Determinations of Attainment of the Eight-Hour Ozone Standard for Various Ozone Nonattainment Areas in Upstate New York State, 8637-8640 [E8-2781]
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Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
ebenthall on PRODPC61 with PROPOSALS
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
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provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(f), of the Instruction, from further
environmental documentation. This rule
fits the category selected from paragraph
(34)(f) as it would establishing a special
anchorage area.
A preliminary ‘‘Environmental
Analysis Check List’’ is available in the
docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make the
final decision on whether the rule
should be categorically excluded from
further environmental review and
documentation.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
Authority: 33 U.S.C. 471; 1221 through
1236, 2030, 2035 and 2071; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
2. Amend § 110.30, by redesignating
paragraph (k) as paragraph (k)(1) and
adding paragraph (k)(2) to read as
follows:
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8637
§ 110.30 Boston Harbor, Mass., and
adjacent waters.
*
*
*
*
*
(k)(2) Weymouth Fore River, in the
vicinity of Gull Point (PT). All of the
waters enclosed by a line beginning at
latitude 42°15′05″ N, longitude
70°57′26″ W; thence to latitude
42°15′00″ N, longitude 70°57′26″ W;
thence to latitude 42°15′15″ N,
longitude 70°56′50″ W; thence to
latitude 42°15′18″ N, longitude
70°56′50″ W; thence to the point of the
beginning. DATUM: NAD 83.
Note to paragraph (k)(2): The area is
principally for use by recreational craft. All
anchoring in the area shall be under the
supervision of the local harbor master or
such other authority as may be designated by
the authorities of the Town of Weymouth,
Massachusetts. All moorings are to be so
placed that no moored vessel will extend
beyond the limit of the anchorage area.
*
*
*
*
*
Dated: January 17, 2008.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. E8–2692 Filed 2–13–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Region 2 Docket No. EPA–R02–OAR–2008–
0078; FRL–8529–9]
Determinations of Attainment of the
Eight-Hour Ozone Standard for Various
Ozone Nonattainment Areas in Upstate
New York State
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The EPA is proposing to
determine that three ozone
nonattainment areas in New York, the
Albany-Schenectady-Troy, Jefferson
County and Rochester areas, have
attained the eight-hour National
Ambient Air Quality Standard for
ozone. New York State has requested
these determinations, which are based
upon three years of complete, qualityassured ambient air monitoring data for
the years 2004–2006. These data
demonstrate that the eight-hour ozone
standard has been attained in these
areas. In addition, data for 2007 show
that the areas continue to attain the
standard. If these proposed
determinations are made final, the
requirements for the State to submit
certain reasonable further progress
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Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules
plans, attainment demonstrations,
contingency measures and any other
planning requirements of the Clean Air
Act related to attainment of the eighthour ozone standard shall be suspended
for so long as the areas continue to
attain the eight-hour ozone standard.
One area requested by New York, Essex
County, does not have sufficient air
quality data to demonstrate attainment
of the standard. EPA is not proposing to
act on New York State’s request for
Essex County at this time.
DATES: Comments must be received on
or before March 17, 2008. Public
comments on this action are requested
and will be considered before taking
final action.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
OAR–2008–0078, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Werner.Raymond@epa.gov.
• Fax: 212–637–3901.
• Mail: Raymond Werner, Chief, Air
Programs Branch, Environmental
Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New
York 10007–1866.
• Hand Delivery: Raymond Werner,
Chief, Air Programs Branch,
Environmental Protection Agency,
Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007–
1866. Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R02–OAR–2008–
0078. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, 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 https://
www.regulations.gov or e-mail. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, 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
www.regulations.gov your e-mail
address will be automatically captured
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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. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT:
Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency,
Region 2, 290 Broadway, 25th Floor,
New York, New York 10007–1866, (212)
637–4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Proposed Action
II. Background
III. Analysis of Air Quality Data
IV. Summary
V. Statutory and Executive Order Reviews
I. Proposed Action
The EPA is proposing to determine
that three ozone nonattainment areas in
New York, the Albany-SchenectadyTroy, Jefferson County and Rochester
areas, have attained the eight-hour
National Ambient Air Quality Standard
(NAAQS) for ozone. These
determinations are based upon three
years of complete, quality-assured
ambient air monitoring data for the
years 2004–2006. These data
demonstrate that the eight-hour ozone
NAAQS has been attained in these
areas. In addition, data for 2007 show
that the areas continue to attain the
standard. Pursuant to 40 CFR section
51.918, if these proposed
determinations are made final, the
requirements for the State to submit
certain reasonable further progress
plans, attainment demonstrations, and
contingency measures under section
172(c)(9) and any other planning State
Implementation Plans (SIPs) related to
attainment of the eight-hour ozone
NAAQS, will be suspended for so long
as the area continues to attain the ozone
NAAQS.
