Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 17801 

(g) Implementation of final 

determination—(1) Notice of final 

determination to discontinue USPSoperated retail facility. The District 

Manager must: 

(i) Provide notice of the Final 

Determination by posting a copy 

prominently in the USPS-operated retail 

facilities likely to be serving the affected 

customers. The date of posting must be 

noted on the first page of the posted 

copy as follows: ‘‘Date of posting.’’ 

(ii) Ensure that a copy of the 

completed record is available for public 

inspection during normal business 

hours at each USPS-operated retail 

facility where the Final Determination is 

posted for 30 days from the posting 

date. 

(iii) Provide copies of documents in 

the record on request and payment of 

fees as noted in chapter 4 of Handbook 

AS–353, Guide to Privacy, the Freedom 

of Information Act, and Records 

Management. 

(2) Implementation of determinations 

not appealed. If no appeal is filed, the 

official closing date of the office must be 

published in the Postal Bulletin and 

effective, at the earliest, 60 days after 

the first day that Final Determination 

was posted. A District Manager may 

request a different date for official 

discontinuance in the Retail Change 

Announcement document submitted to 

the responsible Vice President or a 

designee. However, the USPS-operated 

retail facility may not be discontinued 

sooner than 60 days after the first day 

of the posting of the notice required by 

paragraph (g)(1) of this section. 

(3) Actions during appeal—(i) 

Implementation of discontinuance. If an 

appeal is filed, only the responsible 

Vice President may direct a 

discontinuance before disposition of the 

appeal. However, the USPS-operated 

retail facility may not be permanently 

discontinued sooner than 60 days after 

the first day of the posting of the notice 

required by paragraph (g)(1) of this 

section. 

(ii) Display of appeal documents. The 

Office of General Counsel must provide 

the District Manager with copies of all 

pleadings, notices, orders, briefs, and 

opinions filed in the appeal proceeding. 

(A) The District Manager must ensure 

that copies of all these documents are 

prominently displayed and available for 

public inspection in the USPS-operated 

retail facility to be discontinued. If the 

operation of that USPS-operated retail 

facility has been suspended, the District 

Manager must ensure that copies are 

displayed in the USPS-operated retail 

facilities likely to be serving the affected 

customers. 

(B) All documents except the Postal 

Regulatory Commission’s final order 

and opinion must be displayed until the 

final order and opinion are issued. The 

final order and opinion must be 

displayed at the USPS-operated retail 

facility to be discontinued for 30 days 

or until the effective date of the 

discontinuance, whichever is earlier. 

The final order and opinion must be 

displayed for 30 days in the USPSoperated retail facilities likely to be 

serving the affected customers. 

(4) Actions following appeal 

decision—(i) Determination affirmed. If 

the Commission dismisses the appeal or 

affirms the Postal Service’s 

determination, the official closing date 

of the office must be published in the 

Postal Bulletin, effective anytime after 

the Commission renders its opinion, if 

not previously implemented under 

§ 241.3(g)(3)(i). However, the USPSoperated retail facility may not be 

discontinued sooner than 60 days after 

the first day of the posting of the notice 

required under § 241.3(g)(1). 

(ii) Determination returned for further 

consideration. If the Commission 

returns the matter for further 

consideration, the responsible Vice 

President must direct that either: 

(A) Notice be provided under 

paragraph (f)(3) of this section that the 

proposed discontinuance is determined 

not to be warranted or 

(B) The matter be returned to an 

appropriate stage under this section for 

further consideration following such 

instructions as the responsible Vice 

President may provide. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2011–7555 Filed 3–28–11; 4:15 pm] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–1058, FRL–9288–5] 

Approval and Promulgation of 

Implementation Plans; New York 

Reasonable Further Progress Plans, 

Emissions Inventories, Contingency 

Measures and Motor Vehicle 

Emissions Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing action on 

portions of a proposed State 

Implementation Plan revision submitted 

by New York that are intended to meet 

several Clean Air Act requirements for 

attaining the 0.08 part per million 8- 

hour ozone national ambient air quality 

standards. EPA is proposing to approve: 

the 2002 base year emission inventory 

and the projection year emissions, the 

motor vehicle emissions budgets used 

for planning purposes, the reasonable 

further progress plan, and the 

contingency measures as they relate to 

the New York portion of the New YorkNorthern New Jersey-Long Island, NY– 

NJ–CT and the Poughkeepsie 8-hour 

ozone moderate nonattainment areas. 

DATES: Comments must be received on 

or before May 2, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket Number EPA–R02– 

OAR–2010–1058, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901. 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 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 

Docket No. EPA–R02–OAR–2010–1058. 

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:// 

www.regulations.gov, 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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, 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 http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 


sroberts on DSK3CLS3C1PROD with PROPOSALS
17802 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 

1Unless otherwise specifically noted in the 

action, references to the 8-hour ozone standard are 

to the 0.08 ppm ozone standard promulgated in 

1997. 

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 or any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Raymond Forde 

(forde.raymond@epa.gov) concerning 

emission inventories and reasonable 

further progress and Kirk Wieber 

(wieber.kirk@epa.gov) concerning other 

portions of the SIP revision, Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–4249. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA proposing? 

