Air Quality Redesignation for the 8-Hour Ozone National Ambient Air Quality Standards; New York State, 39215-39217 [05-13344]
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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules
(3) Chapter 61 disability retirees
retiring with less than 20 years of
service. Veterans who receive disability
retired pay under 10 U.S.C. Chapter 61
with less than 20 years of creditable
service are not eligible for concurrent
receipt.
(4) Improved Pension. A veteran may
receive improved pension and military
retired pay at the same time without
having to waive military retired pay.
However, in determining entitlement to
improved pension, VA will treat
military retired pay in the same manner
as countable income from other sources.
(c) Waiver—(1) When a waiver is
necessary. (i) A waiver of military
retired pay is necessary in order to
receive disability compensation when a
veteran is eligible for both military
retired pay and disability compensation
but does not have a qualifying serviceconnected disability or disabilities rated
at 50 percent or more.
(ii) All veterans who are eligible to
receive both military retired pay and
disability compensation, except those
receiving compensation for a disability
rated 100 percent, must file a waiver in
order to receive the maximum allowable
amount of disability compensation
during the phase-in period. The phasein period ends on December 31, 2013.
After December 31, 2013, veterans
retired under 10 U.S.C. chapter 61 who
are eligible for concurrent receipt must
still file a waiver under the
circumstances described in paragraph
(b)(2) of this section.
(Authority: 10 U.S.C. 1414, 38 U.S.C. 5304,
5305)
(2) How to file a waiver of military
retired pay. A veteran may request a
waiver of military retired pay in any
written, signed statement, including a
VA form, which reflects a desire to
waive all or some military retired pay.
The statement must be submitted to VA
or to the Federal agency that pays the
veteran’s military retired pay. VA will
treat as a waiver an application for VA
compensation filed by a veteran who is
entitled to military retired pay.
(d) Elections and the right to reelect
either benefit. (1) A veteran who has
filed a waiver of military retired pay
under this section has elected to receive
disability compensation. A veteran may
reelect between benefits covered by this
section at any time by submitting a
written, signed statement to VA or to the
Federal agency that pays the veteran’s
military retired pay.
(2) An election filed within 1 year
from the date of notification of
Department of Veterans Affairs
entitlement will be considered as
‘‘timely filed’’ for effective date
VerDate jul<14>2003
16:01 Jul 06, 2005
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purposes. See § 3.401(e)(1). If the
veteran is incompetent, the 1-year
period will begin on the date that
notification is sent to the next friend or
fiduciary. In initial determinations,
elections may be applied retroactively if
the claimant was not advised of his or
her right of election and its effect.
(Authority: 38 U.S.C. 5304(a), 5305)
[FR Doc. 05–13396 Filed 7–6–05; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[Region II Docket No. R02–OAR–2005–NY–
0001; FRL–7934–3]
Air Quality Redesignation for the 8Hour Ozone National Ambient Air
Quality Standards; New York State
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: On April 15, 2004, we, the
Environmental Protection Agency (EPA)
announced nationwide designations
under the 8-hour ozone National
Ambient Air Quality Standard
(NAAQS). That action designated
several counties in the Syracuse area as
unclassifiable. The counties in the
Syracuse area included in the
designation were Onondaga, Madison,
Cayuga and Oswego in the State of New
York. This action proposes to
redesignate the above counties to
attainment. We are soliciting comments
on this proposed action.
DATES: Comments must be received on
or before August 8, 2005.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R02–OAR–
2005–NY–0001, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/. RME, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: Werner.Raymond@epa.gov.
4. Mail: Raymond Werner, Chief, Air
Programs Branch, Environmental
Protection Agency Region 2, 290
PO 00000
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39215
Broadway, New York, New York 10007–
1866.
5. Hand Delivery or Courier. Deliver
your comments to: EPA Region 2, Air
Programs Branch, 290 Broadway, New
York, New York 10007–1866.
Instructions: Direct your comments to
RME ID Number R02–OAR–2005–NY–
0001. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub, 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 RME, regulations.gov,
or e-mail. The EPA RME website and
the Federal regulations.gov website are
‘‘anonymous access’’ systems, 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 RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment 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, any form of
encryption, and be free of any defects or
viruses.
