[Federal Register Volume 67, Number 76 (Friday, April 19, 2002)]
[Rules and Regulations]
[Pages 19337-19339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9493]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[Region II Docket No. NY56-240; FRL-7172-6]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of New York
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On November 23, 1999, the New York State Department of
Environmental Conservation (NYSDEC) submitted a request to EPA to
redesignate the New York portion of the New York--Northern New Jersey--
Long Island Carbon Monoxide (CO) nonattainment area from nonattainment
to attainment of the National Ambient Quality Standard (NAAQS) for CO.
By this action, EPA is approving the NYSDEC's request to redesignate
the New York portion of the New York--Northern New Jersey--Long Island
CO nonattainment area to attainment of the NAAQS for CO.
EPA is approving the New York request because it meets the
redesignation requirements set forth in the Clean Air Act (CAA). In
addition, EPA is approving New York's CO maintenance plan because it
provides for continued attainment of the CO NAAQS.
EPA is also approving the New York CO attainment demonstration that
was submitted by NYSDEC on November 15, 1992. This action provides for
full approval of the New York State Implementation Plan (SIP) for CO.
The intended effect of this action is to approve a plan that
demonstrates that the CO standard has been attained and will continue
to be attained.
In a related matter, EPA is approving New York's March 22, 2000
submittal of the Downtown Brooklyn Master Plan component of the CO
attainment demonstration. This removes several transportation control
measures from the SIP that have been demonstrated as no longer
necessary to attain and maintain the NAAQS for CO.
Finally, EPA is using today's action as an opportunity to establish
a Carbon Monoxide section in the Code of Federal Regulations (CFR)
Subpart for the New York SIP. This is an administrative change designed
to make the CFR more clear to the reader.
EFFECTIVE DATE: This action will be effective May 20, 2002.
ADDRESSES: Copies of the State submittals are available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs
Branch, 290 Broadway, 20th Floor, New York, New York 10007-1866 New
York Department of Environmental Conservation, Division of Air
Resources, 50 Wolf Road, Albany, New York 12233
FOR FURTHER INFORMATION CONTACT: Henry Feingersh, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, New York, New York
10007-1866, (212) 637-4249
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Background
2. Public Comments
3. New Code of Federal Regulations (CFR) Section
4. Conclusion
5. Administrative Requirements
1. Background
The New York portion of the New York--Northern New Jersey--Long
Island CO nonattainment area is classified as a moderate 2 area (an
area that has a design value of 12.8--16.4 parts per million (ppm)).
This area, which is part of the New York--Northern New Jersey--Long
Island Consolidated Metropolitan Statistical Area (CMSA), includes the
Counties of Bronx, Kings, New York, Queens, Richmond, Nassau, and
Westchester. The remainder of New York State is in attainment for CO.
This area was designated nonattainment for CO under the provisions
of sections 186 and 187 of the CAA. The area was classified moderate 2
because it had a design value of 13.5 ppm based on 1988 and 1989 data.
(See 56 FR 56694 (November 6, 1991) and 57 FR 56762 (November 30,
1992), codified at 40 CFR part 81, Sec. 81.333.) This design value was
based on ambient CO data recorded in Kings County, New York.
On September 21, 1990, New York submitted a revision to the New
York SIP to attain the CO air quality standard in the Brooklyn portion
of the New York City metropolitan area (Downtown Brooklyn Master Plan).
On November 13, 1992, New York submitted to EPA proposed revisions to
its CO SIP that addressed each of the requirements for a moderate CO
nonattainment area. Finally, on March 21, 1994, New York submitted to
EPA additional information pertaining to its CO SIP. On September 15,
1995 (60 FR 47911), EPA proposed approval of these three submittals and
on July 26, 1996 (61 FR 38594) EPA finalized those approvals. EPA did
not act upon New York's CO attainment demonstration in those actions
because it relied on emission reductions from the enhanced inspection
and maintenance program which was not approved at that time.
On November 23, 1999, the State of New York submitted a CO
redesignation request and a maintenance plan for the New York portion
of the New York--Northern New Jersey--Long Island CMSA. This submittal
contained evidence that public hearings were held on September 7, 1999
for the CO redesignation request including a maintenance plan and on
September 9, 1999 for the Downtown Brooklyn Master Plan. The State
submitted the final Downtown Brooklyn Master Plan SIP revision on March
22, 2000.