II. Background
On April 30, 2004 (69 FR 23857), EPA
designated as nonattainment any area
that was violating the 8-hour ozone
NAAQS based on the three most recent
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years (2001–2003) of air quality data. At
that time, a number of areas in New
York State, including the areas
discussed in this notice, were
designated as nonattainment. The
Albany-Schenectedy-Troy area
encompasses its 1999 metropolitan area,
plus Greene County which was part of
the previously existing one-hour ozone
area. The Rochester area is the 1999
metropolitan area. Jefferson County is
not part of a metropolitan area and was
designated nonattainment as a single
county. Air monitoring data on
Whiteface Mountain violated the air
quality standard but surrounding areas
at lower elevations did not violated the
standard, so the portion of Essex County
above 1900 feet in the Whiteface
Mountain area was designated as
nonattainment. (See 40 CFR 81.333.)
On March 19, 2007, New York State
Department of Environmental
Conservation (New York) petitioned to
EPA to find that air monitoring data
from four areas of upstate New York
were showing attainment of the eighthour ozone standard for the most recent
three years of ozone data, from 2004 to
2006. These areas were the AlbanySchenectady-Troy, Jefferson County,
Essex County and Rochester
nonattainment areas. On June 14, 2007,
New York updated its submittal to
document its public review process,
including notice and comment.
EPA’s ozone implementation rule at
40 Code of Federal Regulations (CFR)
sections 51.900–918, promulgated under
sections 172 and 182 of the Clean Air
Act, describes the Clean Air Act
requirements for areas designated as not
attaining the eight-hour ozone standard.
For areas where air quality is attaining
the standard, section 51.918 of the
implementation rule provides that,
upon a determination of attainment by
EPA, the requirements for a State to
submit certain required planning SIPs
related to attainment of the eight-hour
NAAQS, such as attainment
demonstrations, reasonable further
progress plans and contingency
measures, shall be suspended. EPA’s
action only suspends the requirements
to submit the SIP revisions discussed
above. If this rulemaking is finalized
and EPA subsequently determines after
notice and comment rulemaking in the
Federal Register that any of these areas
have violated the standard, the basis for
the suspension of these requirements for
that area would no longer exist, and the
area would thereafter have to address
the pertinent requirements within a
reasonable period of time. EPA would
establish that period taking into account
the individual circumstances
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Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules
surrounding the particular submissions
at issue.
The determinations that EPA
proposes with this Federal Register
notice, that air quality data show
attainment of the ozone standard, are
not equivalent to the redesignation of
the areas to attainment. Using
monitoring data to show attainment of
the ozone NAAQS is only one of the
criteria set forth in Clean Air Act section
107(d)(3)(E) that must be satisfied for an
area to be redesignated to attainment. To
be redesignated the State must submit
and receive full approval of a
redesignation request for the area that
satisfies all of the criteria of section
107(d)(3)(E), including a demonstration
that the improvement in the area’s air
quality is due to permanent and
enforceable reductions and a fullyapproved SIP meeting all of the
applicable requirements under section
110 and Part D and a fully-approved
maintenance plan.
III. Analysis of Air Quality Data
In New York’s petition, it certified the
air quality data submitted by the State
for the years 2004, 2005, and 2006 was
accurate and properly quality-assured
and met state and EPA monitoring
requirements. New York submitted
these data to EPA’s Air Quality System,
where it is available to the public via
https://www.epa.gov/ttn/airs/airsaqs/.
After New York submitted its petition,
New York supplied additional qualityassured air quality data from 2007 to
EPA’s Air Quality System database. EPA
has reviewed these data to determine if
the areas proposed by New York remain
in attainment when the additional data
from 2007 are included. Table I
summarizes the ozone air quality data
for these four areas of upstate New York
and EPA’s evaluation of whether these
areas meet EPA’s requirements for
attaining the eight-hour ozone NAAQS.
