Draft Conformity Determination for the Proposed East River Waterfront Esplanade and Piers Project, City of New York, New York County, NY, 41342-41344 [E7-14579]
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Federal Register / Vol. 72, No. 144 / Friday, July 27, 2007 / Notices
and Border Protection, 1300
Pennsylvania Avenue, NW., Room
3.2.C, Washington, DC 20229, at 202–
344–1429.
Dated: July 19, 2007.
Tracey Denning,
Agency Clearance Officer, Information
Services Branch.
[FR Doc. E7–14494 Filed 7–26–07; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[Docket No. USCBP–2007–0070]
Notice of Meeting of The Departmental
Advisory Committee on Commercial
Operations of Customs and Border
Protection and Related Homeland
Security Functions (COAC)
U.S. Customs and Border
Protection, Department of Homeland
Security (DHS).
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
SUMMARY: The Departmental Advisory
Committee on Commercial Operations
of U.S. Customs and Border Protection
and Related Homeland Security
Functions (popularly known as
‘‘COACH’’) will meet on August 16,
2007 in Washington, DC. The meeting
will be open to the public.
DATE: COAC will meet Thursday,
August 16th from 9 a.m. to 1 p.m. Please
note that the meeting may close early if
the committee has completed it
business.
The meeting will be held at
the Ronald Reagan Building in the
Rotunda Ballroom, 1300 Pennsylvania
Avenue, NW., Washington, DC 20004.
Written material and comments should
reach the contact person listed below by
August 6th. Requests to have a copy of
your material distributed to each
member of the committee prior to the
meeting should reach the contact person
at the address below by August 9, 2007.
Comments must be identified by
USCBP–2007–0070 and may be
submitted by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: traderelations@dhs.gov.
Include the docket number in the
subject line of the message.
• Fax: 202–344–2064.
• Mail: Ms. Wanda Tate, Office of
International Affairs and Trade
Relations, U.S. Customs and Border
jlentini on PROD1PC65 with NOTICES
ADDRESSES:
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16:53 Jul 26, 2007
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Protection, Department of Homeland
Security, Room 8.5C, Washington, DC
20229.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Comments
received will be posted without
alteration at www.regulations.gov.
including any personal information
provided.
Docket: For access to the docket to
read background documents or
comments received by the COAC, go to
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Wanda Tate, Office of International
Affairs and Trade Relations, U.S.
Customs and Border Protection,
Department of Homeland Security, 1300
Pennsylvania Ave., NW., Room 8.5C,
Washington, DC 20229;
traderelations@dhs.gov; telephone 202–
344–1440; facsimile 202–344–2064.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act
(5 U.S.C., app.), DHS hereby announces
the meeting of the Departmental
Advisory Committee on Commercial
Operations of U.S. Customs and Border
Protection and Related Homeland
Security Functions (COAC). COAC is
tasked with providing advice to the
Secretary of Homeland Security, the
Secretary of the Treasury, and the
Commissioner of U.S. Customs and
Border Protection (CBP) on matters
pertaining to the commercial operations
of CBP and related functions within
DHS or the Department of the Treasury.
The third meeting of the tenth term of
COAC will be held at the date, time and
location specified above. A tentative
agenda for the meeting is set forth
below.
Tentative Agenda
1. International Container Security
Standards.
2. Post-Incident Business Resumption.
3. Advance Data Elements.
4. Secure Freight Initiative/Supply
Chain Security.
5. Office of International Trade.
6. Intellectual Property Rights.
7. ACE Program.
Procedural
This meeting is open to the public.
Please note that the meeting may close
early if all business is finished.
Participation in COAC deliberations is
limited to committee members,
Department of Homeland Security
officials, and persons invited to attend
the meeting for special presentations.
All visitors to the Ronald Reagan
Building will have to go through a
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security checkpoint to be admitted to
the building. Since seating is limited, all
persons attending this meeting should
provide notice, preferably by close of
business Monday, August 13, 2007, to
Ms. Wanda Tate, Office of Trade
Relations, U.S. Customs and Border
Protection, Department of Homeland
Security, Washington, DC 20229,
telephone 202–344–1440; facsimile
202–344–2064.
