[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54177-54178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21266]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2013-0592; FRL-9900-59-Region2]


Adequacy Status of the Submitted 2009, 2017 and 2025 
PM2.5 Motor Vehicle Emission Budgets for Transportation 
Conformity Purposes for New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: In this action, EPA is notifying the public that we have found 
the motor vehicle emissions budgets for PM2.5 and 
NOX in the submitted maintenance plan for the New York 
portions of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
PM2.5 nonattainment areas 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 budgets before they can be used by metropolitan 
planning organizations (MPOs) in conformity determinations. As a result 
of our finding, the new 2009, 2017 and 2025 PM2.5 budgets 
are applicable to nine of the ten counties in the New York Metropolitan 
Transportation Council planning area (excluding Putnam County) and 
Orange County in the Orange County Transportation Council planning area 
and must be used for all future transportation conformity 
determinations.

DATES: This finding is effective September 18, 2013.

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 June 27, 2013, New York State submitted a redesignation request 
and maintenance plan to EPA for the New York portion of the New York-
Northern New Jersey-Long Island, NY-NJ-CT PM2.5 
nonattainment areas. The purpose of New York's submittal was to request 
a redesignation to attainment for both the 1997 and 2006 
PM2.5 National Ambient Air Quality Standards (NAAQS) and 
submit a state implementation plan to provide for maintenance of the 
standard for the first ten years of a 20-year maintenance period. New 
York's request was pursuant to EPA's findings that that the New York 
area had attained the 1997 (75 FR 69589) and 2006 (77 FR 76867) 
PM2.5 NAAQS based on ambient air quality monitoring data. 
New York's submittal included motor vehicle emissions budgets 
(``budgets'') for 2009, 2017 and 2025 for use by the State's 
metropolitan planning organizations in making transportation conformity 
determinations. On July 15, 2013, EPA posted the availability of the 
budgets on our Web site for the purpose of soliciting public comments. 
The comment period closed on August 14, 2013, and we received no 
comments.
    New York State developed these budgets for the 1997 annual 
PM2.5 NAAQS and the 2006 24-hour PM2.5 NAAQS 
based on EPA's MOVES model. These budgets are for 2025, the last year 
of the maintenance plan as required, and two additional years, 2009 and 
2017, for the purpose of establishing budgets for the near-term. New 
York also determined that budgets based on annual emissions of direct 
PM2.5 and NOX, a precursor, are appropriate for 
the 2006 24-hour standard because exceedences of the standard were not 
isolated to one particular season; therefore, the budgets being found 
adequate today will be used by transportation agencies to meet 
conformity requirements for both the annual and 24-hour standards.
    The 2009 budgets were developed without an accompanying full 
emissions inventory. However, EPA believes that the 2009 budgets still 
meet all of the adequacy criteria, as described below. The 2009 budgets 
are consistent with attainment and maintenance of both the 1997 and 
2006 PM2.5 standards because of our earlier determinations 
that the New York portion of the New York-Northern New Jersey-Long 
Island, NY-NJ-CT PM2.5 nonattainment area had attained the 
standards based on monitored air quality that included the year 2009.

Adequacy Process

    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 or not 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 outlined 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.
    We have described our process for determining the adequacy of 
submitted SIP budgets in 40 CFR 93.118(f). We have followed this rule 
in making our adequacy determination. The motor vehicle emissions 
budgets being found adequate today are listed in Table 1 and include 
direct PM2.5 and its precursor, NOX. EPA's 
finding will also be announced on EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

EPA Review

    EPA's adequacy review of New York's submitted budgets indicates 
that the budgets meet the adequacy criteria set forth by 40 CFR 
93.118(e)(4), as follows:
    (i) The submitted control strategy implementation plan revision or 
maintenance plan was endorsed by the Governor (or his or her designee) 
and was subject to a State public hearing: The SIP revision was 
submitted to EPA by the Commissioner of the New York State Department 
of Environmental Conservation, who is the Governor's designee.
    (ii) Before the control strategy implementation plan or maintenance 
plan was submitted to EPA, consultation among federal, State, and local 
agencies occurred; full implementation plan documentation was provided 
to EPA; and EPA's stated concerns, if any, were addressed: New York 
State conducted an interagency consultation process involving EPA and 
USDOT, the New York State Department of Transportation and affected 
MPOs. All comments and concerns were addressed prior to the final 
submittal.
    (iii) The motor vehicle emissions budget(s) is clearly identified 
and precisely quantified: The budgets were clearly identified and 
quantified and are presented here in Table 1.
    (iv) The motor vehicle emissions budget(s), when considered 
together with all other emissions sources, is

[[Page 54178]]

consistent with applicable requirements for maintenance: The 2009, 2017 
and 2025 budgets are less than the on-road mobile source inventory for 
2007 that was shown to be consistent with attainment of the standards. 
The applicable state implementation plan demonstrates that the 2017 and 
2025 budgets are consistent with maintenance when considered with all 
other sources for each respective year. The 2009 budgets were developed 
with all the information for the year 2009, including on-road activity 
in 2009. Because New York demonstrated attainment in this year to the 
applicable air quality standards, the 2009 budgets are therefore 
consistent with maintenance of the respective standards.
    (v) The motor vehicle emissions budget(s) is consistent with and 
clearly related to the emissions inventory and the control measures in 
the submitted control strategy implementation plan revision or 
maintenance plan: The budgets were developed from the on-road mobile 
source inventories, including all applicable state and Federal control 
measures. Inputs related to inspection and maintenance and fuels are 
consistent with New York State's Federally-approved control programs.
    (vi) Revisions to previously submitted control strategy 
implementation plans or maintenance plans explain and document any 
changes to previously submitted budgets and control measures; impacts 
on point and area source emissions; any changes to established safety 
margins (see Sec.  93.101 for definition); and reasons for the changes 
(including the basis for any changes related to emission factors or 
estimates of vehicle miles traveled): The submitted maintenance plan 
establishes new 2009, 2017 and 2025 budgets to ensure continued 
maintenance of the standards; therefore, this is not applicable.

Adequacy Finding

    Today's action is simply an announcement of a finding that we have 
already made. EPA Region 2 sent a letter to New York on August 19, 
2013, stating that the 2009, 2017 and 2025 motor vehicle emissions 
budgets in New York's SIP for the New York PM2.5 
nonattainment areas are adequate because they are consistent with the 
required maintenance demonstration. In our letter we noted that there 
are existing approved and adequate budgets for 2009, but that the 2009 
budgets contained in the submitted maintenance plans will be the most 
recent budgets in place to satisfy the latest Clean Air Act requirement 
and therefore will be the applicable 2009 budgets to be used in future 
transportation conformity determinations for analysis years prior to 
2017.

       Table 1--PM2.5 Motor Vehicle Emissions Budgets for New York
                             [Tons per year]
------------------------------------------------------------------------
  New York Metropolitan Transportation
 Council & Orange County Transportation    Direct PM2.5         NOX
                 Council
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2009 Motor Vehicle Emissions Budget.....        5,516.75      106,020.09
2017 Motor Vehicle Emissions Budget.....        3,897.71       68,362.66
2025 Motor Vehicle Emissions Budget.....        3,291.09       51,260.81
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List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements.

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

    Dated: August 19, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013-21266 Filed 8-30-13; 8:45 am]
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