[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Proposed Rules]
[Pages 8133-8150]
[FR Doc No: 2014-02478]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R02-OAR-2013-0592; FRL-9906-06-Region 2]

Approval and Promulgation of Air Quality Implementation Plans;
New York State; Redesignation of Areas for 1997 Annual and 2006 24-Hour
Fine Particulate Matter and Approval of the Associated Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a redesignation request and State Implementation Plan (SIP)
revision submitted by the New York State Department of Environmental
Conservation (NYSDEC). NYSDEC is requesting that EPA redesignate ten
counties in the New York State portion of the New York-N.New Jersey-
Long Island, NY-NJ-CT nonattainment area from nonattainment to
attainment for the 1997 annual and the 2006 24-hour Fine Particle
(PM2.5) National Ambient Air Quality Standards (NAAQS).
Included with its redesignation request, New York submitted a State
Implementation Plan (SIP) revision containing a maintenance plan that
provides for continued compliance of the 1997 annual and 2006 24-hour
PM2.5 NAAQS. The maintenance plan includes the 2007
attainment year emissions inventory that EPA is proposing to approve in
this rulemaking in accordance with the requirements of the Clean Air
Act (CAA). EPA had previously determined that the New York portion of
the New York-N.New Jersey-Long Island, NY-NJ-CT nonattainment area has
attained the 1997 annual and 2006 24-hour PM2.5 NAAQS.
Additionally, EPA is proposing to approve the 2009, 2017, and 2025
motor vehicle emissions budgets for PM2.5 and Nitrogen
Oxides (NOX).

DATES: Comments must be received on or before March 13, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2013-0592 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>
    4. Mail: Richard Ruvo, Chief, Air Programs Branch, Environmental
Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York,
New York 10007-1866.
    5. Hand Delivery or Courier: Deliver your comments to: Richard
Ruvo, 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 business
hours is Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2013-0592. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment 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, 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 electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not 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 in www.regulations.gov or
in hard copy at the Environmental Protection Agency, Region 2 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 view
the hard copy of the docket. You may view the hard copy of the docket
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal
holidays.

FOR FURTHER INFORMATION CONTACT: Raymond Forde<EMAIL_ADDRESS>
concerning emission inventories and Gavin Lau<EMAIL_ADDRESS>
concerning other portions of the SIP revision, Air Programs Branch, 290
Broadway, 25th Floor, New York, New York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. What is the effect of EPA's proposed actions?
V. What is the effect of the January 4, 2013 DC Circuit Decision
Regarding PM2.5 Implementation under Subpart 4?
VI. What is EPA's analysis of New York's redesignation request?
VII. What is EPA's analysis of New York's proposed NOX
and PM2.5 motor vehicle emission budgets?
VIII. What is the status of EPA's adequacy determination for the
proposed NOX and PM2.5 motor vehicle emission
budgets for 2009, 2017 and 2025 for New York?
IX. What action is EPA proposing to take?
X. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing to take?

    On June 27, 2013, the NYSDEC, submitted a package to EPA which
included (1) a request to redesignate the New York portion of the New
York-N.New Jersey-Long Island, NY-NJ-CT nonattainment area (hereafter
referred to as the New York PM2.5 nonattainment area or
NYNAA), from nonattainment to attainment for the 1997 annual and the
2006 24-hour PM2.5 NAAQS and (2) a maintenance plan for the
NYNAA as a SIP revision to ensure continued attainment through 2025. In
a supplemental submission to EPA dated September 18, 2013, NYSDEC
submitted additional information clarifying portions of the
redesignation request and maintenance plan.
    EPA is proposing to take several actions pursuant to the
redesignation of the NYNAA for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS. EPA is proposing to find that the NYNAA meets
the requirements for redesignation under section 107(d)(3)(E) of the
CAA. EPA is thus proposing to approve New York's request to change the
legal definition of the NYNAA from nonattainment to attainment. EPA has
previously taken two separate actions redesignating the New Jersey and
the Connecticut portion of the New York-N.New Jersey-Long Island, NY-
NJ-CT nonattainment area (or NY-NJ-CT nonattainment area) for the 1997
annual and the 2006 24-hour PM2.5 NAAQS (See 78 FR 54396,
September 4, 2013 and 78 FR 58467, October 24, 2013).
    EPA is also proposing to approve the maintenance plan for the NYNAA
as a revision to the New York SIP. Such approval is one of the criteria
in the CAA for redesignating an area to attainment. The maintenance
plan is designed to ensure continued attainment in the NYNAA for the
1997 annual and the 2006 24-hour PM2.5 NAAQS for 10 years
after redesignation. The maintenance plan includes the 2007 attainment
year, 2017 interim year, and 2025 end year projection emission
inventories. EPA is also proposing to approve the 2009, 2017, and 2025
motor vehicle emissions budgets for PM2.5 and
NOX.
    In this proposed redesignation, EPA takes into account the D.C.
Circuit January 4, 2013 decision remanding to EPA the ``Final Clean Air
Fine Particle Implementation Rule'' (72 FR 20586, April 25, 2007) and
the ``Implementation of the New Source Review (NSR) Program for
Particulate Matter Less than 2.5 Micrometers (PM2.5)'' final
rule (73 FR 28321, May 16, 2008), Natural Resources Defense Council v.
EPA, 706 F.3d 428 (D.C. Cir. 2013).
    EPA's analysis for these proposed actions is discussed in Sections
VI, VII, and VIII of today's proposed rulemaking action.

II. What is the background for EPA's proposed actions?

A. General

    The first air quality standards for PM2.5 were
promulgated on July 18, 1997, at 62 FR 38652. EPA promulgated an annual
standard at a level of 15 micrograms per cubic meter ([mu]g/m\3\),
based on a three-year average of annual mean PM2.5
concentrations. In the same rulemaking, EPA promulgated a 24-hour
standard of 65 [mu]g/m\3\, based on a three-year average of the 98th
percentile of 24-hour concentrations. On October 17, 2006, at 71 FR
61144, EPA retained the annual average standard at 15 [mu]g/m\3\ but
revised the 24-hour standard to 35 [mu]g/m\3\, based again on the
three-year average of the 98th percentile of 24-hour concentrations.
    On January 5, 2005, at 70 FR 944, as supplemented on April 14,
2005, at 70 FR 19844, EPA designated the NY-NJ-CT nonattainment area as
nonattainment for the 1997 PM2.5 air quality standards. In
that action, EPA defined the nonattainment area to include the
following ten New York counties: Bronx, Kings, Nassau, New York,
Orange, Queens, Richmond, Rockland, Suffolk, and Westchester.
    On July 7, 2009, the D.C. Circuit, Catawba County, North Carolina,
et al., v. EPA, 571 F.3d 20, (D.C. Cir. 2009), ruled on consolidated
petitions for review of area designations for the 1997 PM2.5
NAAQS filed by several states, counties, and industrial entities. The
DC Circuit denied petitions for review in all respects except for the
designation of Rockland County, which was remanded to EPA.\1\
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    \1\ The court found the Rockland County nonattainment
designation was inconsistent with the approach EPA used in other
designations.
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    On November 13, 2009, at 74 FR 58688, EPA promulgated designations
for the 24-hour standard set in 2006, designating the NY-NJ-CT
nonattainment area as nonattainment for the 2006 24-hour
PM2.5 NAAQS. The nonattainment area boundaries for NY-NJ-CT
nonattainment area for the 2006 PM2.5 NAAQS were identical
to the boundaries for the 1997 PM2.5 NAAQS, including all
tens counties that were previously designated nonattainment in 2005.
The November 13, 2009 action also clarified that the NY-NJ-CT

nonattainment area was classified as unclassifiable/attainment for the
1997 24-hour PM2.5 NAAQS. EPA did not promulgate
designations for the annual average NAAQS promulgated in 2006 since
that NAAQS was essentially identical to the 1997 annual
PM2.5 NAAQS.
    This proposed action addresses the designation for the annual NAAQS
promulgated in 1997 and the 24-hour NAAQS promulgated in 2006 for the
NYNAA and also addresses the D.C. Circuit's, Catawba County, 571 F.3d
20, remand of the Rockland County designation.
    In the final rulemaking action dated November 15, 2010 (75 FR
69589), EPA determined that the entire NY-NJ-CT nonattainment area had
attained the 1997 annual PM2.5 NAAQS, based upon quality
assured, quality controlled, and certified ambient air monitoring data
for the period of 2007-2009.
    On December 31, 2012 (77 FR 76867), EPA finalized the determination
that the entire NY-NJ-CT nonattainment area had attained the 2006 24-
hour PM2.5 NAAQS, based upon quality assured, quality
controlled, and certified ambient air monitoring data that showed that
the area had monitored attainment of the 2006 24-hour PM2.5
NAAQS for the 2007-2009 and 2008-2010 monitoring periods.
    The 3-year ambient air quality data for the last four 3-year
monitoring periods (2007-2009, 2008-2010, 2009-2011, and 2010-2012)
indicated no violations for the 1997 annual PM2.5 and 2006
PM2.5 NAAQS. As a result, on June 12, 2013 New York
requested redesignation of the NYNAA to attainment for the 1997 annual
PM2.5 and 2006 24-hour PM2.5 NAAQS. Under the
CAA, nonattainment areas may be redesignated to attainment if
sufficient, complete, quality-assured data is available for the
Administrator to determine that the area has attained the standard and
the area meets the other CAA redesignation requirements under
107(d)(3)(E).