Information on Services for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
meeting, contact Ms. Wanda Tate as
soon as possible.
Dated: July 23, 2007.
Michael C. Mullen,
Assistant Commissioner, Office of
International Affairs and Trade Relations,
U.S. Customs and Border Protection.
[FR Doc. E7–14495 Filed 7–26–07; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5162–01]
Draft Conformity Determination for the
Proposed East River Waterfront
Esplanade and Piers Project, City of
New York, New York County, NY
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice of availability.
AGENCY:
SUMMARY: In accordance with the federal
Clean Air Act General Conformity rule,
the Lower Manhattan Development
Corporation (LMDC) has prepared a
draft general conformity determination
(Draft Conformity Determination) for the
proposed East River Waterfront
Esplanade and Piers Project (Proposed
Action), which has been made available
for public review. LMDC is a subsidiary
of the Empire State Development
Corporation (a political subdivision and
public benefit corporation of the State of
New York) and is responsible for
conducting reviews of projects receiving
HUD funds in accordance HUD
regulations and federal law. The
Proposed Action would improve a two
mile portion of the East River waterfront
in Manhattan and create a City-owned
public open space. The area of the
Proposed Action would generally
encompass the waterfront, the upland
area adjacent to and under the elevated
Franklin Delano Roosevelt Drive and
South Street extending from the
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Federal Register / Vol. 72, No. 144 / Friday, July 27, 2007 / Notices
Whitehall Ferry Terminal and Peter
Minuit Plaza on the South to East River
Park on the North, as well as Pier 15, the
New Market Building pier, Pier 35, Pier
36, and Pier 42. The Proposed Action is
fully described in the Final
Environmental Impact Statement for the
East River Waterfront Esplanade and
Piers Project (FEIS).
DATES: Comments Due Date: August 27,
2007.
ADDRESSES: The Draft Conformity
Determination is available for review at
the Lower Manhattan Development
Corporation, One Liberty Plaza, 20th
Floor, New York, NY 10006.
The Draft Conformity Determination
is also available on the LMDC Web site
at https://www.renewnyc.com in the
‘‘Planning, Design & Development’’
section.
All comments must be in writing and
received by LMDC within 30 days after
publication of this notice or they will
not be considered. Written comments
should be sent to the Lower Manhattan
Development Corporation, Attention:
Christina Hynes, East River Waterfront
Esplanade and Piers Project, One
Liberty Plaza, 20th Floor, New York, NY
10006. LMDC published a notice of this
Draft Conformity Determination in a
daily newspaper of general circulation
on June 2, 2007 and provided 30 days
for public comment. LMDC also
provided all relevant agencies with this
Draft Conformity Determination as
required by 40 CFR 93.153(h)(2).
FOR FURTHER INFORMATION CONTACT:
Christina Hynes, Lower Manhattan
Development Corporation, One Liberty
Plaza, 20th Floor, New York, NY 10006;
Telephone: (212) 962–2300; Fax: (212)
962–2431.
jlentini on PROD1PC65 with NOTICES
SUPPLEMENTARY INFORMATION
A. Description of Proposed Action
The Proposed Action is located in
Manhattan, New York County, which
has been designated by the United
States Environmental Protection Agency
(EPA) as a moderate non-attainment
area for particulate matter less than 10
micrometers in aerodynamic diameter
(PM10), a non-attainment area for
particulate matter less than 2.5
micrometers in aerodynamic diameter
(PM2.5), and a moderate non-attainment
area for the 8-hour ozone standard. New
York County was previously designated
by the EPA as a severe non-attainment
area for the 1-hour ozone standard. The
area is in attainment for all other criteria
pollutants: Nitrogen dioxide (NO2), lead,
sulfur dioxide (SO2), and carbon
monoxide (CO). LMDC’s review has
been conducted consistent with the
requirements of 40 CFR Part 93, Subpart
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16:53 Jul 26, 2007
Jkt 211001
B: ‘‘Determining Conformity of Federal
Actions to State or Federal
Implementation Plans’’ issued on
November 30, 1993 (as amended on July
17, 2006 to address PM2.5 emissions).
