Rescission of Determination of Attainment and Call for Attainment Plans for New York, New Jersey and Connecticut for the 1997 8-Hour Ozone National Ambient Air Quality Standard for the NY-NJ-CT 1997 Ozone Nonattainment Area, 27830-27834 [2014-10827]
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27830
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules
clinical services and support; referring
and providing linkage to VA and nonVA resources, providing crisis
management services and monitoring;
and intervening and advocating on
behalf of veterans to support
transportation, credit, legal, and other
needs.
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Homeless has the meaning given that
term in paragraphs (1) through (3) of the
definition of homeless in 24 CFR 576.2.
Non-VA community-based provider
means a facility in a community that
provides temporary, short-term housing
(generally up to 6 months) for the
homeless, as well as community
outreach, case management, and
rehabilitative services, and, as needed,
basic mental health services.
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(Authority: 38 U.S.C. 501, 2002, 2031)
with added treatment or other services,
such as participation in VA outpatient
programs or counseling. In addition to
case management services, for example,
to coordinate or address relevant issues
related to a veteran’s homelessness and
health as identified in the individual
treatment plan, services provided by the
non-VA community-based provider
should generally include, as
appropriate:
(1) Structured group activities such as
group therapy, social skills training,
self-help group meetings, or peer
counseling.
(2) Professional counseling, including
counseling on self-care skills, adaptive
coping skills, and, as appropriate,
vocational rehabilitation counseling, in
collaboration with VA programs and
community resources.
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[FR Doc. 2014–11046 Filed 5–14–14; 8:45 am]
4. Amend § 63.3 paragraph (a) to read
as follows:
BILLING CODE 8320–01–P
§ 63.3
ENVIRONMENTAL PROTECTION
AGENCY
■
Eligible Veterans.
(a) Eligibility. In order to serve as the
basis for a per diem payment through
the HCHV program, a veteran served by
the non-VA community-based provider
must be:
(1) Enrolled in the VA health care
system, or eligible for VA health care
under 38 CFR 17.36 or 17.37; and
(2) Homeless.
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■ 5. Revise § 63.10 paragraph (a) to read
as follows:
(a) Who can apply. VA may award per
diem contracts to non-VA communitybased providers who provide temporary
residential assistance homeless persons,
including but not limited to persons
with serious mental illness, and who
can provide the specific services and
meet the standards identified in § 63.15
and elsewhere in this part.
■ 6. Revise § 63.15 paragraph (b) to read
as follows:
§ 63.15 Duties of, and standards
applicable to, non-VA community-based
providers.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
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(b) Treatment plans, therapeutic/
rehabilitative services, and case
management. Individualized treatment
plans are to be developed through a
joint effort of the veteran, non-VA
community-based provider staff, and
VA clinical staff. Therapeutic and
rehabilitative services, as well as case
management and outreach services,
must be provided by the non-VA
community-based provider as described
in the treatment plan. In some cases, VA
may complement the non-VA
community-based provider’s program
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40 CFR Part 52
[EPA-R02-OAR-2014-0251, FRL-9910-63Region 2]
Rescission of Determination of
Attainment and Call for Attainment
Plans for New York, New Jersey and
Connecticut for the 1997 8-Hour Ozone
National Ambient Air Quality Standard
for the NY-NJ-CT 1997 Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to rescind its
previously issued determination of
attainment (Clean Data Determination)
for the 1997 8-hour ozone standard for
the New York-N. New Jersey-Long
Island, (NY-NJ-CT) ozone nonattainment
area because recent complete, qualityassured monitoring data show that the
area has subsequently violated the 1997
8-hour ozone national ambient air
quality standard (NAAQS). In addition,
EPA is proposing to call for revisions to
the State Implementation Plans (SIPs)
for the States of New York, New Jersey
and Connecticut. If finalized, this SIP
call will require each of these States to
submit a revised attainment SIP for the
1997 8-hour ozone NAAQS for its
portion of the NY-NJ-CT moderate
nonattainment area within 18 months of
final action on this SIP call.
DATES: Comments must be received on
or before June 16, 2014.
SUMMARY:
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Submit your comments,
identified by Docket ID number EPAR02-OAR-2014-0251, 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
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 a.m. to
4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA-R02-OAR-20140251. 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.
ADDRESSES:
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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, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning EPA’s
proposed action related to New Jersey or
New York, please contact Kirk J. Wieber,
Air Programs Branch, Environmental
Protection Agency, 290 Broadway, 25th
Floor, New York, NY 10008-1866,
telephone number (212) 637-3381,
email—wieber.kirk@epa.gov.
If you have questions concerning
EPA’s proposed action related to
Connecticut, please contact Richard
Burkhart, Air Quality Planning Unit,
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, Mail Code
OEP05-02, Boston, MA 02109-3912,
telephone number (617) 918–1664, fax
number (617) 918–0664, email—
burkhart.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What actions is the EPA proposing?
II. Background
III. Current Monitoring Data
IV. Why is EPA proposing SIP calls to the
States in the NY-NJ-CT Area?
V. How should the States respond to a final
SIP call?
VI. What happens if any of the States (New
York, New Jersey and Connecticut) do not
submit a SIP responding to the SIP calls?
VII. Statutory and Executive Order Reviews
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
I. What actions is the EPA proposing?
The EPA is proposing to determine,
based on complete, quality-assured
monitoring data, that the air quality in
the New York-N. New Jersey-Long
Island, NY-NJ-CT 1997 8-hour ozone
nonattainment area (hereafter, the NYNJ-CT area) is no longer attaining the
1997 8-hour ozone national ambient air
quality standard (NAAQS or standard).
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Pursuant to the provisions of 40 CFR
51.918, EPA is therefore proposing to
rescind the clean data determination
(CDD) for this area which was published
in the Federal Register on June 18, 2012
(77 FR 36163).