TABLE I.—FOURTH HIGHEST CONCENTRATIONS AND DESIGN VALUES FOR THE EIGHT-HOUR OZONE STANDARD FOR
MONITORING SITES IN FOUR AREAS OF UPSTATE NEW YORK
[In parts per million]
Fourth highest concentration
Area/Site/EPA Site ID
2004
2005
2006
Average of fourth
highest concentration
2007
2004–6
2004–6
Albany-Schenectady-Troy, NY ........................................................
Loudonville 360010012 ............................................................
Schenectady 360930003 ..........................................................
Grafton Lakes 360830004 ........................................................
Stillwater 360910004 ................................................................
Essex Co. (Whiteface Mt.), NY .......................................................
Whiteface Mt. Summit, NY 360310002 ....................................
Whiteface Mt. Base, NY 360310003 ........................................
Jefferson Co., NY 360450002 .........................................................
Rochester, NY .................................................................................
Rochester #2 360551007 .........................................................
Williamson 361173001 .............................................................
............
0.072
0.068
0.076
0.077
............
0.077
0.071
0.071
............
0.057
0.065
............
0.080
0.077
0.081
0.084
............
0.079
0.073
0.083
............
0.080
0.065
............
0.069
0.061
0.072
0.073
............
0.071
0.071
0.073
............
0.081
0.065
............
0.075
0.067
0.078
0.081
............
0.084
0.078
0.083
............
0.078
0.081
Attainment
............
0.073
0.068
0.076
0.078
............
0.071
0.078
0.075
............
0.072
0.065
............
0.074
0.068
0.077
0.079
............
0.078
0.074
0.077
............
0.079
0.070
2005–7
Yes ....
............
............
............
............
No* .....
............
............
Yes ....
Yes ....
............
............
Yes.
2005–7
No.*
Yes.
Yes.
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Note: All values in parts per million (ppm).
* Whiteface Mountain Summit monitor recorded less than 75% data capture for the ozone seasons of 2004 and 2005 and does not have complete data for those years. The design value is the average of each year’s fourth highest concentration as described in Appendix I to 40 CFR
part 50. From 40 CFR part 50, Appendix I, Section 2.2: The standard-related summary statistic is the annual fourth-highest daily maximum 8hour average ozone concentration, expressed in parts per million, averaged over three years. The 3-year average shall be computed using the
three most recent, consecutive calendar years of monitoring data meeting the data completeness requirements described in this appendix. The
computed 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentrations shall be expressed to three decimal
places (the remaining digits to the right are truncated.)
As noted in Table I, an area achieves
attainment of the eight-hour ozone
standard when an area’s monitoring
sites all have a design value of less than
0.085 ppm, calculated as described in
40 CFR part 50, Appendix I. In this case,
all of the sites have a design value less
than 0.085 ppm, but the Whiteface
Mountain summit site in Essex County
does not have complete data for 2004
and 2005, so there is not enough data to
ensure the area is meeting the standard.
Appendix I of 40 CFR part 50 stipulates
that in order to be used for showing
attainment of the standard, the three
years of data must have an average
percent of days with valid ambient
monitoring data of greater than 90%,
and no single year with less than 75%
data completeness. The monitor at the
summit of Whiteface Mountain recorded
64 and 74 percent of the required data
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in 2004 and 2005, respectively.
Therefore, Essex County does not have
sufficient data to support a
determination that it is an area attaining
the eight-hour ozone standard, and EPA
is not proposing in this notice to make
such a determination.
EPA proposes to determine that
quality-assured data from 2004 through
2006 from Albany-Schenectady-Troy,
Jefferson County and Rochester
demonstrate that these areas met the
eight-hour ozone standard. EPA has
reviewed the latest quality-assured data,
through September 2007, and
preliminary data through the end of the
ozone season of 2007 to insure that
these areas still attain the ozone
standard.
EPA notes that New York’s March 19,
2007 and June 14, 2007 requests also
petitioned EPA to find that the Albany-
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Schenectady-Troy, Jefferson County,
Essex County and the Buffalo-Niagara
one-hour ozone nonattainment areas
were showing attainment of the onehour ozone standard. (The Rochester
area was not designated as
nonattainment for the one-hour
standard, only the eight-hour standard.)
