FEDERAL REGISTER
VOL. 59, No. 193
Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY (EPA)

40 CFR Part 81
[Region II Docket No. 135, NY14-2-6676, FRL-5086-3]

Clean Air Act Promulgation of Reclassification of Ozone Nonattainment Area; States of New Jersey and New York

59 FR 50848

DATE: Thursday, October 06, 1994
ACTION: Final rule.

SUMMARY: The Environmental Protection Agency (EPA) is announcing its final decision to reclassify the Poughkeepsie ozone nonattainment area from a marginal nonattainment area to a moderate nonattainment area. This action also announces a final determination that the Albany-Schenectady-Troy, NY; Allentown-Bethlehem-Easton, NJ-PA; Buffalo-Niagara Falls, NY; Essex County, NY; and, Jefferson County, NY ozone nonattainment areas classified as marginal have attained the ozone air quality standard by the attainment date of November 15, 1993. These actions are based on monitored air quality readings of the national ambient air quality standard for ozone during the years 1991-1993.

EFFECTIVE DATE: This action will be effective on November 7, 1994.

ADDRESSES: Materials relevant to this rulemaking are included in Air Docket A-90-42, located in Rm. M-1500, First Floor, Waterside Mall, 40l M St., SW., Washington, DC, and may be inspected at this location during the hours from 8:30 a.m. to 12 noon and from 1:30 p.m. to 3:30 p.m., Monday through Friday, except for legal holidays. A duplicate copy of the docket is located in the EPA Regional Office listed below.

FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs Branch, Environmental Protection Agency, Region II, 26 Federal Plaza, Room 1034A, New York, New York 10278, (212) 264-2517.

SUPPLEMENTARY INFORMATION: On July 28, 1994, the EPA published in the Federal Register (59 FR 38410) a Notice of Proposed Rulemaking (NPR) concerning the reclassification of the Poughkeepsie ozone nonattainment area from marginal to moderate. The NPR also proposed a determination that the Albany-Schenectady-Troy, NY; Allentown-Bethlehem-Easton, NJ-PA; Buffalo-Niagara Falls, NY; Essex County, NY; and, Jefferson County, NY marginal nonattainment areas attained the ozone air quality standard by the attainment date of November 15, 1993. The reclassification and determinations are based solely on ozone air quality data measured during the 1991-1993 period.

The rationale for EPA's proposed action was explained in the NPR and will not be restated here since EPA's final action does not differ from the proposed action in the NPR. EPA received eleven separate letters submitted by the public in support of the proposed reclassification of the Poughkeepsie area. No adverse comments were received on the NPR. Therefore, EPA is finalizing the proposed reclassification of the Poughkeepsie nonattainment area. This rule fulfills EPA's obligations under Section 181(b)(2) to determine whether the Poughkeepsie area attained the ozone national ambient air quality standards (NAAQS) by its attainment date, and to publish its determination in the Federal Register.

No comments were received on the proposed attainment determinations of the Albany- Schenectady-Troy, NY; Allentown-Bethlehem-Easton, NJ-PA; Buffalo-Niagara alls, NY; Essex County, NY; and, Jefferson County, NY marginal nonattainment areas. Therefore, this rule also fulfills EPA's obligation under Section 181(b)(2)(A) which requires the Administrator, shortly after the attainment date, to determine whether ozone nonattainment areas attained the NAAQS.

Final Action

The EPA is reclassifying the Poughkeepsie ozone nonattainment area from a marginal nonattainment area to a moderate nonattainment area. This action also determines that the Albany-Schenectady-Troy, NY; Allentown-Bethlehem- Easton, NJ-PA; Buffalo-Niagara Falls, NY; Essex County, NY; and, Jefferson County, NY ozone nonattainment areas classified as marginal have attained the ozone air quality standard by the attainment date of November 15, 1993. These actions are based on measured ozone air quality levels during the years 1991-1993. Consequently, these areas are eligible to be redesignated to attainment under section 107(d)(3), if the criteria of that provision are met.

Nothing in this final rule should be construed as permitting or allowing or establishing a precedent for any future request for revision to any SIP. Each request for revision to the SIP shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.

Under Executive Order 12866, which revoked and replaced Executive Order 12291, EPA is required to judge whether an action is a "significant regulatory action" and therefore subject to the requirement of a regulatory impact analysis. The Agency has determined that this reclassification would not adversely affect the economy to the degree set forth in section 3(f) of the Executive Order as grounds for a finding that an action is a "significant regulatory action." Furthermore, under the Executive Order, qualitative costs and benefits, such as environmental costs and benefits, are given as much weight in determining the impact of a regulatory action as quantifiable costs and benefits, such as economic costs and benefits. As such, the environmental benefits of this reclassification far outweigh any economic effect of this regulatory action. Consequently, this action will not undergo review by the Office of Management and Budget.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.

Reclassification of nonattainment areas under section 181 of the Act do not create any significant new requirements applicable to small entities. This action does not directly regulate small entities and there are no alternatives to taking this action of the types identified in sections 603(c) and 604(a)(3) of the Regulatory Flexibility Act. Therefore, I certify that this action does not have a significant impact on small entities.

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, National parks, Wilderness areas.

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

Dated: September 30, 1994.

Carol M. Browner, Administrator.

40 CFR part 81 is amended as follows:

PART 81-[AMENDED]

1. The authority citation for part 81 continues to read as follows:

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

2. In @ 81.333 the table for "New York-Ozone" under "Poughkeepsie Area" is amended by revising the entries for "Dutchess County", "Orange County (remainder)", and "Putnam County" to read as follows:

@ 81.333 -- New York. 

* * * * * 

                        New York-Ozone 
   Designated area          Designation 
                             Date fn 1               Type 
                         * * * * * * * 
Poughkeepsie Area: 
Dutchess County                         1/6/92 Nonattainment 
Orange County                      fn 24/21/94 Nonattainment 
(remainder) 
Putnam County                          1/15/92 Nonattainment 
                         * * * * * * * 
Designated area                 Classification 
                                     Date fn 1 Type 
                         * * * * * * * 
Poughkeepsie Area: 
Dutchess County               November 7, 1994 Moderate. 
Orange County            November 7, 1994 fn 2 Moderate. 
(remainder) 
Putnam County                 November 7, 1994 Moderate. 
                         * * * * * * * 

fn 1 This date is November 15, 1990, unless otherwise noted. 

fn 2 However, the effective date is November 15, 1990 for purposes of 
determining the scope of a "covered area" under section 211(k)(10)(D), opt-in 
under section 211(k)(6), and the baseline determination of the 15% reduction in 
volatile organic compounds under section 182(b)(1). 

* * * * *

[FR Doc. 94-24805 Filed 10-5-94; 8:45 am]

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