

[Federal Register: May 15, 2006 (Volume 71, Number 93)]
[Rules and Regulations]               
[Page 27962-27964]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my06-6]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket No. EPA-R02-OAR-2005-NY-0001; FRL-8169-9]

 
Air Quality Redesignation for the 8-Hour Ozone National Ambient 
Air Quality Standards; New York State

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is redesignating the 
Syracuse metropolitan area from unclassifiable to attainment for the 8-
hour ozone National Ambient Air Quality Standard (NAAQS). The counties 
comprising this area are Onondaga, Madison, Cayuga and Oswego in the 
State of New York. This redesignation to attainment is appropriate 
because the State of New York requested redesignation and the Syracuse 
area has attained the ozone health standard based on the most recent 
data available.

DATES: Effective Date: This rule will become effective on June 14, 
2006.

FOR FURTHER INFORMATION CONTACT: Robert Kelly at 212-637-4249 or by e-
mail at kelly.bob@epa.gov.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R02-OAR-2005-NY-0001. All documents in the 
docket are listed on the http://www.regulations.gov Web site. Although 

listed in the index, some information may not be publicly available, 
i.e., CBI or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through 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 that if at all possible, you contact the contact 
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30 excluding legal holidays.
    In addition, copies of the state submittals are available at the 
following addresses for inspection during normal business hours:
    New York State Department of Environmental Conservation, Division 
of Air Resources, 625 Broadway, 2nd Floor, Albany, New York 12233.
    Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Air Docket, Room B-108, 1301 Constitution Avenue, 
(Mail Code 6102T) NW., Washington DC 20460.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' or 
``our'' is used, we mean EPA. This section provides additional 
information by addressing the following questions:

I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. What Are the Statutory and Regulatory Requirements for 
Designations and Redesignations?
IV. What Is EPA's Response to Comments on the Redesignation?
V. What Air Quality Information Shows That the Syracuse Area Attains 
the Ozone Standard?
VI. Conclusion
VII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    Consistent with the applicable requirements in section 107(d)(3) of 
the Clean Air Act and the regulatory requirements in 40 CFR part 50, 
appendix I and based on the 8-hour ozone air quality data for the 2003 
through 2005 time period, we are redesignating the Syracuse area, which 
is comprised of Onondaga, Madison, Cayuga, and Oswego Counties in New 
York from unclassifiable to attainment for the 8-hour ozone standard. 
The basis for this action is described in more detail below and in the 
July 7, 2005 proposed rule referenced below.

II. What Is the Background for This Action?

    The EPA published a final rule (69 FR 23858; April 30, 2004) 
promulgating designations for the 8-hour ozone NAAQS. That action 
designated the four-county Syracuse metropolitan area as unclassifiable 
and provided that the designation was effective on June 15, 2004.
    Our initial designation of the Syracuse area was based on a review 
of ozone data from 2001 through 2003. In that action, we stated that we 
would review all available information and make an attainment or 
nonattainment decision after reviewing the 2004 ozone data.
    On December 14, 2004, the New York State Department of 
Environmental Conservation asked EPA to complete its planned review of 
2004's air quality data and requested EPA to redesignate the Syracuse 
area to attainment of the 8-hour ozone standard. On July 7, 2005, after 
reviewing the air quality data for the 3-year period ending 2004, we 
published a proposal (70 FR 39215) to redesignate the Syracuse area 
from unclassifiable to attainment. We received two comments on the 
redesignation, which are addressed in the section ``What is EPA's 
Response to Comments on the Redesignation?''

III. What Are the Statutory Requirements for Designations and 
Redesignations?

    Section 107(d) of the Clean Air Act sets forth the criteria and 
process for designations and redesignations. An explanation of 
statutory requirements

[[Page 27963]]

for the 8-hour ozone designations that became effective on June 15, 
2004, and the actions EPA took to meet those requirements, can be found 
in the final rule that established the designations (69 FR 23858; April 
30, 2004). In section 107(d)(3), the Clean Air Act addresses 
redesignations and provides that the Administrator or the Governor of a 
state may initiate the redesignation process. One of the bases for 
redesignation under that section is air quality data. To determine 
whether an area is attaining the 8-hour ozone NAAQS, we consider the 
most recent 3 consecutive years of data in accordance with 40 CFR part 
50, appendix I, EPA's Guideline on Data Handling Conventions for the 8-
Hour Ozone NAAQS (December 1998). For the purpose of this final 
rulemaking, we reviewed the ozone data from 2002 through 2004 and have 
examined the data for 2005 as well.