Docket. All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., 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 in RME or
in hard copy at the Environmental
Protection Agency, Air Programs
Branch, 290 Broadway, New York, New
York. EPA requests that you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The
interested persons wanting to examine
these documents should make an
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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT:
Robert Kelly at 212 637 4249, or by email at Kelly.Bob@epa.gov.
SUPPLEMENTARY INFORMATION: This
section provides additional information
by addressing the following questions:
What Is the Background for This Action?
What are the statutory requirements for
designations and redesignations and what are
EPA’s regulatory requirements and policy
regarding redesignations?
What new information is available
regarding air quality in the Syracuse
metropolitan area?
What about Syracuse’s air quality in the
future?
What action is EPA taking in regard to the
designation of the Syracuse area?
What Is the Background for This
Action?
On April 15, 2004, the Administrator
of the EPA signed a final rule (69 FR
23858; April 30, 2004) announcing the
designations under the 8-hour ozone
NAAQS. That action designated several
counties in the Syracuse area as
unclassifiable and provided that the
designation was effective on June 15,
2004. The Syracuse area designation
was based on the review of ozone data
from 2001 through 2003. The counties
in the Syracuse area designated as
unclassifiable are Onondaga, Madison,
Cayuga, and Oswego in New York State.
In that action, we stated that we would
review all available information and
make an attainment or nonattainment
decision after reviewing the 2004 ozone
data.
What Are the Statutory Requirements
for Designations and Redesignations
and What Are EPA’s Regulatory
Requirements and Policy Regarding
Redesignations?
Section 107(d) of the Clean Air Act
(CAA) sets forth the criteria and process
for designations and redesignations. An
explanation of statutory requirements
for the 8-hour ozone designations that
became effective on June 15, 2004, and
the actions EPA took to meet those
requirements can be found in the final
rule that established the designations
(69 FR 23858; April 30, 2004). In
Section 107(d)(3), the CAA addresses
redesignations and provides that the
Administrator or the Governor of a state
may initiate the redesignation process.
One of the bases for redesignation under
that section is air quality data.
To determine whether an area is
attaining the 8-hour ozone NAAQS, we
consider the most recent three
consecutive years of data in accordance
with 40 CFR part 50, Appendix I. For
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16:01 Jul 06, 2005
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the purpose of this rulemaking, we
reviewed the ozone data from 2002
through 2004.
What New Information Is Available
Regarding Air Quality in the Syracuse
Metropolitan Area?
On December 14, 2004 the New York
State Department of Environmental
Conservation submitted the quality
assured 8-hour ozone data for 2004, the
most recent ozone season; certified the
ozone data as correct, complete and
appropriate for regulatory use; and
requested that EPA redesignate the
Syracuse area from unclassifiable to
attainment. The counties included in
the redesignation request include
Onondaga, Madison, Cayuga, and
Oswego Counties.
Consistent with 40 CFR part 50,
Appendix I, section 2.3, paragraph
(d)(1), the 8-hour ozone standard is met
if the three year average value of the
annual fourth-highest daily maximum
(the design value) is less than 0.085
parts per million (ppm). For the 2002–
2004 time period, the design values at
monitors in the Syracuse area are 0.079
ppm at East Syracuse and 0.077 ppm at
Camp Georgetown, indicating that the 8hour ozone NAAQS has been attained at
all monitors in the Syracuse
metropolitan area.
What About Syracuse’s Air Quality in
the Future?
The design value at the Syracuse
monitor was less than 0.085 ppm for ten
years before 2003, so it is unlikely to
violate the 8-hour standard in the
future. EPA and the State will continue
to review air quality data for violations
of the 8-hour ozone standard.
What Action Is EPA Taking in Regard
to the Designation of the Syracuse
Area?
Based upon regulatory requirements
in 40 CFR part 50, Appendix I and
including monitoring data from the
most recent ozone season, the monitors
in the Syracuse metropolitan area are in
attainment of the 8-hour ozone
standard. Thus, we are proposing to
redesignate Onondaga, Madison,
Cayuga, and Oswego Counties in New
York as attainment for the 8-hour ozone
standard.