B. Clean Air Interstate Rule (CAIR) and Cross State Air Pollution Rule
(CSAPR or the Transport Rule)

    On May 12, 2005, EPA published CAIR, which requires significant
reductions in emissions of SO2 and NOX from
electric generating units (EGUs) to limit the interstate transport of
these pollutants and the ozone and PM2.5 they form in the
atmosphere. See 70 FR 25162. The D.C. Circuit initially vacated CAIR,
North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately
remanded the rule to EPA without vacatur to preserve the environmental
benefits provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178
(D.C. Cir. 2008). In response to the D.C. Circuit's decision, EPA
issued the Transport Rule, also known as CSAPR, to address interstate
transport of NOX and SO2 in the eastern United
States. See 76 FR 48208 (August 8, 2011).
    On December 30, 2011, the D.C. Circuit issued an order addressing
the status of CSAPR and CAIR in response to motions filed by numerous
parties seeking a stay of CSAPR pending judicial review. In that order,
the Court stayed CSAPR pending resolution of the petitions for review
of that rule in EME Homer City Generation, L.P. v. EPA (No. 11-1302 and
consolidated cases). The Court also indicated that EPA was expected to
continue to administer CAIR in the interim until judicial review of
CSAPR was completed.
    On August 21, 2012, the DC Circuit issued a decision to vacate
CSAPR. In that decision, it also ordered EPA to continue administering
CAIR ``pending the promulgation of a valid replacement.'' EME Homer
City, 696 F.3d at 38. The DC Circuit denied all petitions for rehearing
on January 24, 2013.
    On March 29, 2013, the U.S. Solicitor General petitioned the
Supreme Court to review the DC Circuit Court's decision on CSAPR. On
June 24, 2013, the Supreme Court granted the petition to review the
decision. The Supreme Court's decision to review the case does not
alter the current status of CAIR or CSAPR.
    New York's submittal and EPA modeling demonstrate that the
attainment of the 1997 annual and 2006 24-hour PM2.5 NAAQS
will be maintained with or without the implementation of CAIR or CSAPR.
To the extent that attainment is due to emission reductions associated
with CAIR, EPA is proposing to determine that those reductions are
sufficiently permanent and enforceable for purposes of CAA sections
107(d)(3)(E)(iii) and175A.
    As directed by the DC Circuit, CAIR remains in place and
enforceable until EPA promulgates a valid replacement rule to
substitute for CAIR.
    New York's SIP revision lists CAIR among the Federal trading
programs that have resulted in permanent and enforceable emissions
reductions that have led to attainment of the PM2.5 NAAQS.
New York rules, 6 NYCRR Parts 243, 244, and 245, effective on October
19, 2007, implement the CAIR trading program in New York. CAIR was,
thus, in place and achieving emission reductions when the NY-NJ-CT
nonattainment area began monitoring attainment of the 1997 annual and
the 2006 24-hour PM2.5 standards during the 2007-2009
period. The quality assured, certified monitoring data continues to
show the area in attainment with the 1997 and 2006 PM2.5
standards through 2012, and through 2013 with preliminary data.
    In addition, air quality modeling analysis conducted during the
CSAPR rulemaking process also demonstrated that the counties in the NY-
NJ-CT nonattainment area will have PM2.5 levels below the
1997 annual and 2006 24-hour PM2.5 NAAQS in both 2012 and
2014 without taking into account emissions reductions from CAIR or
CSAPR. See ``Air Quality Modeling Final Rule Technical Support
Document'',\2\ App. B, B-18, B-19. This modeling is also available in
the docket for this proposed redesignation.
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    \2\ The document is available at http://www.epa.gov/crossstaterule/pdfs/AQModeling.pdf.
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    In sum, neither the current status of CAIR nor the current status
of CSAPR affects any of the criteria for proposed approval of this
redesignation request for the NYNAA.

III. What are the criteria for redesignation?

    Under the CAA, designations can be revised if sufficient data is
available to warrant such revisions. Section 107(d)(3)(E) of the CAA
identifies five specific requirements that an area must meet in order
to be redesignated from nonattainment to attainment:
    1. The area must have attained the applicable NAAQS.
    2. The area must meet all applicable requirements under section 110
and part D of the CAA.
    3. The area must have a fully approved SIP under section 110 (k) of
the CAA.
    4. The air quality improvement must be permanent and enforceable.
    5. The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA.
    EPA has provided guidance on redesignation in the General Preamble
for the Implementation of title I of the CAA Amendments of 1990 (April
16,1992, 57 FR 13498, and supplemented on April 28, 1992, 57 FR 18070)
and has provided further guidance on processing redesignation requests
in the following documents:

    1. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereafter referred to as the
``Calcagni Memorandum'');
    2. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air

Act (CAA) Deadlines,'' Memorandum from John Calcagni, Director, Air
Quality Management Division, October 28, 1992;
    3. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994; and
    4. ``Implementation Guidance for the 2006 24-hour
PM2.5 NAAQS,'' Memorandum from Stephen D. Page, Director,
Office of Air Quality Planning and Standards, March 2, 2012.

IV. What is the effect of EPA's proposed actions?

    Final approval of the redesignation request would change the
official designation of the NYNAA to attainment for the 1997 annual
PM2.5 and 2006 24-hour PM2.5 NAAQS, found at 40
CFR part 81. It would incorporate into the New York SIP a maintenance
plan ensuring continued attainment of the 1997 annual PM2.5
and 2006 24-hour PM2.5 NAAQS until 2025. Approval of the
2007 base year emissions inventory, which is part of the maintenance
plan, will satisfy the inventory requirements under section 172(c)(3)
of the CAA. EPA is also proposing to approve the 2009, 2017, and 2025
motor vehicle emissions budgets for PM2.5 and
NOX.

V. What is the effect of the January 4, 2013 D.C. Circuit Decision
Regarding PM2.5 Implementation under Subpart 4?

A. Background

    As discussed above, on January 4, 2013, in Natural Resources
Defense Council v. EPA (hereafter referred to as NRDC v. EPA), the DC
Circuit remanded to EPA the ``Final Clean Air Fine Particle
Implementation Rule'' (72 FR 20586, April 25, 2007) and the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' final rule (73 FR
28321, May 16, 2008) (collectively, ``1997 PM2.5
Implementation Rule''). 706 F.3d 428 (D.C. Cir. 2013). The Court found
that EPA erred in implementing the 1997 PM2.5 NAAQS pursuant
to the general implementation provisions of subpart 1 of part D of
Title I of the CAA, rather than the particulate-matter-specific
provisions of subpart 4 of Part D of Title I. Although the Court's
ruling did not directly address the 2006 PM2.5 standard, EPA
is taking into account the Court's position on subpart 4 and the 1997
PM2.5 standard in evaluating redesignations for the 2006
standard.