EPA notes that it has previously
determined that the NY-NJ-CT area
attained the 1997 8-hour ozone standard
by its applicable attainment date, June
15, 2010.1 However, because EPA is
proposing to determine that the area is
no longer attaining the 1997 standard,
EPA is proposing a State
Implementation Plan (SIP) call pursuant
to Clean Air Act (CAA) section
110(k)(5), to require the States of New
York, New Jersey and Connecticut to
submit a SIP demonstrating how the
area will re-attain the 1997 8-hour ozone
NAAQS as expeditiously as practicable.
EPA is proposing to issue this SIP call
based on its proposed determination
that certified data for 2010–2012, as
well as data in EPA’s air quality data
repository, the Air Quality System
(AQS) for the most recent three-year
period, 2011–2013, show that the area is
currently no longer attaining the 1997
ozone standard. The EPA is proposing
that the required SIPs will be due 18
months after the effective date of the
final rule.
II. Background
On July 18, 1997 (62 FR 38856), the
EPA promulgated a new, more
protective standard for ozone based on
8-hour average concentrations (the
‘‘1997 8-hour ozone NAAQS’’). The EPA
designated and classified most areas of
the country under the 8-hour ozone
NAAQS in an April 30, 2004 final rule
(69 FR 23858). The NY-NJ-CT 1997 8hour ozone nonattainment area was
designated nonattainment and classified
as moderate with an attainment
deadline of June 15, 2010. The NY-NJCT area includes Fairfield, New Haven,
and Middlesex Counties in Connecticut;
Bergen, Essex, Hudson, Hunterdon,
Middlesex, Monmouth, Morris, Passaic,
Somerset, Sussex, Union, and Warren
Counties in New Jersey; and Bronx,
Kings, Nassau, New York, Queens,
Richmond, Rockland, Suffolk, and
Westchester Counties in New York.
On April 30, 2004, EPA issued a final
rule (69 FR 23951) entitled ‘‘Final Rule
to Implement the 8-hour Ozone National
1 EPA wishes to make clear that this proposed
rulemaking would in no way alter or affect the
determination contained in its June 18, 2012 notice
(77 FR 36163), pursuant to CAA section 181(b)(2),
that the NY-NJ-CT area attained the 1997 8–hour
ozone standard by its applicable attainment date of
June, 2010. Such a determination remains
undisturbed by EPA’s evaluation of subsequent air
quality.
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27831
Ambient Air Quality Standard—Phase
1,’’ referred to as the Phase 1 Rule. On
November 29, 2005, EPA issued a final
rule (70 FR 71612) entitled ‘‘Final Rule
To Implement the 8-Hour Ozone
National Ambient Air Quality
Standard—Phase 2; Final Rule To
Implement Certain Aspects of the 1990
Amendments Relating to New Source
Review and Prevention of Significant
Deterioration as They Apply in Carbon
Monoxide, Particulate Matter and Ozone
NAAQS; Final Rule for Reformulated
Gasoline,’’ referred to as the Phase 2
Rule. The Phase 2 Rule incorporated the
Clean Data Policy in 40 CFR 51.918.
Upon EPA’s final determination that an
area has attained the 1997 ozone
NAAQS, the regulation operates to
suspend the obligation to submit
attainment-related planning SIP
requirements for that standard. Affected
SIP requirements include attainment
demonstrations and associated
reasonably available control measures,
reasonable further progress plans,
contingency measures, and other
planning SIPs related to attainment of
the 1997 8-hour ozone NAAQS. 40 CFR
51.918 established that these SIP
requirements are suspended until such
time as the area is redesignated to
attainment, at which time the
requirements no longer apply; or until
EPA determines that the area has
violated the 1997 8-hour ozone NAAQS.
On June 18, 2012 (77 FR 36163), the
EPA issued a CDD for the NY-NJ-CT
area,2 based on complete, qualityassured and certified ozone monitoring
data for 2008–2010. Quality assured
data available in the AQS for 2011
indicated that the area continued to
attain the 1997 8-hour ozone NAAQS.
Pursuant to the Clean Data Policy
established by 40 CFR 51.918 of the
Phase 2 Rule for the 1997 8-hour ozone
NAAQS, the requirements for the states
to submit attainment demonstrations
and associated reasonably available
control measures (RACM), reasonable
further progress plans (RFP),
contingency measures, and other SIP
revisions related to attainment of the
standard were suspended.
Although, pursuant to 40 CFR 51.918,
EPA’s CDD suspended any outstanding
obligations to submit attainment
planning SIPs, the States of New York,
New Jersey and Connecticut had already
submitted to EPA their attainment
demonstrations, RACM, RFP plans, and
2 77 FR 36163, June 18, 2012, ‘‘Determinations of
Failure To Attain the One-Hour Ozone Standard by
2007, Current Attainment of the One-Hour Ozone
Standard, and Attainment of the 1997 Eight-Hour
Ozone Standards for the New York-Northern New
Jersey-Long Island Nonattainment Area in
Connecticut, New Jersey and New York.’’
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contingency measures for the 1997 8hour ozone standard for the NY-NJ-CT
area. EPA approved the RFP plan,
RACM plan and contingency measures
for New Jersey on May 15, 2009 (74 FR
22837) and reasonably available control
technology (RACT) plan for New Jersey
on December 22, 2010 (75 FR 80340).
EPA approved the RFP plan and
contingency measures for New York on
August 18, 2011 (76 FR 51264) and the
RACM plan (including RACT) for New
York on July 23, 2010 (75 FR 43066).
EPA approved the RFP plan for
Connecticut on August 22, 2012 (77 FR
50595). EPA also approved the New
York and New Jersey 1997 8-hour ozone
attainment demonstration plans on
February 11, 2013 (78 FR 9596). EPA
proposed, but has not finalized,
approval of the Connecticut ozone
attainment plan for the NY-NJ-CT area.
See 78 FR 27161; May 9, 2013.