LMDC has determined that, during the
peak construction year of 2008,
potential emissions for all the criteria
pollutants would be below the de
minimis thresholds established under
federal regulations at 40 CFR 93.153(b)
which are currently applicable in New
York County. Nonetheless, the
construction emissions could exceed the
25 tons per year (tpy) annual nitrogen
oxides (NOX) threshold for severe ozone
non-attainment areas, which was
applicable to New York County under
the previous 1-hour ozone standard
designation, and which threshold is
currently an issue subject to litigation in
federal court. Accordingly, LMDC has
prepared its Draft Conformity
Determination to demonstrate that the
federally-funded portion of the
Proposed Action would conform with
the 1-hour ozone State Implementation
Plan (SIP). Pursuant to the requirements
of 40 CFR 93.153(h)(1), this notice lists
the proposed activities that are
presumed to conform to the New York
ozone SIP and the basis for this
presumption.
B. Background
The Clean Air Act (CAA), as amended
in 1990, defines a non-attainment area
(NAA) as a geographic region that has
been designated as not meeting one or
more of the National Ambient Air
Quality Standards (NAAQS). The
Proposed Action is located in New York
County, which has been designated by
the EPA as a moderate NAAQS NAA for
PM10, a NAA for PM2.5, and a moderate
NAA for ozone. The area is in
attainment for all other criteria
pollutants: Nitrogen dioxide (NO2), lead,
sulfur dioxide (SO2), and carbon
monoxide (CO). EPA had re-designated
New York City as in attainment for CO
on April 19, 2002 (67 FR 19337); the
CAA requires that a maintenance plan
ensure continued compliance with the
CO NAAQS for former NAAs.
A State Implementation Plan (SIP) is
a state’s plan on how it will meet the
NAAQS under the deadlines established
by the CAA. In November 1998, New
York State submitted its Phase II
Alternative Attainment Demonstration
for Ozone, which addressed attainment
of the 1-hour ozone NAAQS by 2007
(New York submitted subsequent filings
to EPA in subsequent years). On
February 4, 2002, EPA approved New
York’s 1-hour ozone SIP (67 FR 5170).
The general conformity requirements
in 40 CFR Part 93, Subpart B, apply to
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41343
those federal actions that are located in
a non-attainment or maintenance area,
and that are not subject to transportation
conformity requirements at 40 CFR Part
51, Subpart T, or Part 93, Subpart A,
where the action’s direct and indirect
emissions have the potential to emit one
or more of the criteria pollutants or
precursors, in the case of ozone and
PM2.5, at emission rates equal to or
exceeding the prescribed rates at 40 CFR
93.153(b), or where the action
encompasses 10 percent or more of a
NAA or maintenance area’s total
emissions inventory for that pollutant.
In the case of New York County, the
prescribed annual rates are 50 tons of
VOCs and 100 tons of NOX (ozone
precursors in moderate 8-hour ozone
NAA and PM2.5 precursors in PM2.5
NAA), 100 tons of CO (CO maintenance
area), 100 tons of PM10 (moderate PM10
NAA), 100 tons of PM2.5 (PM2.5 NAA),
and 100 tons of SO2 (PM2.5 precursor in
PM2.5 NAA).
LMDC has determined that the total
annual direct and indirect emissions of
all such criteria pollutants from the
Proposed Action are less than the de
minimis rates prescribed in 40 CFR
93.153(b), as currently in effect, that
would trigger the requirement to
conduct a general conformity
determination. Therefore, a general
conformity determination is not
necessarily required by current federal
regulations. Nonetheless, temporarily,
during construction, annual NOX
emissions are predicted to exceed the
threshold of 25 tons per year that would
apply to a severe ozone non-attainment
area under the former 1-hour ozone
NAAQS. Accordingly, LMDC has
prepared a Draft Conformity
Determination to demonstrate the
Proposed Action’s conformity with the
ozone SIP.