On May 7, 2001, (66 FR 22922), EPA approved the New York Inspection
and Maintenance program, thereby, removing the last obstacle to
approval of the CO attainment demonstration. With an approvable
attainment demonstration, EPA also could take
[[Page 19338]]
actions on the State's redesignation request. Accordingly, EPA proposed
approval of the State's redesignation request on August 30, 2001 (66 FR
45806). The reader is referred to the proposal for a detailed
discussion of EPA's action. The comment period was originally October
1, 2001 but was later extended to November 15, 2001 because of
disruptions in communications related to the events of September 11,
2001.
2. Public Comments
No adverse comments were received in response to EPA's proposed
action on this New York SIP revision.
3. New Code of Federal Regulations (CFR) Section
EPA is using this action as an opportunity to add a new section to
40 CFR Part 52 entitled ``Control strategy: Carbon Monoxide'' to
clearly identify the State's CO implementation plan and attainment
status. This is an administrative change designed to display this
action as well as previous CFR entries pertaining exclusively to CO in
New York in a more clear and accessible format. Future CFR entries
pertaining to CO in New York State will also be included in this
section.
This section will now include a summary of the September 29, 1993
(58 FR 50851) EPA approval of a CO redesignation request and
maintenance plan for Onondaga County. The details of this approval can
be found in 40 CFR 52.1670(c)(86). In addition, today's rulemaking on
the New York metropolitan area CO SIP will be incorporated into the new
section. Any future actions pertaining specifically to the New York CO
SIP will also be included here.
4. Conclusion
EPA has evaluated New York's submittals for consistency with the
CAA and Agency regulations and policy. EPA is approving New York's 1992
CO attainment demonstration along with the required control measures
because it demonstrates attainment of the CO standard and meets CAA
requirements. EPA is approving New York's CO maintenance plan because
it meets the requirements set forth in section 175A of the CAA. In
addition, the Agency is approving the request for redesignating the New
York portion of the New York--Northern New Jersey--Long Island CO
nonattainment area to attainment, because New York State has
demonstrated compliance with the requirements of section 107(d)(3)(E)
for redesignation. Additionally, EPA is approving the update to the
Downtown Brooklyn Master Plan dated March 22, 2000. Finally, EPA is
establishing a new section of the CFR to present the New York CO SIP.
5. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final action is not a ``significant regulatory action'' and therefore
is not subject to review by the Office of Management and Budget. This
final action merely approves state law as meeting federal requirements
and imposes no additional requirements beyond those imposed by state
law. Accordingly, the Administrator certifies that this final rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule proposes to approve pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4). For the same
reason, this final rule also does not significantly or uniquely affect
the communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This final rule will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely approves a state rule implementing a federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This final rule also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
final rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
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 rule 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. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2). This rule will be
effective May 20, 2002.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 18, 2002. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
[[Page 19339]]
Dated: April 2, 2002.
Jane M. Kenny,
Regional Administrator, Region 2.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
2. Section 52.1682 is added to read as follows:
Sec. 52.1682 Control strategy: Carbon monoxide.
(a) Approval--The November 13, 1992 revision to the carbon monoxide
state implementation plan for Onondaga County. This revision included a
maintenance plan which demonstrated continued attainment of the
National Ambient Air Quality Standard for carbon monoxide through the
year 2003.
(b) Approval--The November 13, 1992 and March 21, 1994 revisions to
the carbon monoxide state implementation plan for the New York portion
of the New York--Northern New Jersey--Long Island Carbon Monoxide
nonattainment area. This included an attainment demonstration and the
control measures needed to attain the National Ambient Air Quality
Standard for carbon monoxide. In addition, the September 21, 1990
Downtown Brooklyn Master Plan and revision dated March 22, 2000 is a
component of the carbon monoxide attainment plan. The November 23,
1999, request to redesignate the New York portion of the New York--
Northern New Jersey--Long Island Carbon Monoxide nonattainment area
from nonattainment to attainment of the National Ambient Air Quality
Standard for carbon monoxide. As part of the redesignation request, the
State submitted a maintenance plan which demonstrated continued
attainment of the National Ambient Air Quality Standard for carbon
monoxide through the year 2012.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
2. In Sec. 81.333, the table for ``New York--Carbon monoxide'' is
amended by revising the entry for ``New York--N. New Jersey--Long
Island Area:'' to read as follows:
Sec. 81.333 New York.
* * * * *
New York--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
New York-N. New Jersey-Long 5/20/02........... Attainment
Island Area:
Bronx County.....................
Kings County.....................
Nassau County....................
New York County..................
Queens County....................
Richmond County..................
Westchester County...............
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 02-9493 Filed 4-18-02; 8:45 am]
BILLING CODE 6560-50-P