We are soliciting comments on this
proposed action. Final rulemaking will
occur after consideration of any
comments.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
PO 00000
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Fmt 4702
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Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely designates
an area for planning purposes based on
air quality, and does not establish any
new regulations. Accordingly, the
Administrator certifies that this 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.). The
redesignation is an action which affects
the status of a geographic area but does
not impose any new requirements on
governmental entities or sources.
Therefore because it does not impose
any additional enforceable duty, it 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).
The Onondaga and Oneida Tribes are
located within the Syracuse area. The
redesignation of the Syracuse area from
unclassifiable to attainment will not
create any new or burdensome
requirements upon the tribes. Therefore,
this redesignation does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does 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). This action merely
establishes the attainment status, and
does not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This rule also is not subject to Executive
Order 13045 ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks’’ (62 FR 19885, April 23,
1997), because it is not economically
significant.
In reviewing state redesignation
requests, 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),
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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules
EPA has no authority to disapprove a
redesignation request for failure to use
VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews
a state recommendation, to use VCS in
place of a state request 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. 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.).
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National park,
Wilderness area.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 27, 2005.
George Pavlou,
Acting Regional Administrator, EPA Region
2.
[FR Doc. 05–13344 Filed 7–6–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
Comments concerning this Site
must be received by August 8, 2005.
DATES:
[FRL–7933–9]
Environmental Protection
Agency.
ACTION: Notice of intent to delete the
Jones Sanitation Superfund Site from
the National Priorities List.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) Region 2 office is issuing
this notice of intent to delete the Jones
Sanitation Superfund Site (Site), located
in Hyde Park, New York from the
National Priorities List (NPL) and
requests public comment on this action.
The NPL is Appendix B of the National
Oil and Hazardous Substances Pollution
Contingency Plan (NCP), 40 CFR part
300, which EPA promulgated pursuant
to section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended. The
EPA and the State of New York, through
the Department of Environmental
Conservation (NYSDEC), have
determined that potentially responsible
parties have implemented all
appropriate response actions. Moreover,
EPA and NYSDEC have determined that
the Site poses no significant threat to
16:01 Jul 06, 2005
Jkt 205001
Written comments should
be addressed to: Isabel Rodrigues,
Remedial Project Manager, Emergency
and Remedial Response Division, U.S.
Environmental Protection Agency,
Region 2, 290 Broadway, 20th Floor,
New York, New York 10007–1866.
ADDRESSES:
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
VerDate jul<14>2003
public health or the environment. In the
‘‘Rules and Regulations’’ Section of
today’s Federal Register, we are
publishing a direct final notice of
deletion for the Jones Sanitation
Superfund Site without prior notice of
this action because we view this as a
noncontroversial revision and anticipate
no significant adverse comment. We
have explained our reasons for this
action in the preamble to the direct final
deletion. If we receive no significant
adverse comment(s) on this notice of
intent to delete or the direct final notice
of deletion or other notices we may
issue, we will not take further action on
this notice of intent to delete. If we
receive significant adverse comment(s),
we will withdraw the direct final notice
of deletion and it will not take effect.
We will, as appropriate, address all
public comments. If, after evaluating
public comments, EPA decides to
proceed with deletion, we will do so in
a subsequent final deletion notice based
on this notice of intent to delete. Any
parties interested in commenting must
do so at this time. For additional
information, see the direct final notice
of deletion which is located in the Rules
section of this Federal Register.
Ms.
Isabel Rodrigues at the address provided
above, or by telephone at (212) 637–
4248, by Fax at (212) 637–4284 or via
e-mail at Rodrigues.Isabel@EPA.GOV.
FOR FURTHER INFORMATION CONTACT:
For
additional information, see the Direct
Final Notice of Deletion which is
located in the Rules section of this
Federal Register.
SUPPLEMENTARY INFORMATION:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9675; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p. 193.
Dated: June 6, 2005.
George Pavlou,
Acting Regional Administrator, U.S. EPA,
Region II.
