Approval and Promulgation of Implementation Plans; New York Reasonable Further Progress Plans and Transportation Conformity Budgets for 2002, 2005 and 2007

Related Material

Other Related Documents

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 13, 2001 (Volume 66, Number 156)]
[Proposed Rules]
[Page 42479-42486]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au01-23]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. NY49-223, FRL-7032-3]

Approval and Promulgation of Implementation Plans; New York
Reasonable Further Progress Plans and Transportation Conformity Budgets
for 2002, 2005 and 2007

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency is proposing to approve a
New York State Implementation Plan revision involving the 1-hour Ozone
Plan which is intended to meet several Clean Air Act requirements,
including the separate requirement for enforceable commitments for the
1-hour ozone attainment demonstration. Specifically, EPA is proposing
approval of the: 2002, 2005 and 2007 ozone projection emission
inventories; Reasonable Further Progress Plans for milestone years
2002, 2005 and 2007; transportation conformity budgets for 2002, 2005
and 2007; and contingency measures. The intended effect of this action
is to approve programs required by the Clean Air Act which will result
in emission reductions that will help achieve attainment of the 1-hour
national ambient air quality standard for ozone.

DATES: Comments must be received on or before September 12, 2001.

[[Page 42480]]

ADDRESSES: All comments should be addressed to: Raymond Werner, Chief,
Air Programs Branch, Environmental Protection Agency, Region 2 Office,
290 Broadway, 25th Floor, New York, New York 10007-1866.
Copies of the New York submittals and EPA's Technical Support
Document (TSD) are available at the following addresses for inspection
during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866.
New York State Department of Environmental Conservation, Division
of Air Resources, 625 Broadway, 2nd floor, Albany, New York 12233.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3381.

SUPPLEMENTARY INFORMATION:

Table of Contents

What are the Clean Air Act requirements and how do they apply to New
York?
What was included in New York's submittal?
How were New York's 2002, 2005 and 2007 ozone projection emission
inventories developed and what were the results?
What are the Clean Air Act requirements for an approvable Reasonable
Further Progress Plan?
What measures are being implemented in New York to achieve RFP?
What is EPA's assessment of New York's control measures and the
emission reductions credits?
Does New York achieve the RFP target level of emissions for
milestone years 2002, 2005 and 2007?
How did New York provide for the contingency measure requirement?
Are New York's RFP reductions consistent with EPA's proposal of the
1-hour ozone attainment demonstration?
Are New York's transportation conformity budgets approvable?
What are EPA's Conclusions?
Administrative Requirements

What Are the Clean Air Act Requirements and How Do They Apply to
New York?

Section 182 of the Clean Air Act (Act) specifies the required State
Implementation Plan (SIP) submissions and requirements for areas
designated nonattainment for the 1-hour ozone standard as well as
timeframes for when these submissions and requirements are to be
submitted to EPA by the states. EPA has issued the ``General Preamble
for the Implementation of Title I of the Clean Air Act Amendments of
1990'' (General Preamble) describing in detail EPA's preliminary views
on how EPA intends to review SIPs and SIP revisions submitted under
Title I of the Act, (see generally 57 FR 13498 (April 16, 1992) and 57
FR 18070 (April 28, 1992)). Because EPA is describing its
interpretations here only in broad terms, the reader should refer to
the General Preamble for a more detailed discussion of the
interpretations of Title I advanced in today's proposal and the
supporting rationale.
New York has six ozone nonattainment areas. These areas are the
Albany-Schenectady-Troy Area, Buffalo-Niagara Falls Area, Essex County
Area, Jefferson County Area, Poughkeepsie Area and the New York-
Northern New Jersey-Long Island Area. The Albany-Schenectady-Troy,
Buffalo-Niagara Falls, Essex County, Jefferson County and the
Poughkeepsie Areas are considered ``clean data'' areas which
essentially means that the three most recent years of air monitoring
data demonstrate attainment of the 1-hour ozone standard. As for the
New York-Northern New Jersey-Long Island Area, which is classified as a
severe ozone nonattainment area, the most recent three years of data
continue to demonstrate nonattainment. The New York portion of the New
York-Northern New Jersey-Long Island Area is composed of New York City
and the counties of Nassau, Suffolk, Westchester and Rockland, and
seven municipalities in Orange County-Blooming Grove, Chester,
Highlands, Monroe, Tuxedo, Warwick and Woodbury. The focus of this
Federal Register action is the New York portion of the New York-
Northern New Jersey-Long Island Area (referred to as the New York Metro
Area).

