Adequacy Status of the Submitted 2009, 2017 and 2025 PM2.5, 54177-54178 [2013-21266]

Download as PDF Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations This maintenance plan update satisfies section 175A of the Act. [FR Doc. 2013–21274 Filed 8–30–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [Docket No. EPA–R02–OAR–2013–0592; FRL–9900–59–Region2] Adequacy Status of the Submitted 2009, 2017 and 2025 PM2.5 Motor Vehicle Emission Budgets for Transportation Conformity Purposes for New York Environmental Protection Agency (EPA). ACTION: Notice of adequacy. AGENCY: In this action, EPA is notifying the public that we have found the motor vehicle emissions budgets for PM2.5 and NOX in the submitted maintenance plan for the New York portions of the New York-Northern New Jersey-Long Island, NY–NJ–CT PM2.5 nonattainment areas to be adequate for transportation conformity purposes. The transportation conformity rule requires that the EPA conduct a public process and make an affirmative decision on the adequacy of budgets before they can be used by metropolitan planning organizations (MPOs) in conformity determinations. As a result of our finding, the new 2009, 2017 and 2025 PM2.5 budgets are applicable to nine of the ten counties in the New York Metropolitan Transportation Council planning area (excluding Putnam County) and Orange County in the Orange County Transportation Council planning area and must be used for all future transportation conformity determinations. DATES: This finding is effective September 18, 2013. FOR FURTHER INFORMATION CONTACT: Melanie Zeman, Air Programs Branch, Environmental Protection Agency— Region 2, 290 Broadway, 25th Floor, New York, New York 10007–1866, (212) 637–4022, zeman.melanie@epa.gov. The finding and the response to comments will be available at EPA’s conformity Web site: https:// www.epa.gov/otaq/stateresources/ transconf/adequacy.htm. SUPPLEMENTARY INFORMATION: pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: Background On June 27, 2013, New York State submitted a redesignation request and maintenance plan to EPA for the New York portion of the New York-Northern VerDate Mar<15>2010 14:09 Aug 30, 2013 Jkt 229001 New Jersey-Long Island, NY–NJ–CT PM2.5 nonattainment areas. The purpose of New York’s submittal was to request a redesignation to attainment for both the 1997 and 2006 PM2.5 National Ambient Air Quality Standards (NAAQS) and submit a state implementation plan to provide for maintenance of the standard for the first ten years of a 20-year maintenance period. New York’s request was pursuant to EPA’s findings that that the New York area had attained the 1997 (75 FR 69589) and 2006 (77 FR 76867) PM2.5 NAAQS based on ambient air quality monitoring data. New York’s submittal included motor vehicle emissions budgets (‘‘budgets’’) for 2009, 2017 and 2025 for use by the State’s metropolitan planning organizations in making transportation conformity determinations. On July 15, 2013, EPA posted the availability of the budgets on our Web site for the purpose of soliciting public comments. The comment period closed on August 14, 2013, and we received no comments. New York State developed these budgets for the 1997 annual PM2.5 NAAQS and the 2006 24-hour PM2.5 NAAQS based on EPA’s MOVES model. These budgets are for 2025, the last year of the maintenance plan as required, and two additional years, 2009 and 2017, for the purpose of establishing budgets for the near-term. New York also determined that budgets based on annual emissions of direct PM2.5 and NOX, a precursor, are appropriate for the 2006 24-hour standard because exceedences of the standard were not isolated to one particular season; therefore, the budgets being found adequate today will be used by transportation agencies to meet conformity requirements for both the annual and 24-hour standards. The 2009 budgets were developed without an accompanying full emissions inventory. However, EPA believes that the 2009 budgets still meet all of the adequacy criteria, as described below. The 2009 budgets are consistent with attainment and maintenance of both the 1997 and 2006 PM2.5 standards because of our earlier determinations that the New York portion of the New YorkNorthern New Jersey-Long Island, NY– NJ–CT PM2.5 nonattainment area had attained the standards based on monitored air quality that included the year 2009. Adequacy Process Transportation conformity is required by section 176(c) of the Clean Air Act. EPA’s conformity rule requires that transportation plans, programs, and projects conform to SIPs and establishes PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 54177 the criteria and procedures for determining whether or not they conform. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the National Ambient Air Quality Standards. The criteria by which we determine whether a SIP’s motor vehicle emission budgets are adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4). Please note that an adequacy review is separate from EPA’s completeness review, and it also should not be used to prejudge EPA’s ultimate approval of the SIP. Even if we find a budget adequate, the SIP could later be disapproved. We have described our process for determining the adequacy of submitted SIP budgets in 40 CFR 93.118(f). We have followed this rule in making our adequacy determination. The motor vehicle emissions budgets being found adequate today are listed in Table 1 and include direct PM2.5 and its precursor, NOX. EPA’s finding will also be announced on EPA’s conformity Web site: https://www.epa.gov/otaq/ stateresources/transconf/adequacy.htm. EPA Review EPA’s adequacy review of New York’s submitted budgets indicates that the budgets meet the adequacy criteria set forth by 40 CFR 93.118(e)(4), as follows: (i) The submitted control strategy implementation plan revision or maintenance plan was endorsed by the Governor (or his or her designee) and was subject to a State public hearing: The SIP revision was submitted to EPA by the Commissioner of the New York State Department of Environmental Conservation, who is the Governor’s designee. (ii) Before the control strategy implementation plan or maintenance plan was submitted to EPA, consultation among federal, State, and local agencies occurred; full implementation plan documentation was provided