As noted above, separately and in
addition to its CDD for the NY-NJ-CT
area, pursuant to section 181(b)(2), EPA
determined that the area attained the
1997 8-hour ozone standard by its
applicable attainment deadline, June 15,
2010. This determination that the area
attained by the applicable deadline was
based on complete, quality-assured and
certified ozone monitoring data for
2007–2009.
III. Current Monitoring Data
Complete, quality-assured and
certified ozone monitoring data for
2010–2012, and data available in the
AQS for 2013, indicate that the NY-NJCT area no longer attains the 1997 8hour ozone NAAQS. EPA has reviewed
the 2012 ozone design values, consisting
of 2010–2012 data, and 2013 ozone
design values, based on 2011–2013
ambient air quality data in AQS (in
accordance with 40 CFR 50.9, 40 CFR
part 50 appendix I, and EPA policy and
guidance, as well as data processing,
data rounding and data completeness
requirements) for the NY-NJ-CT area,
and is proposing to determine that the
area is no longer in attainment of the
1997 8-hour ozone NAAQS. Note that
for purposes of the 1997 8-hour ozone
NAAQS, ozone design values are
calculated based on the 3-year average
of the annual 4th maximum 8-hour
ozone concentration. An area is
considered in nonattainment when the
3-year design value is equal to or greater
than 0.085 parts per million (ppm). For
the 2010–2012 period, the 8-hour ozone
design value for the NY-NJ-CT area was
0.087 ppm. Data in AQS for the 2011–
2013 period further indicate continued
nonattainment. Table 1 below shows the
2010–2012 design values, as well as the
2011–2013 design values, for all of the
ozone monitors in the NY-NJ-CT area.
TABLE 1—DESIGN VALUES FOR OZONE MONITORS IN THE NY-NJ-CT AREA
State
Site location
Monitor ID
Connecticut ..................................
Connecticut ..................................
Connecticut ..................................
Connecticut ..................................
Connecticut ..................................
Connecticut ..................................
Connecticut ..................................
New Jersey ..................................
New Jersey ..................................
New Jersey ..................................
New Jersey ..................................
New Jersey ..................................
New Jersey ..................................
New Jersey ..................................
New Jersey ..................................
New York .....................................
New York .....................................
New York .....................................
New York .....................................
New York .....................................
New York .....................................
New York .....................................
New York .....................................
Danbury .................................................................
Greenwich .............................................................
Madison .................................................................
Middletown ............................................................
New Haven ............................................................
Stratford .................................................................
Westport ................................................................
Bayonne ................................................................
Chester ..................................................................
Flemington .............................................................
Leonia ....................................................................
Monmouth University .............................................
Newark ..................................................................
Ramapo .................................................................
Rutgers University .................................................
Babylon ..................................................................
CCNY ....................................................................
Pfizer Lab (Bronx) .................................................
Holtsville ................................................................
Queens College .....................................................
Riverhead ..............................................................
Susan Wagner .......................................................
White Plains ..........................................................
2010–2012
Design value
(ppm)
090011123
090010017
090093002
090070007
090099005
090013007
090019003
340170006
340273001
340190001
340030006
340250005
340130003
340315001
340230011
361030002
360610135
360050133
361030009
360810124
361030004
360850067
361192004
0.083
0.082
0.087
0.080
0.076
0.085
0.085
0.078
0.078
0.080
0.078
0.083
0.082
0.075
0.085
0.085
0.076
0.076
0.080
0.080
0.079
0.083
0.076
2011–2013 *
Design value
(ppm)
0.081
0.083
0.089
0.081
0.078
0.089
0.087
0.070
0.076
0.077
0.077
0.078
0.077
0.072
0.079
0.081
0.072
0.073
0.078
0.079
0.080
0.078
0.075
* 2013 Data not yet certified and is subject to change.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
IV. Why is EPA proposing SIP calls to
the States in the NY-NJ-CT Area?
Although EPA recognizes that the NYNJ-CT area previously attained the 1997
8-hour ozone NAAQS by its original
attainment date, EPA’s review of
subsequent data has indicated that the
area no longer continues to attain the
1997 8-hour ozone standard. Section
110(k)(5) of the CAA authorizes EPA to
find that a SIP is substantially
inadequate to attain or maintain a
NAAQS, and to require (‘‘call for’’) the
state to submit, within a specified
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period, a SIP revision to correct the
inadequacy. This CAA requirement for
a SIP revision is known as a ‘‘SIP call.’’
The CAA authorizes EPA to allow a
state up to 18 months to respond to a
SIP call. In the circumstances presented
here, and in conjunction with EPA’s
proposal to rescind its determination
that the NY-NJ-CT area is attaining the
NAAQS, EPA is proposing under
section 110(k)(5) to find the SIPs
substantially inadequate with respect to
attainment of the 1997 8-hour ozone
NAAQS. EPA therefore proposes to
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issue SIP calls requiring the States of
New York, New Jersey and Connecticut
to develop SIP revisions demonstrating
how the NY-NJ-CT area will re-attain
the 1997 8-hour ozone standard.
V. How should the States respond to a
final SIP call?
As noted above, EPA has previously
approved attainment demonstrations for
New York and New Jersey and proposed
approval of Connecticut’s attainment
demonstration for the NY-NJ-CT area.
These approvals and proposed approval
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TKELLEY on DSK3SPTVN1PROD with PROPOSALS
were based on the fact that the plans
showed that the NY-NJ-CT area would
attain by the area’s June 15, 2010
attainment date. Moreover, as stated
previously, EPA, after notice-and
comment rulemaking, determined the
area did attain by that date (77 FR
36163). However, based on the
monitoring data discussed above for the
NY-NJ-CT area, EPA is proposing to
determine the area has since violated
the 1997 8-hour ozone standard.
Therefore, EPA is proposing that the
States submit updated plans showing
how the area will re-attain the standard.
