Approval and Promulgation of Implementation Plans; Onondaga County Carbon Monoxide Maintenance Plan Revision; State of New York

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

[Federal Register: September 8, 2005 (Volume 70, Number 173)]
[Rules and Regulations]
[Page 53304-53308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se05-5]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. R02-OAR-2005-NY-0002; FRL-7959-1]

Approval and Promulgation of Implementation Plans; Onondaga
County Carbon Monoxide Maintenance Plan Revision; State of New York

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: The EPA is approving a State Implementation Plan (SIP)
revision submitted by the State of New York. This revision will
establish an updated ten-year carbon monoxide (CO) maintenance plan for
the Onondaga County attainment area.
Onondaga County was redesignated to attainment of the CO National
Ambient Air Quality Standard (NAAQS) on September 29, 1993 and a
maintenance plan was also approved at that time. By this action, EPA is
approving the New York State Department of Environmental Conservation's
(New York) second maintenance plan for Onondaga County because it
provides for continued attainment for an additional ten years of the CO
NAAQS. In addition, EPA is approving New York's revised Part 225-3
(Oxygenated Gasoline Program provisions).

DATES: This rule is effective on November 7, 2005, without further
notice, unless EPA receives adverse written comment by October 11,
2005. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R02-OAR-2005-NY-0002 by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/.
Regional Material in EDocket (RME), EPA's electronic public docket and
comment system, is EPA's preferred method for receiving comments. Once in
the system, select quick search, then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
3. E-mail: werner.raymond@epa.gov.
4. Fax: (212) 637-3901.
5. Mail: RME ID Number R02-OAR-2005-NY-0002, Raymond Werner, Chief,
Air Programs Branch, U.S. Environmental Protection Agency, 290
Broadway, New York, NY 10007-1866.
6. Hand Delivery or Courier: Deliver your comments to: Raymond
Werner, Chief, Air Programs Branch, U.S. Environmental Protection
Agency, 290 Broadway, New York, NY 10007-1866. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30 excluding Federal holidays.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID Number R02-OAR-2005-NY-0002. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://docket.epa.gov/rmepub/,
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 Regional Material in EDocket (RME), regulations.gov, or e-mail.
The EPA RME Web site and the Federal regulations.gov Web site are
anonymous access systems, 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 e-mail comment directly to EPA without going
through RME or regulations.gov, your e-mail 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.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/
rmepub/. Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on

[[Page 53305]]

the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
in RME or in hard copy at Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA Region 2 Regional Office, 290
Broadway, New York, NY.
EPA requests that if at all possible, you contact the person listed
in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Henry Feingersh, U.S. Environmental
Protection Agency, Air Programs Branch, 290 Broadway, New York, NY
10007-1866, telephone number (212) 637-4249, fax number (212) 637-3901,
e-mail feingersh.henry@epa.gov.
Copies of the State submittals are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II 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, Albany, New York 12233.

SUPPLEMENTARY INFORMATION:
The following table of contents describes the format for this section:

I. What Is the Nature of EPA's Action?
II. What Is a Maintenance Plan and Why Is it Required?
III. What Is Included in a Maintenance Plan?
A. Attainment Inventory
B. Maintenance Demonstration
C. Monitoring Network
D. Verification of Continued Attainment
E. Contingency Plan
1. Control Measures
2. Contingency Measures
IV. What Is Transportation Conformity?
V. Are these Transportation Conformity Budgets Approvable?
VI. What Is EPA's Action on New York's Part 225-3?
VII. Conclusion
VIII. Statutory and Executive Order Reviews

I. What Is the Nature of EPA's Action?

EPA is approving an updated ten-year CO maintenance plan for the
Onondaga County attainment area. On September 29, 1993, the EPA
approved a request from New York to redesignate Onondaga County to
attainment of the CO NAAQS (58 FR 50851). In addition, the EPA also
approved at that time a ten-year CO maintenance plan for Onondaga
County. The Clean Air Act (the Act) requires that an area redesignated
to attainment of the CO NAAQS must submit a second ten-year CO
maintenance Plan to show how the area will continue to attain the CO
standard for an additional ten years. On June 22, 2004, New York
submitted a second ten-year CO maintenance plan for Onondaga County and
requested that EPA approve the plan. The following sections describe
how the EPA made its determination to approve the second ten-year
maintenance plan.

II. What Is a Maintenance Plan and Why Is it Required?

A maintenance plan is a SIP revision that must demonstrate
continued attainment of the applicable NAAQS in the maintenance area
for at least ten years. The Act requires that a second ten-year plan be
submitted in order to assure that the area will continue to stay in
compliance of the relevant NAAQS.

