Approval and Promulgation of Implementation Plans; Carbon Monoxide Maintenance Plan, Conformity Budgets, Emissions Inventories; State of New York, 16265-16270 [2014-06585]
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Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules
from certain requirements of the Federal
Food, Drug, and Cosmetic Act.
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(c) By administrative order published
under section 513(f)(3) of the Federal
Food, Drug, and Cosmetic Act, the
Commissioner may, on the
Commissioner’s own initiative, change
the classification from class III under
section 513(f)(1) either to class II, if the
Commissioner determines that special
controls in addition to general controls
are necessary and sufficient to provide
reasonable assurance of the safety and
effectiveness of the device and there is
sufficient information to establish
special controls to provide such
assurance, or to class I if the
Commissioner determines that general
controls alone would provide
reasonable assurance of the safety and
effectiveness of the device. The
procedures are as follows:
(1) The Commissioner publishes a
proposed reclassification order in the
Federal Register seeking comment on
the proposed reclassification.
(2) Before or after the publication of
a proposed reclassification order, the
Commissioner may consult with the
appropriate classification panel with
respect to the reclassification of the
device. The panel will consider
reclassification in accordance with the
consultation procedures of § 860.125.
(3) Following consideration of
comments to a public docket and any
panel recommendations or comments,
the Commissioner may change the
classification of a device by final
administrative order published in the
Federal Register.
(d) An administrative order under this
section changing the classification of a
device from class III to class II may
establish the special controls necessary
to provide reasonable assurance of the
safety and effectiveness of the device.
■ 15. Amend § 860.136 as follows:
■ a. Revise the section heading,
paragraph (a), and paragraph (b)
introductory text;
■ b. Remove paragraph (b)(3);
■ c. Redesignate paragraphs (b)(4)
through (6) as paragraphs (b)(3) through
(5), respectively;
■ d. Revise newly redesignated
paragraph (b)(4); and
■ e. Add paragraphs (c) and (d).
The revisions and additions read as
follows:
§ 860.136 Procedures for transitional
products under section 520(l) of the Federal
Food, Drug, and Cosmetic Act.
(a) Section 520(l)(2) of the Federal
Food, Drug, and Cosmetic Act applies to
reclassification proceedings initiated by
the Commissioner or in response to a
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request by a manufacturer or importer
for reclassification of a device currently
in class III by operation of section
520(l)(1). This section applies only to
devices that the Food and Drug
Administration regarded as ‘‘new
drugs’’ before May 28, 1976.
(b) The procedures for effecting
reclassification under section 520(l) of
the Federal Food, Drug, and Cosmetic
Act when initiated by a manufacturer or
importer are as follows:
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(4) Within 180 days after the petition
is filed (where the Commissioner has
determined it to be adequate for review),
the Commissioner, by order in the form
of a letter to the petitioner, either denies
the petition or classifies the device into
class I or class II in accordance with the
criteria set forth in § 860.3.
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(c) By administrative order, the
Commissioner may, on the
Commissioner’s own initiative, change
the classification from class III under
section 520(l) of the Federal Food, Drug,
and Cosmetic Act either to class II, if the
Commissioner determines that special
controls in addition to general controls
are necessary and sufficient to provide
reasonable assurance of the safety and
effectiveness of the device and there is
sufficient information to establish
special controls to provide such
assurance, or to class I if the
Commissioner determines that general
controls alone would provide
reasonable assurance of the safety and
effectiveness of the device. The
procedures are as follows:
(1) The Commissioner publishes a
proposed reclassification order in the
Federal Register seeking comment on
the proposed reclassification.
(2) Before or after the publication of
a proposed reclassification order, the
Commissioner may consult with the
appropriate classification panel with
respect to the reclassification of the
device. The panel will consider
reclassification in accordance with the
consultation procedures of § 860.125.
(3) Following consideration of
comments to a public docket and any
panel recommendations or comments,
the Commissioner may change the
classification of a device by final
administrative order published in the
Federal Register.
(d) An administrative order under this
section changing the classification of a
device from class III to class II may
establish the special controls necessary
to provide reasonable assurance of the
safety and effectiveness of the device.
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Dated: March 18, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014–06364 Filed 3–21–14; 11:15 am]
BILLING CODE 4160–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R02–OAR–2014–0182;
FRL–9908–44–Region–2]
Approval and Promulgation of
Implementation Plans; Carbon
Monoxide Maintenance Plan,
Conformity Budgets, Emissions
Inventories; State of New York
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the New York
State Department of Environmental
Conservation. This revision will
establish an updated ten-year carbon
monoxide (CO) maintenance plan for
the New York portion of the New YorkNorthern New Jersey-Long Island
(NYCMA) CO area which includes the
following seven counties: Bronx, Kings,
Nassau, New York, Queens, Richmond
and Westchester. In addition, EPA
proposes to approve a revision to the CO
motor vehicle emissions budgets for
New York and revisions to the 2007
Attainment/Base Year emissions
inventory.
The New York portion of the NYCMA
CO area was redesignated to attainment
of the CO National Ambient Air Quality
Standard (NAAQS) on April 19, 2002
and maintenance plans were also
approved at that time. By this action,
EPA is proposing to approve the second
maintenance plan for this area because
it provides for continued attainment for
an additional ten years of the CO
NAAQS.
SUMMARY:
Comments must be received on
or before April 24, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–2014–0182, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: Ruvo.Richard@epa.gov.
• Fax: 212–637–3901.
• Mail: Richard Ruvo, Chief, Air
Programs Branch, Environmental
Protection Agency, Region 2 Office, 290
DATES:
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Broadway, 25th Floor, New York, New
York 10007–1866.
Hand Delivery: Richard Ruvo, 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–2014–
0182. 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 www.regulations.gov
or email. 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 email
comment directly to EPA without going
through www.regulations.gov your email
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.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
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Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York,
New York 10007–1866. EPA requests, if
at all possible, that you contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the docket. You may
view the hard copy of the docket
Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Henry Feingersh feingersh.henry@
epa.gov for general questions, Raymond
Forde forde.raymond@epa.gov for
emissions inventory questions, or
Melanie Zeman zeman.melanie@
epa.gov for mobile source related
questions at the U.S. Environmental
Protection Agency, Air Programs
Branch, 290 Broadway, 25th Floor, New
York, NY 10007–1866, telephone
number (212) 637–4249, fax number
(212) 637–3901.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. What is the nature of EPA’s action?