What Was Included in New York's Submittal?

On November 27, 1998, Deputy Commissioner Carl Johnson of the New
York State Department of Environmental Conservation (NYSDEC) submitted
to EPA a revision to the SIP to meet requirements related to attainment
of the National Ambient Air Quality Standards (NAAQS) for ozone. This
revision is intended to fulfill the requirement in the Act for 3
percent per-annum Reasonable Further Progress (RFP) including
contingency measures, and includes the following: the 2002, 2005 and
2007 ozone projection emission inventories; RFP Plan for milestone
years 2002, 2005 and 2007; contingency measures and transportation
conformity budgets for 2002, 2005 and 2007.

How Were New York's 2002, 2005 and 2007 Ozone Projection Emission
Inventories Developed and What Were the Results?

A projection of 1990 volatile organic compounds (VOC) and oxides of
nitrogen ( NO_X) anthropogenic emissions to 2002, 2005 and
2007 in the New York Metro Area is required to determine the reductions
needed for the RFP plans with NO_X substitution. The 2002,
2005 and 2007 projection year emission inventories are calculated by
multiplying the 1990 base year inventory by factors which estimate
growth from 1990 to 2002, 2005 and 2007, respectively. A specific
growth factor for each source type in the inventory is required since
sources typically grow at different rates.
The difference between the 1990 base year inventory and the 2002,
2005 and 2007 projection inventories are the emissions growth
estimates. Based on the difference between the 1990 base year inventory
and the 2002, 2005 and 2007 projection year inventories, the total 1990
to 2002, 2005 and 2007 growth, for the four anthropogenic VOC source
categories (stationary point, area, non-road and on-road mobile), is
estimated at 121.8, 160.6 and 186.6 tons per day (tpd), respectively,
in the New York Metro Area. The total growth, for all the
NO_X source categories, from 1990 to 2002, 2005 and 2007
growth is estimated at 226, 276.2 and 307.9 tpd, respectively, in the
New York Metro Area.

1990 Base Year Inventory

On May 10, 2001 (66 FR 23849) EPA approved the 1990 base year
inventory (for all ozone nonattainment areas in New York State). Based
on EPA's review, New York satisfied all of EPA's requirements for
purposes of providing a comprehensive and accurate 1990 inventory of
actual emissions in the ozone nonattainment areas. Details of EPA's
evaluation of the 1990 Base year inventory will not be discussed in
this rulemaking. The reader is referred to EPA's November 3, 1999 (64
FR 59706) proposed approval and ``New York State 1990 Base Year
Inventory SIP Technical Support Document,'' for details on the approval
of New York's 1990 base year ozone season emission inventory. Table 1
below shows the federally-approved 1990 base year VOC and
NO_X emission inventories for the New York Metro Area.

[[Page 42481]]

Table 1.--New York Metro Area 1990 Base Year Emissions Inventory Ozone Season Emissions (tpd)
----------------------------------------------------------------------------------------------------------------
Point On-road Non-road
Pollutant Area source source mobile mobile Biogenic Total
emissions emissions emissions emissions emissions
----------------------------------------------------------------------------------------------------------------
VOC............................... 381 103 484 167 103 1,238
NO_X............................... 59 286 400 178 N/A 923
----------------------------------------------------------------------------------------------------------------

2002, 2005, 2007 Projection Year Inventory Methodology Major Point
Sources

For the major point source category, New York projected 1990 base
year emissions to 2002, 2005 and 2007 for each facility using Bureau of
Economic Analysis (BEA) growth indicators available from New York State
at the two-digit Standard Industrial Classification (SIC) Code level.
BEA growth indicators are one of the preferred growth indicators to
use, as outlined in ``Procedures for Preparing Emissions Projections,''
July 1991.

