[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Rules and Regulations]
[Pages 69883-69884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28658]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2010-0872; FRL-9225-8]


Adequacy Status of the Submitted 2009 PM<INF>2.5</INF> Motor 
Vehicle Emission Budgets for Transportation Conformity Purposes for the 
New York Portions of New York-Northern New Jersey-Long Island, NY-NJ-CT 
PM<INF>2.5</INF> Nonattainment Area; New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Finding of adequacy.

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SUMMARY: In this document, EPA is notifying the public that it has 
found the motor vehicle emissions budgets for PM<INF>2.5</INF> and 
NO<INF>X</INF> in the submitted attainment demonstration state 
implementation plans for the New York portion of the New York-Northern 
New Jersey-Long Island, NY-NJ-CT PM<INF>2.5</INF> nonattainment area 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 in conformity 
determinations. As a result of our finding, the New York Metropolitan 
Transportation Council (excluding Putnam County) and the Orange County 
Transportation Council must use the new 2009 PM<INF>2.5</INF> budgets 
for future transportation conformity determinations.

DATES: This finding is effective December 1, 2010.

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, <a href="/cdn-cgi/l/email-protection#047e6169656a2a696168656a6d61446174652a636b72"><span class="__cf_email__" data-cfemail="3a405f575b5414575f565b54535f7a5f4a5b145d554c">[email protected]</span></a>.
    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 October 27, 2009, the State of New York submitted an attainment 
demonstration state implementation plan to EPA for the New York portion 
of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
PM<INF>2.5</INF> nonattainment area. The purpose of New York State's 
submittal was to demonstrate the State's progress toward

[[Page 69884]]

attaining the 1997 PM<INF>2.5</INF> National Ambient Air Quality 
Standard (62 FR 38652, July 18, 1997). New York State's submittal 
included motor vehicle emissions budgets (``budgets'') for 2009 for use 
by the State's metropolitan planning organizations in making 
transportation conformity determinations. On January 19, 2010, EPA 
posted the availability of the budgets on our Web site for the purpose 
of soliciting public comments. The comment period closed on February 
18, 2010, and we received no comments.
    Today's notice is simply an announcement of a finding that we have 
already made. EPA Region 2 sent a letter to New York State on October 
15, 2010, stating that the 2009 motor vehicle emissions budgets in New 
York's SIP for the New York portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT PM<INF>2.5</INF> nonattainment area are 
adequate because they are consistent with the required attainment 
demonstration.
    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. EPA's finding 
will also be announced on EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

 Table 1--2009 Attainment PM2.5 Motor Vehicle Emissions Budgets for New
                                  York
                             [Tons per year]
------------------------------------------------------------------------
          Metropolitan Planning Organization             PM2.5     NOX
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NYMTC (excluding Putnam County) and OCTC..............    1,750   77,571
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List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and record keeping requirements.

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

    Dated: October 29, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-28658 Filed 11-15-10; 8:45 am]
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