II. What is the Carbon Monoxide Limited
Maintenance Plan for the New York
portion of the New York-Northern New
Jersey-Long Island Carbon Monoxide
area?
III. What is included in a maintenance plan?
A. Attainment Inventory
B. Maintenance Demonstration
C. Monitoring Network
D. Verification of Continued Attainment
E. Contingency Plan
1. Control Measures
2. Contingency Measures
F. Conformity
IV. What is the New York emissions
inventory?
V. What action is EPA proposing to take?
VI. Statutory and Executive Order Reviews
I. What is the nature of EPA’s action?
EPA is proposing to approve an
updated ten-year carbon monoxide (CO)
maintenance plan for the New York
portion of the New York-Northern New
Jersey-Long Island (NYCMA) CO area.
On April 19, 2002, the EPA approved a
request from New York to redesignate
the New York portion of the NYCMA
CO area to attainment of the CO
National Ambient Air Quality Standard
(NAAQS) (67 FR 19337). In addition,
the EPA also approved at that time a
ten-year CO maintenance plan for the
area. The Clean Air Act (the Act)
requires that an area redesignated to
attainment of the CO NAAQS must
submit a second ten-year CO
maintenance Plan to show how the area
will continue to attain the CO standard
for an additional ten years. On May 9,
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2013, New York submitted a second tenyear CO maintenance plan for the New
York portion of the NYCMA CO area
and requested that EPA approve the
plan. The following sections describe
how the EPA made its determination
proposing to approve the second tenyear maintenance plan. EPA is also
proposing to approve a revision to the
CO motor vehicle emissions budgets for
New York. This additional State
Implementation Plan (SIP) revision is
discussed in section II.B.6. A more
detailed discussion of EPA’s review and
proposed action is found in the
Technical Support Document available
in the Docket for this action, and by
contacting the individuals in the For
Further Information Section.
II. What is the Carbon Monoxide
Limited Maintenance Plan for the New
York portion of the New York-Northern
New Jersey-Long Island Carbon
Monoxide area?
A maintenance plan is a SIP revision
that must demonstrate continued
attainment of the applicable NAAQS in
the maintenance area for at least ten
years. The Act requires that a second
ten-year plan be submitted in order to
assure that the area will continue to stay
in compliance with the relevant
NAAQS. For the NYCMA CO area, the
New York State Department of
Environmental Conservation is
proposing to utilize EPA’s limited
maintenance plan approach, as detailed
in the EPA guidance memorandum,
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment
Areas’’ from Joseph Paisie, Group
Leader, Integrated Policy and Strategies
Group, Office of Air Quality and
Planning Standards OAQPS, dated
October 6, 1995. Pursuant to this
approach, EPA will consider the
maintenance demonstration satisfied for
areas if the monitoring data show the
design value is at or below 7.65 parts
per million (ppm), or 85 percent of the
level of the 8-hour CO NAAQS. The
design value must be based on eight
consecutive quarters of data. For such
areas, there is no requirement to project
emissions of air quality over the
maintenance period. EPA believes if the
area begins the maintenance period at,
or below, 85 percent of the CO 8 hour
NAAQS, the applicability of Prevention
of Significant Deterioration (PSD)
requirements, the control measures
already in the SIP, and Federal
measures, should provide adequate
assurance of maintenance over the
initial 10-year maintenance period. In
addition, the design value for the area
must continue to be at or below 7.65
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ppm until the time of final EPA action
on the redesignation.
III. What is included in a maintenance
plan?
Section 175A of the Act sets forth the
elements of maintenance plans for areas
seeking redesignation from
nonattainment to attainment. The initial
and subsequent ten-year plans must
each demonstrate continued attainment
of the applicable NAAQS for at least ten
years after approval. EPA is proposing
action on the second ten-year
maintenance plan which covers the
period from 2012 through 2022. The
specific elements of a maintenance plan
are:
A. Attainment Inventory
EPA’s October 6, 1995 Limited
Maintenance Plan guidance states that
for inventory purposes the state is only
required to submit an attainment
inventory to EPA that is based on
monitoring data which shows
attainment. There is no requirement to
project emissions over the maintenance
period. The calendar year inventory
selected for the attainment inventory is
2007. This means if 2007 is a calendar
year which has monitoring data which
demonstrates attainment of the
standard, the 2007 base year inventory
can be used as the attainment year
inventory and no projection inventories
are required over the years of the
maintenance period. Only calendar year
2007 summary emissions data (based on
winter season day) are required. In
addition, the inventory should be
consistent with EPA’s most recent
guidance on emission inventories for
nonattainment areas available at the
time and should include emissions
during the time period associated with
the monitoring data showing
attainment.
New York submitted a limited
maintenance plan which included a
2007 base year emissions inventory. The
2007 inventory is also classified as the
attainment year inventory for the
limited maintenance plan. New York
has elected 2007 because it is the
attainment year base year that will be
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used for the limited maintenance plan
and 2007 represents one of the years of
violation free monitored data in the
area. The inventory included peak
winter season daily emissions from
stationary point, stationary area, nonroad mobile, and on-road mobile
sources of CO. These emission estimates
were prepared in accordance with EPA
guidance.
EPA is proposing to approve the CO
inventory for the counties of Bronx,
Kings, Nassau, New York, Queens,
Richmond and Westchester. Details of
the inventory review are located in
section VII. A. of this action. A more
detailed discussion of how the emission
inventory was reviewed and the results
of EPA’s review are presented in the
technical support document.
Table 1 presents a summary of the
2007 CO peak winter season daily
emissions estimates in tons per day for
the NYCMA CO area. Again, under the
Limited Maintenance Plan guidance,
there is no requirement to project
emissions over the maintenance period.
TABLE 1—2007 BASE YEAR INVENTORY NYCMA CO AREA
[Tons/peak winter season day]
County
Point
Area
Off-highway
mobile
Highway
mobile
Total
Bronx ....................................................................................
Kings ....................................................................................
Nassau .................................................................................
New York .............................................................................
Queens .................................................................................
Richmond .............................................................................
Westchester .........................................................................