Area Sources

For the area source category, New York projected emissions from
1990 to 2002, 2005 and 2007 using population and BEA growth rates where
applicable. This is in accordance with EPA's recommended growth
indicators for projecting emissions for area source categories outlined
in ``Procedures for Preparing Emissions Projections,'' July 1991.

Non-Road Mobile Sources

Non-road vehicle equipment emissions were projected from 1990 to
2002, 2005 and 2007 using population growth forecast or BEA industrial
indicators where applicable. This is in accordance with EPA's
recommended growth indicators for projecting emissions for non-road
mobile source categories outlined in ``Procedures for Preparing
Emissions Projections,'' July 1991.

Highway Mobile Sources

For the on-road mobile source category, the primary indicator and
tool for developing on-road mobile growth and expected emissions are
vehicle miles traveled (VMT) and EPA's mobile emissions model Mobile
5b. 2002, 2005 and 2007 VOC and NO_X emission factors were
generated by Mobile 5b and applied to the New York State Department of
Transportation (NYSDOT) VMT projections.
NYSDOT projected VMT by county and functional roadway
classification based upon linear regression of historical Highway
Performance Monitoring System (HPMS) VMT data. This is in accordance
with EPA's recommended growth indicators for projecting emissions for
on-road mobile source categories outlined in ``Procedures for Preparing
Emissions Projections,'' July 1991.
Table 2 shows 2002, 2005 and 2007 VOC and NO_X projection
emission inventories (controlled after 1990) using the aforementioned
growth indicators/methodologies.

Table 2.--New York Metro Area 2002, 2005 and 2007 Projection Year Inventories (Controlled) Ozone Season VOC and
NO_X Emissions (tpd)
----------------------------------------------------------------------------------------------------------------
Non-Road On-road
Pollutant Point Area sources mobile mobile Total
sources sources sources
----------------------------------------------------------------------------------------------------------------
2002:
VOC................................... 85.2 352.1 142 179.1 758.4
NO_X................................... 180.8 63.5 173.9 265.9 684.1
2005:
VOC................................... 87 356.8 127 166.9 737.7
NO_X................................... 147.9 64.7 166.3 253.8 632.7
2007:
VOC................................... 87.5 357.9 115 162.4 722.8
NO_X................................... 148.3 65.4 161.3 244 619
----------------------------------------------------------------------------------------------------------------

Based on EPA guidance, the 2002, 2005 and 2007 inventories are
complete and approvable. A more detailed discussion of how the emission
inventories were reviewed and the results are presented in the
supporting Technical Support Document (TSD).

What are the Clean Air Act Requirements for an Approvable
Reasonable Further Progress Plan?

Section 182(c)(2)(B) of the Act requires ozone nonattainment areas
with classifications of serious and above to develop plans to reduce
area-wide VOC emissions by 3 percent per year averaged over each
consecutive three-year period beginning 6 years after enactment of the
Act (1996) until the area attains the 1-hour ozone standard (2007 for
the New York Metro Severe Ozone nonattainment area). EPA previously
approved the 15 and 9 percent Rate of Progress (ROP) Plans for the New
York Metro Area (66 FR 23849). Those plans identify the control
measures and the VOC and NO_X emission reduction credits
associated with those measures that would be achieved from 1990 through
1999. This notice refers to the New York Metro Area RFP plans for
milestone years 2002, 2005 and 2007.
Section 182(c)(2)(C) of the Act allows NO_X reductions to
be substituted for VOC reductions for RFP demonstrations in accordance
with EPA guidance. New York has shown that NO_X reductions
may appropriately be counted toward the RFP requirements. A full
explanation of how New York's SIP fulfills EPA's guidance concerning
NO_X substitution is included in the TSD.

What Measures are Being Implemented in New York To Achieve RFP?