B. Subpart 4 Requirements and New York's Redesignation Request

    In this portion of the proposed redesignation, EPA addresses the
effect of the Court's January 4, 2013 ruling on the proposed
redesignation. As explained below, EPA is proposing to determine that
the Court's January 4, 2013 decision does not prevent EPA from
redesignating the NYNAA to attainment for the 1997 and 2006
PM2.5 NAAQS. Even in light of the Court's decision,
redesignation for this area is appropriate under the CAA and EPA's
longstanding interpretations of the CAA's provisions regarding
redesignation. EPA demonstrates that even if the subpart 4 requirements
were applied to the New York redesignation request and disregards the
provisions of its 1997 PM2.5 implementation rule recently
remanded by the Court, New York's request for redesignation of this
area still qualifies for approval. EPA's discussion takes into account
the effect of the Court's ruling on the area's maintenance plan, which
EPA views as approvable when subpart 4 requirements are considered.
    With respect to evaluating the relevant substantive requirements of
subpart 4 for purposes of redesignating the NYNAA, EPA notes that
subpart 4 incorporates components of subpart 1 of part D, which
contains general air quality planning requirements for areas designated
as nonattainment. See Section 172(c). Subpart 4 itself contains
specific planning and scheduling requirements for PM10 \3\
nonattainment areas, and under the Court's January 4, 2013 decision in
NRDC v. EPA, these same statutory requirements also apply for
PM2.5 nonattainment areas. EPA has longstanding general
guidance that interprets the 1990 amendments to the CAA, making
recommendations to states for meeting the statutory requirements for
SIPs for nonattainment areas. See, ``State Implementation Plans;
General Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990,'' 57 FR 13498 (April 16, 1992) (the ``General
Preamble''). In the General Preamble, EPA discussed the relationship of
subpart 1 and subpart 4 SIP requirements, and pointed out that subpart
1 requirements were to an extent ``subsumed by, or integrally related
to, the more specific PM-10 requirements.'' 57 FR 13538 (April 16,
1992). The subpart 1 requirements include, among other things,
provisions for attainment demonstrations, reasonably available control
measures (RACM), reasonable further progress (RFP), emissions
inventories, and contingency measures.
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    \3\ PM10 refers to particulates nominally 10
micrometers in diameter or smaller.
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    For the purposes of this redesignation, in order to identify any
additional requirements which would apply under subpart 4, we are
considering the NY-NJ-CT nonattainment area to be a ``moderate''
PM2.5 nonattainment area. Under section 188 of the CAA, all
areas designated nonattainment areas under subpart 4 would initially be
classified by operation of law as ``moderate'' nonattainment areas, and
would remain moderate nonattainment areas unless and until EPA
reclassifies the area as a ``serious'' nonattainment area. Accordingly,
EPA believes that it is appropriate to limit the evaluation of the
potential impact of subpart 4 requirements to those that would be
applicable to moderate nonattainment areas. Sections 189(a) and (c) of
subpart 4 apply to moderate nonattainment areas and include the
following: (1) An approved permit program for construction of new and
modified major stationary sources (section 189(a)(1)(A)); (2) an
attainment demonstration (section 189(a)(1)(B)); (3) provisions for
RACM (section 189(a)(1)(C)); and (4) quantitative milestones
demonstrating RFP toward attainment by the applicable attainment date
(section 189(c)).
    The permit requirements of subpart 4, as contained in section
189(a)(1)(A), refer to and apply the subpart 1 permit provisions
requirements of sections 172 and 173 to PM10, without adding
to them. Consequently, EPA believes that section 189(a)(1)(A) does not
itself impose for redesignation purposes any additional requirements
for moderate areas beyond those contained in subpart 1. In any event,
in the context of redesignation, EPA has long relied on the
interpretation that a fully approved nonattainment new source review
program is not considered an applicable requirement for redesignation,
provided the area can maintain the standard with a prevention of
significant deterioration (PSD) program after redesignation. A detailed
rationale for this view is described in a memorandum from Mary Nichols,
Assistant Administrator for Air and Radiation, dated October 14, 1994,
entitled, ``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' See also rulemakings for Detroit,
Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorain,
Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66
FR 53665, October 23, 2001); and Grand Rapids, Michigan (61 FR 31834-
31837, June 21, 1996).
    With respect to the specific attainment planning requirements under

subpart 4,\4\ when EPA evaluates a redesignation request under either
subpart 1 and/or 4, any area that is attaining the PM2.5
standard is viewed as having satisfied the attainment planning
requirements for these subparts. For redesignations, EPA has for many
years interpreted attainment-linked requirements as not applicable for
areas attaining the standard. In the General Preamble, EPA stated that:
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    \4\ i.e., attainment demonstration, RFP, RACM, milestone
requirements, contingency measures.

    The requirements for RFP will not apply in evaluating a request
for redesignation to attainment since, at a minimum, the air quality
data for the area must show that the area has already attained.
Showing that the State will make RFP towards attainment will,
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therefore, have no meaning at that point.

``General Preamble for the Interpretation of Title I of the Clean Air
Act Amendments of 1990''; (57 FR 13498, 13564, April 16, 1992).
    The General Preamble also explained that

[t]he section 172(c)(9) requirements are directed at ensuring RFP
and attainment by the applicable date. These requirements no longer
apply when an area has attained the standard and is eligible for
redesignation. Furthermore, section 175A for maintenance plans . . .
provides specific requirements for contingency measures that
effectively supersede the requirements of section 172(c)(9) for
these areas.

Id.

    EPA similarly stated in its 1992 Calcagni memorandum that, ``The
requirements for reasonable further progress and other measures needed
for attainment will not apply for redesignations because they only have
meaning for areas not attaining the standard.''
    It is evident that even if we were to consider the Court's January
4, 2013 decision in NRDC v. EPA to mean that attainment-related
requirements specific to subpart 4 should be imposed retroactively and
thus are now past due, those requirements do not apply to an area that
is attaining the 1997 and 2006 PM2.5 standards, for the
purpose of evaluating a pending request to redesignate the area to
attainment. EPA has consistently enunciated this interpretation of
applicable requirements under section 107(d)(3)(E) since the General
Preamble was published more than twenty years ago. Courts have
recognized the scope of EPA's authority to interpret ``applicable
requirements'' in the redesignation context. See Sierra Club v. EPA,
375 F.3d 537 (7th Cir. 2004).
    Moreover, even outside the context of redesignations, EPA has
viewed the obligations to submit attainment-related SIP planning
requirements of subpart 4 as inapplicable for areas that EPA determines
are attaining the standard. EPA's prior ``Clean Data Policy''
rulemakings for the PM10 NAAQS, also governed by the
requirements of subpart 4, explain EPA's reasoning. They describe the
effects of a determination of attainment on the attainment-related SIP
planning requirements of subpart 4. See ``Determination of Attainment
for Coso Junction Nonattainment Area,'' (75 FR 27944, May 19, 2010).
See also Coso Junction proposed PM10 redesignation, (75 FR
36023, 36027, June 24, 2010); Proposed and Final Determinations of
Attainment for San Joaquin Nonattainment Area (71 FR 40952, 40954-55,
July 19, 2006; and 71 FR 63641, 63643-47 October 30, 2006). In short,
EPA in this context has also long concluded that to require states to
meet superfluous SIP planning requirements is not necessary and not
required by the CAA, so long as those areas continue to attain the
relevant NAAQS.
    Elsewhere in this action, EPA proposes to determine that the NYNAA
continues to attain the 1997 and 2006 PM2.5 standards. Under
its longstanding interpretation, EPA is proposing to determine here
that the area meets the attainment-related plan requirements of
subparts 1 and 4.
    Thus, EPA is proposing to conclude that the requirements to submit
an attainment demonstration under 189(a)(1)(B), a RACM determination
under section 172(c)(1) and section 189(a)(1)(c), a RFP demonstration
under 189(c)(1), and contingency measure requirements under section
172(c)(9) are satisfied for purposes of evaluating the redesignation
request.

VI. What is EPA's analysis of New York's redesignation request?

    In an effort to comply with the CAA and to ensure continued
attainment of the NAAQS, on June 27, 2013, NYSDEC submitted a
redesignation request and maintenance plan for the 1997 annual and 2006
24-hour PM2.5 NAAQS for NY-NJ-CT nonattainment areas. On
September 18, 2013, NYSDEC submitted additional materials to supplement
the redesignation request.
    The following is a description of how the state has fulfilled each
of the CAA redesignation requirements.

A. Attainment

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). In this action, EPA is proposing
to determine that the NY-NJ-CT nonattainment area is continuing to
attain the 1997 annual and the 2006 24-hour PM2.5 NAAQS.
1997 Annual PM2.5 NAAQS
    An area may be considered to be attaining the 1997 annual
PM2.5 NAAQS if it meets the NAAQS as determined in
accordance with 40 CFR 50.7 and Appendix N of part 50, based on three
complete, consecutive calendar years of quality-assured air quality
monitoring data. To attain this standard, the three-year average of
annual means must be less than or equal to 15 [mu]g/m\3\ at all
relevant monitoring sites in the subject area. The relevant data must
be collected and quality-assured in accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System (AQS). The monitors meet data
completeness requirements when ``at least 75 percent of the scheduled
sampling days for each quarter have valid data''. The use of less than
complete data is subject to the approval of EPA, which may consider
factors such as monitoring site closures/moves, monitoring diligence,
and nearby concentrations in determining whether to use such data.
    As noted in Section II.A. above, EPA has finalized the
determination that the NY-NJ-CT nonattainment area had attained the
1997 annual PM2.5 NAAQS. (75 FR 69589, November 15, 2010).
NYSDEC submitted ambient air monitoring data showing PM2.5
concentrations attaining the annual PM2.5 NAAQS for the
2007-2009 and 2008-2010 time periods. EPA has also reviewed more recent
quality-assured data for the NY-NJ-CT nonattainment area and found that
the NYNAA continued to attain the 1997 annual PM2.5 NAAQS
through 2012.\5\
---------------------------------------------------------------------------

    \5\ Preliminary monitoring data for the first three quarters of
2013 also indicates continued attainment.
---------------------------------------------------------------------------

    Table 1, below, shows the four most recent design values by county
(i.e. 3-year average) of annual mean PM2.5 concentrations)
for the 2007-2009, 2008-2010, 2009-2011, and 2010-2012 time periods for
the 1997 annual PM2.5 NAAQS for the NY-NJ-CT
PM2.5 nonattainment area monitors.