1.77
2.81
3.52
4.21
7.71
1.48
1.11
77.18
149.41
81.07
141.96
125.77
25.57
60.18
29.38
96.40
118.93
230.59
102.03
21.12
81.66
156.54
263.40
580.89
202.87
441.15
130.41
382.66
264.87
510.22
784.40
579.64
675.66
178.58
525.62
Total ..............................................................................
22.61
661.14
678.31
2,257.93
3,519.99
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B. Maintenance Demonstration
C. Monitoring Network
New York has met the Limited
Maintenance Plan air quality criteria
requirement by demonstrating that its
highest monitored design value is less
than 85 percent (7.65 parts per million)
of the CO standard of 9.0 parts per
million. The highest monitored design
value in the NYCMA CO area for the
2012–2013 design year was 2.5 parts per
million at a monitoring site in New
Jersey. The highest monitored design
value measured in the New York State
portion of the NYCMA CO area was 1.5
parts per million. In addition, New York
commits to continued implementation
of all other Federal and State measures
already implemented as part of its CO
SIP. Thus, according to the Limited
Maintenance Guidance, emission
projections are not required.
New York continues to operate its CO
monitoring network and will continue
to work with the EPA through the air
monitoring network review process as
required by 40 CFR Part 58 to determine
the adequacy of its network. New York
will continue annual reviews of its data
in order to verify continued attainment
of the NAAQS. As mentioned earlier, all
of New York’s 8-hour design values are
well below the 9.0 ppm 8-hour NAAQS
for CO with the highest monitor in the
New York portion of the NYCMA
reading 1.5 ppm, as shown in Table 2.
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TABLE 2—DESIGN VALUES FOR CO IN
NEW YORK
[8-Hour standard—9 parts per million]
Monitoring location
200th Street, Bronx ..................
160 Convent Ave., New York ...
Queens College, Queens .........
2012–2013
Design
value
(parts per
million)
1.5
1.3
1.1
In its SIP revision, New York used the
2010–2011 design values. EPA reviewed
more recent data in addition to the
2010–2011 data and found the
maximum 2012–2013 design value for
New York to be 1.5 ppm, which
continues to show attainment of the
NAAQS.
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D. Verification of Continued Attainment
New York will verify that the New
York portion of the NYCMA CO area
continues to attain the CO NAAQS
through an annual review of its
monitoring data. If any design value
exceeds 7.65 ppm, New York will
coordinate with EPA Region 2 to verify
and evaluate the data and then, if
warranted, develop a full maintenance
plan for the affected maintenance area.
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E. Contingency Plan
Section 175A (d) of the Act requires
that a maintenance plan include a
contingency plan which includes
contingency measures, as necessary, to
promptly correct any violation of the
NAAQS that occurs after redesignation
of the area. Contingency measures do
not have to be fully adopted at the time
of redesignation. However, the
contingency plan is considered to be an
enforceable part of the SIP and should
ensure that the contingency measures
are adopted expeditiously once they are
triggered by a specified event. In
addition, the contingency plan includes
a requirement that the State continue to
implement all control measures used to
bring the area into attainment.
The triggers specified in New York’s
previous maintenance plan are included
in this Limited Maintenance Plan. If air
quality monitoring data indicate that the
CO NAAQS were exceeded, New York
will analyze the data to determine the
cause of the violation. If it is determined
that the violation was caused by a nonlocal motor vehicle usage event, then
the State will institute the contingency
measures described below.
1. Control Measures
New York has implemented a number
of measures to control motor vehicle CO
emissions. Emission reductions
achieved through the implementation of
these control measures are enforceable.
These measures include the Federal
Motor Vehicle Control Program, Federal
reformulated gasoline, New York’s pre1990 modifications to its inspection and
maintenance (I/M) program, and local
control measures relied on in the SIP.
The State of New York has
demonstrated that actual enforceable
emission reductions are responsible for
the air quality improvement and that the
CO emissions in the base year are not
artificially low due to local economic
downturn. EPA finds that the
combination of existing EPA-approved
SIP and Federal measures contribute to
the permanence and enforceability of
reductions in ambient CO levels that
have allowed the New York portion of
the NYCMA CO area to attain the
NAAQS since 1992.
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New York commits to continuing to
implement all control measures used to
bring the area into attainment.
2. Contingency Measures
The State plans to continue to use the
contingency measure from the original
maintenance plan. The plan included
implementation of an enhanced I/M
program. This program is fully
operational and the State commits to
meet the performance standard for an
enhanced I/M program in an effort to
maintain the CO NAAQS. Although the
plan is currently in place, EPA guidance
allows for it to act as a contingency
measure. In addition, since we had
approved this measure in the previous
maintenance plan, we are proposing to
approve it in this action.
F. Conformity
Section 176(c) of the Act defines
conformity as meeting the SIP’s purpose
of eliminating or reducing the severity
and number of violations of the NAAQS
and achieving expeditious attainment of
such standards. The Act further defines
transportation conformity to mean that
no Federal transportation activity will:
(1) Cause or contribute to any new
violation of any standard in any area; (2)
increase the frequency or severity of any
existing violation of any standard in any
area; or (3) delay timely attainment of
any standard or any required interim
emission reductions or other milestones
in any area. The Federal transportation
conformity rule, 40 CFR part 93 subpart
A, sets forth the criteria and procedures
for demonstrating and assuring
conformity of transportation plans,
programs and projects which are
developed, funded or approved by the
U.S. Department of Transportation, and
by metropolitan planning organizations
or other recipients of Federal funds
under Title 23 U.S.C. or the Federal
Transit Laws (49 U.S.C. chapter 53).
The transportation conformity rule
applies within all nonattainment and
maintenance areas. As prescribed by the
transportation conformity rule, once an
area has an applicable SIP with motor
vehicle emissions budgets (MVEB), the
expected emissions from planned
transportation activities must be
consistent with such established
budgets for that area.
In the case of the NYCMA CO area,
however, the emissions budgets may be
treated as essentially not constraining
for the length of this second
maintenance period as long as the area
continues to meet the limited
maintenance criteria, because there is
no reason to expect that these areas will
experience so much growth in that
period that a violation of the CO
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NAAQS would result. In other words,
emissions from on-road transportation
sources need not be capped for the
maintenance period because it is
unreasonable to believe that emissions
from such sources would increase to a
level that would threaten the air quality
in this area for the duration of this
maintenance period. Therefore, for the
limited maintenance plan CO
maintenance area, all Federal actions
that require conformity determinations
under the transportation conformity rule
are considered to satisfy the regional
emissions analysis and ’’budget test’’
requirements in 40 CFR 93.118 of the
rule.