New York provided a plan which commits to implement a list of
measures to achieve the RFP reductions required for the New York Metro
Area. Table 3 identifies the reductions associated with each individual
control strategy which occurs between 1990-2007. Some of those credits
where utilized in the

[[Page 42482]]

federally approved 15 and 9 percent ROP plans for the New York Metro
Area, however, due to the nature of the control measures/programs these
measures achieve additional emission reduction credits beyond those
used in the 15 and 9 percent ROP plans. These unused reductions are
being claimed in these recent RFP plans. For a concise description of
those control measures and emission reduction credits used in the 15
and 9 percent plans, the reader is referred to EPA's proposed
rulemaking action on the New York 15 and 9 percent ROP plans, published
in the Federal Register on November 3, 1999 (64 FR 59706). All of the
measures identified in table 3 have either been adopted by New York and
submitted to EPA as SIP revisions or are promulgated federal measures.
Following table 3 is a concise description of those new measures that
were not previously included in New York's 15 and 9 percent plans.

Table 3.--Summary of RFP Control Measures And Emission Reduction Credits
(tpd)
------------------------------------------------------------------------
Control measures VOC NO_X
------------------------------------------------------------------------
Non-road mobile source:
Reformulated Gasoline (Phases I & II)........... 9.0
New Engine Standards............................ 60.0 40.0
On-road mobile source:
Reformulated Gasoline (Phases I & II)........... 167.2 22.9
Tier I--New Vehicle Standards................... 59.5 87.1
Low Emission Vehicle............................ 24.2 24.3
Enhanced Inspection and Maintenance............. 77.6 58.2
2004 NO_X Emission Standards..................... -- 15.0
Stationary source control measures:
Parts 212, 228, 229--VOC Reasonably Available 21.6 --
Control Technology (RACT)......................
MACT (Federal Air Toxics Measures).............. 7.9 --
Ozone Transport Commission (OTC) Phase II -- 194.4
Baseline (Part 227-3 and Part 204).............
Part 227-2...................................... -- 7.5
40 CFR Subpart Cb (Large Municipal Waste -- 2.5
Combustors)....................................
Capped.......................................... 2.7 3.3
Area source control measures:
Auto Body Refinishing........................... 5.8 --
Commercial Bakeries............................. 2.1 --
Consumer Products............................... 12.5 --
Graphic Art Facilities.......................... 0.8 --
Hospital Sterilizers............................ 0.1 --
Municipal Solid Waste Landfills................. 5.1 --
Stage II gasoline vapor recovery................ 2.1 --
Transit/Loading Losses.......................... 0.7 --
Surface Cleaning................................ 19.4
-------------------
Total emission reduction credits............ 478.3 455.2
------------------------------------------------------------------------
New Control Measures not included in New York's 15 and 9 percent ROP
plans: Reformulated Gasoline Phase II--On-Road; 2004 NO_X Emission
Standard; Reformulated Gasoline Phase II--Non-Road; OTC Phase II
Baseline (Part 227-3)--NO_X MOU; NO_X SIP Call (Part 204); Capped/
shutdown emissions.

Reformulated Gasoline Phase II--On-Road

The second phase of the federal reformulated gasoline program (RFG
Phase 2) began on January 1, 2000 in New York's portion of the New York
Metro Area. RFG Phase 2 reduces emissions further than the first phase
of the program, requiring minimum ozone season VOC reductions of 27
percent from average 1990 gasoline levels. The second phase of the
program also requires that refiners reduce NO_X levels by a
minimum of 7 percent from average 1990 levels. New York has accounted
for the emissions reduction effects of RFG Phase 2 in its most recent
ROP plans.

2004 NO_X Emission Standard

EPA finalized new engine emission standards which will require
reduced emissions of NO_X beginning with model year 2004. To
model the effects of the new heavy duty engine standards, EPA released
MOBILE5 Information Sheet #5, ``Inclusion of New 2004 NO_X
Standard for Heavy-Duty Diesel Engines in MOBILE5a and MOBILE5b
Modeling,'' January 30, 1998. New York has accounted for the effects of
the new standard in its modeling based on this EPA guidance.