to EPA; and EPA’s stated concerns, if any, were addressed: New York State conducted an interagency consultation process involving EPA and USDOT, the New York State Department of Transportation and affected MPOs. All comments and concerns were addressed prior to the final submittal. (iii) The motor vehicle emissions budget(s) is clearly identified and precisely quantified: The budgets were clearly identified and quantified and are presented here in Table 1. (iv) The motor vehicle emissions budget(s), when considered together with all other emissions sources, is E:\FR\FM\03SER1.SGM 03SER1 54178 Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations consistent with applicable requirements for maintenance: The 2009, 2017 and 2025 budgets are less than the on-road mobile source inventory for 2007 that was shown to be consistent with attainment of the standards. The applicable state implementation plan demonstrates that the 2017 and 2025 budgets are consistent with maintenance when considered with all other sources for each respective year. The 2009 budgets were developed with all the information for the year 2009, including on-road activity in 2009. Because New York demonstrated attainment in this year to the applicable air quality standards, the 2009 budgets are therefore consistent with maintenance of the respective standards. (v) The motor vehicle emissions budget(s) is consistent with and clearly related to the emissions inventory and the control measures in the submitted control strategy implementation plan revision or maintenance plan: The budgets were developed from the onroad mobile source inventories, including all applicable state and Federal control measures. Inputs related to inspection and maintenance and fuels are consistent with New York State’s Federally-approved control programs. (vi) Revisions to previously submitted control strategy implementation plans or maintenance plans explain and document any changes to previously submitted budgets and control measures; impacts on point and area source emissions; any changes to established safety margins (see § 93.101 for definition); and reasons for the changes (including the basis for any changes related to emission factors or estimates of vehicle miles traveled): The submitted maintenance plan establishes new 2009, 2017 and 2025 budgets to ensure continued maintenance of the standards; therefore, this is not applicable. Adequacy Finding Today’s action is simply an announcement of a finding that we have already made. EPA Region 2 sent a letter to New York on August 19, 2013, stating that the 2009, 2017 and 2025 motor vehicle emissions budgets in New York’s SIP for the New York PM2.5 nonattainment areas are adequate because they are consistent with the required maintenance demonstration. In our letter we noted that there are existing approved and adequate budgets for 2009, but that the 2009 budgets contained in the submitted maintenance plans will be the most recent budgets in place to satisfy the latest Clean Air Act requirement and therefore will be the applicable 2009 budgets to be used in future transportation conformity determinations for analysis years prior to 2017. TABLE 1—PM2.5 MOTOR VEHICLE EMISSIONS BUDGETS FOR NEW YORK [Tons per year] New York Metropolitan Transportation Council & Orange County Transportation Council Direct PM2.5 2009 Motor Vehicle Emissions Budget ................................................................................................................... 2017 Motor Vehicle Emissions Budget ................................................................................................................... 2025 Motor Vehicle Emissions Budget ................................................................................................................... List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401–7671 q. Dated: August 19, 2013. Judith A. Enck, Regional Administrator, Region 2. [FR Doc. 2013–21266 Filed 8–30–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 pmangrum on DSK3VPTVN1PROD with RULES [EPA–R03–RCRA–2012–0294; FRL– 9900– 47–Region 3] Virginia: Final Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Immediate final rule. AGENCY: VerDate Mar<15>2010 14:09 Aug 30, 2013 Jkt 229001 This final authorization will become effective on November 4, 2013, unless EPA receives adverse written comments by October 3, 2013. If EPA receives any such comment, it will DATES: Virginia has applied to EPA for final authorization of revisions to its SUMMARY: hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these revisions satisfy all requirements needed to qualify for final authorization and is authorizing Virginia’s revisions through this immediate final action. EPA is publishing this rule to authorize the revisions without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments that oppose this authorization during the comment period, the decision to authorize Virginia’s revisions to its hazardous waste program will take effect. If we receive comments that oppose this action we will publish a document in the Federal Register withdrawing the relevant portions of this rule, before they take effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize revisions to Virginia’s program that were the subject of adverse comments. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 5,516.75 3,897.71 3,291.09 NOX 106,020.09 68,362.66 51,260.81 publish a timely withdrawal of this immediate final rule in the Federal Register and inform the public that this authorization will not take effect as scheduled. Submit your comments, identified by Docket ID No. EPA–R03– RCRA–2012–0294, by one of the following methods: 1. Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: barbieri.andrea@epa.gov. 3. Mail: Andrea Barbieri, Mailcode 3LC50, Office of State Programs, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103–2029. 4. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. You may inspect and copy Virginia’s application from 8:00 a.m. to 4:30 p.m., Monday through Friday at the following locations: Virginia Department of Environmental Quality, (VADEQ), Office of Regulatory Affairs, 629 East Main Street, Richmond, VA 23219, Phone number: (804) 698–4426, and EPA Region III Library, 2nd Floor, 1650 ADDRESSES: E:\FR\FM\03SER1.SGM 03SER1