Since limited maintenance plan areas
are still maintenance areas, however,
transportation conformity
determinations are still required for
transportation plans, programs and
projects. Specifically, for such
determinations, transportation plans,
transportation improvement programs,
and projects must still demonstrate that
they are fiscally constrained (40 CFR
part 108) and must meet the criteria for
consultation and Transportation Control
Measure (TCM) implementation in the
conformity rule (40 CFR 93.112 and 40
CFR 93.113, respectively). In addition,
projects in limited maintenance areas
will still be required to meet the criteria
for CO hot spot analyses to satisfy
‘‘project level’’ conformity
determinations (40 CFR 93.116 and 40
CFR 93.123) which must incorporate the
latest planning assumptions and models
that are available. All aspects of
transportation conformity (with the
exception of satisfying the emission
budget test) will still be required.
If the NYCMA CO area should
monitor CO concentrations at or above
the limited maintenance eligibility
criteria or 7.65 parts per million then
this maintenance area would no longer
qualify for a limited maintenance plan
and would revert to a full maintenance
plan. In this event, the limited
maintenance plan would remain
applicable for conformity purposes only
until the full maintenance plan is
submitted and EPA has found its motor
vehicle emissions budget adequate for
conformity purposes or EPA approves
the full maintenance plan SIP revision.
At that time regional emissions analyses
would resume as a transportation
conformity criteria.
EPA has also posted the Limited
Maintenance plan for the NYCMA CO
area on our Transportation Conformity
Adequacy Web site for a thirty day
public comment period beginning June
11, 2013. No public comments were
received.
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IV. What is the New York emissions
inventory?
Section 182(a)(3) and 172(c)(3) of the
Act requires the periodic submission of
a base inventory for SIP planning
processes to address the pollutants for
the eight hour-ozone, PM2.5 and CO
national ambient air quality standard.
Identifying the base year gives certainty
to states that requires submission of the
ozone, PM2.5 and CO emission
inventories periodically. These
requirements allow the EPA, based on
the states’ progress in reducing
emissions, to periodically reassess its
policies and air quality standards and
revise them as necessary. Most
important, the ozone, PM2.5 and CO
inventories will be used to develop and
assess new control strategies that the
states will need to submit in their
attainment demonstration SIPs for the
new national ambient air quality
standards for ozone, PM2.5 and for CO.
The base year inventory may also serve
as part of statewide inventories for
purposes of regional modeling in
transport areas. The base year inventory
plays an important role in modeling
demonstrations for areas classified as
nonattainment and outside transport
regions. For the reasons stated above,
ideally EPA would therefore emphasize
the importance and benefits of
developing a comprehensive, current,
and accurate emission inventory
(similar to the 1990 base year inventory
effort). In this case, the 2007 base year
has been selected as the inventory that
will be used for planning purposes for
the NYCMA CO area.
There are specific components of an
acceptable emission inventory. The
emission inventory must meet certain
minimum requirements for reporting
each source category. Specifically, the
source requirements are detailed below.
The review process, which is
described in supporting documentation,
is used to determine that all
components of the base year inventory
are present. This review also evaluates
the level of supporting documentation
provided by the state, assesses whether
the emissions were developed according
to current EPA guidance, and evaluates
the quality of the data.
The review process is outlined here
and consists of 8 points that the
inventory must include. For a base year
emission inventory to be acceptable, it
must pass all of the following
acceptance criteria:
1. Evidence that the inventory was
quality assured by the state and its
implementation documented.
2. The point source inventory was
complete.
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3. Point source emissions were
prepared or calculated according to the
current EPA guidance.
4. The area source inventory was
complete.
5. The area source emissions were
prepared or calculated according to the
current EPA guidance.
6. Non-road mobile emissions were
prepared according to current EPA
guidance for all of the source categories.
7. The method (e.g., HPMS or a
network transportation planning model)
used to develop VMT estimates
followed EPA guidance.
8. The MOBILE model was correctly
used to produce emission factors for
each of the vehicle classes.
Based on EPA’s review, New York
satisfied all of EPA’s requirements for
purposes of providing a comprehensive,
accurate, and current inventory of actual
emissions for CO areas. Where
applicable, CO peak winter season daily
emissions are provided for CO
nonattainment area. The inventory was
developed in accordance with Emission
Inventory Guidance for Implementation
of Ozone and Particulate Matter
NAAQS and Regional Haze Regulation,
dated August 2005. A summary of EPA’s
review is given below:
1. The Quality Assurance (QA) plan
was implemented for all portions of the
inventory. The QA plan included a QA/
Quality control (QC) program for
assessing data completeness and
standard range checking. Critical data
elements relative to the inventory
sources were assessed for completeness.
QA checks were performed relative to
data collection and analysis, and double
counting of emissions from point, area
and mobile sources. QA/QC checks
were conducted to ensure accuracy of
units, unit conversions, transposition of
figures, and calculations.
2. The inventory is well documented.
New York provided documentation
detailing the methods used to develop
emissions estimates for each category. In
addition, New York identified the
sources of data used in developing the
inventory.
3. The point source emissions are
complete in accordance with EPA
guidance.
4. The point source emissions were
prepared/calculated in accordance with
EPA guidance.
5. The area source emissions are
complete and were prepared/calculated
in accordance with EPA guidance.
6. Emission estimates for the non-road
mobile source categories were correctly
based on the latest non-road mobile
model and prepared in accordance with
EPA guidance.
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16269
7. The method used to develop VMT
estimates was in accordance with EPA
guidance and was adequately described
and documented in the inventory
report.
8. Latest Mobile model was used
correctly for each of the vehicle classes.
The 2007 base year inventory has been
developed in accordance with EPA
guidance. Therefore, EPA is proposing
to approve the 2007 base year CO
emission inventory.
A more detailed discussion of how
the emission inventory was reviewed
and the results of the review are
presented in the technical support
document. Detailed emission inventory
development procedures can be found
in the following document: Emission
Inventory Guidance for Implementation
of Ozone and Particulate Matter
NAAQS and Regional Haze Regulation,
dated August 2005. See Table 1 for a
summary of 2007 CO peak winter
season daily emission estimates by
source sector and by county for the
NYCMA CO area.