Reformulated Gasoline Phase II--Non-Road

New York based its assumptions regarding expected emissions
reductions from use of RFG Phase 2 in nonroad vehicles and engines on
expected gasoline Reid vapor pressure (RVP) reductions associated with
this gasoline and theoretical vapor-liquid relationships. New York
verified its predictions using EPA's draft NONROAD computer model. EPA
has determined that New York's methods for predicting emissions
benefits from this source category are approvable. However, once EPA's
NONROAD model becomes final, New York will be expected to reexamine and
consider recalculation of the emission reductions, if at that time,
there is reason to believe that results predicted by the final NONROAD
model will vary significantly from those predicted by the draft model.
This is because EPA guidance recommends against use of draft models for
SIP purposes.

OTC Phase II Baseline (Part 227-3)-- NO_X MOU

On January 12, 1999, New York adopted revisions to Part 227-3 ``Pre
2003 Nitrogen Oxides Emissions Budget and Allocation Program,'' which
incorporate the NO_X Memoranda of Understanding (MOU)
requirements. The Ozone Transport Commission (OTC) NO_X MOU
calls for states to reduce NO_X emissions from boilers and
indirect heat exchangers with heat inputs greater than 250 million
British

[[Page 42483]]

Thermal Unit (Btu) per hour. These emission reductions will be realized
in two phases, first in 1999 and again in 2003. Part 227-3 became
effective on March 5, 1999 and sources are required to be in compliance
with the first phase by May 1, 1999. On April 29, 1999, NYSDEC
submitted to EPA a SIP revision which included the revisions to Part
227-3. On April 19, 2000, 65 FR 20905, EPA approved the revisions to
Part 227-3.

NO_X SIP Call (Part 204)

On October 27, 1998, EPA published a final rule entitled, ``Finding
of Significant Contribution and Rulemaking for Certain States in the
Ozone Transport Assessment Group Region for Purposes of Reducing
Regional Transport of Ozone,'' otherwise known as the `` NO_X
SIP Call.'' See 63 FR 57356. At that time, the NO_X SIP Call
required 22 states and the District of Columbia \1\ to meet statewide
NO_X emission budgets during the five month period from May 1
through September 30 in order to reduce the amount of ground level
ozone that is transported across the eastern United States. The
NO_X SIP Call set out a schedule that required the affected
states, including New York, to adopt regulations by September 30, 1999,
and to implement control strategies by May 1, 2003 \2\.
---------------------------------------------------------------------------

\1\ Alabama, Connecticut, District of Columbia, Delaware,
Georgia, Illinois, Indiana, Kentucky, Massachusetts, Maryland,
Michigan, Missouri, North Carolina, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia,
Wisconsin, and West Virginia.
\2\ On May 25, 1999, the D.C. Circuit issued a stay of the
submission requirement of the SIP Call pending further order of the
court. Michigan v. EPA, No. 98-1497 (D.C. Cir. May 25, 1999) (order
granting stay in part). On April 3rd and 18th, 2000, New York
voluntarily submitted this revision to EPA for approval
notwithstanding the court's stay of the SIP submission deadline. On
March 3, 2000, the D.C. Circuit ruled on Michigan v. EPA, affirming
most aspects of the SIP Call and remanding limited portions to the
Agency. On June 22, 2000, the D.C. Circuit lifted the stay of the
SIP submission obligations and provided states until October 30,
2000.
---------------------------------------------------------------------------

The NO_X SIP Call allowed states the flexibility to
decide which source categories to regulate in order to meet the
statewide budgets. However, the SIP Call notice suggested that imposing
statewide NO_X emissions caps on large fossil-fuel fired
industrial boilers and electricity generators would provide a highly
cost-effective means for states to meet their NO_X budgets.
On November 15, 1999, New York adopted Part 204, `` NO_X
Budget Trading Program,'' in order to strengthen its one-hour ozone SIP
and to comply with the NO_X SIP Call during each ozone
season, i.e., May 1 through September 30, beginning in 2003. On May 22,
2001 (66 FR 28059) EPA approved New York's regulations to comply with
the NO_X SIP Call.