II. Background Information 

A. What are the Act requirements for a 

Moderate 8-hr Ozone Nonattainment 

Area? 

1. History and Time Frame for the State’s 

Attainment Demonstration SIP 

2. Moderate Area Requirements 

III. What was included in New York’s 

proposed SIP submittals? 

IV. EPA’s Review and Technical Information 

A. Emission Inventories 

1. What are the Act requirements? 

2. What emission inventories were 

included in the SIP? 

3. What is EPA’s evaluation? 

B. Reasonable Further Progress Plans 

1. What are the Act requirements? 

2. What reasonable further progress plans 

were included in the SIP? 

3. What is EPA’s evaluation? 

C. Contingency Measures 

1. What are the Act requirements? 

2. What contingency measures were 

included in the SIP? 

3. What is EPA’s evaluation? 

D. Motor Vehicle Emissions Budgets 

1. What are the Act requirements? 

2. What motor vehicle emissions budgets 

were included in the SIP? 

3. What is EPA’s evaluation? 

V. What are EPA’s conclusions? 

VI. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

The Environmental Protection Agency 

(EPA) has reviewed elements of New 

York’s proposed comprehensive State 

Implementation Plan (SIP) revisions for 

the 0.08 parts per million (ppm) 8-hour 

ozone national ambient air quality 

standards (NAAQS or standard) 1 along 

with other related Clean Air Act (Act) 

requirements necessary to ensure 

attainment of the standard. The EPA is 

proposing to approve into the SIP the 

following elements: The State-wide 

2002 base year emissions inventory, the 

ozone projection emission inventory, 

the motor vehicle emissions budgets 

used for planning purposes, the 

reasonable further progress (RFP) plan 

and the contingency measures. At this 

time, EPA is continuing to review the 

other components of the New York 

submissions (i.e., attainment 

demonstrations and New York’s request 

for a voluntary reclassification of the 

New York-Northern New Jersey-Long 

Island, NY–NJ–CT 8-hour ozone 

nonattainment area from ‘‘moderate’’ to 

‘‘serious’’) and plans to address those 

other components of the proposed SIP 

submittals in one or more separate 

proposed actions in the near future. 

EPA’s analysis and findings are 

discussed in this proposed rulemaking 

and a more detailed discussion is 

contained in the Technical Support 

Document for this Proposal, which is 

available on line at http:// 

www.regulations.gov, Docket number 

EPA–R02–OAR–2010–1058. 

II. Background Information 

A. What are the Act requirements for a 

Moderate 8-hour Ozone Nonattainment 

Area? 

1. History and Time Frame for the 

State’s Attainment Demonstration SIP 

In 1997, EPA revised the health-based 

NAAQS for ozone, setting it at 0.08 ppm 

averaged over an 8-hour period. EPA set 

the 8-hour ozone standard based on 

scientific evidence demonstrating that 

ozone causes adverse health effects at 

lower ozone concentrations and over 

longer periods of time than was 

understood when the pre-existing 1- 

hour ozone standard was set. EPA 

determined that the 8-hour standard 

would be more protective of human 

health, especially with regard to 

children and adults who are active 

outdoors, and individuals with a preexisting respiratory disease, such as 

asthma. 

On April 30, 2004 (69 FR 23951), EPA 

finalized its attainment/nonattainment 

designations for areas across the country 

with respect to the 8-hour ozone 

standard. These actions became 

effective on June 15, 2004. The three 8- 

hour ozone moderate nonattainment 

areas located in New York State are, the 

New York-Northern New Jersey-Long 

Island, NY–NJ–CT nonattainment area, 

the Poughkeepsie nonattainment area, 

and the Jefferson County nonattainment 

area. The New York portion of the New 

York-Northern New Jersey-Long Island, 

NY–NJ–CT nonattainment area is 

composed of the five boroughs of New 

York City and the surrounding counties 

of Nassau, Suffolk, Westchester and 

Rockland. This is collectively referred to 

as the New York City Metropolitan Area 

or NYMA. The Poughkeepsie 

nonattainment area is composed of 

Dutchess, Orange and Putnam counties. 

On March 25, 2008 (73 FR 15672) EPA 

determined that Jefferson County 

attained the 8-hour ozone standard. 

These designations triggered the Act’s 

requirements under section 182(b) for 

moderate nonattainment areas, 

including a requirement to submit a 

demonstration of attainment. To assist 

States in meeting the Act’s requirements 

for ozone, EPA released an 8-hour ozone 

implementation rule in two Phases. 

EPA’s Phase 1 8-hour ozone 

implementation rule, published on 

April 30, 2004 (69 FR 23951) and 

referred to as the Phase 1 Rule, specifies 

that States must submit these attainment 

demonstrations to EPA by no later than 

three years from the effective date of 

designation, that is, submit them by 


sroberts on DSK3CLS3C1PROD with PROPOSALS
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 17803 

2On December 22, 2006, the United States Court 

of Appeals for the District of Columbia Circuit (the 

Court) vacated the Phase 1 Rule. South Coast Air 

Quality Management Dist. v. EPA, 472 F.3d 882 (DC 

Cir. 2006). Subsequently, in South Coast Air 

Quality Management Dist. v. EPA, 489 F.3d 1295 

(DC Cir. 2007), in response to several petitions for 

rehearing, the Court clarified that the Phase 1 Rule 

was vacated only with regard to those parts of the 

rule that had been successfully challenged. The 

court did not vacate the portions of the Phase 1 

Rule relating to EPA’s classification system under 

subpart 2. The portions of the rule that were 

vacated to not affect this proposed action. 