C. Requirements of the Conformity
Determination
The purpose of the conformity
analysis is to establish that the Proposed
Action would conform to the New York
ozone SIP, thereby demonstrating that
total direct and indirect emissions of the
ozone precursors, in this case NOX, from
the project, would not:
• Cause or contribute to any new
violation of any standard in the area;
• interfere with provisions in the
applicable SIP for maintenance of any
standard;
• increase the frequency or severity of
any existing violation of any standard in
any area; or
• delay timely attainment of any
standard or any required interim
emission reductions or other milestones
in the SIP for purposes of—
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Federal Register / Vol. 72, No. 144 / Friday, July 27, 2007 / Notices
1. A demonstration of reasonable
further progress (RFP),
2. A demonstration of attainment, or
3. A maintenance plan.
For the purposes of a general
conformity determination, direct and
indirect emissions are defined as
follows (40 CFR 93.152):
• Direct Emissions: Those emissions
of a criteria pollutant or its precursors
that are caused or initiated by the
Federal action and occur at the same
time and place as the action;
• Indirect Emissions: Those emissions
of a criteria pollutant or its precursors
that—
1. Are caused by the Federal action,
but may occur later in time and/or may
be further removed in distance from the
action itself but are still reasonably
foreseeable; and
2. The Federal agency can practicably
control and will maintain control over
due to a continuing program
responsibility of the Federal agency.
LMDC has determined that the
predicted emissions due to the Proposed
Action during construction that should
be subject to its general conformity
review would include direct emissions
from (1) Non-road engines operating onsite during construction and (2) marine
vessels carrying materials to and from
the site and conducting other work
along the waterfront, and (3) emissions
from construction-related vehicles
traveling to and from the site.
jlentini on PROD1PC65 with NOTICES
D. Presumption of Conformity
The Proposed Action would be
located in an area previously designated
as a severe ozone non-attainment area
under the 1-hour ozone NAAQS. The
NOX emissions during two years of
construction were predicted to
potentially exceed the prescribed level
for severe ozone non-attainment areas
(25 tons per year). Therefore, LMDC has
determined the following:
• The methods for estimating direct
and indirect emissions from the
Proposed Action meet the requirements
of 40 CFR 93.159.
• The Proposed Action was predicted
to result in the emission of up to 70.5
tons and 31.2 tons of NOX per year in
2008 and 2009, respectively.
• All construction-related NOX
emissions, including those from the
Proposed Action, are included in the
emissions budget specified in the New
York State Implementation Plan for
Ozone—Phase II Alternative Attainment
Demonstration.
• The Proposed Action does not
cause or contribute to any new
violation, or increase the frequency or
severity of any existing violation, of the
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16:53 Jul 26, 2007
Jkt 211001
standards for the pollutants addressed
in 40 CFR 93.158.
• The Proposed Action does not
violate any requirements or milestones
in the ozone SIP.
• Based on these determinations, the
Proposed Action is presumed to
conform to the ozone SIP for the project
area. The activities that are presumed to
conform include all construction-related
activities that will receive federal
funding for the East River Waterfront
Esplanade and Piers Project.
Questions may be directed to the
individual named above under the
heading FOR FURTHER INFORMATION
CONTACT.
Dated: July 20, 2007.
´
Nelson R. Bregon,
General Deputy Assistant Secretary for
Community Planning and Development.
[FR Doc. E7–14579 Filed 7–26–07; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5125–N–30]
Federal Property Suitable as Facilities
To Assist the Homeless
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
SUMMARY: This Notice identifies
unutilized, underutilized, excess, and
surplus Federal property reviewed by
HUD for suitability for possible use to
assist the homeless.
FOR FURTHER INFORMATION CONTACT:
Kathy Ezzell, Room 7266, Department of
Housing and Urban Development, 451
Seventh Street, SW., Washington, DC
20410; telephone (202) 708–1234; TTY
number for the hearing- and speechimpaired (202) 708–2565 (these
telephone numbers are not toll-free), or
call the toll-free Title V information line
at 1–800–927–7588.
SUPPLEMENTARY INFORMATION: In
accordance with 24 CFR part 581 and
section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C.
11411), as amended, HUD is publishing
this Notice to identify Federal buildings
and other real property that HUD has
reviewed for suitability for use to assist
the homeless. The properties were
reviewed using information provided to
HUD by Federal landholding agencies
regarding unutilized and underutilized
buildings and real property controlled
by such agencies or by GSA regarding
its inventory of excess or surplus
Federal property. This Notice is also
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published in order to comply with the
December 12, 1988 Court Order in
National Coalition for the Homeless v.