  Table 1--Design Value Concentrations for the NY-NJ-CT 1997 Annual PM2.5NAAQS Nonattainment Area ([mu]g/m\3\)
                                [The 1997 annual PM2.5 NAAQS is 15.0 [mu]g/m\3\]
----------------------------------------------------------------------------------------------------------------
                                                                       3-Year design values
           County               AQS Monitor ID   ---------------------------------------------------------------
                                                     2007-2009       2008-2010       2009-2011       2010-2012
----------------------------------------------------------------------------------------------------------------
NEW YORK:
    Bronx...................     36-005-0080/110            13.9            12.5            11.9             9.8
    Kings...................         36-047-0122            12.2            10.8            10.3             9.9
    Nassau..................         36-059-0008            10.3             9.5             8.9             INC
    New York................    36-061-0128/0134            12.1            12.1            11.7            11.8
    Orange..................         36-071-0002             9.3             8.5             8.2             8.1
    Queens..................         36-081-0124            10.6            10.0             9.4             9.1
    Richmond................         36-085-0055            11.6            10.5             9.8             9.7
    Rockland................                  NM              NM              NM              NM              NM
    Suffolk.................         36-103-0002             9.7             8.9             8.4             8.4
    Westchester.............         36-119-1002            10.6             9.6             9.1             INC
NEW JERSEY:
    Bergen..................         34-003-0003            11.3             9.8             9.2             9.2
    Essex...................         34-0013-003             INC             INC             INC             9.5
    Hudson..................         34-017-2002            13.1            11.6            11.1            11.1
    Mercer..................         34-021-0008            10.8            10.0             9.7             9.5
    Middlesex...............         34-023-0006            10.4             8.8             7.9             8.0
    Monmouth................                  NM              NM              NM              NM              NM
    Morris..................         34-027-0004             9.6             8.7             8.5             8.4
    Passaic.................         34-031-0005            11.3             9.8             9.3             9.3
    Somerset................                  NM              NM              NM              NM              NM
    Union...................    34-039-0006/2003            11.6            10.3             9.6             9.7
CONNECTICUT:
    Fairfield...............         09-001-0010            11.3            10.0             9.4             9.4
    New Haven...............         09-009-1123            11.4            10.3             9.6             9.4
----------------------------------------------------------------------------------------------------------------
INC--Counties listed as INC did not meet 75 percent data completeness requirement for the relevant time period.
NM--No monitor located in county.

    Based on air monitoring data through 2012, EPA concludes that N-NJ-
CT nonattainment area is continuing to attain the 1997 annual
PM2.5 NAAQS. Therefore, EPA proposes that the statutory
criterion for attainment of the 1997 annual PM2.5 NAAQS (40
CFR 50.7 and Appendix N of part 50) has been met.
2006 24-hour PM2.5 NAAQS
    An area may be considered to be attaining the 2006 24-hour
PM2.5 NAAQS if it meets the NAAQS as determined in
accordance with 40 CFR 50.13 and Appendix N of part 50, based on three
complete, consecutive calendar years of quality-assured air quality
monitoring data. To attain this standard, the 98th percentile 24-hour
concentration, as determined in accordance with 40 CFR part 50,
Appendix N, is less than or equal to 35 [mu]g/m\3\ at all relevant
monitoring sites in the subject area over a 3-year period. The relevant
data must be collected and quality-assured in accordance with 40 CFR
part 58 and recorded in EPA's AQS. The monitors meet data completeness
requirements when ``at least 75 percent of the scheduled sampling days
for each quarter have valid data.'' The use of less than complete data
is subject to the approval of EPA, which may consider factors such as
monitoring site closures/moves, monitoring diligence, and nearby
concentrations in determining whether to use such data.
    EPA previously finalized the determination that the NY-NJ-CT
nonattainment area had attained the 2006 24-hour PM2.5
NAAQS, as noted in Section II.A. (77 FR 76867, December 31, 2012). The
ambient air monitoring data submitted by New York shows
PM2.5 concentrations attaining the 24-hour PM2.5
NAAQS for 2007-2009 and 2008-2010 time periods. EPA has also reviewed
more recent quality-assured data for the NY-NJ-CT nonattainment area
and found that the NYNAA continued to attain the 2006 24-hour
PM2.5 NAAQS through 2012.\6\
---------------------------------------------------------------------------

    \6\ Preliminary monitoring data for the three quarters of 2013
also indicates continued attainment.
---------------------------------------------------------------------------

    Table 2, below, shows the design value by county for the 98th
percentile 24-hour PM2.5 concentrations for the 2007-2009,
2008-2010, 2009-2011, and 2010-2012 time periods for the 2006 24-hour
PM2.5 NAAQS for the NY-NJ-CT PM2.5 nonattainment
area monitors.

 Table 2--Design Value Concentrations for the NY-NJ-CT 2006 24-hour PM2.5 NAAQS Nonattainment Area ([mu]g/m\3\)
                                   [The 24-hour PM2.5 NAAQS is 35 [mu]g/m\3\]
----------------------------------------------------------------------------------------------------------------
                                                                       3-Year design values
           County               AQS Monitor ID   ---------------------------------------------------------------
                                                     2007-2009       2008-2010       2009-2011       2010-2012
----------------------------------------------------------------------------------------------------------------
NEW YORK:
    Bronx...................     36-005-0080/133              33              29              28              24
    Kings...................         36-047-0122              30              27              25              24
    Nassau..................         36-059-0008              28              25              23             INC
    New York................    36-061-0134/0079              32              29              28              26
    Orange..................         36-071-0002              26              24              23              23
    Queens..................         36-081-0124              30              28              26              24
    Richmond................         36-085-0055              29              26              24              24
    Rockland................                  NM              NM              NM              NM              NM
    Suffolk.................         36-103-0002              26              25              23              22
    Westchester.............         36-119-1002              29              28              25             INC
NEW JERSEY:
    Bergen..................         34-003-0003              31              28              25              23
    Essex...................         34-013-0003             INC             INC             INC              23
    Hudson..................         34-017-1003              32              29              28              26
    Mercer..................         34-021-0008              29              27              26              25
    Middlesex...............         34-023-0006              27              23              20              19
    Monmouth................                  NM              NM              NM              NM              NM
    Morris..................         34-027-3001              26              23              23              21
    Passaic.................         34-031-0005              30              26              25              24
    Somerset................                  NM              NM              NM              NM              NM
    Union...................         34-039-0006              31              27              24              24
CONNECTICUT:
    Fairfield...............    09-001-0010/1123              31              28              26              24
    New Haven...............         09-009-0027              31              29              28              25
----------------------------------------------------------------------------------------------------------------
NM--No monitor located in county.
INC--All counties listed as INC did not meet 75 percent data completeness requirement for the relevant time
  period.

    Based on air monitoring data through 2012, EPA concludes that the
NY-NJ-CT nonattainment area is continuing to attain the 2006 24-hour
PM2.5 NAAQS. Therefore, EPA proposes that the statutory
criterion for attainment of the 2006 24-hour PM2.5 NAAQS (40
CFR 50.13 and Appendix N of part 50) has been met.

B. The Area Has Met All Applicable Requirements Under Section 110 and
Part D of the CAA

    EPA has determined that the NYNAA has met all SIP requirements
applicable for purposes of this redesignation under section 110 of the
CAA (General SIP Requirements) and that, upon final approval of the
2007 attainment year emissions inventory, as discussed below in this
proposed rulemaking, it will have met all applicable SIP requirements
under part D of Title I of the CAA, in accordance with CAA section
107(d)(3)(E)(v). In addition, EPA is proposing to find that all
applicable requirements of the New York SIP for purposes of
redesignation have been approved in accordance with CAA section
107(d)(3)(E)(ii).
1. Section 110 SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means, or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
The general SIP elements and requirements set forth in CAA section
110(a)(2) include, but are not limited to the following:
     Submittal of a SIP that has been adopted by the state
after reasonable public notice and hearing;
     Provisions for establishment and operation of appropriate
procedures needed to monitor ambient air quality;
     Implementation of a source permit program; provisions for
the implementation of part C requirements (Prevention of Significant
Deterioration (PSD));
     Provisions for the implementation of part D requirements
for New Source Review (NSR) permit programs;
     Provisions for air pollution modeling; and
     Provisions for public and local agency participation in
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain certain
measures to prevent sources in a state from significantly contributing
to air quality problems in another state. To implement this provision,
EPA has required certain states to establish programs to address the
interstate transport of air pollutants in accordance with the
NOX SIP Call, October 27, 1998 (63 FR 57356), amendments to
the NOX SIP Call, May 14, 1999 (64 FR 26298) and March 2,
2000 (65 FR 11222), and CAIR, May 12, 2005 (70 FR 25162). However, the
CAA section 110(a)(2)(D) requirements for a state are not linked with a
particular nonattainment area's designation and classification in that
state. EPA believes that the requirements linked with a particular
nonattainment area's designation and classifications are the relevant
measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state. Thus, EPA does not believe that these requirements
are applicable requirements for purposes of redesignation.
    In addition, EPA believes that the other CAA section 110(a)(2)
elements not connected with nonattainment plan submissions and not
linked with an area's attainment status are not applicable requirements
for purposes of redesignation. The area will still be