EPA is proposing that the States have
two different ways of responding to the
SIP call.
First, EPA proposes that the States
respond to the SIP call by submitting
revisions to their respective SIPs
showing how the States will re-attain
the 1997 8-hour ozone standard.
EPA is also proposing, as an
alternative response to the SIP call, that
the States develop and submit
attainment plans demonstrating
attainment of the current 2008 8-hour
ozone standard.3 Currently, the NY-NJCT area is designated nonattainment
and classified as ‘‘marginal’’ for the
2008 8-hour ozone standard. An
attainment plan is not required for areas
classified as ‘‘marginal,’’ but these areas
must still attain the ozone standard.
Thus, under this option, New York,
New Jersey and Connecticut may either:
(1) Request that the entire NY-NJ-CT
area be reclassified to ‘‘moderate’’ for
the 2008 8-hour ozone standard 4 and
prepare the required SIP elements
pursuant to a ‘‘moderate’’ classification
and attain as expeditiously as
practicable, but, no later than 2018; or,
(2) voluntarily prepare an attainment
SIP for the NY-NJ-CT area for the 2008
8-hour ozone standard, which
demonstrates attainment by the current
‘‘marginal’’ classification attainment
date, i.e., 2015. EPA is proposing that
this alternative response of submitting
an attainment plan for the 2008 ozone
standard would also satisfy EPA’s SIP
3 On March 12, 2008 (73 FR 16436), the EPA
revised the primary NAAQS for ozone, designed to
protect public health, to a level of 0.075 parts per
million (ppm) (annual fourth-highest daily
maximum 8-hour concentration, averaged over 3
years). In rules finalized on April 30, 2012 (77 FR
30088), and May 21, 2012 (77 FR 34421), the EPA
formally designated all areas of the country as
attainment/unclassifiable, nonattainment or
unclassifiable for the 2008 8-hour ozone NAAQS.
In addition, on June 6, 2013 (78 FR 34178), EPA
proposed a rule for implementing the 2008 8-hour
ozone NAAQS which also included a proposal to
revoke the 1997 8-hour ozone standard.
4 All three states (New York, New Jersey and
Connecticut) of the NY-NJ-CT area must request the
reclassification since it is a multi-state
nonattainment area.
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call on the 1997 8-hour ozone standard
being proposed in this action since it
would be demonstrating compliance
with a more stringent NAAQS.
In order to provide a reasonable time
for the states to develop and submit
either of these two SIP revisions, EPA is
proposing to provide the States of New
York, New Jersey and Connecticut a
period of 18 months from the effective
date of a final SIP call to develop and
submit to EPA the relevant SIPs for the
1997 or 2008 ozone NAAQS. This 18
months is the maximum period allowed
pursuant to CAA section 110(k)(5) and
EPA believes it is reasonable time for
New York, New Jersey and Connecticut
to develop and submit the relevant SIPs
to EPA.
EPA is proposing that the effective
date for a final SIP call and rescission
of the CDD will be 30 days after
publication of the final rule in the
Federal Register.
VI. What happens if any of the States
(New York, New Jersey and
Connecticut) do not submit a SIP
responding to the SIP calls?
Section 179(a) sets forth four findings
that form the basis for application of
sanctions. The first finding, that a State
has failed to submit a plan or one or
more elements of a plan required under
the CAA, is the finding that may be
relevant to this rulemaking, should the
States of New York, New Jersey and
Connecticut fail to submit the required
plan (i.e., a SIP revision showing how
the state will re-attain the 1997 ozone
standard, or under the alternative
response discussed above, a SIP revision
demonstrating attainment of the 2008
ozone standard) in response to this SIP
call. If any of the States fail to submit
the required plan, EPA will issue a
finding under section 179(a) of the CAA
that the State or States failed to make a
required SIP submittal. If within 18
months of the finding, the State or
States of New York, New Jersey and
Connecticut have not submitted an
attainment SIP that EPA determines is
complete, then the emission offset
sanction will apply automatically
pursuant to CAA section 179(a) and 40
CFR 52.31. Under this sanction, the
ratio of emission reductions that must
be obtained to offset increased
emissions caused by new major sources
or modifications to major sources in the
NY-NJ-CT area must be at least two to
one. If the State or States of New York,
New Jersey and Connecticut do not
make a complete submission within six
months after the offset sanction applies,
then the highway funding sanction will
apply, in accordance with 40 CFR 52.31.
In addition, sanctions would apply in
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27833
the same manner if the State or States
of New York, New Jersey and
Connecticut submit a plan that EPA
determines is incomplete or that EPA
disapproves. Finally, CAA section
110(c) provides that EPA promulgate a
FIP no later than 24 months after a
finding of failure to submit a SIP under
section 179(a) unless the State or States
of New York, New Jersey and
Connecticut have submitted and EPA
has approved the respective attainment
plan.
EPA is soliciting public comments on
the issues discussed in this action. EPA
will consider these comments before
taking final action. Interested parties
may participate in the Federal
rulemaking procedure by submitting
written comments to EPA as discussed
in the ADDRESSES section of this Federal
Register.
Note that if EPA receives adverse
comment on a portion of this action and
if that portion can be severed from the
remainder of the action, EPA may adopt
as final those provisions that are not the
subject of an adverse comment. In
addition, EPA may take final action on
one or more of these actions separately,
depending on the circumstances
involved with each State’s portion of the
area.
VII. Statutory and Executive Order
Reviews
This action proposes a determination,
i.e., that the NY-NJ-CT area is no longer
attaining the 1997 ozone NAAQS, based
on EPA’s review of air quality data
provided by Connecticut, New York and
New Jersey. This action also proposes a
SIP call for the States of Connecticut,
New York, and New Jersey. In proposing
this SIP call, EPA is acting under
Section 110(k)(5) of the CAA, which
requires the Agency to require a state to
correct a deficiency that EPA has found
in the State Implementation Plan of the
state. Accordingly, this action does not
impose additional requirements beyond
those required by the CAA itself. 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
E:\FR\FM\15MYP1.SGM
15MYP1
27834
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules
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 CAA; 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 States, 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, Intergovernmental
relations, Ozone, Reporting and
recordkeeping requirements.
