Determinations of Attainment of the Eight-Hour Ozone Standard for Various Ozone Nonattainment Areas in Upstate New York State, 15672-15674 [E8-6027]
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15672
Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules and Regulations
Dated: March 11, 2008.
Peter B. McCarthy,
Assistant Secretary for Management and
Chief Financial Officer.
[FR Doc. E8–5980 Filed 3–24–08; 8:45 am]
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Programs Branch, U.S.
Environmental Protection Agency,
Region 2, 290 Broadway, 25th Floor,
New York, New York 10007–1866. To
make your visit as productive as
possible, contact the person listed in the
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT
40 CFR Part 52
[EPA–R02–OAR–2008–0078; FRL–8546–2]
Determinations of Attainment of the
Eight-Hour Ozone Standard for Various
Ozone Nonattainment Areas in Upstate
New York State
Environmental Protection
Agency (EPA).
ACTION: Final rule.
pwalker on PROD1PC71 with RULES
AGENCY:
SUMMARY: The EPA is determining that
three ozone nonattainment areas in New
York, the Albany-Schenectady-Troy,
Jefferson County and Rochester areas,
have attained the 8-hour National
Ambient Air Quality Standard (NAAQS)
for ozone. This determination is based
upon certified ambient air monitoring
data that show each area has monitored
attainment of the 8-hour ozone NAAQS
based on complete, quality-assured
ambient air monitoring data for the
three year period ending in 2006. In
addition, data for 2007 show that the
areas continue to attain the standard.
This determination suspends any
applicable requirements for these areas
to submit an attainment demonstration,
a reasonable further progress plan,
contingency measures, and other
planning State Implementation Plans
related to attainment of the 8-hour
ozone NAAQS. These requirements
shall remain suspended for so long as
these areas continue to attain the ozone
NAAQS. New York proposed that Essex
County had also attained the 8-hour
ozone standard, but because of
incomplete data, a determination of
attainment cannot be made at this time.
DATES: Effective Date: This rule is
effective on March 25, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R02–OAR–
2008–0078. All documents in the docket
are listed on the https://
www.regulations.gov Web site. 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
VerDate Aug<31>2005
17:24 Mar 24, 2008
Jkt 214001
section to schedule your inspection. The
Regional Office’s official hours of
business are Monday through Friday,
8:30 to 4:30, excluding legal holidays.
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,
telephone number (212) 637–4249, fax
number (212) 637–3901, e-mail
kelly.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. EPA’s Action
II. The Effect of EPA’s Action
III. The Effective Date of EPA’s Action
IV. Final Action
V. Statutory and Executive Order Reviews
I. EPA’s Action
EPA is determining that the AlbanySchenectady-Troy, Jefferson County and
Rochester 8-hour ozone nonattainment
areas have attained the 8-hour National
Ambient Air Quality Standard (NAAQS)
for ozone. These determinations are
based upon certified ambient air
monitoring data that show the areas
have monitored attainment of the ozone
NAAQS for the three-year period from
2004 to 2006. In addition, based on
quality controlled and quality assured
ozone data, these areas continued to
attain the ozone NAAQS in 2007, the
most recent year of data available. All
these data are available in the EPA Air
Quality System (AQS) database. Essex
County did not have enough complete
data to make a determination of
attainment at this time.
Other specific requirements of the
determination and the rationale for
EPA’s proposed action are explained in
the Notice of Proposed Rulemaking
(NPR) published on February 14, 2008
(73 FR 8638) and will not be restated
here. No public comments were
received on the NPR.
II. The Effect of EPA’s Action
Under the provisions of EPA’s ozone
implementation rule (see 40 CFR
51.918), this determination suspends
the requirements for the AlbanySchenectady-Troy, Jefferson County and
Rochester ozone nonattainment areas to
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submit an attainment demonstration, a
reasonable further progress plan, section
172(c)(9) contingency measures, and
any other planning State
Implementation Plans (SIPs) related to
attainment of the 8-hour ozone NAAQS
for so long as these areas continue to
attain the ozone NAAQS.
This action does not constitute a
redesignation to attainment under Clean
Air Act (CAA) section 107(d)(3),
because these areas do not have
approved maintenance plans as required
under section 175A of the CAA, nor are
there determinations that the areas have
met the other requirements for
redesignation. The classification and
designation status of these areas will not
change from nonattainment for the 8hour ozone NAAQS until such time as
EPA determines that they meet the CAA
requirements for redesignation to
attainment.