V. What action is EPA proposing to
take?
EPA has evaluated New York’s
submittals for consistency with the Act
and Agency regulations and policy. EPA
is proposing to approve New York’s CO
limited maintenance plan because it
meets the requirements set forth in
section 175A of the Act and continues
to demonstrate that the NAAQS for CO
will continue to be met for the next ten
years. EPA is proposing to approve the
revisions to the CO motor vehicle
emissions budgets for New York.
Finally, this notice also proposes to
approve revisions to the 2007 base year
emission inventories.
EPA views the SIP revisions proposed
in today’s proposal as separable actions.
This means that if EPA receives adverse
comments on particular portions of this
notice and not on other portions, EPA
may choose not to take final action at
the same time in a single notice on all
of these SIP revisions. Instead, EPA may
choose to take final action on these SIP
revisions in separate notices.
Interested parties may participate in
the Federal rulemaking procedure by
submitting written comments to the
EPA Region 2 Office by one of the
methods discussed in the ADDRESSES
section of this action.
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
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40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
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Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 10, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2014–06585 Filed 3–24–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2012–0707; A–1–FRL–
9908–36–Region 1]
Approval and Promulgation of State
Plans (Negative Declarations) for
Designated Facilities and Pollutants:
Connecticut, Maine, New Hampshire,
and Vermont; Withdrawal of State Plan
for Designated Facilities and
Pollutants: New Hampshire; Technical
Corrections to Approved State Plans
(Negative Declarations): Rhode Island
and Vermont
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
negative declarations for hospital/
medical/infectious waste incinerators
(HMIWI) for the State of Connecticut
and the State of New Hampshire and
negative declarations for sewage sludge
incinerators (SSI) for the State of Maine
and the State of Vermont. EPA is also
proposing to approve the withdrawal of
a previously-approved State Plan for
HMIWI in the State of New Hampshire.
Lastly, EPA is proposing technical
corrections to Clean Air Act Sections
111(d) and 129 State Plan (Negative
Declaration) approvals for Other Solid
Waste Incinerators (OSWI) for the State
of Rhode Island and the State of
Vermont.
DATES: Written comments must be
received on or before April 24, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2012–0707 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: mcdonnell.ida@epa.gov.
3. Fax: (617) 918–0653.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2013–0109’’,
Ida McDonnell, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Permits, Toxic, & Indoor
SUMMARY:
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Programs Unit, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912.
5. Hand Delivery or Courier. Deliver
your comments to: Ida McDonnell, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Permits,
Toxic, & Indoor Programs Unit, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912.
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 a.m. to
4:30 p.m., excluding legal holidays.
Please see the direct final rule which
is located in the Rules Section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Patrick Bird, Air Permits, Toxic, &
Indoor Programs Unit, Air Programs
Branch, Office of Ecosystem Protection,
U.S. Environmental Protection Agency,
Region 1, 5 Post Office Square, Mail
Code: OEP05–2, Boston, MA, 02109–
0287. The telephone number is (617)
918–1287. Mr. Bird can also be reached
via electronic mail at bird.patrick@
epa.gov.
In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
State Plan revisions as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action rule,
no further activity is contemplated. If
EPA receives adverse comments, the
direct final rule will be withdrawn and
all public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
For additional information, see the
direct final rule which is located in the
Rules Section of this Federal Register.
SUPPLEMENTARY INFORMATION:
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[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Proposed Rules]
[Pages 16265-16270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06585]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2014-0182; FRL-9908-44-Region-2]
Approval and Promulgation of Implementation Plans; Carbon
Monoxide Maintenance Plan, Conformity Budgets, Emissions Inventories;
State of New York
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the New
York State Department of Environmental Conservation. This revision will
establish an updated ten-year carbon monoxide (CO) maintenance plan for
the New York portion of the New York-Northern New Jersey-Long Island
(NYCMA) CO area which includes the following seven counties: Bronx,
Kings, Nassau, New York, Queens, Richmond and Westchester. In addition,
EPA proposes to approve a revision to the CO motor vehicle emissions
budgets for New York and revisions to the 2007 Attainment/Base Year
emissions inventory.
The New York portion of the NYCMA CO area was redesignated to
attainment of the CO National Ambient Air Quality Standard (NAAQS) on
April 19, 2002 and maintenance plans were also approved at that time.
By this action, EPA is proposing to approve the second maintenance plan
for this area because it provides for continued attainment for an
additional ten years of the CO NAAQS.
DATES: Comments must be received on or before April 24, 2014.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2014-0182, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: Ruvo.Richard@epa.gov.
Fax: 212-637-3901.
Mail: Richard Ruvo, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290
[[Page 16266]]
Broadway, 25th Floor, New York, New York 10007-1866.
Hand Delivery: Richard Ruvo, 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-
2014-0182. 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 www.regulations.gov or email. 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 email comment
directly to EPA without going through www.regulations.gov your email
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.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. EPA requests, if at all
possible, that you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Henry Feingersh
feingersh.henry@epa.gov for general questions, Raymond Forde
forde.raymond@epa.gov for emissions inventory questions, or Melanie
Zeman zeman.melanie@epa.gov for mobile source related questions at the
U.S. Environmental Protection Agency, Air Programs Branch, 290
Broadway, 25th Floor, New York, NY 10007-1866, telephone number (212)
637-4249, fax number (212) 637-3901.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What is the nature of EPA's action?
II. What is the Carbon Monoxide Limited Maintenance Plan for the New
York portion of the New York-Northern New Jersey-Long Island Carbon
Monoxide area?