EPA is not addressing that portion of the
petition in this notice, but intends to
propose action on this part of New
York’s request in a future, separate
Federal Register notice.
EPA is soliciting public comments on
the issues discussed in this notice. EPA
will consider these comments before
taking final action. Interested parties
may participate in the Federal
rulemaking procedure by submitting
written comments to EPA as discussed
in the ADDRESSES section of this Federal
Register.
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IV. Summary
EPA is proposing to determine that
the Albany-Schenectady-Troy, Jefferson
County and Rochester ozone
nonattainment areas have attained the
eight-hour ozone standard based on
three years of complete, quality-assured
monitoring data at all ozone monitoring
sites in the areas. Data through the 2007
ozone season demonstrate that the areas
continue to attain the standard. As
provided in 40 CFR 51.918, if EPA’s
determinations that these areas have
attained the eight-hour ozone standard
are made final, they would suspend the
requirements under section 182(b)(1) for
submission of the reasonable further
progress plan and ozone attainment
demonstration and the requirements of
section 172(c)(9) concerning submission
of contingency measures and any other
planning SIP relating to attainment of
the eight-hour NAAQS. This suspension
of requirements would be effective as
long as the areas continue to attain the
eight-hour ozone standard. EPA will
await additional, complete data before
determining whether the Whiteface
Mountain area in Essex County is
attaining the standard.
EPA emphasizes that its proposed
determinations are contingent upon the
continued monitoring and continued
attainment and maintenance of the
eight-hour ozone NAAQS in these
affected areas. If these determinations
are finalized and EPA subsequently
determines, after notice and comment
rulemaking, that an area violated the
standard, the basis for the suspension of
the planning requirements would no
longer exist, and the area would
thereafter have to address the pertinent
requirements.
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V. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
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 proposes to make
a determination based on air quality
data, and would, if finalized, result in
the suspension of certain Federal
requirements. 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.). Because this
rule proposes to make a determination
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based on air quality data, and would, if
finalized, result in the suspension of
certain Federal requirements, 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).
This proposed rule also 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
proposed 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), because it merely
proposes to make a determination based
on air quality data and would, if
finalized, result in the suspension of
certain Federal requirements, and does
not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed 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 proposes to determine that air
quality in the affected area is meeting
Federal standards.
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 because it would
be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
promulgated air quality standards and
monitoring procedures that otherwise
satisfy the provisions of the Clean Air
Act.
This proposed 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.)
Under Executive Order 12898, EPA
finds that this rule involves a proposed
determination of attainment based on
air quality data and will not have
disproportionately high and adverse
human health or environmental effects
on any communities in the area,
including minority and low-income
communities.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen oxides,
Ozone, Volatile organic compounds,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 6, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E8–2781 Filed 2–13–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 272
[EPA–R08–RCRA–2006–0501 FRL–8524–6]
North Dakota: Final Authorization of
State Hazardous Waste Management
Program Revisions and Incorporation
by Reference of Approved Hazardous
Waste Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: North Dakota has applied to
EPA for final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). The EPA
proposes to grant final authorization to
the hazardous waste program changes
submitted by North Dakota. In addition,
EPA is proposing to codify in the
regulations entitled ‘‘Approved State
Hazardous Waste Management
Programs’’, North Dakota’s authorized
hazardous waste program. EPA will
incorporate by reference into the Code
of Federal Regulations (CFR) those
provisions of the State statutes and
regulations that are authorized and that
EPA will enforce under the Solid Waste
Disposal Act, as amended and
commonly referred to as RCRA. In the
‘‘Rules and Regulations’’ section of this
Federal Register, we are authorizing the
State’s program changes and codifying
and incorporating by reference the
authorized hazardous waste program as
an immediate final rule. EPA did not
make a proposal prior to the immediate
final rule because we believe these
actions are not controversial and do not
expect comments to oppose them. We
have explained the reasons for this
authorization and incorporation-byreference in the preamble to the
immediate final rule. Unless we get
written comments opposing this
authorization and incorporation by
reference during the comment period,
the immediate final rule will become
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]]>Agencies
[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Proposed Rules]
[Pages 8637-8640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2781]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. EPA-R02-OAR-2008-0078; FRL-8529-9]
Determinations of Attainment of the Eight-Hour Ozone Standard for
Various Ozone Nonattainment Areas in Upstate New York State
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to determine that three ozone
nonattainment areas in New York, the Albany-Schenectady-Troy, Jefferson
County and Rochester areas, have attained the eight-hour National
Ambient Air Quality Standard for ozone. New York State has requested
these determinations, which are based upon three years of complete,
quality-assured ambient air monitoring data for the years 2004-2006.