If EPA subsequently determines, after
notice-and-comment rulemaking in the
Federal Register, that any of these areas
has violated the current 8-hour ozone
standard, the basis for the suspension of
these requirements would no longer
exist for that area, and the area that
violated the 8-hour standard would
have to address the pertinent
requirements.
III. The Effective Date of EPA’s Action
EPA finds that there is good cause for
this approval to become effective on the
date of publication of this action in the
Federal Register, because a delayed
effective date is unnecessary due to the
nature of the approval. The expedited
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that rule
actions may become effective less than
30 days after publication if the rule
‘‘grants or recognizes an exemption or
relieves a restriction’’ and 5 U.S.C.
553(d)(3), which allows an effective date
less than 30 days after publication ‘‘as
otherwise provided by the agency for
good cause found and published with
the rule.’’ As noted above, this
determination of attainment suspends
the requirements for New York to
submit attainment demonstrations,
reasonable further progress plans,
section 172(c)(9) contingency measures,
and any other planning SIPs related to
attainment of the 8-hour ozone NAAQS
in each of these areas for so long as an
area continues to attain the ozone
NAAQS. The suspension of these
requirements is sufficient reason to
allow an expedited effective date of this
rule under 5 U.S.C. 553(d)(1). In
addition, New York’s suspension from
these requirements provides good cause
to make this rule effective on the date
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Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules and Regulations
of publication of this action in the
Federal Register, pursuant to 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in 5 U.S.C.
553(d) is to give affected parties a
reasonable time to adjust their behavior
and prepare before the final rule takes
effect. Where, as here, the final rule
suspends requirements rather than
imposing obligations, affected parties,
such as the State of New York, do not
need time to adjust and prepare before
the rule takes effect.
pwalker on PROD1PC71 with RULES
IV. Final Action
EPA is determining that the AlbanySchenectady-Troy, Jefferson County and
Rochester 8-hour ozone nonattainment
areas have attained the 8-hour ozone
standard and continue to attain the
standard based on data through the 2007
ozone season. As provided in 40 CFR
51.918, this determination suspends the
requirements for New York to submit
attainment demonstrations, reasonable
further progress plans, and contingency
measures under section 172(c)(9), and
any other planning SIP related to
attainment of the 8-hour ozone NAAQS
for these areas. If one or more of these
areas no longer attains the standard, that
area or areas would have to submit the
required SIP planning elements required
by the CAA for each particular area.
EPA is codifying this determination in
40 CFR 52.1683 as a new paragraph
(f)(2). The existing text of paragraph (f)
has been designated as (f)(1) without
any changes.
V. 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 makes a
determination based on air quality data,
and results 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 makes a determination based on air
quality data, and results 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).
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This 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
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
makes a determination based on air
quality data and results 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 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 determines 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 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
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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
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15673
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 27, 2008.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 18, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. Section 52.1683 is amended by
revising paragraph (f) to read as follows:
I
§ 52.1683
Control strategy: Ozone.
*
*
*
*
*
(f) Attainment Determination. (1) EPA
has determined that, as of February 5,
1998, the Poughkeepsie ozone
nonattainment area (consisting of
Dutchess and Putnam Counties and
northern Orange County) has air
monitoring data that attains the onehour ozone standard and that the
requirements of section 182(b)(1)
(reasonable further progress and
attainment demonstration) and related
requirements of section 172(c)(9)
(contingency measures) of the Clean Air
Act do not apply to the area.
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15674
Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules and Regulations
(2) EPA is determining that the 8-hour
ozone nonattainment areas in New York
listed below have attained the 8-hour
ozone standard on the date listed. Under
the provisions of EPA’s ozone
implementation rule (see 40 CFR
51.918), this determination suspends
the reasonable further progress and
attainment demonstration requirements
of section 182(b)(1) and related
requirements of section 172(c)(9) of the
Clean Air Act for each of these areas as
long as the area does not monitor any
violations of the 8-hour ozone standard.
If a violation of the ozone NAAQS is
monitored this determination shall no
longer apply in the area where the
violation occurs.
(i) Albany-Schenectady-Troy
(consisting of Albany, Greene,
Montgomery, Rensselaer, Saratoga,
Schenectady, and Schoharie Counties)
as of March 25, 2008,
(ii) Jefferson County, as of March 25,
2008, and
(iii) Rochester (consisting of Genesee,
Livingston, Monroe, Ontario, Orleans
and Wayne Counties) as of March 25,
2008.