subject to these requirements after it is redesignated. EPA concludes
that the CAA section 110(a)(2) and part D requirements which are linked
with a particular area's designation and classification are the
relevant measures to evaluate in reviewing a redesignation request, and
that CAA section 110(a)(2) elements not linked in the area's
nonattainment status are not applicable for purposes of redesignation.
This approach is consistent with EPA's existing policy on applicability
of conformity (i.e., for redesignations) and oxygenated fuels
requirement. See Reading, Pennsylvania, proposed and final rulemakings
(61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-
Akron-Lorain, Ohio final rulemaking (61 FR 20458, May 7, 1996); and
Tampa, Florida final rulemaking (60 FR 62748, December 7, 1995). See
also the discussion on this issue in the Cincinnati, Ohio redesignation
(65 FR 37890, June 19, 2000) and in the Pittsburgh, Pennsylvania
redesignation (66 FR 53099, October 19, 2001).
    New York submitted Section 110 ``infrastructure SIPs'' required
under CAA section 110(a)(2) to EPA for the 1997 PM2.5 NAAQS
(dated October 2, 2008) and 2006 PM2.5 NAAQS (dated March
15, 2010). EPA has reviewed the New York SIP and has concluded that it
meets the general SIP requirements under section 110(a)(2) of the CAA
to the extent they are applicable for purposes for redesignating the
NYNAA to attainment for the 1997 annual PM2.5 NAAQS and the
2006 24-hour PM2.5 NAAQS. EPA took final action approving
New York's infrastructure SIP submittals on June 20, 2013 (78 FR
37122). The requirements under section 110(a)(2) of the CAA are,
however, statewide requirements that are not linked to the
PM2.5 nonattainment status of the NYNAA. Therefore, EPA
believes that these SIP elements are not applicable requirements for
purposes of review of New York's PM2.5 redesignation
request.
2. Title I, Part D Nonattainment Requirements
    Subpart 1 of part D of Title I of the CAA sets forth the basic
nonattainment requirements applicable to all nonattainment areas. All
areas that were designated nonattainment for the 1997 and 2006
PM2.5 NAAQS were designated under this subpart of the CAA,
and the requirements applicable to them are contained in sections 172
and 176. EPA's analysis of the particulate-matter-specific provisions
of Subpart 4 of part D of Title I as a result of the January 4, 2013
D.C. Circuit decision is discussed earlier in this notice.
Section 172 Requirements
    Under CAA section 172, states with nonattainment areas must submit
plans providing for timely attainment and meet a variety of other
requirements. As mentioned, EPA has previously finalized determinations
that the NY-NJ-CT nonattainment areas had attained the 1997 annual and
the 2006 24-hour PM2.5 NAAQS.
    New York's obligation to submit an attainment demonstration, RACT/
RACM, RFP, contingency measures, and other planning SIPs related to the
attainment of the PM2.5 NAAQS has been suspended due to
EPA's determination that the NY-NJ-CT nonattainment area has attained
the 1997 annual and 2006 24-hour PM2.5 NAAQS. New York
submitted a SIP revision (PM2.5 attainment plan) for
attaining the 1997 annual PM2.5 NAAQS on October 27, 2009.
The requirements to submit PM2.5 attainment plans were
suspended as a result of the determination of attainment and it was not
necessary for New York to submit a plan for the 2006 24-hour
PM2.5 NAAQS. The only remaining requirement to be considered
after the determination of attainment of the PM2.5 NAAQS is
the emission inventory required under CAA section 172(c)(3).
    The General Preamble for Implementation of Title I also discusses
the evaluation of these requirements in the context of EPA's
consideration of a redesignation request. The General Preamble sets
forth EPA's view of applicable requirements for purposes of evaluating
redesignation requests when an area is attaining the standard. See
General Preamble for Implementation of Title I (57 FR 13498, April 16,
1992).
    Because attainment has been reached for the NY-NJ-CT nonattainment
area, no additional measures are needed to provide for attainment. CAA
section 172(c)(1) requirements for an attainment demonstration, and
RACT/RACM are no longer considered to be applicable requirements for as
long as the area continues to attain the standard until redesignation.
See 40 CFR 51.1004(c). The RFP requirement under CAA section 172(c)(2)
are similarly not relevant for purposes of redesignation.
    Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions. As
part of the maintenance plan submitted by New York on June 27, 2013,
the State has submitted an attainment year inventory that meets this
requirement. For purposes of the PM2.5 NAAQS, the emissions
inventory should address not only direct emissions of PM2.5,
but also emissions of all precursors with the potential to participate
in PM2.5 formation, i.e., SO2, NOX,
VOC and ammonia (NH3). The 2007 attainment year emissions
inventory submitted by New York in the June 27, 2013 submission
addressed PM2.5, SO2, NOX, VOC and
NH3 emissions.
    The emissions cover the general source categories of point sources,
area sources, onroad sources and nonroad sources. The proposed approval
of the 2007 attainment year emissions inventory in this rulemaking
action will, when finalized, meet the requirements of CAA section
172(c)(3).
    The 2007 emissions inventory was prepared by NYSDEC and is
presented in Table 5 located in Section VII.E.2(a), Attainment
Emissions Inventory, of this action. Table 5 shows the 2007 base year
PM2.5, NOX, SO2, VOC and
NH3 annual emission inventories for the NYNAA. EPA's
detailed evaluation of the base year inventories for all pollutants is
also addressed in Section VII.E.2.(a), Attainment Emissions Inventory,
of this action. A copy of the Technical Support Document \7\ submitted
by New York is included in the TSD of the New York SIP submission.
---------------------------------------------------------------------------

    \7\ AMEC and SRA for MARAMA Technical Support Document for the
Development of the 2007 Emission Inventory for PM Nonattainment
Counties in the MANE-VU Region Version 3.3. AMEC Environment and
Infrastructure and SRA International, Inc for Mid-Atlantic Regional
Air Management Association (MARAMA), January 23, 2012.
---------------------------------------------------------------------------

    Section 172(c)(4) of the CAA requires the identification and
quantification of allowable emissions for major new and modified
stationary sources in an area, and CAA section 172(c)(5) requires
source permits for the construction and operation of new and modified
major stationary sources anywhere in the nonattainment area. EPA has
determined that, since the PSD requirements will apply after
redesignation, areas being redesignated need not comply with the
requirement that a nonattainment New Source Review (NSR) program be
approved prior to redesignation, provided that the area demonstrates
maintenance of the NAAQS without part D NSR. A more detailed rationale
for this view is described in the memorandum from Mary Nichols,
Assistant Administrator for Air and Radiation, dated October 14, 1994
entitled, ``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' New York's approved PM2.5 PSD
program will become

effective in the NYNAA upon redesignation to attainment.
    Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the standard. Because attainment
has been reached in the NY-NJ-CT nonattainment area, no additional
control measures are needed to provide for attainment.
    Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, EPA believes the New
York SIP meets the requirements of section 110(a)(2) applicable for
purposes of redesignation.
    CAA section 172(c)(9) provides that SIPs in nonattainment areas
``shall provide for the implementation of specific measures to be
undertaken if the area fails to make reasonable further progress, or to
attain the [NAAQS] by the attainment date applicable under this part.
Such measures shall be included in the plan revision as contingency
measures to take effect in any such case without further action by the
State or [EPA].'' This contingency measure requirement is inextricably
tied to the reasonable further progress and attainment demonstration
requirements. Because attainment has been reached for the 1997 annual
and the 2006 24-hour PM2.5 NAAQS, contingency measures are
not applicable for redesignation.
Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine transportation conformity applies to
transportation plans, programs and projects that are developed, funded
or approved under title 23 of the United States Code (U.S.C.) and the
Federal Transit Act. The requirement to determine general conformity
applies to all other federally supported or funded projects. State
transportation conformity SIP revisions must be consistent with Federal
transportation conformity regulations relating to consultation,
enforcement and enforceability that EPA promulgated pursuant to its
authority under the CAA.\8\
---------------------------------------------------------------------------

    \8\ Guidance on transportation conformity SIPs can be found at:
http://www.epa.gov/otaq/stateresources/transconf/policy/420b09001.pdf.
---------------------------------------------------------------------------

    EPA interprets the conformity \9\ SIP requirements as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state rules have not been
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation
of Tampa, Florida).
---------------------------------------------------------------------------

    \9\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from MVEBs that are established in control
strategy SIPs and maintenance plans.
---------------------------------------------------------------------------

C. Fully Approved SIP Under Section 110(k) of the CAA

    Section 107(d)(3)(E)(ii) of the CAA requires that for an area to be
redesignated the Administrator has fully approved the applicable
implementation plan for the area under section 110(k).
    Upon final approval of New York's 2007 attainment year emissions
inventory, EPA will have fully approved the SIPs for the NYNAA for the
1997 annual and 2006 24-hour PM2.5 NAAQS under section
110(k) for all requirements applicable for purposes of redesignation.
    EPA is proposing to approve the 2007 attainment year emissions
inventory (submitted as part of its maintenance plan) for the NYNAA as
meeting the requirement of section 172(c)(3) of the CAA for the 1997
annual and 2006 24-hour PM2.5 NAAQS. Therefore, New York
will have satisfied all applicable requirements under part D of Title I
of the CAA.