[FR Doc. 05–13347 Filed 7–6–05; 8:45 am]
BILLING CODE 6560–50–P
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39217
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MM Docket No. 99–25; FCC 05–75]
Creation of a Low Power Radio Service
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: In this document, the
Commission seeks comment on
ownership and eligibility issues related
to low power FM (LPFM)
authorizations, including: whether
LPFM authorizations should be
transferable and, if so, whether
transferability should be broadly
permitted or limited to special
circumstances; whether to extend the
deadline for submission of a time-share
proposal after a mutually exclusive
group of LPFM applicants is announced;
whether to permit renewal of licenses
granted under involuntary time-sharing,
successive license term procedures;
whether to permanently restrict
ownership of LPFM stations to local
entities; and whether to permanently
prohibit multiple ownership of LPFM
stations. The Commission also seeks
comment on technical issues related to
LPFM authorizations, including:
whether to extend the LPFM
construction period to 36 months;
whether to allow applicants submitting
a time-share proposal to relocate the
transmitter to a central location,
notwithstanding the site relocation
limits for minor amendments; whether
and, if so, under what conditions LPFM
applications should be treated as having
‘‘primary’’ status with respect to priorfiled FM translator applications and
existing FM translator stations; and
whether an LPFM station should be
permitted to continue to operate even
when interference is predicted to occur
within the 70 dBu contour of a
subsequently-authorized second- or
third-adjacent channel full service FM
station.
Comments must be filed on or
before August 8, 2005, and reply
comments must be filed on or before
August 22, 2005. Written comments on
the proposed information collection
requirements contained in the
document must be submitted by the
public, the Office of Management and
Budget (OMB), and other interested
parties on or before September 6, 2005.
ADDRESSES: You may submit comments,
identified by MM Docket No. 99–25, by
any of the following methods:
DATES:
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Agencies
[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Proposed Rules]
[Pages 39215-39217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13344]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[Region II Docket No. R02-OAR-2005-NY-0001; FRL-7934-3]
Air Quality Redesignation for the 8-Hour Ozone National Ambient
Air Quality Standards; New York State
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On April 15, 2004, we, the Environmental Protection Agency
(EPA) announced nationwide designations under the 8-hour ozone National
Ambient Air Quality Standard (NAAQS). That action designated several
counties in the Syracuse area as unclassifiable. The counties in the
Syracuse area included in the designation were Onondaga, Madison,
Cayuga and Oswego in the State of New York. This action proposes to
redesignate the above counties to attainment. We are soliciting
comments on this proposed action.
DATES: Comments must be received on or before August 8, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R02-OAR-2005-NY-0001, by one of the following
methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: Werner.Raymond@epa.gov.
4. Mail: Raymond Werner, Chief, Air Programs Branch, Environmental
Protection Agency Region 2, 290 Broadway, New York, New York 10007-
1866.
5. Hand Delivery or Courier. Deliver your comments to: EPA Region
2, Air Programs Branch, 290 Broadway, New York, New York 10007-1866.
Instructions: Direct your comments to RME ID Number R02-OAR-2005-
NY-0001. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
https://docket.epa.gov/rmepub, 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 RME, regulations.gov,
or e-mail. The EPA RME website and the Federal regulations.gov website
are ``anonymous access'' systems, 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 RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment 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, any form of encryption, and be free of
any defects or viruses.
Docket. All documents in the electronic docket are listed in the
RME index at https://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., 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 in RME
or in hard copy at the Environmental Protection Agency, Air Programs
Branch, 290 Broadway, New York, New York. EPA requests that you contact
the person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The interested persons wanting to examine
these documents should make an
[[Page 39216]]
appointment with the office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Robert Kelly at 212 637 4249, or by e-
mail at Kelly.Bob@epa.gov.
SUPPLEMENTARY INFORMATION: This section provides additional information
by addressing the following questions:
What Is the Background for This Action?
What are the statutory requirements for designations and
redesignations and what are EPA's regulatory requirements and policy
regarding redesignations?
What new information is available regarding air quality in the
Syracuse metropolitan area?
What about Syracuse's air quality in the future?
What action is EPA taking in regard to the designation of the
Syracuse area?
What Is the Background for This Action?