June 15, 2007.2 On November 9, 2005, 

EPA published Phase 2 of the 8-hour 

ozone implementation rule (70 FR 

71612), referred to as the Phase 2 Rule, 

which addresses the control obligations 

that apply to areas designated 

nonattainment for the 8-hour NAAQS. 

2. Moderate Area Requirements 

Among other things, the Phase 1 and 

Phase 2 Rules outline the SIP 

requirements and deadlines for various 

requirements in areas designated as 

moderate nonattainment. For such 

areas, RACT plans were due by 

September 15, 2006 (40 CFR 

51.912(a)(2)). The rules further require 

that modeling and attainment 

demonstrations, RFP plans, RACM 

analysis, projection year emission 

inventories, motor vehicle emissions 

budgets and contingency measures were 

all due by June 15, 2007 (40 CFR 

51.908(a), and (c)). 

III. What was included in New York’s 

proposed SIP submittals? 

After completing the appropriate 

public notice and comment procedures, 

New York made a series of submittals in 

order to address the Act’s 8-hour ozone 

attainment requirements previously 

described in Section II.A.2. On 

September 1, 2006, New York submitted 

its proposed State-wide 8-hour ozone 

RACT SIP, which included a 

determination that many of the RACT 

rules currently contained in its SIP meet 

the RACT obligation for the 8-hour 

standard. On February 8, 2008, New 

York submitted two proposed 

comprehensive 8-hour ozone SIPs—one 

for the NYMA, entitled, ‘‘New York SIP 

for Ozone—Attainment Demonstration 

for New York Metro Area’’ and one for 

the Poughkeepsie nonattainment area, 

entitled, ‘‘New York SIP for Ozone— 

Attainment Demonstration for 

Poughkeepsie, NY Area’’. On December 

28, 2009 and January 26, 2011, New 

York supplemented its February 8, 2008 

submittal. The submittals included the 

2002 base year emissions inventory, 

projection year emissions, attainment 

demonstrations, RFP plans, RACM 

analysis, RACT analysis, contingency 

measures and on-road motor vehicle 

emission budgets. These proposed SIP 

revisions were subject to notice and 

comment by the public and the State 

addressed the comments received on the 

proposed SIPs before adopting the plans 

and submitting them for EPA review 

and rulemaking action. 

With respect to the Poughkeepsie 

area, EPA has evaluated its air quality 

monitoring data and has determined the 

Poughkeepsie area has attained the 8- 

hour ozone standard. On December 7, 

2009, EPA announced this 

determination in the Federal Register 

(74 FR 63993). Consistent with 40 CFR 

51.918, this determination suspends the 

requirements for various SIP items, 

including, the requirement to submit an 

attainment demonstration, an RFP plan, 

and section 172(c)(9) contingency 

measures for the eight-hour ozone 

NAAQS for so long as the area 

continues to attain the ozone NAAQS. 

Therefore, EPA is not taking action on 

these proposed SIP elements for the 

Poughkeepsie area that are contained in 

the 8-hour ozone SIP proposal that was 

submitted to EPA on February 8, 2008. 

However, EPA is taking action on the 

2002 base year emissions inventory for 

the Poughkeepsie Area. 

In addition to the previously 

mentioned 8-hour ozone SIP submittals, 

on April 4, 2008, New York submitted 

to EPA a request for a voluntary 

reclassification of the New YorkNorthern New Jersey-Long Island, NY– 

NJ–CT 8-hour ozone nonattainment area 

from ‘‘moderate’’ to ‘‘serious’’ pursuant to 

section 181(b)(3) of the Act. 

Additionally, on June 14, 2010, New 

York submitted to EPA a Clean Data 

Petition for the New York-Northern New 

Jersey-Long Island, NY–NJ–CT 8-hour 

ozone nonattainment area. At this time, 

EPA is continuing to review collectively 

New York’s request for a voluntary 

reclassification of the New YorkNorthern New Jersey-Long Island, NY– 

NJ–CT 8-hour ozone nonattainment area 

and Clean Data Petition and plans to 

address New York’s requests in a 

separate proposed action in the near 

future. 

On July 23, 2010 (75 FR 43066), EPA 

conditionally approved the reasonably 

available control technology 

requirement as it relates to the entire 

State of New York, including the New 

York portion of the New York-Northern 

New Jersey-Long Island, NY–NJ–CT and 

the Poughkeepsie 8-hour ozone 

moderate nonattainment areas and also 

conditionally approved the reasonably 

available control measure analysis as it 

relates to the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY–NJ–CT 8-hour ozone 

moderate nonattainment area. 

IV. EPA’s Review and Technical 

Information 

A. Emission Inventories 

1. What are the Act requirements? 

An emissions inventory is a 

comprehensive, accurate, current 

inventory of actual emissions from all 

sources and is required by section 

172(c)(3) of the Act. For ozone 

nonattainment areas, the emissions 

inventory must contain volatile organic 

compounds (VOC), nitrogen oxides 

(NOX) and carbon monoxide (CO) 

emissions because these pollutants are 

precursors to ozone formation. 