III. What Is Included in a Maintenance Plan?

Section 175A of the Act sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The initial and subsequent ten-year plans must each demonstrate
continued attainment of the applicable NAAQS for at least ten years
after approval. In this notice, EPA is taking action on the second ten-
year maintenance plan which covers the period from 2003 to 2013. The
specific elements of a maintenance plan are:

A. Attainment Inventory

Since New York's first ten-year maintenance plan contained an
attainment inventory, this second ten-year maintenance plan did not
need to include another one. However, this second plan does include an
update to the attainment inventory. In addition, the update contains a
revised 1990 base year inventory, a 2003 inventory, and projected
inventories for 2009 and 2013.

B. Maintenance Demonstration

The State projects that the future emissions of CO will not exceed
the level of the 1991 attainment year inventory. This is demonstrated
by the projected 2009 and 2013 CO emission levels being below the 1991
attainment year level.

C. Monitoring Network

New York continues to operate its CO monitoring network and commits
to operating its highest reading CO monitor for the duration of this
maintenance plan. New York will continue annual reviews of its data in
order to verify continued attainment of the NAAQS. The improvement in
CO air quality can be seen through an examination of the design values
at their highest reading monitor. The 8-hour design values show a
downward trend with values currently in the 2.0-2.5 ppm range compared
to the 8-hour NAAQS for CO of 9.0 ppm. The other monitors in the
network have been recording CO levels below this range.

D. Verification of Continued Attainment

New York will verify that Onondaga County continues to attain the
CO NAAQS through the review of its monitoring data. In addition, the
State will submit periodic inventories for the County to EPA pursuant
to EPA guidance. Triannual inventory submittals will be compared to the
2003 inventory to ensure that future inventories will not exceed the
2003 inventory which in turn was below the 1991 base year inventory.

E. Contingency Plan

Section 175A(d) of the Act requires that a maintenance plan include
a contingency plan which includes contingency measures, as necessary,
to promptly correct any violation of the NAAQS that occurs after
redesignation of the area. Contingency measures do not have to be fully
adopted at the time of redesignation. However, the contingency plan is
considered to be an enforceable part of the SIP and should ensure that
the contingency measures are adopted expeditiously once they are
triggered by a specified event. In addition, the contingency plan
includes a requirement that the State continue to implement all control
measures used to bring the area into attainment.
1. Control Measures
The 1992 Redesignation Request and Maintenance Plan included
vehicle turnover, an inspection and maintenance program, and traffic
flow improvement measures as the programs that brought the area into
attainment. This maintenance plan continues to include those measures
as control measures. In addition, New York has adopted ``the California
Low Emission Vehicle II standards'' as a control program in title 6 of
the New York Codes, Rules and Regulations (NYCRR), Part 218, ``Permits
and Certificates.'' This program produces a greater level of CO
emission reductions than does the EPA's National Tier 2 programs.
2. Contingency Measures
The ``Low Enhanced Inspection and Maintenance Program'' has been
adopted by New York and identified as the contingency measure for
Onondaga County. New York has requested EPA's approval of substituting
the Oxygenated Gasoline Program found in 6 NYCRR,

[[Page 53306]]

Part 225-3 from the previous maintenance plan with the adopted motor
vehicle low enhanced inspection and maintenance program, as found in 6
NYCRR Part 218, ``Emission Standards for Motor Vehicles and Motor
Vehicle Engines,'' as a contingency measure for Onondaga County. EPA
previously approved Part 218 on January 6, 1995 (60 FR 2025). New York
has sufficiently demonstrated that the low enhanced inspection and
maintenance program will achieve equivalent CO reductions as the
Oxygenated Gasoline Program. This low enhanced inspection and
maintenance program is required as an ozone control strategy but also
results in CO reduction benefits which is being used here as a CO
contingency control measure. This program includes a gas cap presence
check, anti-tampering procedures and a visual check of the malfunction
indicator light.

IV. What Is Transportation Conformity?

Section 176(c) of the Act defines conformity as meeting the SIP's
purpose of eliminating or reducing the severity and number of
violations of the NAAQS and achieving expeditious attainment of such
standards. The Act further defines transportation conformity to mean
that no Federal transportation activity will: (1) Cause or contribute
to any new violation of any standard in any area; (2) increase the
frequency or severity of any existing violation of any standard in any
area; or (3) delay timely attainment of any standard or any required
interim emission reductions or other milestones in any area. The
Federal Transportation Conformity Rule, 40 CFR part 93 subpart A, sets
forth the criteria and procedures for demonstrating and assuring
conformity of transportation plans, programs and projects which are
developed, funded or approved by the U.S. Department of Transportation,
and by metropolitan planning organizations or other recipients of
Federal funds under Title 23 U.S.C. or the Federal Transit Laws (49
U.S.C. chapter 53).
The Transportation Conformity Rule applies within all nonattainment
and maintenance areas. As prescribed by the Rule, once an area has an
applicable SIP with motor vehicle emissions budgets, the expected
emissions from planned transportation activities must be consistent
with (``conform to'') such established budgets for that area.