*
*
*
*
*
[FR Doc. E8–6027 Filed 3–24–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 970730185–7206–02]
RIN 0648–XG40
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Closure
of the 2008 Gulf of Mexico Recreational
Fishery for Red Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
pwalker on PROD1PC71 with RULES
AGENCY:
SUMMARY: NMFS closes the recreational
fishery for red snapper in the exclusive
economic zone (EEZ) of the Gulf of
Mexico (Gulf). NMFS has determined
this action is necessary to prevent the
recreational fishery from exceeding its
quota for the fishing year. This closure
is necessary to prevent overfishing of
Gulf red snapper.
DATES: The closure is effective 12:01
a.m., local time, August 5, 2008, through
December 31, 2008, the end of the
current fishing year. The recreational
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17:24 Mar 24, 2008
Jkt 214001
fishery will reopen on June 1, 2009, the
beginning of the 2009 recreational
fishing season.
FOR FURTHER INFORMATION CONTACT: Dr.
Steve Branstetter, telephone 727–551–
5796, fax 727–824–5308, e-mail
Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The red
snapper fishery of the Gulf of Mexico is
managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP).
The FMP was prepared by the Gulf of
Mexico Fishery Management Council
(Council) and is implemented under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
Background
The final rule implementing the
approved actions in joint Amendment
27 to the FMP and Amendment 14 to
the Fishery Management Plan for the
Shrimp Fishery of the Gulf of Mexico
(Amendment 27/14) (73 FR 5117,
January 29, 2008) is intended to end
overfishing and rebuild the red snapper
stock in the Gulf of Mexico. In part, the
final rule reduced the 2008 recreational
quota for red snapper to 2.45 million lb
(1.11 million kg). To constrain the
recreational fishery’s harvest to the
quota, the recreational daily bag limit
was revised to two fish per person and
the daily bag limit for captains and
crews of for-hire vessels was reduced to
zero. The recreational minimum size
limit remained at 16 inches (40.6 cm)
total length (TL). The Federal red
snapper recreational fishing season was
reduced to June 1 through September
30. These recreational management
measures, in combination, were
projected to constrain red snapper
harvest to the 2.45 million lb (1.11
million kg) recreational quota based on
the assumption all five Gulf states
would adopt compatible regulations.
Previously, in 2007, NMFS
implemented temporary rules (72 FR
15617, April 2, 2007; 72 FR 54223,
September 24, 2007) to initiate
reductions in harvest and fishing
mortality on the overfished red snapper
stock until the more permanent
regulations above could be established.
The temporary regulations included a
recreational quota of 3.185 million lb
(1.445 million kg), a two-fish bag limit,
a zero-fish bag limit captains and crews
of for-hire vessels, a 16–inch (40.6 cm)
TL minimum size limit, and a
recreational fishing season of April 21
through October 31. These harvesting
restrictions were intended to have a 50–
percent probability of constraining
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recreational harvest to the recreational
quota, and also assumed
implementation of compatible state
regulations throughout the Gulf.
Substantial quantities of red snapper
are harvested by the recreational fishery
from state waters. This is particularly
true for Florida and Texas where state
jurisdiction extends 9 nautical miles.
State water recreational harvest of red
snapper is much more limited off
Mississippi, Alabama, and Louisiana, in
part due to their more limited 3
nautical-mile jurisdiction. Reported
recreational red snapper landings in
state waters off the west coast of Florida
in 2007 represented more than 25
percent of the total Gulf recreational red
snapper landings, and more than 50
percent of the total recreational landings
for the state. Although the quantity of
recreational red snapper landed from
state waters off Texas is only
approximately 4.5 percent of the total
recreational quota, landings from state
waters constitute more than 30 percent
of Texas’ total recreational landings.
During 2007, the Texas Parks and
Wildlife Department (TPWD) kept Texas
state waters open year-round compared
to the restricted Federal season, and
anglers were allowed a daily bag limit
of four fish compared to the two-fish bag
limit in Federal waters. The Florida Fish
and Wildlife Conservation Commission
(FWC) maintained a fishing season of
April 15 through October 31 during
2007 in its state waters, and a four-fish
recreational bag limit compared to a
two-fish bag limit in Federal waters.