2. What emission inventories were 

included in the SIP? 

a. 2002 Base Year 

New York submitted its proposed and 

final 2002 base year emissions 

inventories. A summary of the 2002 

base year emissions inventory for the 

NYMA, the Poughkeepsie area and for 

the entire State are included in Tables 

1A–2B of this action. 

b. Projection Years 

The 2002 VOC and NOX

anthropogenic emissions are projected 

to 2008 in order to determine the VOC 

and NOX reductions needed for the 15 

percent RFP plan for the NYMA. The 

2008 projection year emission inventory 

was calculated by adjusting the 2002 

base year inventory using factors that 

estimate growth from 2002 to the 2008 

projection year. EPA requires specific 

growth factors be considered for each 

source type in the inventory since 

source emissions typically change at 

different rates. The 2008 projection 

inventory was also adjusted by the State 

to reflect the benefits of control 

measures that were adopted since the 

2002 emission inventory. Table 3 shows 

the 2008 VOC and NOX projection 

emission inventory after applying the 

appropriate growth indicators/ 

methodologies and expected controls to 

the 2002 base year emissions inventory 

for the NYMA. 


sroberts on DSK3CLS3C1PROD with PROPOSALS
17804 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 

TABLE 1A—2002 BASE YEAR INVENTORY SUMMERTIME DAILY EMISSIONS

[In tons/day] 

NYMA Poughkeepsie area 

VOC NOX CO VOC NOX CO 

Point ......................................................... 10.7 174.4 39.49 3.78 17.88 2.67 

Area .......................................................... 445.4 77.6 28.70 38.23 5.39 5.67 

Non-road .................................................. 283.5 186.2 2,824.03 26.48 16.93 199.65 

On-road .................................................... 236.8 327.3 2,384.72 32.46 50.33 410.39 

Total .................................................. 976.40 762.5 5,276.90 100.95 91.10 618.38 

TABLE 1B—2002 BASE YEAR INVENTORY ANNUAL EMISSIONS

[In tons/year] 

NYMA Poughkeepsie area 

VOC NOX CO VOC NOX CO 

Point ......................................................... 3,570 45,634 10,737 1,396 6,672 960 

Area .......................................................... 152,147 54,494 23,834 18,825 3,695 19,755 

Non-road .................................................. 60,635 55,984 667,739 5,161 5,313 42,689 

On-road .................................................... 81,499 124,640 1,106,919 11,250 19,435 189,510 

Total .................................................. 297,851 280,752 1,809,229 36,632 35,115 243,914 

TABLE 2A—2002 ENTIRE NEW YORK STATE EMISSIONS INVENTORY SUMMERTIME DAILY EMISSIONS

[In tons/day] 

VOC NOX CO 

Point ......................................................................................................................................................... 41.52 377.25 188.23 

Area ......................................................................................................................................................... 855.1 162.9 148.31 

Non-road .................................................................................................................................................. 749.45 400.78 5,386.05 

On-road .................................................................................................................................................... 546.65 844.22 6,518.33 

Total .................................................................................................................................................. 2,192.72 1,784.65 12,240.92 

TABLE 2B—2002 ENTIRE NEW YORK STATE EMISSIONS INVENTORY ANNUAL EMISSIONS

[In tons/year] 

VOC NOX CO 

Point ......................................................................................................................................................... 15,034 118,765 66,157 

Area ......................................................................................................................................................... 503,797 98,804 356,287 

Non-road .................................................................................................................................................. 157,892 119,808 1,206,370 

On-road .................................................................................................................................................... 179,731 313,890 2,942,730 

Total .................................................................................................................................................. 855,454 651,267 4,571,544 

TABLE 3—NYMA—2002 BASE YEAR AND 2008 PROJECTION YEAR EMISSION INVENTORIES

[In tons/day] 

2002 base year actual 

inventory 

2008 projection year inventory 

(controlled) 

VOC NOX VOC NOX

Point ................................................................................................................. 10.7 174.4 19.8 178.9 

Area ................................................................................................................. 445.4 77.6 413.6 84.4 

Non-Road Mobile ............................................................................................. 283.5 186.2 215.1 174.4 

On-Road Mobile ............................................................................................... 236.8 327.3 148.8 211.8 

Total .......................................................................................................... 976.40 762.5 798.4 649.5 


sroberts on DSK3CLS3C1PROD with PROPOSALS
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 17805 

3. What is EPA’s evaluation? 

Based on EPA’s review, the 2002 base 

year emissions inventory for the NYMA, 

the Poughkeepsie area and the entire 

State includes essential data elements, 

source categories, sample calculations 

or report documentation to allow EPA to 

adequately determine if the inventory is 

accurate and complete. Consequently, 

New York’s 2002 base year emissions 

inventory is consistent with the ozone 

base year emission inventory reporting 

requirements based on EPA guidance. 

Similarly, EPA has determined the 2008 

projection year emissions inventory for 

the NYMA is consistent with the 

essential emission inventory reporting 

requirements. New York’s 2002 base 

year inventories are consistent with the 

ozone base year emission inventory 

reporting requirements for the following 

reasons: 

• The point and area source 

emissions inventory reports identify the 

actual activity data and emissions 

factors. 

