VOL. 58, No. 187
Rules and Regulations
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Parts 52 and 81
[Region II Docket No. 123, NY7-1-6046; FRL-4728-2]
Approval and Promulgation of Implementation Plans; Designation of Areas For Air Quality Planning Purposes; State of New York
58 FR 50851
DATE: Wednesday, September 29, 1993
ACTION: Final rule.
SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to New York's State Implementation Plan (SIP) which includes the Syracuse carbon monoxide (CO) maintenance plan. EPA is also approving a request to redesignate Onondaga County to attainment of the CO air quality standard.
EFFECTIVE DATE: This action will be effective on September 29, 1993.
ADDRESSES: Copies of the State submittals are available at the following addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Library, 26 Federal Plaza, room 402, New York, New York 10278.
Environmental Protection Agency, Jerry Kurtzweg ANR-443, 401 M Street, SW., Washington, DC 20460.
New York State Department of Environmental Conservation, Division of Air Resources, 50 Wolf Road, Albany, New York 12233.
FOR FURTHER INFORMATION CONTACT: Robert Kelly, Acting Chief, State Implementation Plan Section, Air Programs Branch, Environmental Protection Agency, 26 Federal Plaza, room 1034A, New York, New York 10278, (212) 264-2517.
SUPPLEMENTARY INFORMATION: On November 12, 1992 New York submitted a request to revise its SIP for Onondaga County for CO. The revision consisted of a maintenance plan for CO. At the same time New York also requested the redesignation of Onondaga County to attainment for CO.
EPA proposed to approve the State's maintenance plan and redesignation on July 15, 1993 (58 FR 38108). In that notice, EPA described how the State met the Clean Air Act requirements for redesignation. The State's request showed that the existing SIP has produced demonstrated attainment of the CO standard in Onondaga County. The State's submittal also included an approvable revision to the New York SIP providing for maintenance of the air quality standard for the next ten years by continued implementation of the SIP. This SIP revision met the requirements of section 175A for maintenance plans. The maintenance plan will be a federally enforceable part of the CO SIP for Onondaga County. The Clean Air Act requires that eight years from the date of this redesignation, New York State must submit a revised maintenance plan to assure maintenance of the CO standard for another ten years. The reader is referred to the July 15, 1993 Federal Register for further information.
EPA received several letters commenting on the proposal to approve the maintenance plan and to redesignate Onondaga County to attainment. Most letters supported the proposal. Two letters disagreed with EPA's proposed action. In one letter the writer requested that EPA continue Onondaga County's designation as not attaining the air quality standard. The writer perceives that air quality in Syracuse is "dirty" in general and that use of oxygenated fuels would be a small price to pay for cleaner air. This rulemaking to redesignate Onondaga County is based solely on measured air quality in Syracuse that is better than national air quality standards for CO without the emission reductions attributable to oxygenated fuels. Since the measured air quality is from the peak CO "hot-spot" in downtown Syracuse, EPA is assured that the CO standard is met in the entire County. In addition, the maintenance plan will insure that the measures that brought about the improved air quality will provide for CO concentrations that continue to meet national air quality standards. The maintenance plan also provides for the reinstitution of the oxygenated fuels program if air quality concentrations exceed the national ambient air quality standards for CO. Thus, this letter did not provide any information that challenged the information provided by New York in its redesignation request.
The other writer that disagreed with EPA's action presented three reasons why EPA should not approve New York's redesignation request: (1) Onondaga County might have violated the air quality standard for CO during the winter of 1992-3 if the oxygenated fuels program had not been in place; (2) The oxygenated fuels program allows the use of ethanol as an oxygenate, thus decreasing use of imported oil and fossil fuels in general and supports farmers in America that grow corn for ethanol; and (3) New York State regulations mandate the sale of oxygenated fuels in the Syracuse area and if EPA redesignates the area to attainment, New York will have to enforce an unnecessary law. The first comment states that the use of oxygenated fuels masked any possible violations of the CO standard in Syracuse last winter. However, as EPA noted in its proposed action, monitoring data from Syracuse showed attainment with air quality standards in 1990 and 1991, without the help of oxygenated fuels. These data met the EPA requirement for two years of data attaining the air quality standard that is needed for redesignation. Air quality data from 1992 shows that the air quality standard was not exceeded in 1992, and the Syracuse area only had oxygenated fuel for the last two months of that year. The maintenance plan submitted by New York demonstrates that the federal motor vehicle program and local transportation programs will continue to reduce CO emissions and CO concentrations in Syracuse. If the CO standard is exceeded at the monitoring site in the future, the maintenance plan commits New York to re-implement the oxygenated fuels program. Comments 2 and 3 do not provide information that challenge the State's demonstration that national air quality standards will be attained and maintained in Onondaga County.