Veterans Administration, No. 88–2503–
OG (D.D.C.).
Properties reviewed are listed in this
Notice according to the following
categories: Suitable/available, suitable/
unavailable, suitable/to be excess, and
unsuitable. The properties listed in the
three suitable categories have been
reviewed by the landholding agencies,
and each agency has transmitted to
HUD: (1) Its intention to make the
property available for use to assist the
homeless, (2) its intention to declare the
property excess to the agency’s needs, or
(3) a statement of the reasons that the
property cannot be declared excess or
made available for use as facilities to
assist the homeless.
Properties listed as suitable/available
will be available exclusively for
homeless use for a period of 60 days
from the date of this Notice. Where
property is described as for ‘‘off-site use
only’’ recipients of the property will be
required to relocate the building to their
own site at their own expense.
Homeless assistance providers
interested in any such property should
send a written expression of interest to
HHS, addressed to John Hicks, Division
of Property Management, Program
Support Center, HHS, room 5B–17, 5600
Fishers Lane, Rockville, MD 20857;
(301) 443–2265. (This is not a toll-free
number.) HHS will mail to the
interested provider an application
packet, which will include instructions
for completing the application. In order
to maximize the opportunity to utilize a
suitable property, providers should
submit their written expressions of
interest as soon as possible. For
complete details concerning the
processing of applications, the reader is
encouraged to refer to the interim rule
governing this program, 24 CFR part
581.
For properties listed as suitable/to be
excess, that property may, if
subsequently accepted as excess by
GSA, be made available for use by the
homeless in accordance with applicable
law, subject to screening for other
Federal use. At the appropriate time,
HUD will publish the property in a
Notice showing it as either suitable/
available or suitable/unavailable.
For properties listed as suitable/
unavailable, the landholding agency has
decided that the property cannot be
declared excess or made available for
use to assist the homeless, and the
property will not be available.
Properties listed as unsuitable will
not be made available for any other
purpose for 20 days from the date of this
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]]>Agencies
[Federal Register Volume 72, Number 144 (Friday, July 27, 2007)]
[Notices]
[Pages 41342-41344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14579]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5162-01]
Draft Conformity Determination for the Proposed East River
Waterfront Esplanade and Piers Project, City of New York, New York
County, NY
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: In accordance with the federal Clean Air Act General
Conformity rule, the Lower Manhattan Development Corporation (LMDC) has
prepared a draft general conformity determination (Draft Conformity
Determination) for the proposed East River Waterfront Esplanade and
Piers Project (Proposed Action), which has been made available for
public review. LMDC is a subsidiary of the Empire State Development
Corporation (a political subdivision and public benefit corporation of
the State of New York) and is responsible for conducting reviews of
projects receiving HUD funds in accordance HUD regulations and federal
law. The Proposed Action would improve a two mile portion of the East
River waterfront in Manhattan and create a City-owned public open
space. The area of the Proposed Action would generally encompass the
waterfront, the upland area adjacent to and under the elevated Franklin
Delano Roosevelt Drive and South Street extending from the
[[Page 41343]]
Whitehall Ferry Terminal and Peter Minuit Plaza on the South to East
River Park on the North, as well as Pier 15, the New Market Building
pier, Pier 35, Pier 36, and Pier 42. The Proposed Action is fully
described in the Final Environmental Impact Statement for the East
River Waterfront Esplanade and Piers Project (FEIS).
DATES: Comments Due Date: August 27, 2007.
ADDRESSES: The Draft Conformity Determination is available for review
at the Lower Manhattan Development Corporation, One Liberty Plaza, 20th
Floor, New York, NY 10006.
The Draft Conformity Determination is also available on the LMDC
Web site at https://www.renewnyc.com in the ``Planning, Design &
Development'' section.
All comments must be in writing and received by LMDC within 30 days
after publication of this notice or they will not be considered.
