83 FR 26597 - Adequacy Status of Motor Vehicle Emissions Budgets for the New York Portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT, 2008 8-Hour Ozone Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 111 (June 8, 2018)

Page Range		26597-26598
FR Document		2018-12303

In this document, the Environmental Protection Agency (``EPA'' or ``Agency'') is notifying the public that the Agency has found that the 2017 motor vehicle emissions budgets (``budgets'') for volatile organic compounds (``VOCs'') and nitrogen oxides (``NO<INF>X</INF>'') submitted by the New York State Department of Environmental Conservation for the 2008 national ambient air quality standard (``NAAQS'') for ozone are adequate for transportation conformity purposes for the New York portions of the New York-Northern New Jersey- Long Island, NY-NJ-CT 8-hour ozone nonattainment area. The transportation conformity rule requires that the EPA conduct a public process and make an affirmative decision on the adequacy of these budgets before they can be used by metropolitan planning organizations in conformity determinations. As a result of this finding, upon the effective date of this notification of adequacy, the New York Metropolitan Transportation Council must use these budgets in future transportation conformity determinations. The budgets are contained in New York's November 10, 2017, state implementation plan submittal for the 2008 ozone NAAQS and are associated with the reasonable further progress milestone demonstration.

Federal Register, Volume 83 Issue 111 (Friday, June 8, 2018)

[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Rules and Regulations]
[Pages 26597-26598]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12303]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2018-0197; FRL-9978-07--Region 2]


Adequacy Status of Motor Vehicle Emissions Budgets for the New 
York Portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT, 
2008 8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of adequacy.

-----------------------------------------------------------------------

SUMMARY: In this document, the Environmental Protection Agency (``EPA'' 
or ``Agency'') is notifying the public that the Agency has found that 
the 2017 motor vehicle emissions budgets (``budgets'') for volatile 
organic compounds (``VOCs'') and nitrogen oxides (``NOX'') 
submitted by the New York State Department of Environmental 
Conservation for the 2008 national ambient air quality standard 
(``NAAQS'') for ozone are adequate for transportation conformity 
purposes for the New York portions of the New York-Northern New Jersey-
Long Island, NY-NJ-CT 8-hour ozone nonattainment area. The 
transportation conformity rule requires that the EPA

[[Page 26598]]

conduct a public process and make an affirmative decision on the 
adequacy of these budgets before they can be used by metropolitan 
planning organizations in conformity determinations. As a result of 
this finding, upon the effective date of this notification of adequacy, 
the New York Metropolitan Transportation Council must use these budgets 
in future transportation conformity determinations. The budgets are 
contained in New York's November 10, 2017, state implementation plan 
submittal for the 2008 ozone NAAQS and are associated with the 
reasonable further progress milestone demonstration.

DATES: This finding is effective June 25, 2018.

FOR FURTHER INFORMATION CONTACT: Hannah Greenberg, Environmental 
Protection Agency Region 2, Air Programs Branch, 290 Broadway, 25th 
Floor, New York, New York 10007-1866; (212) 637-3829, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.
    This document is simply an announcement of a finding that we have 
already made. EPA Region 2 sent a letter to the New York State 
Department of Environmental Conservation on April 19, 2018, stating 
that the 2017 motor vehicle emissions budgets (``budgets'') in the 
submitted state implementation plan (``SIP'') for the 2008 national 
ambient air quality standard for ozone for the New York portions of the 
New York-Northern New Jersey-Long Island 8-hour ozone nonattainment 
area are adequate for transportation conformity purposes. These budgets 
are associated with the SIP's reasonable further progress milestone 
demonstration and must apply to future transportation conformity 
determinations conducted by the New York Metropolitan Transportation 
Council (``NYMTC'').
    On November 10, 2017, the New York State Department of 
Environmental Conservation submitted a SIP revision for the New York 
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT, 2008 
8-hour ozone nonattainment area. This revision to the SIP included 2017 
summer day volatile organic compound (``VOC'') and nitrogen oxides 
(``NOX'') motor vehicle emissions budgets associated with 
the SIP's reasonable further progress demonstration. We announced 
availability of the plan and related budgets on the EPA's 
transportation conformity website on December 6, 2017, requesting 
comments by January 5, 2018. We received no comments in response to the 
adequacy review posting.
    This finding will also be available at the EPA's conformity 
website: https://www.epa.gov/state-and-local-transportation/conformity-adequacy-review-region-2.
    The motor vehicle emissions budgets are provided in Table 1 below.