III. What is included in a maintenance plan?
A. Attainment Inventory
B. Maintenance Demonstration
C. Monitoring Network
D. Verification of Continued Attainment
E. Contingency Plan
1. Control Measures
2. Contingency Measures
F. Conformity
IV. What is the New York emissions inventory?
V. What action is EPA proposing to take?
VI. Statutory and Executive Order Reviews
I. What is the nature of EPA's action?
EPA is proposing to approve an updated ten-year carbon monoxide
(CO) maintenance plan for the New York portion of the New York-Northern
New Jersey-Long Island (NYCMA) CO area. On April 19, 2002, the EPA
approved a request from New York to redesignate the New York portion of
the NYCMA CO area to attainment of the CO National Ambient Air Quality
Standard (NAAQS) (67 FR 19337). In addition, the EPA also approved at
that time a ten-year CO maintenance plan for the area. The Clean Air
Act (the Act) requires that an area redesignated to attainment of the
CO NAAQS must submit a second ten-year CO maintenance Plan to show how
the area will continue to attain the CO standard for an additional ten
years. On May 9, 2013, New York submitted a second ten-year CO
maintenance plan for the New York portion of the NYCMA CO area and
requested that EPA approve the plan. The following sections describe
how the EPA made its determination proposing to approve the second ten-
year maintenance plan. EPA is also proposing to approve a revision to
the CO motor vehicle emissions budgets for New York. This additional
State Implementation Plan (SIP) revision is discussed in section
II.B.6. A more detailed discussion of EPA's review and proposed action
is found in the Technical Support Document available in the Docket for
this action, and by contacting the individuals in the For Further
Information Section.
II. What is the Carbon Monoxide Limited Maintenance Plan for the New
York portion of the New York-Northern New Jersey-Long Island Carbon
Monoxide area?
A maintenance plan is a SIP revision that must demonstrate
continued attainment of the applicable NAAQS in the maintenance area
for at least ten years. The Act requires that a second ten-year plan be
submitted in order to assure that the area will continue to stay in
compliance with the relevant NAAQS. For the NYCMA CO area, the New York
State Department of Environmental Conservation is proposing to utilize
EPA's limited maintenance plan approach, as detailed in the EPA
guidance memorandum, ``Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas'' from Joseph Paisie, Group
Leader, Integrated Policy and Strategies Group, Office of Air Quality
and Planning Standards OAQPS, dated October 6, 1995. Pursuant to this
approach, EPA will consider the maintenance demonstration satisfied for
areas if the monitoring data show the design value is at or below 7.65
parts per million (ppm), or 85 percent of the level of the 8-hour CO
NAAQS. The design value must be based on eight consecutive quarters of
data. For such areas, there is no requirement to project emissions of
air quality over the maintenance period. EPA believes if the area
begins the maintenance period at, or below, 85 percent of the CO 8 hour
NAAQS, the applicability of Prevention of Significant Deterioration
(PSD) requirements, the control measures already in the SIP, and
Federal measures, should provide adequate assurance of maintenance over
the initial 10-year maintenance period. In addition, the design value
for the area must continue to be at or below 7.65
[[Page 16267]]
ppm until the time of final EPA action on the redesignation.
III. What is included in a maintenance plan?
Section 175A of the Act sets forth the elements of maintenance
plans for areas seeking redesignation from nonattainment to attainment.
The initial and subsequent ten-year plans must each demonstrate
continued attainment of the applicable NAAQS for at least ten years
after approval. EPA is proposing action on the second ten-year
maintenance plan which covers the period from 2012 through 2022. The
specific elements of a maintenance plan are:
A. Attainment Inventory
EPA's October 6, 1995 Limited Maintenance Plan guidance states that
for inventory purposes the state is only required to submit an
attainment inventory to EPA that is based on monitoring data which
shows attainment. There is no requirement to project emissions over the
maintenance period. The calendar year inventory selected for the
attainment inventory is 2007. This means if 2007 is a calendar year
which has monitoring data which demonstrates attainment of the
standard, the 2007 base year inventory can be used as the attainment
year inventory and no projection inventories are required over the
years of the maintenance period. Only calendar year 2007 summary
emissions data (based on winter season day) are required. In addition,
the inventory should be consistent with EPA's most recent guidance on
emission inventories for nonattainment areas available at the time and
should include emissions during the time period associated with the
monitoring data showing attainment.
New York submitted a limited maintenance plan which included a 2007
base year emissions inventory. The 2007 inventory is also classified as
the attainment year inventory for the limited maintenance plan. New
York has elected 2007 because it is the attainment year base year that
will be used for the limited maintenance plan and 2007 represents one
of the years of violation free monitored data in the area. The
inventory included peak winter season daily emissions from stationary
point, stationary area, non-road mobile, and on-road mobile sources of
CO. These emission estimates were prepared in accordance with EPA
guidance.
EPA is proposing to approve the CO inventory for the counties of
Bronx, Kings, Nassau, New York, Queens, Richmond and Westchester.
Details of the inventory review are located in section VII. A. of this
action. A more detailed discussion of how the emission inventory was
reviewed and the results of EPA's review are presented in the technical
support document.
Table 1 presents a summary of the 2007 CO peak winter season daily
emissions estimates in tons per day for the NYCMA CO area. Again, under
the Limited Maintenance Plan guidance, there is no requirement to
project emissions over the maintenance period.
Table 1--2007 Base Year Inventory NYCMA CO Area
[Tons/peak winter season day]
----------------------------------------------------------------------------------------------------------------
Off-highway
County Point Area mobile Highway mobile Total
----------------------------------------------------------------------------------------------------------------
Bronx........................... 1.77 77.18 29.38 156.54 264.87
Kings........................... 2.81 149.41 96.40 263.40 510.22
Nassau.......................... 3.52 81.07 118.93 580.89 784.40
New York........................ 4.21 141.96 230.59 202.87 579.64
Queens.......................... 7.71 125.77 102.03 441.15 675.66
Richmond........................ 1.48 25.57 21.12 130.41 178.58
Westchester..................... 1.11 60.18 81.66 382.66 525.62
-------------------------------------------------------------------------------
Total....................... 22.61 661.14 678.31 2,257.93 3,519.99
----------------------------------------------------------------------------------------------------------------
B. Maintenance Demonstration
New York has met the Limited Maintenance Plan air quality criteria
requirement by demonstrating that its highest monitored design value is
less than 85 percent (7.65 parts per million) of the CO standard of 9.0
parts per million. The highest monitored design value in the NYCMA CO
area for the 2012-2013 design year was 2.5 parts per million at a
monitoring site in New Jersey. The highest monitored design value
measured in the New York State portion of the NYCMA CO area was 1.5
parts per million. In addition, New York commits to continued
implementation of all other Federal and State measures already
implemented as part of its CO SIP. Thus, according to the Limited
Maintenance Guidance, emission projections are not required.