Written comments should be sent to the Lower Manhattan Development
Corporation, Attention: Christina Hynes, East River Waterfront
Esplanade and Piers Project, One Liberty Plaza, 20th Floor, New York,
NY 10006. LMDC published a notice of this Draft Conformity
Determination in a daily newspaper of general circulation on June 2,
2007 and provided 30 days for public comment. LMDC also provided all
relevant agencies with this Draft Conformity Determination as required
by 40 CFR 93.153(h)(2).
FOR FURTHER INFORMATION CONTACT: Christina Hynes, Lower Manhattan
Development Corporation, One Liberty Plaza, 20th Floor, New York, NY
10006; Telephone: (212) 962-2300; Fax: (212) 962-2431.
SUPPLEMENTARY INFORMATION
A. Description of Proposed Action
The Proposed Action is located in Manhattan, New York County, which
has been designated by the United States Environmental Protection
Agency (EPA) as a moderate non-attainment area for particulate matter
less than 10 micrometers in aerodynamic diameter (PM10), a
non-attainment area for particulate matter less than 2.5 micrometers in
aerodynamic diameter (PM2.5), and a moderate non-attainment
area for the 8-hour ozone standard. New York County was previously
designated by the EPA as a severe non-attainment area for the 1-hour
ozone standard. The area is in attainment for all other criteria
pollutants: Nitrogen dioxide (NO2), lead, sulfur dioxide
(SO2), and carbon monoxide (CO). LMDC's review has been
conducted consistent with the requirements of 40 CFR Part 93, Subpart
B: ``Determining Conformity of Federal Actions to State or Federal
Implementation Plans'' issued on November 30, 1993 (as amended on July
17, 2006 to address PM2.5 emissions). LMDC has determined
that, during the peak construction year of 2008, potential emissions
for all the criteria pollutants would be below the de minimis
thresholds established under federal regulations at 40 CFR 93.153(b)
which are currently applicable in New York County. Nonetheless, the
construction emissions could exceed the 25 tons per year (tpy) annual
nitrogen oxides (NOX) threshold for severe ozone non-
attainment areas, which was applicable to New York County under the
previous 1-hour ozone standard designation, and which threshold is
currently an issue subject to litigation in federal court. Accordingly,
LMDC has prepared its Draft Conformity Determination to demonstrate
that the federally-funded portion of the Proposed Action would conform
with the 1-hour ozone State Implementation Plan (SIP). Pursuant to the
requirements of 40 CFR 93.153(h)(1), this notice lists the proposed
activities that are presumed to conform to the New York ozone SIP and
the basis for this presumption.
B. Background
The Clean Air Act (CAA), as amended in 1990, defines a non-
attainment area (NAA) as a geographic region that has been designated
as not meeting one or more of the National Ambient Air Quality
Standards (NAAQS). The Proposed Action is located in New York County,
which has been designated by the EPA as a moderate NAAQS NAA for
PM10, a NAA for PM2.5, and a moderate NAA for
ozone. The area is in attainment for all other criteria pollutants:
Nitrogen dioxide (NO2), lead, sulfur dioxide
(SO2), and carbon monoxide (CO). EPA had re-designated New
York City as in attainment for CO on April 19, 2002 (67 FR 19337); the
CAA requires that a maintenance plan ensure continued compliance with
the CO NAAQS for former NAAs.
A State Implementation Plan (SIP) is a state's plan on how it will
meet the NAAQS under the deadlines established by the CAA. In November
1998, New York State submitted its Phase II Alternative Attainment
Demonstration for Ozone, which addressed attainment of the 1-hour ozone
NAAQS by 2007 (New York submitted subsequent filings to EPA in
subsequent years). On February 4, 2002, EPA approved New York's 1-hour
ozone SIP (67 FR 5170).
The general conformity requirements in 40 CFR Part 93, Subpart B,
apply to those federal actions that are located in a non-attainment or
maintenance area, and that are not subject to transportation conformity
requirements at 40 CFR Part 51, Subpart T, or Part 93, Subpart A, where
the action's direct and indirect emissions have the potential to emit
one or more of the criteria pollutants or precursors, in the case of
ozone and PM2.5, at emission rates equal to or exceeding the
prescribed rates at 40 CFR 93.153(b), or where the action encompasses
10 percent or more of a NAA or maintenance area's total emissions
inventory for that pollutant. In the case of New York County, the
prescribed annual rates are 50 tons of VOCs and 100 tons of
NOX (ozone precursors in moderate 8-hour ozone NAA and
PM2.5 precursors in PM2.5 NAA), 100 tons of CO
(CO maintenance area), 100 tons of PM10 (moderate
PM10 NAA), 100 tons of PM2.5 (PM2.5
NAA), and 100 tons of SO2 (PM2.5 precursor in
PM2.5 NAA).