         Table 1--2017 Motor Vehicle Emissions Budgets for NYMTC
                             [Tons per year]
------------------------------------------------------------------------
                        Year                             VOC       NOX
------------------------------------------------------------------------
2017................................................    65.69    117.21
------------------------------------------------------------------------

    Transportation conformity is required by Clean Air Act section 
176(c). The EPA's conformity rule requires that long-range 
transportation plans, transportation improvement programs, and 
transportation projects conform to a state's air quality SIP and 
establishes the criteria and procedures for determining whether or not 
they conform. Conformity to a SIP means that transportation activities 
will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the NAAQS.
    The criteria the EPA uses to determine whether a SIP's motor 
vehicle emission budgets are adequate for conformity purposes are 
outlined in 40 CFR 93.118(e)(4). We have further described our process 
for determining the adequacy of submitted SIP budgets in 40 CFR 
93.118(f), and we followed this rule in making our adequacy 
determination. Please note that an adequacy review is separate from the 
EPA's completeness review and should not be used to prejudge the EPA's 
ultimate action on the SIP. Even if we find a budget adequate, the SIP 
could later be disapproved.
    Pursuant to 40 CFR 93.104(e), within 2 years of the effective date 
of this document, NYMTC and the U.S. Department of Transportation will 
need to demonstrate conformity to the new budgets. For demonstrating 
conformity to the budgets in this plan, the on-road motor vehicle 
emissions from implementation of the long-range transportation plan 
should be projected consistently with the budgets in this plan.

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

    Dated: April 30, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-12303 Filed 6-7-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations 26597

U.S. Senate, the U.S. House of later in proceedings to enforce its Authority: 42 U.S.C. 7401 et seq.
Representatives, and the Comptroller requirements. (See section 307(b)(2)).
General of the United States prior to Subpart D—Arizona
List of Subjects in 40 CFR Part 52
publication of the rule in the Federal
Register. A major rule cannot take effect Environmental protection, Air ■ 2. In § 52.120, table 1 in paragraph (e)
until 60 days after it publishes in the pollution control, Incorporation by is amended by adding the entry
Federal Register. This action is not a reference, Intergovernmental relations, ‘‘Maintenance Plan Renewal, 1971
‘‘major rule’’ as defined by 5 U.S.C. Reporting and recordkeeping Sulfur Dioxide National Ambient Air
804(2). requirements, Sulfur dioxide. Quality Standards, Douglas
Under section 307(b)(1) of the CAA, Authority: 42 U.S.C. 7401 et seq. Maintenance Area’’ after the entry
petitions for judicial review of this Dated: May 25, 2018. ‘‘Modeling and Emissions Inventory
action must be filed in the United States Deborah Jordan, Supplement for the Douglas Sulfur
Court of Appeals for the appropriate Acting Regional Administrator, EPA Region Dioxide Nonattainment Area State
circuit by August 7, 2018. Filing a IX. Implementation and Maintenance Plan
petition for reconsideration by the and Redesignation Request, dated
Administrator of this final rule does not Chapter I, title 40 of the Code of
Federal Regulations is amended as September 2005’’ to read as follows:
affect the finality of this action for the
follows: § 52.120 Identification of plan.
purposes of judicial review nor does it
extend the time within which a petition PART 52—APPROVAL AND * * * * *
for judicial review may be filed, and PROMULGATION OF (e) * * *
shall not postpone the effectiveness of IMPLEMENTATION PLANS
such rule or action. This action
approving the revision to the State of ■ 1. The authority citation for part 52
Arizona’s SIP may not be challenged continues to read as follows:

TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1

Applicable
geographic or EPA approval
Name of SIP provision nonattainment State submittal date Explanation
date
area or
title/subject

* * * * * * *

Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)

* * * * * * *
Maintenance Plan Renewal, 1971 Douglas Sulfur Di- December 14, 2016 ....... June 8, 2018, [in- Adopted by the Arizona Department
Sulfur Dioxide National Ambient oxide Air Qual- sert Federal of Environmental Quality on De-
Air Quality Standards, Douglas ity Planning Register cita- cember 14, 2016. Fulfills require-
Maintenance Area. Area. tion]. ments for second 10-year mainte-
nance plan.