Capped/Shutdown Emissions

Certain facilities chose permit limits on their hours of operation
to ``cap'' their facilities potential emissions below an annual level
which reflected their actual hours of operation and emissions. These
``capping out'' provisions are included in a number of New York VOC and
NO_X RACT regulations. The ``capping out'' provision exempts
the facility from RACT requirements and/or Title V permitting
requirements. In the projection inventory, New York adjusted emissions
to account for those facilities that have ``capped out.'' In addition,
New York adjusted emissions to account for those facilities that have
ceased or shutdown operations since the 1990 base year emissions
inventory was compiled.

What is EPA's Assessment of New York's Control Measures and the
Emission Reductions Credits?

New York has identified the control measures necessary for
achieving the required emission reductions and all the measures have
been adopted and implemented. EPA is proposing to find that the 2002,
2005 and 2007 RFP Plans contain the necessary measures as identified in
Table 3 to achieve the required emission reductions. Therefore, EPA
proposes to approve the emission reduction credits associated with the
control measures identified in New York's 2002, 2005 and 2007 RFP
plans.

Does New York Achieve the RFP Target Level of Emissions for
Milestone Years 2002, 2005 and 2007?

New York identified the control measures necessary for achieving
the required emission reductions and all the measures have been adopted
and are implemented or scheduled to be implemented. New York's November
27, 1998 submittal included a cumulative summary of the VOC and
NO_X emission reduction credits associated with the control
measures identified in Table 3, i.e., credits between 1990-2002, 1990-
2005 and 1990-2007. To verify whether the emission reduction credits
identified in New York's plan meet the 3 percent per year RFP
requirement for milestone years 2002, 2005 and 2007, EPA recalculated
New York's emission reduction credits such that the emission reduction
credits represent the incremental credits achieved between each
milestone year, i.e., 1999-2002, 2002-2005 and 2005-2007. Detailed
tables are contained in the TSD which include among other data, columns
showing the target level VOC and NO_X emissions and the total
emission reduction credits for the source categories for each milestone
year. Based on EPA's calculation of the incremental emission reduction
credits associated with New York's submittal, EPA has determined that
New York has achieved the RFP required reductions for milestone years
2002, 2005 and 2007.
Figure 1 depicts the required 2002, 2005 and 2007 RFP VOC target
level emissions, the estimated VOC emissions based solely on
implementing all of the VOC control strategies and the estimated VOC
equivalent emissions with NO_X substitution based on
implementing all of the control strategies identified in table 3. The
RFP target levels for milestone years 2002, 2005 and 2007 are 684.07
tpd, 589.86 tpd and 528.32 tpd, respectively. The projected controlled
level of emissions in milestone years 2002, 2005 and 2007 are 622.65
tpd, 548.83 tpd and 526.9 tpd, respectively. As can be seen from Figure
1, the VOC equivalent emissions (with substituting NO_X for
VOC) fall below the RFP target levels, therefore, New York has
demonstrated that the RFP requirements have been met.

[[Page 42484]]

[GRAPHIC]
[TIFF OMITTED] TP13AU01.000

[[Page 42485]]

EPA is proposing to find that New York's RFP Plans contain the
necessary measures as identified in Table 3 to achieve the required
emission reductions.

How Did New York Provide for the Contingency Measure Requirement?