• Information on how rule 

effectiveness, control efficiencies and 

rule penetration, where appropriate, are 

applied and the associated sample 

calculations with numerical values are 

provided. 

• Point and area source inventory 

documentation identifies emissions 

factors, activity levels, seasonal 

adjustment factors, and sample 

calculations. Referenced information for 

the input values to equations was 

identified. 

• Point, area, non-road and on-road 

mobile source emissions are presented 

on a source by source category basis or 

on a county basis. 

• The appropriate non-road and onroad emissions model are used. 

• Annual and summertime daily 

point, area, non-road and on-road 

emissions are identified in the 

inventory. 

New York’s 2008 projection year 

inventory is consistent with the 

emission inventory reporting 

requirements for the following reasons: 

• For projecting point, area, non-road 

and on-road mobile emissions, there is 

evidence the uncontrolled projection 

emission inventories were projected 

from 2002 to 2008 and controls applied 

correctly for future years. 

• Point and area source inventory 

source documentation identify growth 

factors, emissions factors, activity 

levels, seasonal adjustment factors, and 

sample calculations. The referenced 

information for the input values into 

equations was included. 

• Point, area, non-road and on-road 

projection inventories identify summary 

reports on a source by source basis. 

With this information and 

documentation, EPA is able to verify the 

accuracy and representativeness of the 

base year and projection year emission 

inventories and whether the RFP plans 

are calculated correctly and result in 

sufficient emissions reductions towards 

achieving attainment. 

A more detailed discussion of how 

the emission inventories were reviewed 

and the results of EPA’s review are 

provided in the Technical Support 

Document (TSD) for this action. EPA is 

proposing to approve the 2002 base year 

for the NYMA and Poughkeepsie ozone 

nonattainment areas and the entire State 

and the 2008 projection year emission 

inventories for the NYMA area as the 

State used these inventories in 

developing the RFP plan. 

New York also submitted 2008 and 

2009 projection year inventories for the 

Poughkeepsie area and 2011 and 2012 

projection year inventories for the 

NYMA (in support of the request for 

reclassification from ‘‘moderate’’ 

nonattainment to ‘‘serious’’). EPA is 

deferring action on New York’s 

reclassification request and the 

Poughkeepsie area proposed SIP 

revisions at this time. 

B. Reasonable Further Progress Plans 

1. What are the Act requirements? 

Section 182(b)(1) of the Act and EPA’s 

8-hour ozone implementation rule (40 

CFR 51.910) require each 8-hour ozone 

nonattainment area designated moderate 

and above to submit an RFP Plan for 

EPA review and approval into its SIP, 

that describes how the area will achieve 

actual emissions reductions of VOC and 

NOX from a baseline emissions 

inventory. 

The process for determining the 

emissions baseline from which the RFP 

reductions are calculated is described in 

section 182(b)(1) of the Act and 40 CFR 

51.910. This baseline value has been 

determined to be the 2002 adjusted base 

year inventory. Sections 182(b)(1)(B) 

and (D) require the exclusion from the 

base year inventory of emissions 

benefits resulting from the Federal 

Motor Vehicle Control Program 

(FMVCP) regulations promulgated by 

January 1, 1990, and the Reid Vapor 

Pressure (RVP) regulations promulgated 

June 11, 1990 (55 FR 23666). The 

FMVCP and RVP emissions reductions 

are determined by the State using EPA’s 

MOBILE6 on-road mobile source 

emissions modeling software. The 

FMVCP and RVP emission reductions 

are then removed from the base year 

inventory by the State, resulting in an 

adjusted base year inventory. The 

emission reductions needed to satisfy 

the RFP requirement are then calculated 

from the adjusted base year inventory. 

These reductions are then subtracted 

from the base year inventory to establish 

the emissions target for the RFP 

milestone year (2008). 

For moderate areas like those in New 

York, the Act requires emissions of 

ozone precursors be reduced by 15 

percent over an initial six-year period. 

As discussed earlier, on November 9, 

2005, EPA published the final rule to 

implement the 8-hour ozone standard 

(70 FR 71612), commonly referred to as 

the Phase 2 Rule. The Phase 2 Rule 

outlines the SIP requirements and 

deadlines for various requirements in 

areas designated as moderate 

nonattainment or higher. In the Phase 2 

Rule, EPA provided that an area 

classified as moderate or higher must 

meet the RFP requirement pursuant to 

either section 182(b)(1), using VOC 

emission reductions, or section 

172(c)(2), using VOC and NOX emission 

reductions. 

In the NYMA, EPA previously 

approved a 15 percent RFP plan for the 

entire nonattainment area under the 1- 

hour ozone standard (67 FR 5170 

(February 4, 2002)). EPA’s Phase 2 Rule 

permits emissions reductions of either 

VOC and/or NOX to meet the 15 percent 

reduction in cases where EPA 

previously approved a 15 percent RFP 

plan under the 1-hour standard, such as 

is the case with the NYMA. Therefore, 

the NYMA is subject to the 15 percent 

RFP requirement pursuant to section 

172(c)(2) of the Act, which permits 

reductions of either VOC and/or NOX

emission reductions to meet the 15 

percent reduction. 