Agencies

[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54177-54178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21266]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2013-0592; FRL-9900-59-Region2]


Adequacy Status of the Submitted 2009, 2017 and 2025 
PM2.5 Motor Vehicle Emission Budgets for Transportation 
Conformity Purposes for New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

-----------------------------------------------------------------------

SUMMARY: In this action, EPA is notifying the public that we have found 
the motor vehicle emissions budgets for PM2.5 and 
NOX in the submitted maintenance plan for the New York 
portions of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
PM2.5 nonattainment areas to be adequate for transportation 
conformity purposes. The transportation conformity rule requires that 
the EPA conduct a public process and make an affirmative decision on 
the adequacy of budgets before they can be used by metropolitan 
planning organizations (MPOs) in conformity determinations. As a result 
of our finding, the new 2009, 2017 and 2025 PM2.5 budgets 
are applicable to nine of the ten counties in the New York Metropolitan 
Transportation Council planning area (excluding Putnam County) and 
Orange County in the Orange County Transportation Council planning area 
and must be used for all future transportation conformity 
determinations.

DATES: This finding is effective September 18, 2013.

FOR FURTHER INFORMATION CONTACT: Melanie Zeman, Air Programs Branch, 
Environmental Protection Agency--Region 2, 290 Broadway, 25th Floor, 
New York, New York 10007-1866, (212) 637-4022, zeman.melanie@epa.gov.
    The finding and the response to comments will be available at EPA's 
conformity Web site: https://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

SUPPLEMENTARY INFORMATION: 

Background

    On June 27, 2013, New York State submitted a redesignation request 
and maintenance plan to EPA for the New York portion of the New York-
Northern New Jersey-Long Island, NY-NJ-CT PM2.5 
nonattainment areas. The purpose of New York's submittal was to request 
a redesignation to attainment for both the 1997 and 2006 
PM2.5 National Ambient Air Quality Standards (NAAQS) and 
submit a state implementation plan to provide for maintenance of the 
standard for the first ten years of a 20-year maintenance period. New 
York's request was pursuant to EPA's findings that that the New York 
area had attained the 1997 (75 FR 69589) and 2006 (77 FR 76867) 
PM2.5 NAAQS based on ambient air quality monitoring data. 
New York's submittal included motor vehicle emissions budgets 
(``budgets'') for 2009, 2017 and 2025 for use by the State's 
metropolitan planning organizations in making transportation conformity 
determinations. On July 15, 2013, EPA posted the availability of the 
budgets on our Web site for the purpose of soliciting public comments. 
The comment period closed on August 14, 2013, and we received no 
comments.
    New York State developed these budgets for the 1997 annual 
PM2.5 NAAQS and the 2006 24-hour PM2.5 NAAQS 
based on EPA's MOVES model. These budgets are for 2025, the last year 
of the maintenance plan as required, and two additional years, 2009 and 
2017, for the purpose of establishing budgets for the near-term. New 
York also determined that budgets based on annual emissions of direct 
PM2.5 and NOX, a precursor, are appropriate for 
the 2006 24-hour standard because exceedences of the standard were not 
isolated to one particular season; therefore, the budgets being found 
adequate today will be used by transportation agencies to meet 
conformity requirements for both the annual and 24-hour standards.
    The 2009 budgets were developed without an accompanying full 
emissions inventory. However, EPA believes that the 2009 budgets still 
meet all of the adequacy criteria, as described below. The 2009 budgets 
are consistent with attainment and maintenance of both the 1997 and 
2006 PM2.5 standards because of our earlier determinations 
that the New York portion of the New York-Northern New Jersey-Long 
Island, NY-NJ-CT PM2.5 nonattainment area had attained the 
standards based on monitored air quality that included the year 2009.

