Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations 54177 

This maintenance plan update satisfies 

section 175A of the Act. 

[FR Doc. 2013–21274 Filed 8–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2013–0592; 

FRL–9900–59–Region2] 

Adequacy Status of the Submitted 

2009, 2017 and 2025 PM2.5 Motor 

Vehicle Emission Budgets for 

Transportation Conformity Purposes 

for New York 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of adequacy. 

SUMMARY: In this action, EPA is 

notifying the public that we have found 

the motor vehicle emissions budgets for 

PM2.5 and NOX in the submitted 

maintenance plan for the New York 

portions of the New York-Northern New 

Jersey-Long Island, NY–NJ–CT PM2.5

nonattainment areas to be adequate for 

transportation conformity purposes. The 

transportation conformity rule requires 

that the EPA conduct a public process 

and make an affirmative decision on the 

adequacy of budgets before they can be 

used by metropolitan planning 

organizations (MPOs) in conformity 

determinations. As a result of our 

finding, the new 2009, 2017 and 2025 

PM2.5 budgets are applicable to nine of 

the ten counties in the New York 

Metropolitan Transportation Council 

planning area (excluding Putnam 

County) and Orange County in the 

Orange County Transportation Council 

planning area and must be used for all 

future transportation conformity 

determinations. 

DATES: This finding is effective 

September 18, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Zeman, Air Programs Branch, 

Environmental Protection Agency— 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866, (212) 

637–4022, zeman.melanie@epa.gov. 

The finding and the response to 

comments will be available at EPA’s 

conformity Web site: http://

www.epa.gov/otaq/stateresources/

transconf/adequacy.htm. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 27, 2013, New York State 

submitted a redesignation request and 

maintenance plan to EPA for the New 

York portion of the New York-Northern 

New Jersey-Long Island, NY–NJ–CT 

PM2.5 nonattainment areas. The purpose 

of New York’s submittal was to request 

a redesignation to attainment for both 

the 1997 and 2006 PM2.5 National 

Ambient Air Quality Standards 

(NAAQS) and submit a state 

implementation plan to provide for 

maintenance of the standard for the first 

ten years of a 20-year maintenance 

period. New York’s request was 

pursuant to EPA’s findings that that the 

New York area had attained the 1997 

(75 FR 69589) and 2006 (77 FR 76867) 

PM2.5 NAAQS based on ambient air 

quality monitoring data. New York’s 

submittal included motor vehicle 

emissions budgets (‘‘budgets’’) for 2009, 

2017 and 2025 for use by the State’s 

metropolitan planning organizations in 

making transportation conformity 

determinations. On July 15, 2013, EPA 

posted the availability of the budgets on 

our Web site for the purpose of 

soliciting public comments. The 

comment period closed on August 14, 

2013, and we received no comments. 

New York State developed these 

budgets for the 1997 annual PM2.5

NAAQS and the 2006 24-hour PM2.5

NAAQS based on EPA’s MOVES model. 

These budgets are for 2025, the last year 

of the maintenance plan as required, 

and two additional years, 2009 and 

2017, for the purpose of establishing 

budgets for the near-term. New York 

also determined that budgets based on 

annual emissions of direct PM2.5 and 

NOX, a precursor, are appropriate for the 

2006 24-hour standard because 

exceedences of the standard were not 

isolated to one particular season; 

therefore, the budgets being found 

adequate today will be used by 

transportation agencies to meet 

conformity requirements for both the 

annual and 24-hour standards. 

The 2009 budgets were developed 

without an accompanying full emissions 

inventory. However, EPA believes that 

the 2009 budgets still meet all of the 

adequacy criteria, as described below. 

The 2009 budgets are consistent with 

attainment and maintenance of both the 

1997 and 2006 PM2.5 standards because 

of our earlier determinations that the 

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

NJ–CT PM2.5 nonattainment area had 

attained the standards based on 

monitored air quality that included the 

year 2009. 

Adequacy Process 

Transportation conformity is required 

by section 176(c) of the Clean Air Act. 

EPA’s conformity rule requires that 

transportation plans, programs, and 

projects conform to SIPs 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 National 

Ambient Air Quality Standards. 

The criteria by which we determine 

whether a SIP’s motor vehicle emission 

budgets are adequate for conformity 

purposes are outlined in 40 CFR 

93.118(e)(4). Please note that an 

adequacy review is separate from EPA’s 

completeness review, and it also should 

not be used to prejudge EPA’s ultimate 

approval of the SIP. Even if we find a 

budget adequate, the SIP could later be 

disapproved. 

We have described our process for 

determining the adequacy of submitted 

SIP budgets in 40 CFR 93.118(f). We 

have followed this rule in making our 

adequacy determination. The motor 

vehicle emissions budgets being found 

adequate today are listed in Table 1 and 

include direct PM2.5 and its precursor, 

NOX. EPA’s finding will also be 

announced on EPA’s conformity Web 

site: http://www.epa.gov/otaq/

stateresources/transconf/adequacy.htm. 

EPA Review 

EPA’s adequacy review of New York’s 

submitted budgets indicates that the 

budgets meet the adequacy criteria set 

forth by 40 CFR 93.118(e)(4), as follows: 

(i) The submitted control strategy 

implementation plan revision or 

maintenance plan was endorsed by the 

Governor (or his or her designee) and 

was subject to a State public hearing: 

The SIP revision was submitted to EPA 

by the Commissioner of the New York 

State Department of Environmental 

Conservation, who is the Governor’s 

designee. 