On April 15, 2004, the Administrator of the EPA signed a final rule
(69 FR 23858; April 30, 2004) announcing the designations under the 8-
hour ozone NAAQS. That action designated several counties in the
Syracuse area as unclassifiable and provided that the designation was
effective on June 15, 2004. The Syracuse area designation was based on
the review of ozone data from 2001 through 2003. The counties in the
Syracuse area designated as unclassifiable are Onondaga, Madison,
Cayuga, and Oswego in New York State. In that action, we stated that we
would review all available information and make an attainment or
nonattainment decision after reviewing the 2004 ozone data.
What Are the Statutory Requirements for Designations and Redesignations
and What Are EPA's Regulatory Requirements and Policy Regarding
Redesignations?
Section 107(d) of the Clean Air Act (CAA) sets forth the criteria
and process for designations and redesignations. An explanation of
statutory requirements for the 8-hour ozone designations that became
effective on June 15, 2004, and the actions EPA took to meet those
requirements can be found in the final rule that established the
designations (69 FR 23858; April 30, 2004). In Section 107(d)(3), the
CAA addresses redesignations and provides that the Administrator or the
Governor of a state may initiate the redesignation process. One of the
bases for redesignation under that section is air quality data.
To determine whether an area is attaining the 8-hour ozone NAAQS,
we consider the most recent three consecutive years of data in
accordance with 40 CFR part 50, Appendix I. For the purpose of this
rulemaking, we reviewed the ozone data from 2002 through 2004.
What New Information Is Available Regarding Air Quality in the Syracuse
Metropolitan Area?
On December 14, 2004 the New York State Department of Environmental
Conservation submitted the quality assured 8-hour ozone data for 2004,
the most recent ozone season; certified the ozone data as correct,
complete and appropriate for regulatory use; and requested that EPA
redesignate the Syracuse area from unclassifiable to attainment. The
counties included in the redesignation request include Onondaga,
Madison, Cayuga, and Oswego Counties.
Consistent with 40 CFR part 50, Appendix I, section 2.3, paragraph
(d)(1), the 8-hour ozone standard is met if the three year average
value of the annual fourth-highest daily maximum (the design value) is
less than 0.085 parts per million (ppm). For the 2002-2004 time period,
the design values at monitors in the Syracuse area are 0.079 ppm at
East Syracuse and 0.077 ppm at Camp Georgetown, indicating that the 8-
hour ozone NAAQS has been attained at all monitors in the Syracuse
metropolitan area.
What About Syracuse's Air Quality in the Future?
The design value at the Syracuse monitor was less than 0.085 ppm
for ten years before 2003, so it is unlikely to violate the 8-hour
standard in the future. EPA and the State will continue to review air
quality data for violations of the 8-hour ozone standard.
What Action Is EPA Taking in Regard to the Designation of the Syracuse
Area?
Based upon regulatory requirements in 40 CFR part 50, Appendix I
and including monitoring data from the most recent ozone season, the
monitors in the Syracuse metropolitan area are in attainment of the 8-
hour ozone standard. Thus, we are proposing to redesignate Onondaga,
Madison, Cayuga, and Oswego Counties in New York as attainment for the
8-hour ozone standard.
We are soliciting comments on this proposed action. Final
rulemaking will occur after consideration of any comments.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely designates an area for planning purposes based on air quality,
and does not establish any new regulations. Accordingly, the
Administrator certifies that this 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.). The redesignation is
an action which affects the status of a geographic area but does not
impose any new requirements on governmental entities or sources.
Therefore because it does not impose any additional enforceable duty,
it 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).
The Onondaga and Oneida Tribes are located within the Syracuse
area. The redesignation of the Syracuse area from unclassifiable to
attainment will not create any new or burdensome requirements upon the
tribes. Therefore, this redesignation does not have tribal implications
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also
does not have Federalism implications because it does 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). This
action merely establishes the attainment status, and does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. This rule also is not subject to Executive
Order 13045 ``Protection of Children from Environmental Health Risks
and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not
economically significant.
In reviewing state redesignation requests, 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),
[[Page 39217]]
EPA has no authority to disapprove a redesignation request for failure
to use VCS. It would thus be inconsistent with applicable law for EPA,
when it reviews a state recommendation, to use VCS in place of a state
request 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. 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.).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National park,
Wilderness area.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 27, 2005.
George Pavlou,
Acting Regional Administrator, EPA Region 2.
[FR Doc. 05-13344 Filed 7-6-05; 8:45 am]
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