[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Rules and Regulations]
[Pages 26597-26598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12303]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2018-0197; FRL-9978-07--Region 2]


Adequacy Status of Motor Vehicle Emissions Budgets for the New 
York Portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT, 
2008 8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of adequacy.

-----------------------------------------------------------------------

SUMMARY: In this document, the Environmental Protection Agency (``EPA'' 
or ``Agency'') is notifying the public that the Agency has found that 
the 2017 motor vehicle emissions budgets (``budgets'') for volatile 
organic compounds (``VOCs'') and nitrogen oxides (``NOX'') 
submitted by the New York State Department of Environmental 
Conservation for the 2008 national ambient air quality standard 
(``NAAQS'') for ozone are adequate for transportation conformity 
purposes for the New York portions of the New York-Northern New Jersey-
Long Island, NY-NJ-CT 8-hour ozone nonattainment area. The 
transportation conformity rule requires that the EPA

[[Page 26598]]

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 
this finding, upon the effective date of this notification of adequacy, 
the New York Metropolitan Transportation Council must use these budgets 
in future transportation conformity determinations. The budgets are 
contained in New York's November 10, 2017, state implementation plan 
submittal for the 2008 ozone NAAQS and are associated with the 
reasonable further progress milestone demonstration.

DATES: This finding is effective June 25, 2018.

FOR FURTHER INFORMATION CONTACT: Hannah Greenberg, Environmental 
Protection Agency Region 2, Air Programs Branch, 290 Broadway, 25th 
Floor, New York, New York 10007-1866; (212) 637-3829, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.
    This document is simply an announcement of a finding that we have 
already made. EPA Region 2 sent a letter to the New York State 
Department of Environmental Conservation on April 19, 2018, stating 
that the 2017 motor vehicle emissions budgets (``budgets'') in the 
submitted state implementation plan (``SIP'') for the 2008 national 
ambient air quality standard for ozone for the New York portions of the 
New York-Northern New Jersey-Long Island 8-hour ozone nonattainment 
area are adequate for transportation conformity purposes. These budgets 
are associated with the SIP's reasonable further progress milestone 
demonstration and must apply to future transportation conformity 
determinations conducted by the New York Metropolitan Transportation 
Council (``NYMTC'').
    On November 10, 2017, the New York State Department of 
Environmental Conservation submitted a SIP revision for the New York 
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT, 2008 
8-hour ozone nonattainment area. This revision to the SIP included 2017 
summer day volatile organic compound (``VOC'') and nitrogen oxides 
(``NOX'') motor vehicle emissions budgets associated with 
the SIP's reasonable further progress demonstration. We announced 
availability of the plan and related budgets on the EPA's 
transportation conformity website on December 6, 2017, requesting 
comments by January 5, 2018. We received no comments in response to the 
adequacy review posting.
    This finding will also be available at the EPA's conformity 
website: https://www.epa.gov/state-and-local-transportation/conformity-adequacy-review-region-2.
    The motor vehicle emissions budgets are provided in Table 1 below.

         Table 1--2017 Motor Vehicle Emissions Budgets for NYMTC
                             [Tons per year]
------------------------------------------------------------------------
                        Year                             VOC       NOX
------------------------------------------------------------------------
2017................................................    65.69    117.21
------------------------------------------------------------------------

    Transportation conformity is required by Clean Air Act section 
176(c). The EPA's conformity rule requires that long-range 
transportation plans, transportation improvement programs, and 
transportation projects conform to a state's air quality SIP 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 NAAQS.
    The criteria the EPA uses to determine whether a SIP's motor 
vehicle emission budgets are adequate for conformity purposes are 
outlined in 40 CFR 93.118(e)(4). We have further described our process 
for determining the adequacy of submitted SIP budgets in 40 CFR 
93.118(f), and we followed this rule in making our adequacy 
determination. Please note that an adequacy review is separate from the 
EPA's completeness review and should not be used to prejudge the EPA's 
ultimate action on the SIP. Even if we find a budget adequate, the SIP 
could later be disapproved.
    Pursuant to 40 CFR 93.104(e), within 2 years of the effective date 
of this document, NYMTC and the U.S. Department of Transportation will 
need to demonstrate conformity to the new budgets. For demonstrating 
conformity to the budgets in this plan, the on-road motor vehicle 
emissions from implementation of the long-range transportation plan 
should be projected consistently with the budgets in this plan.

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

    Dated: April 30, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-12303 Filed 6-7-18; 8:45 am]
 BILLING CODE 6560-50-P