D. The Air Quality Improvement Must Be Permanent and Enforceable

    The improvement in air quality must be due to permanent and
enforceable reductions in emissions resulting from implementation of
the SIP and applicable federal air pollution control regulations and
other permanent and enforceable reductions (CAA section
107(d)(3)(E)(iii)). EPA proposes to determine that the air quality
improvement in the NYNAA is due to permanent and enforceable reductions
in emissions resulting from implementation of the SIP, federal
measures, and other state adopted measures.
    As indicated in Section VI.A., the NY-NJ-CT nonattainment area came
into attainment with the 1997 annual and the 2006 24-hour
PM2.5 NAAQS beginning with the 2007-2009 time period. The
area has remained in attainment and the air quality has improved. As
shown in the State's submittal \10\, the PM2.5 maximum and
average concentrations for NYNAA monitors shows a downward trend over
the past decade. Additionally the State's submittal \11\ demonstrates
that New York's maximum design values in the NY-NJ-CT nonattainment
area have not exceeded the annual NAAQS since 2007, New Jersey's
maximum design values have not exceeded the annual NAAQS since 2006,
and Connecticut's maximum design value has not exceeded the annual
NAAQS since 2003. For the 2006 24-hour PM2.5 NAAQS, New
York's and New Jersey's maximum design values have not exceeded the
NAAQS since 2008, and Connecticut's maximum design value has not
exceeded the NAAQS since 2007.
---------------------------------------------------------------------------

    \10\ See New York' redesignation submission, Figures 5 thru 8
    \11\ See New York' redesignation submission, Table 6
---------------------------------------------------------------------------

    As demonstrated in the state's maintenance plan, the improvement in
air quality can be attributable to the Federal and SIP approved State
control measures that provide for PM2.5, and
PM2.5 precursors emission reductions from 2002 through
PM2.5 NAAQS attainment beginning in 2007-2009 (see Table 3).
The tables also indicate the maintenance plan measures with
quantifiable emission reductions that New York is relying on to
demonstrate maintenance.

                                                          Table 3--List of Post-2002 New York Control Measures for PM2.5 and Precursors
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Targeted pollutants
         Name of control  measure                  Type of  measure        ------------------------------------------------------------   Maintenance                 State citation
                                                                                NOX        PM2.5        SO2         VOC         NH3       plan measure
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Architectural and Industrial Maintenance   State..........................  ..........  ..........  ..........          X   ..........  ...............  6 NYCRR 205.
 Coatings.

Reasonably Available Control Technology    State..........................          X   ..........  ..........          X   ..........  ...............  6 NYCRR 212.10.
 for Major Facilities.
Solvent Metal Cleaning Process...........  State..........................  ..........  ..........  ..........          X   ..........  ...............  6 NYCRR 226.
Reasonably Available Control Technology    State..........................          X   ..........  ..........  ..........  ..........               X   6 NYCRR 227-2.
 for Major Facilities of Oxides of
 Nitrogen.
Portland Cement Plants...................  State..........................          X   ..........  ..........  ..........  ..........  ...............  6 NYCRR 220-1.
Glass Plants.............................  State..........................          X   ..........  ..........  ..........  ..........  ...............  6 NYCRR 220-2.
Surface Coating Processes, Commercial and  State..........................  ..........  ..........  ..........          X   ..........               X   6 NYCRR 228.
 Industrial Adhesives, Sealants and
 Primers.
Graphic Arts.............................  State..........................  ..........  ..........  ..........          X   ..........  ...............  6 NYCRR 234.
Portable Fuel Container Spillage Control.  State..........................  ..........  ..........  ..........          X   ..........               X   6 NYCRR 239.
New York I/M Program.....................  State..........................          X   ..........  ..........          X   ..........               X   6 NYCRR 217.
Residential Woodstove NSPS...............  Federal rule...................          X           X   ..........          X   ..........               X
CAIR.....................................  Federal rule...................          X   ..........          X   ..........  ..........  ...............
Federal Tier 2 Gasoline Sulfur Program...  Federal rule...................  ..........  ..........          X   ..........  ..........               X
Federal Clean Diesel Program.............  Federal rule...................          X           X           X           X   ..........               X
Control of Emissions from Nonroad Large    Federal rule...................          X           X   ..........          X   ..........               X
 Sparking Engines, and Recreational
 Engines (Marine and Land-based).
Control of Emissions of Air Pollution      Federal rule...................          X           X           X   ..........  ..........               X
 from Nonroad Diesel Engines and Fuel.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 4 shows Federal and State post 2007-2009 maintenance plan
measures with creditable emissions reductions, including measures that
have been adopted, but not yet implemented, that New York is relying on
to demonstrate maintenance. New York's submittal also included
additional measures to provide additional assurance that New York's air
quality will continue to comply with the 1997 annual and 2006 24-hour
PM2.5 NAAQS.

                                                 Table 4--List of 2007-2009 New York Maintenance Plan Control Measures for PM2.5 and Precursors
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Targeted pollutants
         Name of control  measure                  Type of  measure        ------------------------------------------------------------   Maintenance                 State citation
                                                                                NOX        PM2.5        SO2         VOC         NH3       plan measure
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
EGU- Oil.................................  State..........................          X   ..........          X           X   ..........               X   6 NYCRR Part 227.
EGU- Gas.................................  State..........................          X   ..........  ..........          X   ..........               X   6 NYCRR Part 227 and 228.
Low Sulfur Distillate and Residual Fuel    State..........................  ..........          X           X   ..........  ..........               X   6 NYCRR Parts 225.
 Strategies.
Asphalt..................................  State..........................  ..........  ..........  ..........          X   ..........               X   6 NYCRR Part 241.
Consumer Products........................  State..........................  ..........  ..........  ..........          X   ..........               X   6 NYCRR Parts 231.
Oil Combustion Sources...................  State..........................  ..........  ..........  ..........          X   ..........               X   6 NYCRR Parts 227.
Natural Gas Combustion...................  State..........................  ..........  ..........  ..........          X   ..........               X   6 NYCRR Parts 227.
New York Combustion Regulation...........  State..........................          X           X           X   ..........  ..........               X   6 NYCRR Parts 227.
New York Low Emission Vehicle Program      State..........................          X           X   ..........          X   ..........               X   6 NYCRR Part 218.
 (LEV II).

Heavy Duty Highway Rule-Vehicle Standards  Federal Rule...................          X           X           X           X   ..........               X   .......................................
 and Diesel Fuel Sulfur Co.
Nonroad Diesel Engines...................  Federal Rule...................          X           X   ..........          X   ..........               X   .......................................
Locomotive Engines and Marine Compression- Federal Rule...................          X           X   ..........          X   ..........               X   .......................................
 Ignition Engines Less than 30 Liters per
 Cylinder.
Phase 2 Standards for Non-Road Spark       Federal Rule...................          X   ..........  ..........          X   ..........               X   .......................................
 Ignition Non-handheld Engines at or
 below 19 kW.
Phase 2 Standards for Small Spark          Federal Rule...................          X   ..........  ..........          X   ..........               X   .......................................
 Ignition Handheld Engines at or below 19
 kW.
Recreational Vehicles (includes            Federal Rule...................          X   ..........  ..........          X   ..........               X   .......................................
 snowmobiles, off-highway motorcycles,
 and all-terrain vehicles).
Gasoline Boats and personal watercraft,    Federal Rule...................          X           X   ..........          X   ..........               X   .......................................
 outboard engines.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Based on the information presented above, New York has adequately
demonstrated that the decline in PM2.5 concentrations was
due to permanent and enforceable control measures. EPA proposes to find
that the combination of existing EPA-approved SIP and Federal measures
contribute to the permanence and enforceability of reduction in ambient
PM2.5 levels that have allowed New York to attain the 1997
PM2.5 and 2006 24-hour PM2.5 NAAQS.

E. The Area Must Have a Fully Approved Maintenance Plan Pursuant to
Section 175A of the CAA

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the
NYNAA to attainment for the 1997 annual PM2.5 NAAQS and the
2006 24-hour PM2.5 NAAQS, New York submitted a SIP revision
to provide for maintenance for at least 10 years after the effective
date of redesignation to attainment. EPA believes this maintenance plan
meets the requirements for approval under section 175A of the CAA.
1. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain
contingency measures as EPA deems necessary to assure prompt correction
of any future PM2.5 violations. The Calcagni Memorandum,
dated September 4, 1992, provides further guidance on the content of a
maintenance plan, explaining that a maintenance plan should address
five requirements: (1) An attainment emissions inventory; (2) a
maintenance demonstration showing maintenance for 10 years; (3) a
commitment to maintain the existing monitoring network; (4)
verification of continued attainment; and (5) a contingency plan to
prevent or correct future violations. As is discussed more fully below,
EPA proposes to find that the New York maintenance plan includes all
the necessary components and is thus proposing to approve it as a
revision to the New York SIP.
2. Analysis of the Maintenance Plan
    The maintenance demonstration must demonstrate effective safeguards
of the NAAQS for at least 10 years following the redesignation showing
that future PM2.5 and precursor emissions will not exceed
the level of the attainment year.
    States are required to submit the following inventory elements to
satisfy the redesignation/maintenance plan inventory requirements:
    Maintenance Plan Attainment Inventory. Maintenance plan provisions
include a comprehensive, accurate, and current emissions inventory from
all point, area, nonroad and onroad mobile sources for the
PM2.5 nonattainment area. States are required to develop an
attainment inventory to identify the level of emissions in the area
that is sufficient to attain the NAAQS. This inventory should include
the emissions during the time period associated with the monitoring
data showing attainment.
    Maintenance Plan Interim Year Inventory. At a minimum, emissions