It is important to note that section 

182(b)(l) of the Act also requires the RFP 

plan for moderate areas to provide for 

reductions in VOC and NOX emissions 

‘‘as necessary to attain the national 

primary ambient air quality standard for 

ozone.’’ This requirement can be met 

using EPA-approved modeling 

techniques and the adoption of any 

additional control measures beyond 

those needed to meet the 15 percent 

emissions reduction requirements. 

2. What reasonable further progress 

plans were included in the SIP? 

For the NYMA, New York included 

RFP plans for milestone years 2008, 

2011 and 2012 consistent with a serious 

classification as requested by New York. 

In this notice, EPA will act on the 2008 

RFP plan and defer action on the 2011 

and 2012 RFP plans. Using the 2002 

base year emission inventory, New York 

calculated an ‘‘adjusted baseline 

inventory’’ by removing the biogenic 

and non-creditable reductions (Federal 


sroberts on DSK3CLS3C1PROD with PROPOSALS
17806 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 

Motor Vehicle Control and RVP) from 

the base year emissions. RFP requires a 

minimum VOC emission reduction of 15 

percent between 2002 and 2008 above 

any growth that occurs during this 

period. The 15 percent was applied to 

the adjusted baseline year inventory to 

yield the 2008 VOC emission target 

levels. New York provided in its SIP 

submittal a 15 percent plan with the 

associated control measures that would 

contribute towards achieving that target 

level of emissions for milestone year 

2008 summarized in Table 4. 

TABLE 4—VOC EMISSION REDUCTION MEASURES INCLUDED IN THE NEW YORK 2008 (15%) RFP PLAN

VOC Control measures NYMA ozone NAA 

(tons per day) 

Required Reduction in VOC to Meet 2008 Milestone ......................................................................................................... 125.16 

Point Source Control Measures .......................................................................................................................................... *42.3 

Emission Reduction Credits (ERCs) ................................................................................................................................... ¥1.1 

Non-Road Mobile Source Control Measures ...................................................................................................................... 0 

On-Road Mobile Source Control Measures ........................................

Low Emission Vehicle (LEV) 2 ..................................................................................................................................... 2.5 

New York Vehicle Inspection Program (NYVIP) .......................................................................................................... 4.0 

Fuels ............................................................................................................................................................................. 8.7 

Heavy Duty Diesel ........................................................................................................................................................ .1 

Stationary Area Source Control Measures ........................................

Consumer Products ...................................................................................................................................................... 17.1 

Portable Fuel Containers .............................................................................................................................................. 13.9 

Architectural and Industrial Maintenance Coatings ...................................................................................................... 22.5 

Mobile Equipment Repair ............................................................................................................................................. 12.6 

Solvent Metal Cleaning ................................................................................................................................................ 5.3 

Total VOC Benefits From All Sources .................................................................................................................. 129.1 

VOC Shortfall = (VOC Reductions Needed To Meet Target Level) ¥ (VOC Benefits From All Sources) ........................ 125.16 ¥ 129.1 = 

¥3.94. 

VOC PLAN RESULTS IN 3.94 Tons Per Day Surplus 

* Includes a summation of all emissions reduction from regulations that were effective prior to 2002. 

Based on Table 4, New York’s VOC 

control plan meets the 15 Percent Plan 

reduction requirements. It results in 

3.94 tons per day surplus. 

3. What is EPA’s evaluation? 

Based on the RFP calculations 

included in New York’s SIP submittal, 

New York’s VOC 15 percent control 

plan results in 3.94 tons per day VOC 

emission reduction surplus in the 

NYMA. New York followed EPA’s 

requirements and guidance in 

calculating the ‘‘adjusted baseline 

inventories,’’ and 2008 target level 

emissions, the total emission reductions 

(net of growth) needed from the 2008 

uncontrolled projection inventory to 

reach the target levels for the 2008 

milestone year was provided and 

therefore New York’s RFP 

demonstration is consistent with the 

RFP emissions inventory reporting 

requirements. 

In addition, New York’s RFP plan is 

based on a 2002 base-year and 

projection emissions inventories, which 

as noted earlier in Section IV.A.3 are 

consistent with the emission inventory 

reporting requirements. New York 

identified how RFP will be achieved, 

i.e., a complete list of control measures 

and the relevant emission reductions for 

each source category. New York did 

provide in its SIP submittal a list of 

control measures that would contribute 

towards RFP (see Table 4) and there was 

information associated with the control 

measures in New York’s SIP submittal 

for EPA to adequately determine that 

RFP will be achieved for milestone year 

2008. 

Based on the reasons mentioned 

above, EPA is proposing to approve 

New York’s 2008 RFP plan for the 

NYMA. 

C. Contingency Measures 

1. What are the Act requirements? 

For ozone nonattainment areas 

classified as moderate or above, States 

must include in their submittals 

contingency measures to be 

implemented if an area fails to make 

RFP or to attain the NAAQS by the 

applicable attainment date (sections 

172(c)(9) and 182(c)(9)). Contingency 

measures are intended to achieve 

reductions over and beyond those relied 

on in the RFP and attainment 

demonstrations. The Act does not 

preclude a State from implementing 

such measures before they are triggered. 