Dated: April 23, 2014.
Curt Spalding,
Regional Administrator, Region 1.
Dated: April 7, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2014–10827 Filed 5–14–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
[EPA–R07–OAR–2014–0165; FRL 9910–66–
Region–7]
Approval and Promulgation of
Implementation Plans; State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the State Implementation
SUMMARY:
VerDate Mar<15>2010
17:07 May 14, 2014
Jkt 232001
Plan (SIP) for the state of Iowa. This
proposed rulemaking will amend the
SIP to include revised permitting
regulations that will allow facilities to
construct or modify existing sources in
areas that are not in attainment with the
National Ambient Air Quality
Standards. The rules being revised are
Chapter 20, ‘‘Scope of Title-DefinitionsForms-Rules of Practice,’’ Chapter 22,
‘‘Controlling Pollution,’’ Chapter 31,
‘‘Nonattainment Areas,’’ and Chapter
33, ‘‘Special Regulations and
Construction Permit Requirements for
Major Stationary Sources—Prevention
for Significant Deterioration of Air
Quality.’’ The provisions from previous
nonattainment permitting rules are
being retained and are now relocated to
Chapter 31 ‘‘Nonattainment Areas’’.
EPA is also proposing SIP approval to
update the rule revisions for the
definition of excess emissions and
conformity of general actions rule.
DATES: Comments on this proposed
action must be received in writing by
June 16, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2014–0165 by one of the following
methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. Email: algoe-eakin.amy@epa.gov.
3. Mail: Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch,
11201 Renner Road, Lenexa, Kansas
66219.
4. Hand Delivery or Courier. Deliver
your comments to: Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch,
11201 Renner Road, Lenexa, Kansas
66219. Such deliveries are only
accepted during the Regional Office’s
normal hours of operations. The
Regional Office’s official hours of
business are Monday through Friday,
8:00 to 4:30, 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:
Amy Algoe-Eakin at (913) 551–7942, or
by email at algoe-eakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of the Federal
Register, EPA is approving the state’s
revision to the SIP as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
action. A detailed rationale for the
PO 00000
Frm 00063
Fmt 4702
Sfmt 4702
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated in
relation to this action. If EPA receives
relevant adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rules
based on this proposed action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comments on part of
this rule and if that part can be severed
from the remainder of the rule, EPA may
adopt as final those parts 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.
Dated: April 29, 2014.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2014–11089 Filed 5–14–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 14–69; RM–11716; DA 14–
601]
Radio Broadcasting Services; McCall,
Idaho
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document requests
comments on a Petition for Rule Making
filed by Ashley A. Bruton, proposing the
allotment of Channel 280A at McCall,
Idaho, as the community’s eighth local
service. A staff engineering analysis
confirms that Channel 280A can be
allotted to McCall, Idaho consistent
with the minimum distance separation
requirements of the rules with a site
restriction 0.4 kilometers (0.2 miles)
southwest of the community. The
reference coordinates are 44–54–30 NL
and 116–06–00 WL.
DATES: Comments must be filed on or
before June 23, 2014, and reply
comments on or before July 8, 2014.
ADDRESSES: Secretary, Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554. In
addition to filing comments with the
FCC, interested parties should serve the
petitioner as follows: Ashley A. Bruton,
SUMMARY:
E:\FR\FM\15MYP1.SGM
15MYP1
Agencies
[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Proposed Rules]
[Pages 27830-27834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10827]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2014-0251, FRL-9910-63-Region 2]
Rescission of Determination of Attainment and Call for Attainment
Plans for New York, New Jersey and Connecticut for the 1997 8-Hour
Ozone National Ambient Air Quality Standard for the NY-NJ-CT 1997 Ozone
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
rescind its previously issued determination of attainment (Clean Data
Determination) for the 1997 8-hour ozone standard for the New York-N.
New Jersey-Long Island, (NY-NJ-CT) ozone nonattainment area because
recent complete, quality-assured monitoring data show that the area has
subsequently violated the 1997 8-hour ozone national ambient air
quality standard (NAAQS). In addition, EPA is proposing to call for
revisions to the State Implementation Plans (SIPs) for the States of
New York, New Jersey and Connecticut. If finalized, this SIP call will
require each of these States to submit a revised attainment SIP for the
1997 8-hour ozone NAAQS for its portion of the NY-NJ-CT moderate
nonattainment area within 18 months of final action on this SIP call.
DATES: Comments must be received on or before June 16, 2014.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2014-0251, 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 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
a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2014-0251. 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.
[[Page 27831]]
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, 8:30 a.m.
to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning EPA's
proposed action related to New Jersey or New York, please contact Kirk
J. Wieber, Air Programs Branch, Environmental Protection Agency, 290
Broadway, 25th Floor, New York, NY 10008-1866, telephone number (212)
637-3381, email_wieber.kirk@epa.gov.
If you have questions concerning EPA's proposed action related to
Connecticut, please contact Richard Burkhart, Air Quality Planning
Unit, Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, Mail Code OEP05-02, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664,
email_burkhart.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What actions is the EPA proposing?
II. Background
III. Current Monitoring Data
IV. Why is EPA proposing SIP calls to the States in the NY-NJ-CT
Area?
V. How should the States respond to a final SIP call?
VI. What happens if any of the States (New York, New Jersey and
Connecticut) do not submit a SIP responding to the SIP calls?
VII. Statutory and Executive Order Reviews
I. What actions is the EPA proposing?
The EPA is proposing to determine, based on complete, quality-
assured monitoring data, that the air quality in the New York-N. New
Jersey-Long Island, NY-NJ-CT 1997 8-hour ozone nonattainment area
(hereafter, the NY-NJ-CT area) is no longer attaining the 1997 8-hour
ozone national ambient air quality standard (NAAQS or standard).