These data demonstrate that the eight-hour ozone standard has been
attained in these areas. In addition, data for 2007 show that the areas
continue to attain the standard. If these proposed determinations are
made final, the requirements for the State to submit certain reasonable
further progress
[[Page 8638]]
plans, attainment demonstrations, contingency measures and any other
planning requirements of the Clean Air Act related to attainment of the
eight-hour ozone standard shall be suspended for so long as the areas
continue to attain the eight-hour ozone standard. One area requested by
New York, Essex County, does not have sufficient air quality data to
demonstrate attainment of the standard. EPA is not proposing to act on
New York State's request for Essex County at this time.
DATES: Comments must be received on or before March 17, 2008. Public
comments on this action are requested and will be considered before
taking final action.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2008-0078, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Werner.Raymond@epa.gov.
Fax: 212-637-3901.
Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2008-0078. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, 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 https://www.regulations.gov or e-
mail. The www.regulations.gov Web site is an ``anonymous access''
system, 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
www.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. For additional information about EPA's public docket visit the
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency, Region 2, 290 Broadway, 25th Floor,
New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Proposed Action
II. Background
III. Analysis of Air Quality Data
IV. Summary
V. Statutory and Executive Order Reviews
I. Proposed Action
The EPA is proposing to determine that three ozone nonattainment
areas in New York, the Albany-Schenectady-Troy, Jefferson County and
Rochester areas, have attained the eight-hour National Ambient Air
Quality Standard (NAAQS) for ozone. These determinations are based upon
three years of complete, quality-assured ambient air monitoring data
for the years 2004-2006. These data demonstrate that the eight-hour
ozone NAAQS has been attained in these areas. In addition, data for
2007 show that the areas continue to attain the standard. Pursuant to
40 CFR section 51.918, if these proposed determinations are made final,
the requirements for the State to submit certain reasonable further
progress plans, attainment demonstrations, and contingency measures
under section 172(c)(9) and any other planning State Implementation
Plans (SIPs) related to attainment of the eight-hour ozone NAAQS, will
be suspended for so long as the area continues to attain the ozone
NAAQS.
II. Background
On April 30, 2004 (69 FR 23857), EPA designated as nonattainment
any area that was violating the 8-hour ozone NAAQS based on the three
most recent years (2001-2003) of air quality data. At that time, a
number of areas in New York State, including the areas discussed in
this notice, were designated as nonattainment. The Albany-Schenectedy-
Troy area encompasses its 1999 metropolitan area, plus Greene County
which was part of the previously existing one-hour ozone area. The
Rochester area is the 1999 metropolitan area. Jefferson County is not
part of a metropolitan area and was designated nonattainment as a
single county. Air monitoring data on Whiteface Mountain violated the
air quality standard but surrounding areas at lower elevations did not
violated the standard, so the portion of Essex County above 1900 feet
in the Whiteface Mountain area was designated as nonattainment. (See 40
CFR 81.333.)
On March 19, 2007, New York State Department of Environmental
Conservation (New York) petitioned to EPA to find that air monitoring
data from four areas of upstate New York were showing attainment of the
eight-hour ozone standard for the most recent three years of ozone
data, from 2004 to 2006. These areas were the Albany-Schenectady-Troy,
Jefferson County, Essex County and Rochester nonattainment areas. On
June 14, 2007, New York updated its submittal to document its public
review process, including notice and comment.
EPA's ozone implementation rule at 40 Code of Federal Regulations
(CFR) sections 51.900-918, promulgated under sections 172 and 182 of
the Clean Air Act, describes the Clean Air Act requirements for areas
designated as not attaining the eight-hour ozone standard. For areas
where air quality is attaining the standard, section 51.918 of the
implementation rule provides that, upon a determination of attainment
by EPA, the requirements for a State to submit certain required
planning SIPs related to attainment of the eight-hour NAAQS, such as
attainment demonstrations, reasonable further progress plans and
contingency measures, shall be suspended. EPA's action only suspends
the requirements to submit the SIP revisions discussed above. If this
rulemaking is finalized and EPA subsequently determines after notice
and comment rulemaking in the Federal Register that any of these areas
have violated the standard, the basis for the suspension of these
requirements for that area would no longer exist, and the area would
thereafter have to address the pertinent requirements within a
reasonable period of time. EPA would establish that period taking into
account the individual circumstances
[[Page 8639]]
surrounding the particular submissions at issue.