IV. What Is EPA's Response to Comments on the Redesignation?

    EPA received two letters commenting on the proposed redesignation. 
One letter, from the American Lung Association of New York State, urged 
EPA to designate the Syracuse area as nonattainment for the 8-hour 
ozone standard, disagreeing with EPA's original designation of 
unclassifiable for the area. The American Lung Association also 
disagreed with EPA's method for determining the attainment status of 
the area, and asked EPA to wait and use data from 2005 before moving 
ahead with any redesignation to attainment.
    The original designation of unclassifiable, was made by EPA on 
April 30, 2004 at 69 FR 23858. Any concerns regarding that action 
should have been raised in the context of that rulemaking action and/or 
in a challenge to that final action. EPA has not re-opened the issue of 
the area's initial designation in this ruling.
    As for the American Lung Association's request that EPA use data 
from the 2005 ozone season, EPA notes New York State requested 
redesignation based on data from the 2002-2004 ozone seasons and that 
information formed the basis for our proposed approval of the 
redesignation request. However, we have examined the air quality data 
from 2005 and data from the 3-year period of 2003-2005 also indicate 
that the area is in attainment with the 8-hour ozone standard. 
Therefore, based on data from 2002 through 2004 and 2003 through 2005, 
using the method established by EPA for evaluating the attainment 
status of ozone monitors, all of the ozone monitors in the Syracuse 
area are attaining the ozone standard.
    The other letter, from the Onondaga County Executive, supported 
EPA's proposed redesignation of the Syracuse area to attainment.

V. What Air Quality Information Shows That the Syracuse Area Attains 
the Ozone Standard?

    As we proposed in July 2005, the air quality data submitted by New 
York in support of redesignation indicates that the Syracuse area was 
attaining the 8-hour ozone standard based on the three most recent 
years of data--2002-2004. More recent information continues to support 
redesignation to attainment of the Syracuse area. On January 25, 2006, 
the New York State Department of Environmental Conservation certified 
the air quality data for 2005 is complete, accurate and meeting EPA's 
quality assurance requirements. Based on our independent review of 
these data, which the State submitted to EPA's database, we agree with 
the State's assessment.
    Consistent with 40 CFR part 50, appendix I, section 2.3, paragraph 
(d)(1), the 8-hour ozone standard is met if the design value is less 
than 0.085 parts per million (ppm). In Appendix I, the design value is 
defined as the average value of the annual fourth highest daily maximum 
that occurred over the most recent three year period. The design value 
for the monitors in the Syracuse area for the three year period 2002-
2004 are: East Syracuse 0.079 ppm, Georgetown 0.077 ppm. In addition 
the design value for the most recent three years of data, 2003 to 2005 
are: East Syracuse 0.074 ppm, Georgetown 0.073 ppm and Fulton 0.082 
ppm. Note the Fulton monitor is new and did not have the three years of 
data required by EPA's guidance for air quality designations. Also, a 
monitor outside the Syracuse metropolitan area in Oneida County, which 
was set up as the downwind peak ozone monitor for the Syracuse area, 
had design values of 0.078 ppm for the three year period 2002-2004 and 
0.072 ppm for the three year period 2003-2005. These monitored design 
values are less than the 0.085 ppm ozone standard set by EPA. Since the 
monitors are attaining the ozone standard using the most recent data, 
the eight-hour ozone NAAQS has been attained in the Syracuse area and 
we are redesignating the area to attainment.

VI. Conclusion

    Because the Syracuse area has met all the requirements for 
redesignation to attainment, including meeting the 8-hour ozone health 
standard based on the latest data, we are redesignating the area, 
comprised of Onondaga, Madison, Cayuga, and Oswego Counties in New 
York, to attainment for the 8-hour ozone standard.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely designates an area for planning purposes based on air quality, 
and does not establish any new regulations. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The redesignation is 
an action which affects the status of a geographic area but does not 
impose any new requirements on governmental entities or sources. 
Therefore because it does not impose any additional enforceable duty, 
it does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    The Onondaga and Oneida Tribes are located within the Syracuse 
area. The redesignation of the Syracuse area from unclassifiable to 
attainment will not create any new or burdensome requirements upon the 
tribes. Therefore, this redesignation does not have tribal implications 
because it will not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also 
does not have Federalism implications because it does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This 
action merely establishes the attainment status, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the CAA. This rule also is not subject to Executive

[[Page 27964]]

Order 13045 ``Protection of Children from Environmental Health Risks 
and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not 
economically significant.
    In reviewing state redesignation requests, EPA's role is to approve 
state choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a redesignation request for failure to use VCS. It would 
thus be inconsistent with applicable law for EPA, when it reviews a 
state recommendation, to use VCS in place of a state request that 
otherwise satisfies the provisions of the CAA. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 14, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: April 28, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.


0
2. In Sec.  81.333, the table entitled ``New York-Ozone (8-Hour 
Standard)'' is amended by removing footnote 
[bs]b[bs] and revising the entry for 
Syracuse to read as follows:


Sec.  81.333  New York.

* * * * *

                                        New York-Ozone (8-Hour Standard)
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                                              Designation \a\                     Category/classification
        Designation area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
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                                                  * * * * * * *
Syracuse, NY:
    Cayuga County...............  June 14, 2006.....  Attainment.                             ..................
    Madison County..............  June 14, 2006.....  Attainment.
    Onondaga County.............  June 14, 2006.....  Attainment.
    Oswego County...............  June 14, 2006.....  Attainment.

                                                 * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.


[FR Doc. 06-4517 Filed 5-12-06; 8:45 am]

BILLING CODE 6560-50-P