should be projected to a midpoint year between the attainment year and
the endpoint/10-year inventory. This inventory provides a summary of
controlled emissions for point, area, nonroad and onroad mobile sources
for the PM2.5 nonattainment area for the interim year
inventory.
    Maintenance Plan Projected Final Year Inventory. Emissions should
be projected from the attainment year to at least 10 years into the
future. This inventory provides a summary of controlled emissions for
point, area, nonroad and onroad mobile sources at the endpoint/10-year
period.
    For the NYNAA, 2007 emissions were projected to 2017 and 2025. New
York must demonstrate, with the control programs identified in this
SIP, that total 2017 or 2025 projected emissions do not exceed the 2007
emission levels.
    Below are EPA's review and evaluation of the maintenance
demonstration for the two areas. Additional detail is provided in the
TSD.
(a) Attainment Emissions Inventory
    Selection of 2007 Base Year as the Maintenance Plan Attainment Year
Inventory
    An attainment inventory is comprised of the emissions during the
time period associated with the monitoring data showing attainment. New
York selected 2007 as the attainment inventory year for the NYNAA for
the 1997 annual PM2.5 and 2006 24-hour PM2.5
standards.
    For the 1997 PM2.5 annual standard, the NYNAA had
monitored attainment based on air monitoring data for 2007-2009. For
the 2006 24-hour PM2.5 standard, the NYNAA had monitored
attainment for 2007-2009, and 2008-1010. EPA proposes to concur that
the 2007 base year emissions inventory is appropriate as the attainment
year inventory for the PM2.5 redesignation maintenance plan.
Criteria for Approval of the Maintenance Plan Attainment Year Inventory
    There are general and specific components of an acceptable emission
inventory. In general, the State must submit a revision to its SIP and
the emission inventory must meet the minimum requirements for reporting
by source category.
    For a base year emission inventory to be acceptable it must pass
all of the following acceptance criteria:
    1. Evidence that the inventory was quality assured by the state and
its implementation documented.
    2. The point source inventory must be complete.
    3. Point source emissions must have been prepared or calculated
according to the current EPA guidance.
    4. The area source inventory must be complete.
    5. The area source emissions must have been prepared or calculated
according to the current EPA guidance.
    6. Non-road mobile emissions were prepared according to current EPA
guidance for all of the source categories.
    7. The method (e.g., HPMS or a network transportation planning
model) used to develop vehicle miles traveled (VMT) estimates must
follow EPA guidance. The VMT development methods must be adequately
described and documented in the inventory report.
    8. The US EPA's Motor Vehicle Emissions Simulator (MOVES) model
must be correctly used to produce emission factors for each of the
vehicle classes.
EPA's Evaluation of the Maintenance Plan Attainment Year Inventory
Quality Assurance Plan Implementation
    The Quality Assurance (QA) plan was implemented for all portions of
the inventory. QA checks were performed relative to data collection and
analysis to avoid the double counting of emissions from point, area and
mobile sources. QA/QC checks were conducted to ensure accuracy of
units, unit conversions, transposition of figures, and calculations.
Point and Area Source Inventories
    New York's inventory includes major point sources for each
pollutant in tons per year (tpy). The inventory report describes how
point and area source activity levels and their associated parameters
were developed, and how the data were used to calculate emission
estimates. The inventory lists the source categories that are included
in (and excluded from) the area source inventory. The report provides
referenced documents for activity level and emission factors used.
Information on how control efficiencies were derived (with the
associated sample calculations) is also provided. Point and area source
summary information on detailed county and/or nonattainment area
levels, are included in the inventory. Where applicable, annual
emissions are provided for PM2.5, PM10,
NOX, SO2, VOC and NH3 for
PM2.5 nonattainment areas.
    The primary sources of anthropogenic ammonia emissions are two
agricultural operations, livestock and fertilizer. Ammonia emissions
from livestock and fertilizer were prepared by the EPA using the
Carnegie Mellon University (CMU) Ammonia Model, Version 3.6. The model
runs are based on 2007 activity levels. Ammonia emissions for
industrial refrigeration, composting, and publicly owned treatment
works were prepared by the EPA.
Nonroad Mobile Source Inventory
    For the NYNAA, the predominant non-road mobile source categories
(i.e., agricultural equipment, construction equipment, industrial
equipment, airport service equipment, light commercial equipment, lawn
and garden equipment, etc.) were developed by using version 2008a of
EPA's Nonroad Emissions Equipment Model released by EPA's Office of
Transportation and Air Quality (OTAQ). Nonroad mobile source emissions
are presented on a source category, county and/or nonattainment area
basis. Where applicable, annual emissions are provided for
PM2.5, PM10, NOX, SO2, VOC
and NH3 for the PM2.5 nonattainment areas.
Aircraft, Locomotive and Commercial Marine Vessel Inventories
    Where applicable, aircraft, locomotive, and commercial marine
vessel emissions on a county basis are provided for PM2.5,
PM10, NOX, SO2, VOC and
NH3. Activity level and emissions data for each source
category is provided. Aircraft, locomotive and commercial marine vessel
source emissions are presented on a source category, county and/or
nonattainment area basis. Where applicable, annual emissions are
provided for PM2.5, PM10, NOX,
SO2, VOC and NH3 for PM2.5
nonattainment areas.
Onroad Mobile Source Inventory
    For the onroad mobile source category, the primary indicator and
tool for developing on-road mobile growth and expected emissions are
vehicle miles traveled (VMT) and EPA's MOVES model. The 2007 pollutant
emission factors were generated by MOVES (with the associated
controlled measures applied, where appropriate) and applied to the
monthly VMT projections provided by the State. Monthly emissions were
then combined to develop annual emission estimates.
    MOVES model was used to generate emission factors for VOC,
NH3, PM2.5, PM10, NOX and
SO2 on-road vehicle emission estimates. The report also
explains how MOVES emission factors are used, in conjunction with VMT
data, to estimate mobile source emissions for the inventoried areas. It
provides the

sources for the key inputs into the MOVES model. Key assumptions are
also included. The methods used to determine on-road emission estimates
are explained in the report. VOC, NH3, PM2.5,
PM10, NOX and SO2 annual combined on-
road mobile emissions by county are provided. Where applicable, annual
emissions are provided for VOC, NH3, PM2.5,
PM10, NOX and SO2 for all areas. The
breakdown of annual emissions by highway vehicle classifications is
included in the inventory.
    Table 5 below shows the 2007 base year PM2.5,
PM10, NOX, SO2, VOC and NH3
annual emission inventories for the NYNAA.

                                                      Table 5--2007 NYNAA PM2.5 Base Year Inventory
                                                                     [In tons/year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Source sector                             VOC             NOX            PM10            PM2.5            SO2             NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................        3,707.01       38,195.94        3,206.28      124,750.31       43,886.32          882.89
Nonpoint................................................      101,481.89       41,899.74       48,054.84       11,621.00       29,513.22        1,960.83
Nonroad.................................................       46,026.72       59,512.46        4,170.45        3,899.30        6,052.88            1.96
On-road.................................................       71,379.46      149,501.91        9,723.36        6,835.30          982.77        3,484.40
Road Dust...............................................             N/A             N/A        3,483.59        1,174.60             N/A             N/A
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................      222,595.08      289,110.05       68,638.51      148,280.52       80,435.19        6,610.08
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA is proposing to approve the 2007 PM2.5 base year
inventory for PM2.5, PM10, NOX,
SO2, VOC and NH3 for the NYNAA. The Maintenance
Plan Attainment Year/Base Year 2007 emissions inventory is
comprehensive, accurate, and current for all sources of relevant
pollutants in the nonattainment area. In all cases the 2007 attainment/
base year inventory was done in accordance with EPA guidance. The
technical support document provides additional information regarding
the review conducted by EPA for the 2007 PM2.5 base year
inventory. EPA proposes that by approving the 2007 base year inventory
for PM2.5, PM10, NOX, SO2,
VOC and NH3 for the NYNAA, will also serve to establish a
PM10 emissions inventory specifically for New York County,
which satisfies an existing SIP planning requirement for the
PM10 New York County nonattainment area. See 78 FR 72032,
December 2, 2013.
(b) 2017 Interim and 2025 End Year Projection Inventories
Criteria for Approval of the 2017 Interim and 2025 Projection End Year
Inventories
    There are general and specific components for acceptable 2017
Maintenance Plan Interim and 2025 End Year Projection Inventories. In
general, the State must submit a revision to its SIP and the
aforementioned components must meet certain minimum requirements for
reporting by source category.
    For the projection inventories to be acceptable they must pass the
following acceptance criteria: \12\
---------------------------------------------------------------------------

    \12\ Emission Inventory Improvement Program guidance document
titled Volume X, Emission Projections, dated December 1999.
---------------------------------------------------------------------------