Contingency Measures

In addition to the 2002, 2005 and 2007 RFP Plans, the New York
submittal also addresses contingency measures required under the Act.
Section 172(c)(9) of the Act requires states with ozone nonattainment
areas classified as moderate and above to adopt contingency measures by
November 15, 1993. Such measures must provide for the implementation of
specific emission control measures if an ozone nonattainment area fails
to achieve RFP or to attain the NAAQS within the time-frames specified
under the Act. Section 182(c)(9) of the Act requires that, in addition
to the contingency measures required under section 172(c)(9), the
contingency measure SIP revision for serious and above ozone
nonattainment areas must also provide for the implementation of
specific measures if the area fails to meet any applicable milestone in
the Act. As provided by these sections of the Act, the contingency
measures must take effect without further action by the state or by the
EPA Administrator upon failure by the state to: meet RFP emission
reduction milestones; attainment of the NAAQS by the required deadline;
or other applicable milestones of the Act. EPA's policy, as provided in
the April 16, 1992, ``General Preamble for the Implementation of Title
I of the Clean Air Act Amendments of 1990'' (General Preamble) (57 FR
13498), states that the contingency measures, in total, must generally
be able to provide for 3 percent reduction of adjusted 1990 baseline
emissions beyond the reduction required for a particular milestone
year. While all contingency measures must be fully adopted rules or
measures, states can use the measures in two different ways. A state
can choose to implement contingency measures before the milestone
deadline. Alternatively, a state may decide not to implement a
contingency measure until an area has actually failed to achieve a RFP
or attainment milestone. In the latter situation, the contingency
measure emission reduction must be achieved within one year following
identification of a milestone failure. The General Preamble indicates
that the 3 percent reduction ``buffer'' must be maintained through each
RFP milestone. Therefore, New York must demonstrate that the New York
Metro Area has enough contingency measure reductions in addition to the
reductions claimed for the 2002, 2005 and 2007 RFP Plans. Because of
this requirement, New York's 2002, 2005 and 2007 RFP Plans identify,
for contingency purposes, a 3 percent emission reduction beyond the
reduction required for RFP.
Consistent with guidance provided in the General Preamble, New York
determined the needed contingency measure reduction by multiplying 3
percent of the 1990 adjusted base year emissions. Based on this
calculation, the needed contingency measure reduction for the New York
Metro Area is 34 TPD of VOC.
Consistent with the December 29, 1997 EPA memorandum from Richard
D. Wilson, Acting Assistant Administrator for Air and Radiation
``Guidance for the Implementing the 1-hour Ozone and the Pre-existing
PM10 NAAQS,'' states may take credit for NO_X emissions
reductions obtained from sources outside the designated nonattainment
area for the post-1999 RFP requirement. New York substituted creditable
NO_X reductions from outside the New York Metro Area,
specifically from the Roseton Generating Station located in Newburgh
(Northern Orange County, NY). This facility is affected by Subpart 227-
3, NO_X Budget program and will provide creditable
NO_X emission reductions for the contingency requirement.
These emission reductions will be realized in two phases, first in 1999
and again in 2003. Part 227-3 became effective on March 5, 1999 and
sources are required to be in compliance with the first phase by May 1,
1999. On April 19, 2000, 65 FR 20905, EPA approved the revisions to
Part 227-3. New York's use of these reductions is consistent with the
criteria outlined in EPA's guidance. EPA believes that this additional
flexibility for states in their RFP SIP's is consistent with the Act,
since reductions from outside a nonattainment area within certain
limits contribute to progress toward attainment within the area.
The New York RFP Plans achieve an additional 34 tpd reduction in
VOC equivalent emissions with NO_X substitution beyond the 3
percent per year RFP ozone precursor reduction, through creditable
control measures. For this reason, the contingency measure portion of
the 2002, 2005 and 2007 RFP Plans satisfy the contingency measure
requirements of the Act. Therefore, EPA proposes to approve the
contingency measure portion of the plan.

Are New York's RFP Reductions Consistent With EPA's Proposal of the
1-Hour Ozone Attainment Demonstration?

On December 16, 1999 (64 FR 70364), EPA proposed that in order for
New York to attain the 1-hour ozone standard, additional emission
reductions beyond those contained in the RFP plan and attainment
demonstration submitted by New York were needed. In that same
rulemaking, EPA also proposed approval of the New York 1-hour ozone
attainment demonstration SIP provided New York submits various
enforceable commitments. On April 18, 2000 New York submitted to EPA
the necessary enforceable commitments including a commitment to
participate in the development of regional measures through the OTC
process and to adopt these measures by October 31, 2001. New York has
been an active participant in the OTC process of identifying and
developing regional control strategies that would achieve the necessary
additional reductions to attain the 1-hour ozone standard in the New
York Metro Area. EPA proposes to find that with the inclusion of the
enforceable commitments as submitted by New York on April 18, 2000, New
York has met the conditions for an approvable attainment demonstration
and RFP Plan. EPA proposes to approve the enforceable commitments.