V. Are These Transportation Conformity Budgets Approvable?

The proposed maintenance plan establishes transportation conformity
budgets for CO for the years 2003, 2009 and 2013. These new budgets are
based on the control strategies, growth projections and assumptions
used in the attainment demonstration and maintenance plans for the CO
nonattainment area. In addition, the 2009 and 2013 conformity budgets
also include an allocation of a portion of a ``safety margin''
established in the CO maintenance plan.
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. The attainment level of
emissions is the level of emissions during one of the years in which
the area met the air quality health standard. For example, since 2003
represents the last year of Onondaga County's first ten-year
maintenance plan and its total emissions is lower than the base year,
the ``safety margin'' is conservatively calculated using the
differences between 2003 and future year total emissions.
The total emissions in 2003 from mobile, stationary and area
sources equaled 654.69 tons per day of CO. New York projected the CO
emissions in Onondaga County from all sources for the years 2009 and
2013 to total 455.34 tons per day and 430.06 tons per day respectively.
The CO safety margin for Onondaga County in 2009 and 2013 is calculated
to be the differences between the total emissions in 2003 and the total
emissions for each of the projected years, 199.35 tons per day for 2009
and 224.63 tons per day for 2013. The 2009 and 2013 CO emission
projections reflecting the point, area and mobile source reductions are
illustrated in Table 1.

Table 1.--CO Emissions; and Safety Margin Determinations, Onondaga
County, NY
[Tons/day]
------------------------------------------------------------------------
CO emissions
Source category --------------------------------------
2003 2009 2013
------------------------------------------------------------------------
On-Road.......................... 494.55 273.11 232.23
Nonroad.......................... 58.58 66.83 72.14
Stationary/Area.................. 101.56 115.40 125.69
--------------
Total........................ 654.69 455.34 430.06
------------------------------------------------------------------------
2009 Safety Margin=2003 total emissions--2009 total emissions = 199.35
tons/day.
2013 Safety Margin=2003 total emissions--2013 total emissions = 224.63
tons/day.

In the submittal the State requested to allocate only a portion of
the safety margin to both the 2009 and 2013 motor vehicle emissions
budgets. This conservative approach provides the transportation sector
with an adequate budget increase for the two future scenario years,
such that transportation conformity is demonstrated, and at the same
time provides some assurance that potential currently unforseen
regional growth in non-mobile, area and stationary source emissions
will not otherwise jeopardize continued attainment. The SIP revision
requests the allocation of 99 tons CO per day to be applied to the 2009
motor vehicle emissions budget and 125 tons CO per day to be applied to
the 2013 motor vehicle emissions budget. The on-road mobile source CO
transportation conformity budgets that include the safety margin
allocation are outlined below in Table 2.

[[Page 53307]]

Table 2.--Carbon Monoxide Transportation Conformity Budgets
[Tons of CO/winter day]
----------------------------------------------------------------------------------------------------------------
Final CO
Year On-road Safety margin conformity
Emissions allocation budgets
----------------------------------------------------------------------------------------------------------------
2003............................................................ 495 N/A 495
2009............................................................ 273 99 372
2013............................................................ 232 125 357
----------------------------------------------------------------------------------------------------------------

The planned allowable levels of CO emissions are projected to
maintain the area's air quality consistent with the air quality health
standard. The safety margin credit can be allocated to the
transportation sector while maintaining air quality attainment. The
total emission level, even with this allocation, will be below the
attainment level, or safety level, and thus is acceptable.
On June 3, 2004, EPA sent a letter to New York stating that the
2003, 2009 and 2013 CO budgets are adequate for transportation
conformity purposes. This finding was published in the Federal Register
on July 12, 2004, at 69 FR 41801. These budgets are consistent with the
State's emission baseline, projected inventories for highway mobile
sources and use of a margin of safety. EPA is approving the 2003, 2009,
and 2013 transportation conformity budgets for CO.