EPA interprets the Act to require 

sufficient contingency measures in the 

submittal, so that upon implementation 

of such measures, additional emissions 

reductions of up to three percent of the 

adjusted base year inventory would be 

achieved in the year after the failure has 

been identified. For a more detailed 

description of the contingency measures 

requirement please see the April 16, 

1992 General Preamble (57 FR 13498, 

13512) and the November 29, 2005 

Phase 2 8-hour ozone implementation 

rule (70 FR 71612). 

2. What contingency measures were 

included in the SIP? 

New York identified an additional 

three percent (of the adjusted base year 

inventory) reduction of VOC emissions, 

or an equivalent combination of VOC 

and NOX, for the NYMA to satisfy the 

contingency plan requirement for each 

milestone year. These reductions will be 

achieved by a host of control measures 

that have been adopted and 

implemented by New York. 

3. What is EPA’s evaluation? 

New York identified the necessary 

quantity of emissions reductions for 

contingency. Those calculations are 

based on a 2002 base-year inventory and 

projection inventories, which as noted 

earlier in Section IV.A.3 are consistent 

with the emission inventory reporting 

requirements. All of the control 

measures identified in Table 4 and used 

to make the necessary reductions for 

contingency have been adopted and 

implemented by New York. EPA has 

determined that New York’s SIP 


sroberts on DSK3CLS3C1PROD with PROPOSALS
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 17807 

adequately addresses the RFP 

contingency plans for the NYMA 

consistent with the Act, as interpreted 

in EPA’s regulations, guidance and 

policies. Therefore, EPA is proposing to 

approve New York’s RFP contingency 

plans for the NYMA. 

D. Motor Vehicle Emissions Budgets 

1. What are the Act requirements? 

Section 176(c)(1)(A) of the Act 

requires that Federal actions in 

nonattainment and maintenance areas 

‘‘conform to’’ the SIPs and that such 

actions will not: (a) Cause or contribute 

to any new violation of any NAAQS in 

any area; (b) increase the frequency or 

severity of any existing violation of any 

NAAQS in any area; or (c) delay timely 

attainment of any NAAQS or delay any 

required interim emissions reduction 

milestone in any area (section 

176(c)(1)(B) of the Act). Actions 

involving Federal Highway 

Administration (FHWA) or Federal 

Transit Administration (FTA) funding 

or approval are subject to the 

transportation conformity rule (40 CFR 

part 93, subpart A). Under this rule, 

metropolitan planning organizations 

(MPOs) in nonattainment and 

maintenance areas coordinate with State 

air quality and transportation agencies, 

EPA, and the FHWA and FTA to 

demonstrate that their long range 

transportation plans (‘‘plans’’) and 

transportation improvement programs 

(TIPs) conform to applicable SIPs. This 

is typically determined by showing that 

estimated emissions from existing and 

planned highway and transit projects 

are less than or equal to the motor 

vehicle emissions budgets (‘‘budgets’’) 

contained in a SIP. The General 

Conformity regulation (40 CFR part 93, 

subpart B) requires actions initiated by 

other Federal agencies in nonattainment 

and maintenance areas to also conform 

to the SIP. One option for Federal 

agencies to demonstrate general 

conformity is to meet facility-wide 

emissions budgets that are specified in 

the SIP. New York has not chosen to 

establish facility-wide emissions 

budgets for any major Federal facilities 

in the SIP. 

2. What motor vehicle emissions 

budgets were included in the SIP? 

In its February 8, 2008 SIP submittals, 

New York established 2008, 2011, and 

2012 on-road motor vehicle emission 

budgets for the NYMA 8-hour moderate 

ozone nonattainment area. Table 5 lists 

the New York on-road motor vehicle 

emissions budgets. 

TABLE 5—MOTOR VEHICLE EMISSIONS BUDGETS SUBMITTED BY NEW YORK

[Tons per day] 

8-Hour Ozone Nonattainment Area 

2008 2011 2012 

VOC NOX VOC NOX VOC NOX

NYMA ....................................................... 148.85 211.77 120.93 163.84 111.08 147.43 

3. What is EPA’s evaluation? 

EPA is proposing to approve the 2008 

RFP on-road motor vehicle emissions 

budgets established for the NYMA 

because these budgets are based on a 

2002 base year emissions inventory that 

is consistent with the emission 

inventory reporting requirements and 

EPA guidance, as discussed in Section 

IV.A. A more detailed discussion of how 

the emission inventories were reviewed 

and the results of these reviews are 

provided in section IV.A and the TSD 

for this action. EPA is also proposing 

approval of these budgets because EPA 

has now completed its review of the 

overall RFP plan which demonstrates 

the required percent reductions needed 

for the plan approval. The 2008 RFP onroad budgets are consistent with the 

overall RFP plan. EPA is deferring 

action on the 2011 and 2012 motor 

vehicle emission budgets for the NYMA, 

submitted by New York in support of its 

reclassification request, until action is 

taken on the submitted attainment 

demonstration for this area. 