Are New York's Transportation Conformity Budgets Approvable?

By virtue of proposing approval of the 2002, 2005 and 2007 RFP
Plan, EPA is also proposing approval of the motor vehicle conformity
emissions budgets for VOC and NO_X. On November 16, 1999 (64
FR 62194) EPA found the 2002 and 2005 budgets adequate for conformity
purposes. These budgets are consistent with the measures in New York's
RFP plan. On April 18, 2000, New York revised the 2007 budgets to
reflect the 1-hour ozone attainment demonstration for the New York
Metro Area and committed to revise its motor vehicle emissions budget
within one year of the official issuance of the MOBILE6 motor vehicles
emissions model for regulatory purposes. On June 9, 2000 (65 FR 36690),
EPA found the 2007 budget to be adequate for conformity purposes. Since
New York has committed to revise the 2007 emissions budget that EPA is
proposing to approve, EPA wants its approval of the 2007 emissions
budget to last only until an adequate revised budget is submitted
pursuant to the commitment. EPA believes the revised 2007 budget

[[Page 42486]]

should apply as soon as it is found adequate. EPA does not believe it
is necessary to wait until it has been approved as a revision to the
respective plan. This is because EPA recognizes that the revised budget
will be based on a more advanced technical understanding of motor
vehicle emissions and control programs. Accordingly, once the revised
budget is found adequate, it will be more appropriate to use for
conformity purposes than the originally approved budget.

Table 4.--Emission Budgets for Conformity (tpd)
----------------------------------------------------------------------------------------------------------------
2002 2005 2007
County -----------------------------------------------------
VOC NO_X VOC NO_X VOC NO_X
----------------------------------------------------------------------------------------------------------------
Bronx..................................................... 11 17 10 16 9 12
Kings..................................................... 17 22 16 21 15 17
Nassau.................................................... 38 50 36 48 36 44
New York.................................................. 15 15 13 14 12 11
Orange (LOCMA)............................................ 4 8 4 8 3 6
Queens.................................................... 23 31 21 29 19 23
Richmond.................................................. 7 10 6 10 7 9
Rockland.................................................. 9 15 8 15 7 11
Suffolk................................................... 35 56 33 55 34 51
Westchester............................................... 22 41 20 39 21 37
-----------------------------------------------------
Total................................................. * 179 * 266 * 167 * 254 * 161 *221
----------------------------------------------------------------------------------------------------------------
* The totals represent the actual motor vehicle conformity emissions budgets for VOC and NO_X. New York
subdivided the county budget numbers from the totals and rounded off to the nearest whole number, therefore, a
sum of the county budget numbers identified in Table 4 may be slighty different from the total budget numbers
identified in Table 4.

EPA is proposing to approve New York's 2002, 2005 and 2007 emission
budgets.

What Are EPA's Conclusions?

EPA has evaluated these submittals for consistency with the Act,
applicable EPA regulations, and EPA policy. EPA is proposing approval
of New York's: 2002, 2005 and 2007 ozone projection emission
inventories; 2002, 2005 and 2007 RFP Plans; transportation conformity
budgets; contingency measures; and the enforceable commitments for the
1-hour ozone attainment demonstration.

Administrative Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. This proposed action merely approves state law as meeting
federal requirements and imposes no additional requirements beyond
those imposed by state law. Accordingly, the Administrator certifies
that this proposed rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Public Law 104-4). For the same reason, this proposed rule also
does not significantly or uniquely affect the communities of tribal
governments, as specified by Executive Order 13084 (63 FR 27655, May
10, 1998). This proposed rule will not have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Act.
This proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
proposed rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

Dated: August 3, 2001.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.
[FR Doc. 01-20263 Filed 8-10-01; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Approval and Promulgation of Implementation Plans; New York Reasonable Further Progress Plans and Transportation Conformity Budgets for 2002, 2005 and 2007

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