(ii) Before the control strategy 

implementation plan or maintenance 

plan was submitted to EPA, 

consultation among federal, State, and 

local agencies occurred; full 

implementation plan documentation 

was provided to EPA; and EPA’s stated 

concerns, if any, were addressed: New 

York State conducted an interagency 

consultation process involving EPA and 

USDOT, the New York State Department 

of Transportation and affected MPOs. 

All comments and concerns were 

addressed prior to the final submittal. 

(iii) The motor vehicle emissions 

budget(s) is clearly identified and 

precisely quantified: The budgets were 

clearly identified and quantified and are 

presented here in Table 1. 

(iv) The motor vehicle emissions 

budget(s), when considered together 

with all other emissions sources, is 


pmangrum on DSK3VPTVN1PROD with RULES
54178 Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations 

consistent with applicable requirements 

for maintenance: The 2009, 2017 and 

2025 budgets are less than the on-road 

mobile source inventory for 2007 that 

was shown to be consistent with 

attainment of the standards. The 

applicable state implementation plan 

demonstrates that the 2017 and 2025 

budgets are consistent with 

maintenance when considered with all 

other sources for each respective year. 

The 2009 budgets were developed with 

all the information for the year 2009, 

including on-road activity in 2009. 

Because New York demonstrated 

attainment in this year to the applicable 

air quality standards, the 2009 budgets 

are therefore consistent with 

maintenance of the respective 

standards. 

(v) The motor vehicle emissions 

budget(s) is consistent with and clearly 

related to the emissions inventory and 

the control measures in the submitted 

control strategy implementation plan 

revision or maintenance plan: The 

budgets were developed from the onroad mobile source inventories, 

including all applicable state and 

Federal control measures. Inputs related 

to inspection and maintenance and fuels 

are consistent with New York State’s 

Federally-approved control programs. 

(vi) Revisions to previously submitted 

control strategy implementation plans 

or maintenance plans explain and 

document any changes to previously 

submitted budgets and control 

measures; impacts on point and area 

source emissions; any changes to 

established safety margins (see § 93.101 

for definition); and reasons for the 

changes (including the basis for any 

changes related to emission factors or 

estimates of vehicle miles traveled): The 

submitted maintenance plan establishes 

new 2009, 2017 and 2025 budgets to 

ensure continued maintenance of the 

standards; therefore, this is not 

applicable. 

Adequacy Finding 

Today’s action is simply an 

announcement of a finding that we have 

already made. EPA Region 2 sent a letter 

to New York on August 19, 2013, stating 

that the 2009, 2017 and 2025 motor 

vehicle emissions budgets in New 

York’s SIP for the New York PM2.5

nonattainment areas are adequate 

because they are consistent with the 

required maintenance demonstration. In 

our letter we noted that there are 

existing approved and adequate budgets 

for 2009, but that the 2009 budgets 

contained in the submitted maintenance 

plans will be the most recent budgets in 

place to satisfy the latest Clean Air Act 

requirement and therefore will be the 

applicable 2009 budgets to be used in 

future transportation conformity 

determinations for analysis years prior 

to 2017. 

TABLE 1—PM2.5 MOTOR VEHICLE EMISSIONS BUDGETS FOR NEW YORK

[Tons per year] 

New York Metropolitan Transportation Council & Orange County Transportation Council Direct PM2.5 NOX

2009 Motor Vehicle Emissions Budget ................................................................................................................... 5,516.75 106,020.09 

2017 Motor Vehicle Emissions Budget ................................................................................................................... 3,897.71 68,362.66 

2025 Motor Vehicle Emissions Budget ................................................................................................................... 3,291.09 51,260.81 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401–7671 q. 

Dated: August 19, 2013. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2013–21266 Filed 8–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2012–0294; FRL– 9900– 

47–Region 3] 

Virginia: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Virginia has applied to EPA 

for final authorization of revisions to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these revisions satisfy all requirements 

needed to qualify for final authorization 

and is authorizing Virginia’s revisions 

through this immediate final action. 

EPA is publishing this rule to authorize 

the revisions without a prior proposal 

because we believe this action is not 

controversial and do not expect 

comments that oppose it. Unless we 

receive written comments that oppose 

this authorization during the comment 

period, the decision to authorize 

Virginia’s revisions to its hazardous 

waste program will take effect. If we 

receive comments that oppose this 

action we will publish a document in 

the Federal Register withdrawing the 

relevant portions of this rule, before 

they take effect, and a separate 

document in the proposed rules section 

of this Federal Register will serve as a 

proposal to authorize revisions to 

Virginia’s program that were the subject 

of adverse comments. 

DATES: This final authorization will 

become effective on November 4, 2013, 

unless EPA receives adverse written 

comments by October 3, 2013. If EPA 

receives any such comment, it will 

publish a timely withdrawal of this 

immediate final rule in the Federal 

Register and inform the public that this 

authorization will not take effect as 

scheduled. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2012–0294, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Email: barbieri.andrea@epa.gov. 

3. Mail: Andrea Barbieri, Mailcode 

3LC50, Office of State Programs, U.S. 

EPA Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

4. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

You may inspect and copy Virginia’s 

application from 8:00 a.m. to 4:30 p.m., 

Monday through Friday at the following 

locations: Virginia Department of 

Environmental Quality, (VADEQ), 

Office of Regulatory Affairs, 629 East 

Main Street, Richmond, VA 23219, 

Phone number: (804) 698–4426, and 

EPA Region III Library, 2nd Floor, 1650 


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