V. What are EPA’s conclusions? 

EPA is proposing to approve into the 

SIP the following elements which are 

required by the Act: 2002 base year 

emissions inventory, the 2008 ozone 

projection year emissions inventories, 

the 2008 motor vehicle emissions 

budgets used for planning purposes, the 

2008 RFP plan, and the contingency 

measures for failure to meet the 2008 

RFP plan milestone as they apply to the 

New York portion of the New YorkNorthern New Jersey-Long Island, NY– 

NJ–CT 8-hour ozone moderate 

nonattainment area. These elements 

were submitted to EPA by New York in 

a package entitled ‘‘New York SIP for 

Ozone—Attainment Demonstration for 

New York Metro Area,’’ dated February 

8, 2008 and supplemented on December 

28, 2009 and January 26, 2011. 

EPA is also proposing to approve: The 

2002 base year emissions inventory for 

the Poughkeepsie 8-hour ozone 

moderate nonattainment area and the 

State-wide 2002 base year emissions 

inventory, submitted by New York on 

February 8, 2008 and supplemented on 

December 28, 2009 and January 26, 

2011. 

EPA is not taking action at this time 

on New York’s attainment 

demonstration, reclassification request 

(and relevant SIP elements associated 

with a reclassification) or Clean Data 

Petition for the New York-Northern New 

Jersey-Long Island, NY–NJ–CT 8-hour 

ozone moderate nonattainment area, but 

will do so in one or more proposed 

actions in the near future. 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 


sroberts on DSK3CLS3C1PROD with PROPOSALS
17808 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: March 18, 2011. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2011–7631 Filed 3–30–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2009–0108] 

Final Vehicle Safety Rulemaking and 

Research Priority Plan 2011–2013 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Plan availability. 

SUMMARY: This document announces the 

availability of the Final NHTSA Vehicle 

Safety and Fuel Economy Rulemaking 

and Research Priority Plan 2011–2013 

(Priority Plan) in Docket No. NHTSA– 

2009–0108. This Priority Plan is an 

update to the Final Vehicle Safety 

Rulemaking and Research Priority Plan 

2009–2011 (October 2009 Plan) that was 

announced in the November 9, 2009, 

edition of the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Carra, Director of Strategic 

Planning and Integration, National 

Highway Traffic Safety Administration, 

Room W45–336, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone: 202–366–0361. E-mail: 

joseph.carra@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

November 9, 2009, NHTSA published a 

Final Notice in the Federal Register (74 

FR 57623) announcing the availability 

of the October 2009 Plan. Today’s 

document announces the availability of 

the Final NHTSA Vehicle Safety and 

Fuel Economy Rulemaking and 

Research Priority Plan 2011–2013. 

This plan is an internal management 

tool as well as a means to communicate 

to the public NHTSA’s highest priorities 

to meet the Nation’s motor vehicle 

safety challenges. Among them are 

programs and projects involving 

rollover crashes, children (both inside 

as well as just near vehicles), 

motorcoaches and fuel economy that 

must meet Congressional mandates or 

Secretarial commitments. Since these 

are expected to consume a significant 

portion of the agency’s rulemaking 

resources, they affect the schedules of 

the agency’s other priorities listed in 

this plan. This plan lists the programs 

and projects the agency anticipates 

working on even though there may not 

be a rulemaking planned to be issued by 

2013, and in several cases, the agency 

doesn’t anticipate that the research will 

be done by the end of 2013. Thus, in 

some cases the next step would be an 

agency decision in 2013 or 2014. 

For purposes of apprising the public 

on the status of progress relative to the 

efforts delineated in the October 2009 

Plan, NHTSA has included in the 

current Priority Plan a section (Section 

V) that compares the October 2009 Plan 

to the current Priority Plan. 

Interested persons may obtain a copy 

of the plan, ‘‘Final Vehicle Safety 

Rulemaking and Research Priority Plan 

2011–2013,’’ by downloading a copy of 

the document. To download a copy of 

the document, go to http:// 

www.regulations.gov and follow the 

online instructions, or visit Docket 

Management Facility at U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001 and reference Docket No. 

NHTSA–2009–0108. 

Authority: 49 U.S.C. 30111, 30117, 30168; 

delegation of authority at 49 CFR 1.50 and 

501.8. 

Ronald L. Medford, 

Deputy Administrator. 

[FR Doc. 2011–7433 Filed 3–30–11; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 100803320–1201–01] 

RIN 0648–AY93 

Fisheries in the Western Pacific; 

Mechanism for Specifying Annual 

Catch Limits and Accountability 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

establish procedures and timing for 

specifying annual catch limits (ACLs) 

and accountability measures (AMs) for 

western Pacific fisheries. The proposed 

rule is procedural in nature, and is 

intended to help NMFS end and prevent 

overfishing, rebuild overfish stocks, and 

achieve optimum yield. 

DATES: Comments on the proposed rule 

must be received by May 16, 2011. 

ADDRESSES: Comments on this proposed 

rule, identified by 0648–AY93, may be 

sent to either of the following addresses: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal http:// 

www.regulations.gov; or 

• Mail: Mail written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS, Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd, Suite 

1110, Honolulu, HI 96814–4700. 

Instructions: Comments must be 

submitted to one of the two addresses to 

ensure that the comments are received, 

documented, and considered by NMFS. 

Comments sent to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on http://www.regulations.gov without 


sroberts on DSK3CLS3C1PROD with PROPOSALS