C. Monitoring Network
New York continues to operate its CO monitoring network and will
continue to work with the EPA through the air monitoring network review
process as required by 40 CFR Part 58 to determine the adequacy of its
network. New York will continue annual reviews of its data in order to
verify continued attainment of the NAAQS. As mentioned earlier, all of
New York's 8-hour design values are well below the 9.0 ppm 8-hour NAAQS
for CO with the highest monitor in the New York portion of the NYCMA
reading 1.5 ppm, as shown in Table 2.
Table 2--Design Values for CO in New York
[8-Hour standard--9 parts per million]
------------------------------------------------------------------------
2012-2013
Design
Monitoring location value
(parts per
million)
------------------------------------------------------------------------
200th Street, Bronx........................................ 1.5
160 Convent Ave., New York................................. 1.3
Queens College, Queens..................................... 1.1
------------------------------------------------------------------------
In its SIP revision, New York used the 2010-2011 design values. EPA
reviewed more recent data in addition to the 2010-2011 data and found
the maximum 2012-2013 design value for New York to be 1.5 ppm, which
continues to show attainment of the NAAQS.
[[Page 16268]]
D. Verification of Continued Attainment
New York will verify that the New York portion of the NYCMA CO area
continues to attain the CO NAAQS through an annual review of its
monitoring data. If any design value exceeds 7.65 ppm, New York will
coordinate with EPA Region 2 to verify and evaluate the data and then,
if warranted, develop a full maintenance plan for the affected
maintenance area.
E. Contingency Plan
Section 175A (d) of the Act requires that a maintenance plan
include a contingency plan which includes contingency measures, as
necessary, to promptly correct any violation of the NAAQS that occurs
after redesignation of the area. Contingency measures do not have to be
fully adopted at the time of redesignation. However, the contingency
plan is considered to be an enforceable part of the SIP and should
ensure that the contingency measures are adopted expeditiously once
they are triggered by a specified event. In addition, the contingency
plan includes a requirement that the State continue to implement all
control measures used to bring the area into attainment.
The triggers specified in New York's previous maintenance plan are
included in this Limited Maintenance Plan. If air quality monitoring
data indicate that the CO NAAQS were exceeded, New York will analyze
the data to determine the cause of the violation. If it is determined
that the violation was caused by a non-local motor vehicle usage event,
then the State will institute the contingency measures described below.
1. Control Measures
New York has implemented a number of measures to control motor
vehicle CO emissions. Emission reductions achieved through the
implementation of these control measures are enforceable. These
measures include the Federal Motor Vehicle Control Program, Federal
reformulated gasoline, New York's pre-1990 modifications to its
inspection and maintenance (I/M) program, and local control measures
relied on in the SIP.
The State of New York has demonstrated that actual enforceable
emission reductions are responsible for the air quality improvement and
that the CO emissions in the base year are not artificially low due to
local economic downturn. EPA finds that the combination of existing
EPA-approved SIP and Federal measures contribute to the permanence and
enforceability of reductions in ambient CO levels that have allowed the
New York portion of the NYCMA CO area to attain the NAAQS since 1992.
New York commits to continuing to implement all control measures
used to bring the area into attainment.
2. Contingency Measures
The State plans to continue to use the contingency measure from the
original maintenance plan. The plan included implementation of an
enhanced I/M program. This program is fully operational and the State
commits to meet the performance standard for an enhanced I/M program in
an effort to maintain the CO NAAQS. Although the plan is currently in
place, EPA guidance allows for it to act as a contingency measure. In
addition, since we had approved this measure in the previous
maintenance plan, we are proposing to approve it in this action.
F. Conformity
Section 176(c) of the Act defines conformity as meeting the SIP's
purpose of eliminating or reducing the severity and number of
violations of the NAAQS and achieving expeditious attainment of such
standards. The Act further defines transportation conformity to mean
that no Federal transportation activity will: (1) Cause or contribute
to any new violation of any standard in any area; (2) increase the
frequency or severity of any existing violation of any standard in any
area; or (3) delay timely attainment of any standard or any required
interim emission reductions or other milestones in any area. The
Federal transportation conformity rule, 40 CFR part 93 subpart A, sets
forth the criteria and procedures for demonstrating and assuring
conformity of transportation plans, programs and projects which are
developed, funded or approved by the U.S. Department of Transportation,
and by metropolitan planning organizations or other recipients of
Federal funds under Title 23 U.S.C. or the Federal Transit Laws (49
U.S.C. chapter 53).
The transportation conformity rule applies within all nonattainment
and maintenance areas. As prescribed by the transportation conformity
rule, once an area has an applicable SIP with motor vehicle emissions
budgets (MVEB), the expected emissions from planned transportation
activities must be consistent with such established budgets for that
area.
In the case of the NYCMA CO area, however, the emissions budgets
may be treated as essentially not constraining for the length of this
second maintenance period as long as the area continues to meet the
limited maintenance criteria, because there is no reason to expect that
these areas will experience so much growth in that period that a
violation of the CO NAAQS would result. In other words, emissions from
on-road transportation sources need not be capped for the maintenance
period because it is unreasonable to believe that emissions from such
sources would increase to a level that would threaten the air quality
in this area for the duration of this maintenance period. Therefore,
for the limited maintenance plan CO maintenance area, all Federal
actions that require conformity determinations under the transportation
conformity rule are considered to satisfy the regional emissions
analysis and ''budget test'' requirements in 40 CFR 93.118 of the rule.
Since limited maintenance plan areas are still maintenance areas,
however, transportation conformity determinations are still required
for transportation plans, programs and projects. Specifically, for such
determinations, transportation plans, transportation improvement
programs, and projects must still demonstrate that they are fiscally
constrained (40 CFR part 108) and must meet the criteria for
consultation and Transportation Control Measure (TCM) implementation in
the conformity rule (40 CFR 93.112 and 40 CFR 93.113, respectively). In
addition, projects in limited maintenance areas will still be required
to meet the criteria for CO hot spot analyses to satisfy ``project
level'' conformity determinations (40 CFR 93.116 and 40 CFR 93.123)
which must incorporate the latest planning assumptions and models that
are available. All aspects of transportation conformity (with the
exception of satisfying the emission budget test) will still be
required.