Adequacy Process

    Transportation conformity is required by section 176(c) of the 
Clean Air Act. EPA's conformity rule requires that transportation 
plans, programs, and projects conform to SIPs and establishes the 
criteria and procedures for determining whether or not they conform. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the National Ambient Air Quality Standards.
    The criteria by which we determine whether a SIP's motor vehicle 
emission budgets are adequate for conformity purposes are outlined in 
40 CFR 93.118(e)(4). Please note that an adequacy review is separate 
from EPA's completeness review, and it also should not be used to 
prejudge EPA's ultimate approval of the SIP. Even if we find a budget 
adequate, the SIP could later be disapproved.
    We have described our process for determining the adequacy of 
submitted SIP budgets in 40 CFR 93.118(f). We have followed this rule 
in making our adequacy determination. The motor vehicle emissions 
budgets being found adequate today are listed in Table 1 and include 
direct PM2.5 and its precursor, NOX. EPA's 
finding will also be announced on EPA's conformity Web site: https://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

EPA Review

    EPA's adequacy review of New York's submitted budgets indicates 
that the budgets meet the adequacy criteria set forth by 40 CFR 
93.118(e)(4), as follows:
    (i) The submitted control strategy implementation plan revision or 
maintenance plan was endorsed by the Governor (or his or her designee) 
and was subject to a State public hearing: The SIP revision was 
submitted to EPA by the Commissioner of the New York State Department 
of Environmental Conservation, who is the Governor's designee.
    (ii) Before the control strategy implementation plan or maintenance 
plan was submitted to EPA, consultation among federal, State, and local 
agencies occurred; full implementation plan documentation was provided 
to EPA; and EPA's stated concerns, if any, were addressed: New York 
State conducted an interagency consultation process involving EPA and 
USDOT, the New York State Department of Transportation and affected 
MPOs. All comments and concerns were addressed prior to the final 
submittal.
    (iii) The motor vehicle emissions budget(s) is clearly identified 
and precisely quantified: The budgets were clearly identified and 
quantified and are presented here in Table 1.
    (iv) The motor vehicle emissions budget(s), when considered 
together with all other emissions sources, is

[[Page 54178]]

consistent with applicable requirements for maintenance: The 2009, 2017 
and 2025 budgets are less than the on-road mobile source inventory for 
2007 that was shown to be consistent with attainment of the standards. 
The applicable state implementation plan demonstrates that the 2017 and 
2025 budgets are consistent with maintenance when considered with all 
other sources for each respective year. The 2009 budgets were developed 
with all the information for the year 2009, including on-road activity 
in 2009. Because New York demonstrated attainment in this year to the 
applicable air quality standards, the 2009 budgets are therefore 
consistent with maintenance of the respective standards.
    (v) The motor vehicle emissions budget(s) is consistent with and 
clearly related to the emissions inventory and the control measures in 
the submitted control strategy implementation plan revision or 
maintenance plan: The budgets were developed from the on-road mobile 
source inventories, including all applicable state and Federal control 
measures. Inputs related to inspection and maintenance and fuels are 
consistent with New York State's Federally-approved control programs.
    (vi) Revisions to previously submitted control strategy 
implementation plans or maintenance plans explain and document any 
changes to previously submitted budgets and control measures; impacts 
on point and area source emissions; any changes to established safety 
margins (see Sec.  93.101 for definition); and reasons for the changes 
(including the basis for any changes related to emission factors or 
estimates of vehicle miles traveled): The submitted maintenance plan 
establishes new 2009, 2017 and 2025 budgets to ensure continued 
maintenance of the standards; therefore, this is not applicable.

Adequacy Finding

    Today's action is simply an announcement of a finding that we have 
already made. EPA Region 2 sent a letter to New York on August 19, 
2013, stating that the 2009, 2017 and 2025 motor vehicle emissions 
budgets in New York's SIP for the New York PM2.5 
nonattainment areas are adequate because they are consistent with the 
required maintenance demonstration. In our letter we noted that there 
are existing approved and adequate budgets for 2009, but that the 2009 
budgets contained in the submitted maintenance plans will be the most 
recent budgets in place to satisfy the latest Clean Air Act requirement 
and therefore will be the applicable 2009 budgets to be used in future 
transportation conformity determinations for analysis years prior to 
2017.

       Table 1--PM2.5 Motor Vehicle Emissions Budgets for New York
                             [Tons per year]
------------------------------------------------------------------------
  New York Metropolitan Transportation
 Council & Orange County Transportation    Direct PM2.5         NOX
                 Council
------------------------------------------------------------------------
2009 Motor Vehicle Emissions Budget.....        5,516.75      106,020.09
2017 Motor Vehicle Emissions Budget.....        3,897.71       68,362.66
2025 Motor Vehicle Emissions Budget.....        3,291.09       51,260.81
------------------------------------------------------------------------

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements.

    Authority:  42 U.S.C. 7401-7671 q.

    Dated: August 19, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013-21266 Filed 8-30-13; 8:45 am]
BILLING CODE 6560-50-P
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