled, ``New 
York SIP for Ozone-Attainment Demonstration for Poughkeepsie, NY 
Area,'' dated February 8, 2008 and supplemented on December 28, 2009 
and January 26, 2011.

[FR Doc. 2011-21097 Filed 8-17-11; 8:45 am]
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