The determinations that EPA proposes with this Federal Register
notice, that air quality data show attainment of the ozone standard,
are not equivalent to the redesignation of the areas to attainment.
Using monitoring data to show attainment of the ozone NAAQS is only one
of the criteria set forth in Clean Air Act section 107(d)(3)(E) that
must be satisfied for an area to be redesignated to attainment. To be
redesignated the State must submit and receive full approval of a
redesignation request for the area that satisfies all of the criteria
of section 107(d)(3)(E), including a demonstration that the improvement
in the area's air quality is due to permanent and enforceable
reductions and a fully-approved SIP meeting all of the applicable
requirements under section 110 and Part D and a fully-approved
maintenance plan.
III. Analysis of Air Quality Data
In New York's petition, it certified the air quality data submitted
by the State for the years 2004, 2005, and 2006 was accurate and
properly quality-assured and met state and EPA monitoring requirements.
New York submitted these data to EPA's Air Quality System, where it is
available to the public via https://www.epa.gov/ttn/airs/airsaqs/. After
New York submitted its petition, New York supplied additional quality-
assured air quality data from 2007 to EPA's Air Quality System
database. EPA has reviewed these data to determine if the areas
proposed by New York remain in attainment when the additional data from
2007 are included. Table I summarizes the ozone air quality data for
these four areas of upstate New York and EPA's evaluation of whether
these areas meet EPA's requirements for attaining the eight-hour ozone
NAAQS.
Table I.--Fourth Highest Concentrations and Design Values for the Eight-Hour Ozone Standard for Monitoring Sites
in Four Areas of Upstate New York
[In parts per million]
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Fourth highest concentration Average of Attainment
------------------------------------ fourth highest --------------------------
Area/Site/EPA Site ID concentration
2004 2005 2006 2007 ------------------ 2004-6 2005-7
2004-6 2005-7
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Albany-Schenectady-Troy, NY.... ....... ....... ....... ....... ....... ....... Yes......... Yes.
Loudonville 360010012...... 0.072 0.080 0.069 0.075 0.073 0.074 ............ ...........
Schenectady 360930003...... 0.068 0.077 0.061 0.067 0.068 0.068 ............ ...........
Grafton Lakes 360830004.... 0.076 0.081 0.072 0.078 0.076 0.077 ............ ...........
Stillwater 360910004....... 0.077 0.084 0.073 0.081 0.078 0.079 ............ ...........
Essex Co. (Whiteface Mt.), NY.. ....... ....... ....... ....... ....... ....... No*......... No.*
Whiteface Mt. Summit, NY 0.077 0.079 0.071 0.084 0.071 0.078 ............ ...........
360310002.
Whiteface Mt. Base, NY 0.071 0.073 0.071 0.078 0.078 0.074 ............ ...........
360310003.
Jefferson Co., NY 360450002.... 0.071 0.083 0.073 0.083 0.075 0.077 Yes......... Yes.
Rochester, NY.................. ....... ....... ....... ....... ....... ....... Yes......... Yes.
Rochester 2 0.057 0.080 0.081 0.078 0.072 0.079 ............ ...........
360551007.
Williamson 361173001....... 0.065 0.065 0.065 0.081 0.065 0.070 ............ ...........
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Note: All values in parts per million (ppm).
* Whiteface Mountain Summit monitor recorded less than 75% data capture for the ozone seasons of 2004 and 2005
and does not have complete data for those years. The design value is the average of each year's fourth highest
concentration as described in Appendix I to 40 CFR part 50. From 40 CFR part 50, Appendix I, Section 2.2: The
standard-related summary statistic is the annual fourth-highest daily maximum 8-hour average ozone
concentration, expressed in parts per million, averaged over three years. The 3-year average shall be computed
using the three most recent, consecutive calendar years of monitoring data meeting the data completeness
requirements described in this appendix. The computed 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations shall be expressed to three decimal places (the remaining digits
to the right are truncated.)