Pursuant to the provisions of 40 CFR 51.918, EPA is therefore proposing
to rescind the clean data determination (CDD) for this area which was
published in the Federal Register on June 18, 2012 (77 FR 36163).
EPA notes that it has previously determined that the NY-NJ-CT area
attained the 1997 8-hour ozone standard by its applicable attainment
date, June 15, 2010.\1\ However, because EPA is proposing to determine
that the area is no longer attaining the 1997 standard, EPA is
proposing a State Implementation Plan (SIP) call pursuant to Clean Air
Act (CAA) section 110(k)(5), to require the States of New York, New
Jersey and Connecticut to submit a SIP demonstrating how the area will
re-attain the 1997 8-hour ozone NAAQS as expeditiously as practicable.
EPA is proposing to issue this SIP call based on its proposed
determination that certified data for 2010-2012, as well as data in
EPA's air quality data repository, the Air Quality System (AQS) for the
most recent three-year period, 2011-2013, show that the area is
currently no longer attaining the 1997 ozone standard. The EPA is
proposing that the required SIPs will be due 18 months after the
effective date of the final rule.
---------------------------------------------------------------------------
\1\ EPA wishes to make clear that this proposed rulemaking would
in no way alter or affect the determination contained in its June
18, 2012 notice (77 FR 36163), pursuant to CAA section 181(b)(2),
that the NY-NJ-CT area attained the 1997 8-hour ozone standard by
its applicable attainment date of June, 2010. Such a determination
remains undisturbed by EPA's evaluation of subsequent air quality.
---------------------------------------------------------------------------
II. Background
On July 18, 1997 (62 FR 38856), the EPA promulgated a new, more
protective standard for ozone based on 8-hour average concentrations
(the ``1997 8-hour ozone NAAQS''). The EPA designated and classified
most areas of the country under the 8-hour ozone NAAQS in an April 30,
2004 final rule (69 FR 23858). The NY-NJ-CT 1997 8-hour ozone
nonattainment area was designated nonattainment and classified as
moderate with an attainment deadline of June 15, 2010. The NY-NJ-CT
area includes Fairfield, New Haven, and Middlesex Counties in
Connecticut; Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth,
Morris, Passaic, Somerset, Sussex, Union, and Warren Counties in New
Jersey; and Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland,
Suffolk, and Westchester Counties in New York.
On April 30, 2004, EPA issued a final rule (69 FR 23951) entitled
``Final Rule to Implement the 8-hour Ozone National Ambient Air Quality
Standard--Phase 1,'' referred to as the Phase 1 Rule. On November 29,
2005, EPA issued a final rule (70 FR 71612) entitled ``Final Rule To
Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase
2; Final Rule To Implement Certain Aspects of the 1990 Amendments
Relating to New Source Review and Prevention of Significant
Deterioration as They Apply in Carbon Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for Reformulated Gasoline,'' referred to as the
Phase 2 Rule. The Phase 2 Rule incorporated the Clean Data Policy in 40
CFR 51.918. Upon EPA's final determination that an area has attained
the 1997 ozone NAAQS, the regulation operates to suspend the obligation
to submit attainment-related planning SIP requirements for that
standard. Affected SIP requirements include attainment demonstrations
and associated reasonably available control measures, reasonable
further progress plans, contingency measures, and other planning SIPs
related to attainment of the 1997 8-hour ozone NAAQS. 40 CFR 51.918
established that these SIP requirements are suspended until such time
as the area is redesignated to attainment, at which time the
requirements no longer apply; or until EPA determines that the area has
violated the 1997 8-hour ozone NAAQS.
On June 18, 2012 (77 FR 36163), the EPA issued a CDD for the NY-NJ-
CT area,\2\ based on complete, quality-assured and certified ozone
monitoring data for 2008-2010. Quality assured data available in the
AQS for 2011 indicated that the area continued to attain the 1997 8-
hour ozone NAAQS. Pursuant to the Clean Data Policy established by 40
CFR 51.918 of the Phase 2 Rule for the 1997 8-hour ozone NAAQS, the
requirements for the states to submit attainment demonstrations and
associated reasonably available control measures (RACM), reasonable
further progress plans (RFP), contingency measures, and other SIP
revisions related to attainment of the standard were suspended.
---------------------------------------------------------------------------
\2\ 77 FR 36163, June 18, 2012, ``Determinations of Failure To
Attain the One-Hour Ozone Standard by 2007, Current Attainment of
the One-Hour Ozone Standard, and Attainment of the 1997 Eight-Hour
Ozone Standards for the New York-Northern New Jersey-Long Island
Nonattainment Area in Connecticut, New Jersey and New York.''
---------------------------------------------------------------------------
Although, pursuant to 40 CFR 51.918, EPA's CDD suspended any
outstanding obligations to submit attainment planning SIPs, the States
of New York, New Jersey and Connecticut had already submitted to EPA
their attainment demonstrations, RACM, RFP plans, and
[[Page 27832]]
contingency measures for the 1997 8-hour ozone standard for the NY-NJ-
CT area. EPA approved the RFP plan, RACM plan and contingency measures
for New Jersey on May 15, 2009 (74 FR 22837) and reasonably available
control technology (RACT) plan for New Jersey on December 22, 2010 (75
FR 80340). EPA approved the RFP plan and contingency measures for New
York on August 18, 2011 (76 FR 51264) and the RACM plan (including
RACT) for New York on July 23, 2010 (75 FR 43066). EPA approved the RFP
plan for Connecticut on August 22, 2012 (77 FR 50595). EPA also
approved the New York and New Jersey 1997 8-hour ozone attainment
demonstration plans on February 11, 2013 (78 FR 9596). EPA proposed,
but has not finalized, approval of the Connecticut ozone attainment
plan for the NY-NJ-CT area. See 78 FR 27161; May 9, 2013.