If the NYCMA CO area should monitor CO concentrations at or above
the limited maintenance eligibility criteria or 7.65 parts per million
then this maintenance area would no longer qualify for a limited
maintenance plan and would revert to a full maintenance plan. In this
event, the limited maintenance plan would remain applicable for
conformity purposes only until the full maintenance plan is submitted
and EPA has found its motor vehicle emissions budget adequate for
conformity purposes or EPA approves the full maintenance plan SIP
revision. At that time regional emissions analyses would resume as a
transportation conformity criteria.
EPA has also posted the Limited Maintenance plan for the NYCMA CO
area on our Transportation Conformity Adequacy Web site for a thirty
day public comment period beginning June 11, 2013. No public comments
were received.
[[Page 16269]]
IV. What is the New York emissions inventory?
Section 182(a)(3) and 172(c)(3) of the Act requires the periodic
submission of a base inventory for SIP planning processes to address
the pollutants for the eight hour-ozone, PM2.5 and CO
national ambient air quality standard. Identifying the base year gives
certainty to states that requires submission of the ozone,
PM2.5 and CO emission inventories periodically. These
requirements allow the EPA, based on the states' progress in reducing
emissions, to periodically reassess its policies and air quality
standards and revise them as necessary. Most important, the ozone,
PM2.5 and CO inventories will be used to develop and assess
new control strategies that the states will need to submit in their
attainment demonstration SIPs for the new national ambient air quality
standards for ozone, PM2.5 and for CO. The base year
inventory may also serve as part of statewide inventories for purposes
of regional modeling in transport areas. The base year inventory plays
an important role in modeling demonstrations for areas classified as
nonattainment and outside transport regions. For the reasons stated
above, ideally EPA would therefore emphasize the importance and
benefits of developing a comprehensive, current, and accurate emission
inventory (similar to the 1990 base year inventory effort). In this
case, the 2007 base year has been selected as the inventory that will
be used for planning purposes for the NYCMA CO area.
There are specific components of an acceptable emission inventory.
The emission inventory must meet certain minimum requirements for
reporting each source category. Specifically, the source requirements
are detailed below.
The review process, which is described in supporting documentation,
is used to determine that all components of the base year inventory are
present. This review also evaluates the level of supporting
documentation provided by the state, assesses whether the emissions
were developed according to current EPA guidance, and evaluates the
quality of the data.
The review process is outlined here and consists of 8 points that
the inventory must include. For a base year emission inventory to be
acceptable, it must pass all of the following acceptance criteria:
1. Evidence that the inventory was quality assured by the state and
its implementation documented.
2. The point source inventory was complete.
3. Point source emissions were prepared or calculated according to
the current EPA guidance.
4. The area source inventory was complete.
5. The area source emissions were prepared or calculated according
to the current EPA guidance.
6. Non-road mobile emissions were prepared according to current EPA
guidance for all of the source categories.
7. The method (e.g., HPMS or a network transportation planning
model) used to develop VMT estimates followed EPA guidance.
8. The MOBILE model was correctly used to produce emission factors
for each of the vehicle classes.
Based on EPA's review, New York satisfied all of EPA's requirements
for purposes of providing a comprehensive, accurate, and current
inventory of actual emissions for CO areas. Where applicable, CO peak
winter season daily emissions are provided for CO nonattainment area.
The inventory was developed in accordance with Emission Inventory
Guidance for Implementation of Ozone and Particulate Matter NAAQS and
Regional Haze Regulation, dated August 2005. A summary of EPA's review
is given below:
1. The Quality Assurance (QA) plan was implemented for all portions
of the inventory. The QA plan included a QA/Quality control (QC)
program for assessing data completeness and standard range checking.
Critical data elements relative to the inventory sources were assessed
for completeness. QA checks were performed relative to data collection
and analysis, and double counting of emissions from point, area and
mobile sources. QA/QC checks were conducted to ensure accuracy of
units, unit conversions, transposition of figures, and calculations.
2. The inventory is well documented. New York provided
documentation detailing the methods used to develop emissions estimates
for each category. In addition, New York identified the sources of data
used in developing the inventory.
3. The point source emissions are complete in accordance with EPA
guidance.
4. The point source emissions were prepared/calculated in
accordance with EPA guidance.
5. The area source emissions are complete and were prepared/
calculated in accordance with EPA guidance.
6. Emission estimates for the non-road mobile source categories
were correctly based on the latest non-road mobile model and prepared
in accordance with EPA guidance.
7. The method used to develop VMT estimates was in accordance with
EPA guidance and was adequately described and documented in the
inventory report.
8. Latest Mobile model was used correctly for each of the vehicle
classes. The 2007 base year inventory has been developed in accordance
with EPA guidance. Therefore, EPA is proposing to approve the 2007 base
year CO emission inventory.
A more detailed discussion of how the emission inventory was
reviewed and the results of the review are presented in the technical
support document. Detailed emission inventory development procedures
can be found in the following document: Emission Inventory Guidance for
Implementation of Ozone and Particulate Matter NAAQS and Regional Haze
Regulation, dated August 2005. See Table 1 for a summary of 2007 CO
peak winter season daily emission estimates by source sector and by
county for the NYCMA CO area.
V. What action is EPA proposing to take?
EPA has evaluated New York's submittals for consistency with the
Act and Agency regulations and policy. EPA is proposing to approve New
York's CO limited maintenance plan because it meets the requirements
set forth in section 175A of the Act and continues to demonstrate that
the NAAQS for CO will continue to be met for the next ten years. EPA is
proposing to approve the revisions to the CO motor vehicle emissions
budgets for New York. Finally, this notice also proposes to approve
revisions to the 2007 base year emission inventories.
EPA views the SIP revisions proposed in today's proposal as
separable actions. This means that if EPA receives adverse comments on
particular portions of this notice and not on other portions, EPA may
choose not to take final action at the same time in a single notice on
all of these SIP revisions. Instead, EPA may choose to take final
action on these SIP revisions in separate notices.
Interested parties may participate in the Federal rulemaking
procedure by submitting written comments to the EPA Region 2 Office by
one of the methods discussed in the ADDRESSES section of this action.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k);
[[Page 16270]]
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the
Clean Air Act. Accordingly, this action merely approves state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 10, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2014-06585 Filed 3-24-14; 8:45 am]
BILLING CODE 6560-50-P