These incompatible regulations in state
waters contributed to a total recreational
harvest that was estimated to exceed the
recreational red snapper quota by
approximately 1.0 million lb (453,592
kg) in 2007.
To ensure the 2008 recreational red
snapper quota would not be exceeded,
NMFS and the Council requested the
five Gulf states adopt regulations
compatible with Federal regulations
implemented for red snapper during the
2008 fishing year. In response, the FWC
implemented regulations for Florida
state waters that allow anglers to
possess two fish per day and prohibited
retention by captain or crew of for-hire
vessels, compatible with Federal
regulations, but maintained its
recreational fishing season of April 15
through October 31; 78 days longer than
the existing June 1 through September
30 Federal fishing season. The TPWD
maintained its existing regulations of a
year-round fishing season and a fourfish bag limit in Texas state waters.
The ramifications of incompatible
state regulations for the Federal red
snapper fishery are significant. The
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Agencies
[Federal Register Volume 73, Number 58 (Tuesday, March 25, 2008)]
[Rules and Regulations]
[Pages 15672-15674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6027]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2008-0078; FRL-8546-2]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is determining that three ozone nonattainment areas in
New York, the Albany-Schenectady-Troy, Jefferson County and Rochester
areas, have attained the 8-hour National Ambient Air Quality Standard
(NAAQS) for ozone. This determination is based upon certified ambient
air monitoring data that show each area has monitored attainment of the
8-hour ozone NAAQS based on complete, quality-assured ambient air
monitoring data for the three year period ending in 2006. In addition,
data for 2007 show that the areas continue to attain the standard. This
determination suspends any applicable requirements for these areas to
submit an attainment demonstration, a reasonable further progress plan,
contingency measures, and other planning State Implementation Plans
related to attainment of the 8-hour ozone NAAQS. These requirements
shall remain suspended for so long as these areas continue to attain
the ozone NAAQS. New York proposed that Essex County had also attained
the 8-hour ozone standard, but because of incomplete data, a
determination of attainment cannot be made at this time.
DATES: Effective Date: This rule is effective on March 25, 2008.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R02-OAR-2008-0078. All documents in the docket
are listed on the https://www.regulations.gov Web site. 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
through https://www.regulations.gov or in hard copy at the Air Programs
Branch, U.S. Environmental Protection Agency, Region 2, 290 Broadway,
25th Floor, New York, New York 10007-1866. To make your visit as
productive as possible, contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding legal holidays.
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, telephone number (212) 637-4249, fax
number (212) 637-3901, e-mail kelly.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. EPA's Action
II. The Effect of EPA's Action
III. The Effective Date of EPA's Action
IV. Final Action
V. Statutory and Executive Order Reviews
I. EPA's Action
EPA is determining that the Albany-Schenectady-Troy, Jefferson
County and Rochester 8-hour ozone nonattainment areas have attained the
8-hour National Ambient Air Quality Standard (NAAQS) for ozone. These
determinations are based upon certified ambient air monitoring data
that show the areas have monitored attainment of the ozone NAAQS for
the three-year period from 2004 to 2006. In addition, based on quality
controlled and quality assured ozone data, these areas continued to
attain the ozone NAAQS in 2007, the most recent year of data available.
All these data are available in the EPA Air Quality System (AQS)
database. Essex County did not have enough complete data to make a
determination of attainment at this time.
Other specific requirements of the determination and the rationale
for EPA's proposed action are explained in the Notice of Proposed
Rulemaking (NPR) published on February 14, 2008 (73 FR 8638) and will
not be restated here. No public comments were received on the NPR.
II. The Effect of EPA's Action
Under the provisions of EPA's ozone implementation rule (see 40 CFR
51.918), this determination suspends the requirements for the Albany-
Schenectady-Troy, Jefferson County and Rochester ozone nonattainment
areas to submit an attainment demonstration, a reasonable further
progress plan, section 172(c)(9) contingency measures, and any other
planning State Implementation Plans (SIPs) related to attainment of the
8-hour ozone NAAQS for so long as these areas continue to attain the
ozone NAAQS.
This action does not constitute a redesignation to attainment under
Clean Air Act (CAA) section 107(d)(3), because these areas do not have
approved maintenance plans as required under section 175A of the CAA,
nor are there determinations that the areas have met the other
requirements for redesignation. The classification and designation
status of these areas will not change from nonattainment for the 8-hour
ozone NAAQS until such time as EPA determines that they meet the CAA
requirements for redesignation to attainment.