LMDC has determined that the total annual direct and indirect
emissions of all such criteria pollutants from the Proposed Action are
less than the de minimis rates prescribed in 40 CFR 93.153(b), as
currently in effect, that would trigger the requirement to conduct a
general conformity determination. Therefore, a general conformity
determination is not necessarily required by current federal
regulations. Nonetheless, temporarily, during construction, annual
NOX emissions are predicted to exceed the threshold of 25
tons per year that would apply to a severe ozone non-attainment area
under the former 1-hour ozone NAAQS. Accordingly, LMDC has prepared a
Draft Conformity Determination to demonstrate the Proposed Action's
conformity with the ozone SIP.
C. Requirements of the Conformity Determination
The purpose of the conformity analysis is to establish that the
Proposed Action would conform to the New York ozone SIP, thereby
demonstrating that total direct and indirect emissions of the ozone
precursors, in this case NOX, from the project, would not:
Cause or contribute to any new violation of any standard
in the area;
interfere with provisions in the applicable SIP for
maintenance of any standard;
increase the frequency or severity of any existing
violation of any standard in any area; or
delay timely attainment of any standard or any required
interim emission reductions or other milestones in the SIP for purposes
of--
[[Page 41344]]
1. A demonstration of reasonable further progress (RFP),
2. A demonstration of attainment, or
3. A maintenance plan.
For the purposes of a general conformity determination, direct and
indirect emissions are defined as follows (40 CFR 93.152):
Direct Emissions: Those emissions of a criteria pollutant
or its precursors that are caused or initiated by the Federal action
and occur at the same time and place as the action;
Indirect Emissions: Those emissions of a criteria
pollutant or its precursors that--
1. Are caused by the Federal action, but may occur later in time
and/or may be further removed in distance from the action itself but
are still reasonably foreseeable; and
2. The Federal agency can practicably control and will maintain
control over due to a continuing program responsibility of the Federal
agency.
LMDC has determined that the predicted emissions due to the
Proposed Action during construction that should be subject to its
general conformity review would include direct emissions from (1) Non-
road engines operating on-site during construction and (2) marine
vessels carrying materials to and from the site and conducting other
work along the waterfront, and (3) emissions from construction-related
vehicles traveling to and from the site.
D. Presumption of Conformity
The Proposed Action would be located in an area previously
designated as a severe ozone non-attainment area under the 1-hour ozone
NAAQS. The NOX emissions during two years of construction
were predicted to potentially exceed the prescribed level for severe
ozone non-attainment areas (25 tons per year). Therefore, LMDC has
determined the following:
The methods for estimating direct and indirect emissions
from the Proposed Action meet the requirements of 40 CFR 93.159.
The Proposed Action was predicted to result in the
emission of up to 70.5 tons and 31.2 tons of NOX per year in
2008 and 2009, respectively.
All construction-related NOX emissions,
including those from the Proposed Action, are included in the emissions
budget specified in the New York State Implementation Plan for Ozone--
Phase II Alternative Attainment Demonstration.
The Proposed Action does not cause or contribute to any
new violation, or increase the frequency or severity of any existing
violation, of the standards for the pollutants addressed in 40 CFR
93.158.
The Proposed Action does not violate any requirements or
milestones in the ozone SIP.
Based on these determinations, the Proposed Action is
presumed to conform to the ozone SIP for the project area. The
activities that are presumed to conform include all construction-
related activities that will receive federal funding for the East River
Waterfront Esplanade and Piers Project.
Questions may be directed to the individual named above under the
heading FOR FURTHER INFORMATION CONTACT.
Dated: July 20, 2007.
Nelson R. Breg[oacute]n,
General Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. E7-14579 Filed 7-26-07; 8:45 am]
BILLING CODE 4210-67-P