Since neither commenter provided information that contradicts EPA's finding that the area has met the criteria for redesignation to attainment, delay in redesignating Onondaga County to attainment is unwarranted and would deny redesignation to an area that meets Clean Air Act requirements. Therefore, EPA is approving New York's redesignation request.
EPA is approving New York's request to redesignate Onondaga County to attainment of CO standard because the State's submittals meet the requirements of Federal law for redesignations to attainment. These requirements are in section 107(d)(3)(E) of the Clean Air Act. This approval will put into place a revision to the SIP for Onondaga County, New York that will assure that the CO standard continues to be maintained for the next ten years. Because EPA is approving the maintenance plan and because the area meets Clean Air Act requirements for redesignation to attainment, Onondaga County will be designated as attaining the CO national ambient air quality standards.
EPA is making this rule effective upon date of publication in the Federal Register to provide as much time as possible should New York decide to revise its oxygenated fuel rule to exempt the Syracuse metropolitan area and for fuel distributors to modify distribution plans in response to these changes. In addition, this approval imposes no new requirements on sources since the measures in the maintenance plan were previously approved as part of the SIP and the maintenance plan contains no new requirements for the area. (See 5 U.S.C. 553d(1).)
Nothing in this 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.
This rule has been classified as a table 2 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of Management and Budget (OMB) waived tables 2 and 3 SIP revisions (54 FR 2222) from the requirements of section 3 of Executive Order 12291 for a period of two years.
EPA has submitted a request for a permanent waiver for tables 2 and 3 SIP revisions from the requirements of section 3 of Executive Order 12291. OMB has agreed to continue the temporary wavier until such time as it rules on EPA's request.
Under section 307(b)(1) of the Act, petitions for judicial review of this rule must be filed in the United States Court of Appeals for the appropriate circuit within 60 days from date of publication. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed and shall not postpone the effectiveness of such rule or action. This rule may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Air pollution control, Carbon monoxide, Reporting and recordkeeping requirements.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: September 3, 1993.
William J. Muszynski, P.E., Acting Regional Administrator.
Title 40, chapter I of the Code of Federal Regulations is amended as follows:
PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart HH-New York
2. Section 52.1670 is amended by adding paragraph (c)(86) to read as follows:
@ 52.1670 -- Identification of plan.
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(c) * * *
(86) Revision to the state implementation plan for Onondaga County was submitted by the Governor on November 13, 1992. Revisions include a maintenance plan which demonstrates continued attainment of the NAAQS for carbon monoxide through the year 2003.
(i) Incorporation by reference.
(A) Maintenance Plan-Chapter 8 of New York State Implementation Plan Redesignation Request for Onondaga County as Attainment for Carbon Monoxide, November 1992.
(ii) Additional information.
(A) New York State Implementation Plan-Redesignation Request for Onondaga County as Attainment for Carbon Monoxide, November 1992.
(B) January 12, 1993 letter from Thomas M. Allen, NYSDEC to Conrad Simon, EPA, providing the results of the public hearing on the State's proposal.
(C) January 12, 1993 letter from Thomas M. Allen, NYSDEC, to Conrad Simon, EPA, providing documentation of emission inventory submitted on November 13, 1992.
(D) June 18, 1993 letter from Thomas M. Allen, NYSDEC, to Conrad Simon, EPA, correcting submitted material.
PART 81-DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In section 81.333 the designation table for carbon monoxide is amended by revising the entry for Onondaga County under Syracuse Area to read as follows:
@ 81.333 -- New York.
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New York-Carbon Monoxide Designated area Designation Classification Date fn 1 Type Date fn Type 1 * * * * * * * Syracuse Area: Onondaga County September Unclassifiable/ 29, 1993 attainment
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fn 1 This date is November 15, 1990, unless otherwise noted.
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[FR Doc. 93-23760 Filed 9-28-93; 8:45 am]
BILLING CODE 6560-50-P