* * * * * * *
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropoli-
tan Phoenix and Tucson Areas.

* * * * * ENVIRONMENTAL PROTECTION SUMMARY: In this document, the
[FR Doc. 2018–12300 Filed 6–7–18; 8:45 am] AGENCY Environmental Protection Agency
BILLING CODE 6560–50–P (‘‘EPA’’ or ‘‘Agency’’) is notifying the
40 CFR Part 52 public that the Agency has found that
the 2017 motor vehicle emissions
[Docket No. EPA–R02–OAR–2018–0197; budgets (‘‘budgets’’) for volatile organic
FRL–9978–07—Region 2] compounds (‘‘VOCs’’) and nitrogen
oxides (‘‘NOX’’) submitted by the New
Adequacy Status of Motor Vehicle York State Department of
Emissions Budgets for the New York Environmental Conservation for the
Portion of the New York-Northern New 2008 national ambient air quality
Jersey-Long Island, NY–NJ–CT, 2008 standard (‘‘NAAQS’’) for ozone are
amozie on DSK3GDR082PROD with RULES

8-Hour Ozone Nonattainment Area adequate for transportation conformity
purposes for the New York portions of
AGENCY: Environmental Protection the New York-Northern New Jersey-
Agency (EPA). Long Island, NY–NJ–CT 8-hour ozone
nonattainment area. The transportation
ACTION: Notification of adequacy.
conformity rule requires that the EPA

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26598 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations

conduct a public process and make an 5, 2018. We received no comments in ENVIRONMENTAL PROTECTION
affirmative decision on the adequacy of response to the adequacy review AGENCY
these budgets before they can be used by posting.
metropolitan planning organizations in This finding will also be available at 40 CFR Part 52
conformity determinations. As a result the EPA’s conformity website: https:// [EPA–R07–OAR–2018–0319; FRL–9979–
of this finding, upon the effective date www.epa.gov/state-and-local- 11—Region 7]
of this notification of adequacy, the New transportation/conformity-adequacy-
York Metropolitan Transportation review-region-2. Adequacy Determination for the St.
Council must use these budgets in The motor vehicle emissions budgets Louis Area 2008 8-Hour Ozone
future transportation conformity are provided in Table 1 below. Redesignation Request and
determinations. The budgets are Maintenance State Implementation
contained in New York’s November 10, TABLE 1—2017 MOTOR VEHICLE Plan, Motor Vehicle Emissions
2017, state implementation plan EMISSIONS BUDGETS FOR NYMTC Budgets for Transportation Conformity
submittal for the 2008 ozone NAAQS Purposes; State of Missouri
[Tons per year]
and are associated with the reasonable
further progress milestone AGENCY: Environmental Protection
Year VOC NOX Agency (EPA).
demonstration.
DATES: This finding is effective June 25, 2017 65.69 117.21 ACTION: Notification of adequacy
2018. determination.
FOR FURTHER INFORMATION CONTACT: Transportation conformity is required
SUMMARY: In this document, the EPA is
Hannah Greenberg, Environmental by Clean Air Act section 176(c). The
notifying the public that the St. Louis
Protection Agency Region 2, Air EPA’s conformity rule requires that
area 2008 8-hour ozone redesignation
Programs Branch, 290 Broadway, 25th long-range transportation plans,
request and maintenance plan motor
Floor, New York, New York 10007– transportation improvement programs,
vehicle emission budgets (MVEBs) for
1866; (212) 637–3829, and transportation projects conform to a
volatile organic compounds (VOCs) and
greenberg.hannah@epa.gov. state’s air quality SIP and establishes the
nitrogen oxides (NOX) are adequate for
SUPPLEMENTARY INFORMATION: criteria and procedures for determining
transportation conformity purposes. As
Throughout this document, whenever whether or not they conform.
a result, these budgets must be used by
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Conformity to a SIP means that
the State of Missouri for future
the EPA. transportation activities will not
transportation conformity
This document is simply an produce new air quality violations,
determinations for the St. Louis area.
announcement of a finding that we have worsen existing violations, or delay
timely attainment of the NAAQS. DATES: This finding is effective June 22,
already made. EPA Region 2 sent a letter
The criteria the EPA uses to 2018.
to the New York State Department of
Environmental Conservation on April determine whether a SIP’s motor vehicle FOR FURTHER INFORMATION CONTACT:
19, 2018, stating that the 2017 motor emission budgets are adequate for Heather Hamilton, at (913) 551–7039, by
vehicle emissions budgets (‘‘budgets’’) conformity purposes are outlined in 40 email at Hamilton.heather@epa.gov, or
in the submitted state implementation CFR 93.118(e)(4). We have further by mail at U.S. Environmental
plan (‘‘SIP’’) for the 2008 national described our process for determining Protection Agency, Air Planning and
ambient air quality standard for ozone the adequacy of submitted SIP budgets Development Branch, 11201 Renner
for the New York portions of the New in 40 CFR 93.118(f), and we followed Boulevard, Lenexa, Kansas 66219.
York-Northern New Jersey-Long Island this rule in making our adequacy SUPPLEMENTARY INFORMATION:
8-hour ozone nonattainment area are determination. Please note that an Throughout this document ‘‘we,’’ ‘‘us,’’
adequate for transportation conformity adequacy review is separate from the or ‘‘our’’ refer to EPA. The word
purposes. These budgets are associated EPA’s completeness review and should ‘‘budget(s)’’ refers to the motor vehicle
with the SIP’s reasonable further not be used to prejudge the EPA’s emission budgets (MVEBs) for volatile
progress milestone demonstration and ultimate action on the SIP. Even if we organic compounds and nitrogen
must apply to future transportation find a budget adequate, the SIP could oxides. For the purposes of this
conformity determinations conducted later be disapproved. document, ‘‘SIP’’ refers to the St. Louis
by the New York Metropolitan Pursuant to 40 CFR 93.104(e), within Area 2008 8-Hour Ozone Redesignation
Transportation Council (‘‘NYMTC’’). 2 years of the effective date of this Request and Maintenance State
On November 10, 2017, the New York document, NYMTC and the U.S. Implementation Plan, submitted by
State Department of Environmental Department of Transportation will need Missouri Department of Natural
Conservation submitted a SIP revision to demonstrate conformity to the new Resources to EPA as a SIP revision on
for the New York portion of the New budgets. For demonstrating conformity September 12, 2016. The Plan was
York-Northern New Jersey-Long Island, to the budgets in this plan, the on-road revised on February 16, 2018.
NY–NJ–CT, 2008 8-hour ozone motor vehicle emissions from This document is an announcement of
nonattainment area. This revision to the implementation of the long-range a finding that EPA has already made.
SIP included 2017 summer day volatile transportation plan should be projected EPA Region 7 sent a letter to Missouri
organic compound (‘‘VOC’’) and consistently with the budgets in this Department of Natural Resources on
nitrogen oxides (‘‘NOX’’) motor vehicle plan. May 15, 2018, stating that the MVEBs
emissions budgets associated with the contained in the Redesignation Request
amozie on DSK3GDR082PROD with RULES

Authority: 42 U.S.C. 7401–7671 q.
SIP’s reasonable further progress and Maintenance Plan are adequate for
Dated: April 30, 2018.
demonstration. We announced transportation conformity purposes. As
availability of the plan and related Peter D. Lopez, a result of EPA’s finding, the State of
budgets on the EPA’s transportation Regional Administrator, Region 2. Missouri must use the MVEBs from the
conformity website on December 6, [FR Doc. 2018–12303 Filed 6–7–18; 8:45 am] February 16, 2018, Redesignation
2017, requesting comments by January BILLING CODE 6560–50–P Request and Maintenance Plan for

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Document Created: 2018-06-08 01:23:15
Document Modified: 2018-06-08 01:23:15

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notification of adequacy.
Dates		This finding is effective June 25, 2018.
Contact		Hannah Greenberg, Environmental Protection Agency Region 2, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866; (212) 637-3829, [email protected]
FR Citation		83 FR 26597