As noted in Table I, an area achieves attainment of the eight-hour
ozone standard when an area's monitoring sites all have a design value
of less than 0.085 ppm, calculated as described in 40 CFR part 50,
Appendix I. In this case, all of the sites have a design value less
than 0.085 ppm, but the Whiteface Mountain summit site in Essex County
does not have complete data for 2004 and 2005, so there is not enough
data to ensure the area is meeting the standard. Appendix I of 40 CFR
part 50 stipulates that in order to be used for showing attainment of
the standard, the three years of data must have an average percent of
days with valid ambient monitoring data of greater than 90%, and no
single year with less than 75% data completeness. The monitor at the
summit of Whiteface Mountain recorded 64 and 74 percent of the required
data in 2004 and 2005, respectively. Therefore, Essex County does not
have sufficient data to support a determination that it is an area
attaining the eight-hour ozone standard, and EPA is not proposing in
this notice to make such a determination.
EPA proposes to determine that quality-assured data from 2004
through 2006 from Albany-Schenectady-Troy, Jefferson County and
Rochester demonstrate that these areas met the eight-hour ozone
standard. EPA has reviewed the latest quality-assured data, through
September 2007, and preliminary data through the end of the ozone
season of 2007 to insure that these areas still attain the ozone
standard.
EPA notes that New York's March 19, 2007 and June 14, 2007 requests
also petitioned EPA to find that the Albany-Schenectady-Troy, Jefferson
County, Essex County and the Buffalo-Niagara one-hour ozone
nonattainment areas were showing attainment of the one-hour ozone
standard. (The Rochester area was not designated as nonattainment for
the one-hour standard, only the eight-hour standard.) EPA is not
addressing that portion of the petition in this notice, but intends to
propose action on this part of New York's request in a future, separate
Federal Register notice.
EPA is soliciting public comments on the issues discussed in this
notice. EPA will consider these comments before taking final action.
Interested parties may participate in the Federal rulemaking procedure
by submitting written comments to EPA as discussed in the ADDRESSES
section of this Federal Register.
[[Page 8640]]
IV. Summary
EPA is proposing to determine that the Albany-Schenectady-Troy,
Jefferson County and Rochester ozone nonattainment areas have attained
the eight-hour ozone standard based on three years of complete,
quality-assured monitoring data at all ozone monitoring sites in the
areas. Data through the 2007 ozone season demonstrate that the areas
continue to attain the standard. As provided in 40 CFR 51.918, if EPA's
determinations that these areas have attained the eight-hour ozone
standard are made final, they would suspend the requirements under
section 182(b)(1) for submission of the reasonable further progress
plan and ozone attainment demonstration and the requirements of section
172(c)(9) concerning submission of contingency measures and any other
planning SIP relating to attainment of the eight-hour NAAQS. This
suspension of requirements would be effective as long as the areas
continue to attain the eight-hour ozone standard. EPA will await
additional, complete data before determining whether the Whiteface
Mountain area in Essex County is attaining the standard.
EPA emphasizes that its proposed determinations are contingent upon
the continued monitoring and continued attainment and maintenance of
the eight-hour ozone NAAQS in these affected areas. If these
determinations are finalized and EPA subsequently determines, after
notice and comment rulemaking, that an area violated the standard, the
basis for the suspension of the planning requirements would no longer
exist, and the area would thereafter have to address the pertinent
requirements.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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 proposes to make a determination based on air quality data, and
would, if finalized, result in the suspension of certain Federal
requirements. 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.). Because this rule proposes to make a determination based on air
quality data, and would, if finalized, result in the suspension of
certain Federal requirements, 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).
This proposed rule also 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 proposed 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),
because it merely proposes to make a determination based on air quality
data and would, if finalized, result in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This proposed 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 proposes to determine
that air quality in the affected area is meeting Federal standards.
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
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures that otherwise satisfy the provisions of the
Clean Air Act.
This proposed 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.)
Under Executive Order 12898, EPA finds that this rule involves a
proposed determination of attainment based on air quality data and will
not have disproportionately high and adverse human health or
environmental effects on any communities in the area, including
minority and low-income communities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen oxides,
Ozone, Volatile organic compounds, Intergovernmental relations,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 6, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E8-2781 Filed 2-13-08; 8:45 am]
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