As noted above, separately and in addition to its CDD for the NY-
NJ-CT area, pursuant to section 181(b)(2), EPA determined that the area
attained the 1997 8-hour ozone standard by its applicable attainment
deadline, June 15, 2010. This determination that the area attained by
the applicable deadline was based on complete, quality-assured and
certified ozone monitoring data for 2007-2009.
III. Current Monitoring Data
Complete, quality-assured and certified ozone monitoring data for
2010-2012, and data available in the AQS for 2013, indicate that the
NY-NJ-CT area no longer attains the 1997 8-hour ozone NAAQS. EPA has
reviewed the 2012 ozone design values, consisting of 2010-2012 data,
and 2013 ozone design values, based on 2011-2013 ambient air quality
data in AQS (in accordance with 40 CFR 50.9, 40 CFR part 50 appendix I,
and EPA policy and guidance, as well as data processing, data rounding
and data completeness requirements) for the NY-NJ-CT area, and is
proposing to determine that the area is no longer in attainment of the
1997 8-hour ozone NAAQS. Note that for purposes of the 1997 8-hour
ozone NAAQS, ozone design values are calculated based on the 3-year
average of the annual 4th maximum 8-hour ozone concentration. An area
is considered in nonattainment when the 3-year design value is equal to
or greater than 0.085 parts per million (ppm). For the 2010-2012
period, the 8-hour ozone design value for the NY-NJ-CT area was 0.087
ppm. Data in AQS for the 2011-2013 period further indicate continued
nonattainment. Table 1 below shows the 2010-2012 design values, as well
as the 2011-2013 design values, for all of the ozone monitors in the
NY-NJ-CT area.
Table 1--Design Values for Ozone Monitors in the NY-NJ-CT area
----------------------------------------------------------------------------------------------------------------
2010-2012 2011-2013 *
State Site location Monitor ID Design value Design value
(ppm) (ppm)
----------------------------------------------------------------------------------------------------------------
Connecticut...................... Danbury................ 090011123 0.083 0.081
Connecticut...................... Greenwich.............. 090010017 0.082 0.083
Connecticut...................... Madison................ 090093002 0.087 0.089
Connecticut...................... Middletown............. 090070007 0.080 0.081
Connecticut...................... New Haven.............. 090099005 0.076 0.078
Connecticut...................... Stratford.............. 090013007 0.085 0.089
Connecticut...................... Westport............... 090019003 0.085 0.087
New Jersey....................... Bayonne................ 340170006 0.078 0.070
New Jersey....................... Chester................ 340273001 0.078 0.076
New Jersey....................... Flemington............. 340190001 0.080 0.077
New Jersey....................... Leonia................. 340030006 0.078 0.077
New Jersey....................... Monmouth University.... 340250005 0.083 0.078
New Jersey....................... Newark................. 340130003 0.082 0.077
New Jersey....................... Ramapo................. 340315001 0.075 0.072
New Jersey....................... Rutgers University..... 340230011 0.085 0.079
New York......................... Babylon................ 361030002 0.085 0.081
New York......................... CCNY................... 360610135 0.076 0.072
New York......................... Pfizer Lab (Bronx)..... 360050133 0.076 0.073
New York......................... Holtsville............. 361030009 0.080 0.078
New York......................... Queens College......... 360810124 0.080 0.079
New York......................... Riverhead.............. 361030004 0.079 0.080
New York......................... Susan Wagner........... 360850067 0.083 0.078
New York......................... White Plains........... 361192004 0.076 0.075
----------------------------------------------------------------------------------------------------------------
* 2013 Data not yet certified and is subject to change.
IV. Why is EPA proposing SIP calls to the States in the NY-NJ-CT Area?
Although EPA recognizes that the NY-NJ-CT area previously attained
the 1997 8-hour ozone NAAQS by its original attainment date, EPA's
review of subsequent data has indicated that the area no longer
continues to attain the 1997 8-hour ozone standard. Section 110(k)(5)
of the CAA authorizes EPA to find that a SIP is substantially
inadequate to attain or maintain a NAAQS, and to require (``call for'')
the state to submit, within a specified period, a SIP revision to
correct the inadequacy. This CAA requirement for a SIP revision is
known as a ``SIP call.'' The CAA authorizes EPA to allow a state up to
18 months to respond to a SIP call. In the circumstances presented
here, and in conjunction with EPA's proposal to rescind its
determination that the NY-NJ-CT area is attaining the NAAQS, EPA is
proposing under section 110(k)(5) to find the SIPs substantially
inadequate with respect to attainment of the 1997 8-hour ozone NAAQS.
EPA therefore proposes to issue SIP calls requiring the States of New
York, New Jersey and Connecticut to develop SIP revisions demonstrating
how the NY-NJ-CT area will re-attain the 1997 8-hour ozone standard.
V. How should the States respond to a final SIP call?
As noted above, EPA has previously approved attainment
demonstrations for New York and New Jersey and proposed approval of
Connecticut's attainment demonstration for the NY-NJ-CT area. These
approvals and proposed approval
[[Page 27833]]
were based on the fact that the plans showed that the NY-NJ-CT area
would attain by the area's June 15, 2010 attainment date. Moreover, as
stated previously, EPA, after notice-and comment rulemaking, determined
the area did attain by that date (77 FR 36163). However, based on the
monitoring data discussed above for the NY-NJ-CT area, EPA is proposing
to determine the area has since violated the 1997 8-hour ozone
standard. Therefore, EPA is proposing that the States submit updated
plans showing how the area will re-attain the standard. EPA is
proposing that the States have two different ways of responding to the
SIP call.
First, EPA proposes that the States respond to the SIP call by
submitting revisions to their respective SIPs showing how the States
will re-attain the 1997 8-hour ozone standard.