If EPA subsequently determines, after notice-and-comment rulemaking
in the Federal Register, that any of these areas has violated the
current 8-hour ozone standard, the basis for the suspension of these
requirements would no longer exist for that area, and the area that
violated the 8-hour standard would have to address the pertinent
requirements.
III. The Effective Date of EPA's Action
EPA finds that there is good cause for this approval to become
effective on the date of publication of this action in the Federal
Register, because a delayed effective date is unnecessary due to the
nature of the approval. The expedited effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that rule
actions may become effective less than 30 days after publication if the
rule ``grants or recognizes an exemption or relieves a restriction''
and 5 U.S.C. 553(d)(3), which allows an effective date less than 30
days after publication ``as otherwise provided by the agency for good
cause found and published with the rule.'' As noted above, this
determination of attainment suspends the requirements for New York to
submit attainment demonstrations, reasonable further progress plans,
section 172(c)(9) contingency measures, and any other planning SIPs
related to attainment of the 8-hour ozone NAAQS in each of these areas
for so long as an area continues to attain the ozone NAAQS. The
suspension of these requirements is sufficient reason to allow an
expedited effective date of this rule under 5 U.S.C. 553(d)(1). In
addition, New York's suspension from these requirements provides good
cause to make this rule effective on the date
[[Page 15673]]
of publication of this action in the Federal Register, pursuant to 5
U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed
in 5 U.S.C. 553(d) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
Where, as here, the final rule suspends requirements rather than
imposing obligations, affected parties, such as the State of New York,
do not need time to adjust and prepare before the rule takes effect.
IV. Final Action
EPA is determining that the Albany-Schenectady-Troy, Jefferson
County and Rochester 8-hour ozone nonattainment areas have attained the
8-hour ozone standard and continue to attain the standard based on data
through the 2007 ozone season. As provided in 40 CFR 51.918, this
determination suspends the requirements for New York to submit
attainment demonstrations, reasonable further progress plans, and
contingency measures under section 172(c)(9), and any other planning
SIP related to attainment of the 8-hour ozone NAAQS for these areas. If
one or more of these areas no longer attains the standard, that area or
areas would have to submit the required SIP planning elements required
by the CAA for each particular area. EPA is codifying this
determination in 40 CFR 52.1683 as a new paragraph (f)(2). The existing
text of paragraph (f) has been designated as (f)(1) without any
changes.
V. 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
makes a determination based on air quality data, and results 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
makes a determination based on air quality data, and results 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 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 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 makes a determination
based on air quality data and results 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 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 determines 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 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
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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 27, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: March 18, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. Section 52.1683 is amended by revising paragraph (f) to read as
follows:
Sec. 52.1683 Control strategy: Ozone.
* * * * *
(f) Attainment Determination. (1) EPA has determined that, as of
February 5, 1998, the Poughkeepsie ozone nonattainment area (consisting
of Dutchess and Putnam Counties and northern Orange County) has air
monitoring data that attains the one-hour ozone standard and that the
requirements of section 182(b)(1) (reasonable further progress and
attainment demonstration) and related requirements of section 172(c)(9)
(contingency measures) of the Clean Air Act do not apply to the area.
[[Page 15674]]
(2) EPA is determining that the 8-hour ozone nonattainment areas in
New York listed below have attained the 8-hour ozone standard on the
date listed. Under the provisions of EPA's ozone implementation rule
(see 40 CFR 51.918), this determination suspends the reasonable further
progress and attainment demonstration requirements of section 182(b)(1)
and related requirements of section 172(c)(9) of the Clean Air Act for
each of these areas as long as the area does not monitor any violations
of the 8-hour ozone standard. If a violation of the ozone NAAQS is
monitored this determination shall no longer apply in the area where
the violation occurs.
(i) Albany-Schenectady-Troy (consisting of Albany, Greene,
Montgomery, Rensselaer, Saratoga, Schenectady, and Schoharie Counties)
as of March 25, 2008,
(ii) Jefferson County, as of March 25, 2008, and
(iii) Rochester (consisting of Genesee, Livingston, Monroe,
Ontario, Orleans and Wayne Counties) as of March 25, 2008.
* * * * *
[FR Doc. E8-6027 Filed 3-24-08; 8:45 am]
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