VI. What Is EPA's Action on New York's Part 225-3?

New York's 1992 Redesignation Request and Maintenance Plan included
the Oxygenated Fuels Program (as found in 6 NYCRR, Part 225-3) as a
contingency measure for Onondaga County. However, on April 19, 2000 (65
FR 20909), EPA approved New York's request to remove the Oxygenated
Fuels Program from the Federally approved SIP. The reader is referred
to EPA's April 19, 2000, final rulemaking for a detailed discussion of
the rationale for that action. As discussed above, this action now
identifies the low enhanced inspection and maintenance program as the
contingency measure which replaces the Oxygenated Fuels Program. New
York has since revised Part 225-3 (October 2001) to remove the
Oxygenated Gasoline Program provisions from the State effective version
of Part 225-3 and has requested this version be incorporated into the
Federally approved SIP. New York's revision to Part 225-3 consists of
renumbering the subparts to accommodate the removal of the Oxygenated
Gasoline Program provisions. While EPA previously approved the removal
of the Oxygenated Gasoline Program provisions from the Federally
approved SIP, an updated version of the adopted State regulation was
not available. The State has included this updated version of Part 225-
3 as part of this SIP revision and EPA is incorporating this regulation
into the SIP at this time.
EPA is also correcting two typographical errors that occurred in
our approval of revisions to Parts 228 and 239 (see 69FR3237, January
23, 2004). The State effective date for these regulations should be 7/
23/03 and 11/4/02, respectively.

VII. Conclusion

EPA has evaluated New York's submittals for consistency with the
Act and Agency regulations and policy. EPA is approving New York's CO
maintenance plan because it meets the requirements set forth in section
175A of the Act and continues to demonstrate that the NAAQS for CO will
continue to be met for the next ten years. EPA is also approving the
2003, 2009, and 2013 transportation conformity budgets for CO. In
addition, EPA is approving New York's revised Part 225-3.
Interested parties may participate in the Federal rulemaking
procedure by submitting written comments to the EPA Region 2 Office by
one of the methods discussed in the ADDRESSES section of this action.

VIII. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a significant regulatory action and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This 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 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
approves 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 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does 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 Clean
Air Act. This rule also is not subject to Executive Order 13045
Protection of Children from Environmental Health Risks and Safety Risks
(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 Clean Air 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 Clean Air Act. Thus, the requirements
of section 12(d) of the

[[Page 53308]]

National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations.

Dated: August 11, 2005.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.

? Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:

PART 52--[AMENDED]

? 1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart HH--New York

? 2. Section 52.1670 is amended by adding new paragraph (c)(108) to read
as follows:

Sec. 52.1670 Identification of plans.

* * * * *
(c) * * *
(108) Revisions to the State Implementation Plan submitted on June
22, 2004, by the New York State Department of Environmental
Conservation, which consists of a revision to the carbon monoxide
maintenance plan for Onondaga County.
(i) Incorporation by reference:
(A) Regulation Part 225-3, ``Fuel Composition and Use--Gasoline.''
of Title 6 of the New York Code of Rules and Regulations, filed on
October 5, 2001, and effective on November 4, 2001.

? 3. In Sec. 52.1679, the table is amended by revising the entries under
Title 6 for Part 225-3, Part 228, and Part 239 to read as follows:

Sec. 52.1679 EPA-approved New York State regulations.

----------------------------------------------------------------------------------------------------------------
State effective
New York State regulation date Latest EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Title 6:

* * * * * * *
Part 225-3, Fuel Composition and Use-- 11/4/01 9/08/05 and FR page citation. The Variance adopted by
Gasoline. the State pursuant to
section 225-3.5
becomes applicable
only if approved by
EPA as a SIP revision.

* * * * * * *
Part 228, ``Surface Coating 7/23/03 1/23/04, 69 FR 3240..........
Processes''.

* * * * * * *
Part 239, ``Portable Fuel Container 11/4/02 1/23/04, 69 FR 3240.......... The specific
Spillage Control''. application of
provisions associated
with alternate test
methods, variances and
innovative products,
must be submitted to
EPA as SIP revisions.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

? 4. Section 52.1682 is amended by adding paragraph (c) to read as follows:

Sec. 52.1682 Control strategy: Carbon monoxide.

* * * * *
(c) Approval--The June 22, 2004 revision to the carbon monoxide
maintenance plan for Onondaga County. This revision contains a second
ten-year maintenance plan that demonstrates continued attainment of the
National Ambient Air Quality Standard for carbon monoxide through the
year 2013 and CO conformity budgets for the years 2003, 2009, and 2013.

[FR Doc. 05-17721 Filed 9-7-05; 8:45 am]
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Approval and Promulgation of Implementation Plans; Onondaga County Carbon Monoxide Maintenance Plan Revision; State of New York

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