EPA is also proposing, as an alternative response to the SIP call,
that the States develop and submit attainment plans demonstrating
attainment of the current 2008 8-hour ozone standard.\3\ Currently, the
NY-NJ-CT area is designated nonattainment and classified as
``marginal'' for the 2008 8-hour ozone standard. An attainment plan is
not required for areas classified as ``marginal,'' but these areas must
still attain the ozone standard. Thus, under this option, New York, New
Jersey and Connecticut may either: (1) Request that the entire NY-NJ-CT
area be reclassified to ``moderate'' for the 2008 8-hour ozone standard
\4\ and prepare the required SIP elements pursuant to a ``moderate''
classification and attain as expeditiously as practicable, but, no
later than 2018; or, (2) voluntarily prepare an attainment SIP for the
NY-NJ-CT area for the 2008 8-hour ozone standard, which demonstrates
attainment by the current ``marginal'' classification attainment date,
i.e., 2015. EPA is proposing that this alternative response of
submitting an attainment plan for the 2008 ozone standard would also
satisfy EPA's SIP call on the 1997 8-hour ozone standard being proposed
in this action since it would be demonstrating compliance with a more
stringent NAAQS.
---------------------------------------------------------------------------
\3\ On March 12, 2008 (73 FR 16436), the EPA revised the primary
NAAQS for ozone, designed to protect public health, to a level of
0.075 parts per million (ppm) (annual fourth-highest daily maximum
8-hour concentration, averaged over 3 years). In rules finalized on
April 30, 2012 (77 FR 30088), and May 21, 2012 (77 FR 34421), the
EPA formally designated all areas of the country as attainment/
unclassifiable, nonattainment or unclassifiable for the 2008 8-hour
ozone NAAQS. In addition, on June 6, 2013 (78 FR 34178), EPA
proposed a rule for implementing the 2008 8-hour ozone NAAQS which
also included a proposal to revoke the 1997 8-hour ozone standard.
\4\ All three states (New York, New Jersey and Connecticut) of
the NY-NJ-CT area must request the reclassification since it is a
multi-state nonattainment area.
---------------------------------------------------------------------------
In order to provide a reasonable time for the states to develop and
submit either of these two SIP revisions, EPA is proposing to provide
the States of New York, New Jersey and Connecticut a period of 18
months from the effective date of a final SIP call to develop and
submit to EPA the relevant SIPs for the 1997 or 2008 ozone NAAQS. This
18 months is the maximum period allowed pursuant to CAA section
110(k)(5) and EPA believes it is reasonable time for New York, New
Jersey and Connecticut to develop and submit the relevant SIPs to EPA.
EPA is proposing that the effective date for a final SIP call and
rescission of the CDD will be 30 days after publication of the final
rule in the Federal Register.
VI. What happens if any of the States (New York, New Jersey and
Connecticut) do not submit a SIP responding to the SIP calls?
Section 179(a) sets forth four findings that form the basis for
application of sanctions. The first finding, that a State has failed to
submit a plan or one or more elements of a plan required under the CAA,
is the finding that may be relevant to this rulemaking, should the
States of New York, New Jersey and Connecticut fail to submit the
required plan (i.e., a SIP revision showing how the state will re-
attain the 1997 ozone standard, or under the alternative response
discussed above, a SIP revision demonstrating attainment of the 2008
ozone standard) in response to this SIP call. If any of the States fail
to submit the required plan, EPA will issue a finding under section
179(a) of the CAA that the State or States failed to make a required
SIP submittal. If within 18 months of the finding, the State or States
of New York, New Jersey and Connecticut have not submitted an
attainment SIP that EPA determines is complete, then the emission
offset sanction will apply automatically pursuant to CAA section 179(a)
and 40 CFR 52.31. Under this sanction, the ratio of emission reductions
that must be obtained to offset increased emissions caused by new major
sources or modifications to major sources in the NY-NJ-CT area must be
at least two to one. If the State or States of New York, New Jersey and
Connecticut do not make a complete submission within six months after
the offset sanction applies, then the highway funding sanction will
apply, in accordance with 40 CFR 52.31. In addition, sanctions would
apply in the same manner if the State or States of New York, New Jersey
and Connecticut submit a plan that EPA determines is incomplete or that
EPA disapproves. Finally, CAA section 110(c) provides that EPA
promulgate a FIP no later than 24 months after a finding of failure to
submit a SIP under section 179(a) unless the State or States of New
York, New Jersey and Connecticut have submitted and EPA has approved
the respective attainment plan.
EPA is soliciting public comments on the issues discussed in this
action. EPA will consider these comments before taking final action.
Interested parties may participate in the Federal rulemaking procedure
by submitting written comments to EPA as discussed in the ADDRESSES
section of this Federal Register.
Note that if EPA receives adverse comment on a portion of this
action and if that portion can be severed from the remainder of the
action, EPA may adopt as final those provisions that are not the
subject of an adverse comment. In addition, EPA may take final action
on one or more of these actions separately, depending on the
circumstances involved with each State's portion of the area.
VII. Statutory and Executive Order Reviews
This action proposes a determination, i.e., that the NY-NJ-CT area
is no longer attaining the 1997 ozone NAAQS, based on EPA's review of
air quality data provided by Connecticut, New York and New Jersey. This
action also proposes a SIP call for the States of Connecticut, New
York, and New Jersey. In proposing this SIP call, EPA is acting under
Section 110(k)(5) of the CAA, which requires the Agency to require a
state to correct a deficiency that EPA has found in the State
Implementation Plan of the state. Accordingly, this action does not
impose additional requirements beyond those required by the CAA itself.
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
[[Page 27834]]
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 CAA; 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 States, 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, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements.
Dated: April 23, 2014.
Curt Spalding,
Regional Administrator, Region 1.
Dated: April 7, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2014-10827 Filed 5-14-14; 8:45 am]
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