    1. Were the 2017 and 2025 projection inventories developed in
accordance with the procedures outlined EPA's latest guidance?
    2. Were the Plans developed in accordance with EPA's latest
guidance for Growth Factors, Projections, and Control Strategies for
Reasonable Progress Goal Plans?
EPA's Evaluation of the Maintenance Plan 2017 Interim and 2025 End Year
Projection Inventories
    A projection of 2007 PM2.5 and the associated
PM2.5 precursors emissions to 2017 and 2025 is required to
determine the emission reductions needed for the inventory maintenance
plan. The 2017 and 2025 projection year emission inventories are
calculated by multiplying the 2007 base year inventory by factors which
estimate growth from 2007 to 2017 and 2025. A specific growth factor
for each source type in the inventory is required since sources
typically grow at different rates.
Major Point Sources
Electric Generating Units (EGU) and Non-Electric Generating Units (Non-
EGUs)
    For the major point source category, the projected emissions
inventories were first calculated by estimating growth in each source
category. As appropriate, the 2007 emissions inventory was used as the
base for applying factors to account for inventory growth. The point
source inventory was grown from the 2007 inventory to 2017 and 2025 for
each facility using growth factors utilized in U.S. Department of
Energy's (USDOE) Annual Energy Outlook (AEO) projections for 2011
Electric Region and Fuel Source for EGUs and AEO 2010, and State
supplied employment data.
Area Sources
    For the area source category, New York projected emissions from
2007 to 2017 and 2025 using growth factors generated from USDOE AEO
2010, state supplied population, employment data and vehicle miles
travelled (for road dust categories) where appropriate.
Non-Road Mobile Sources
Nonroad Vehicle Equipment Emissions
    Non-road vehicle equipment emissions were projected from 2007 to
2017 and 2025 using the EPA's NONROAD 2008a model. This model was used
to calculate past and future emission inventories for all nonroad
equipment categories except commercial marine vessels, locomotives and
aircrafts. Emissions were determined on a monthly basis and combined to
provide annual emission estimates.
Aircrafts, Locomotives and Commercial Marine Vessels (CMV)
    Aircraft emissions were projected from 2007 to 2017 and 2025 based
on landing and takeoff growth factors from the Federal Aviation
Administration Terminal Area Forecast System for 2009-2030.
    Locomotives emissions were projected from 2007 to 2017 and 2025
based on combined growth and control factors from EPA's RIA in May 2008
for control of locomotive engines and USDOE's 2006 Annual Energy
Outlook report.
    CMV emissions were projected to 2017 and 2025 using EPA's
regulatory impact assessment (RIA) May 2008 RIA report, for category 1
and 2 vessels and EPA's 2009 RIA report for category 3 vessels based on
combined growth and control factors.

Onroad Mobile Sources
    For the onroad mobile source category, the primary indicator and
tool for developing on-road mobile growth and expected emissions are
VMT and US EPA's mobile emissions model MOVES2010a. Projection years
2017 and 2025 pollutant emission factors were generated by MOVES2010a
(with the associated controlled measures applied, where appropriate)
and applied to the monthly VMT projections provided by the State.
Monthly emissions were then combined to develop annual emission
estimates.
    Tables 6A-6C show the 2007 base year inventory and 2017 and 2025
projection emission inventories controlled after 2007 using the
aforementioned growth indicators/methodologies for the NYNAA.

                                           Table 6A--2007 Emission Totals by Source Sector (tpy) for the NYNAA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Source sector                             VOC             NOX            PM10            PM2.5            SO2             NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................        3,707.01       38,195.94        3,206.28      124,750.31       43,886.32          882.89
Nonpoint................................................      101,481.89       41,899.74       48,054.84       11,621.00       29,513.22        1,960.83
Nonroad.................................................       46,026.72       59,512.46        4,170.45        3,899.30        6,052.88            1.96
On-road.................................................       71,379.46      149,501.91        9,723.36        6,835.30          982.77        3,484.40
Road Dust...............................................             N/A             N/A        3,483.59        1,174.60             N/A             N/A
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................      222,595.08      289,110.05       68,638.51      148,280.52       80,435.19        6,610.08
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                           Table 6B--2017 Emission Totals by Source Sector (tpy) for the NYNAA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Source sector                             VOC             NOX            PM10            PM2.5            SO2             NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................        4,131.72       37,066.75        3,193.99      124,290.57       43,484.29          867.60
Nonpoint................................................       93,790.95       36,640.38       34,306.76        9,403.95        4,412.25           1,915
Nonroad.................................................       26,408.16       45,197.21        3,040.77        2,809.06        4,212.42            1.12
On-road.................................................       33,083.83       68,362.66        7,171.83        3,897.71          939.20        2,340.95
Road Dust...............................................             N/A             N/A        2,959.46          954.01             N/A  ..............
Tappan Zee Project......................................             N/A          457.00             N/A             N/A             N/A
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................      157,414.67      187,724.00       50,672.82      141,355.28       53,048.17        5,124.68
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                           Table 6C--2025 Emission Totals by Source Sector (tpy) for the NYNAA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Source sector                             VOC             NOX            PM10            PM2.5            SO2             NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................        4,153.64       37,645.59        3,201.53      124,294.66       43,596.39          872.33
Nonpoint................................................       94,698.56       35,467.73       38,066.67       10,126.70        4,389.48        1,924.66
Nonroad.................................................       24,737.31       42,773.21        2,519.12        2,290.95        4,599.34            1.05
On-road.................................................       26,911.17       51,260.81        6,952.22        3,291.09          935.40        2,443.53
Road Dust...............................................             N/A             N/A        3,184.31          960.05             N/A
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................      150,500.68      167,147.34       53,923.85      140,963.45       53,520.61        5,241.57
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The permanent and enforceable control measures that are relied on
to provide continued attainment of (``maintenance'') of the 1997 annual
and 2006 24-hour PM2.5 NAAQS are listed as maintenance plan
measures in Tables 3 and 4. New York has already implemented, or
adopted rules with future implementation dates, for these measures.
Additional information regarding the control measures can be found in
the TSD.
    EPA is proposing to approve the 2017 interim and 2025
PM2.5 projections for the NYNAA. In all cases the 2017 and
2025 projection year inventories were performed in accordance with EPA
guidance. For further information concerning EPA's evaluation and
analysis of the emission inventories, see the TSD available in the
docket.
    Tables 6A-6C above shows the inventories for the 2007 attainment
year, the 2017 interim year, and the 2025 endpoint year for the NYNAA.
Tables 6A-6C shows that when comparing the 2007 inventory to the 2017
and 2025 projected emission inventories the NYNAA is projected to
reduce PM2.5 precursor emissions substantially. Thus, the
2017 and 2025 projected emissions inventories show that the NYNAA will
continue to maintain the 1997 annual and 2006 24-hour PM2.5
NAAQS during the 10 year maintenance period.
Maintenance Demonstration Thru 2025
    As noted in Section VII.E.1, CAA section 175A requires a state
seeking redesignation to attainment to submit a SIP revision to provide
for the maintenance of the NAAQS in the area ``for at least 10 years
after the redesignation.'' EPA has interpreted this as a showing of
maintenance ``for a period of 10 years following redesignation.'' See
Calcagni Memorandum. Where the emissions inventory method of showing
maintenance is used, its purpose is to show that emissions during the
maintenance period will not increase over the attainment year
inventory. See Calcagni Memorandum.
    As discussed in detail above, the State's maintenance plan
submission expressly documents that the NYNAA emissions inventories
will remain below the attainment year inventories through at least
2025. In addition, for the reasons set forth below, EPA proposes to
determine that the State's submission further demonstrates that the
NYNAA will continue to maintain the 1997 annual and 2006 24-hour
PM2.5 NAAQS at least through 2025:
     For the NYNAA, emissions inventory levels for all
PM2.5 precursors in 2025 are well below the attainment

year inventory levels (see Table 6C). EPA proposes that it is highly
improbable that sudden increases would occur that could exceed the
attainment year inventory levels in 2025.
     Air quality concentrations for PM2.5 are below
the NAAQS by 3 [mu]g/m\3\ or more, indicating a margin of safety in the
event of any emissions increase. As shown in Table 1, for the 1997
annual NAAQS of 15 [mu]g/m\3\, the design value for 2010-2012 for the
NY-NJ-CT PM2.5 nonattainment area value was 11.8 [mu]g/m\3\.
As shown in Table 2, for the 2006 PM2.5 NAAQS of 35 [mu]g/
m\3\, the design value for 2010-2012 for the NY-NJ-CT PM2.5
nonattainment area was 26 [mu]g/m\3\.
     Air quality concentrations showed a significant downward
trend over time for the NY-NJ-CT PM2.5 nonattainment area
for both the 1997 and 2006 PM2.5 NAAQS. See Figures 7 and 8
of the New York redesignation request, which is available in the
docket.
     Additional emissions reductions will occur through EPA's
Mercury and Air Toxics Standards (MATS) \13\. See the TSD for more
information regarding MATS, including expected emission reductions.
---------------------------------------------------------------------------

    \13\ 77 FR 9304 (February 16, 2012).
---------------------------------------------------------------------------

(d) Monitoring Network
    New York currently operates ten Federal reference PM2.5
monitors in the NYNAA. In its June 27, 2013 Air Monitoring Network Plan
submittal, New York has committed to continued operation of the
PM2.5 air monitoring network, which meets the requirements
of 40 CFR part 58, to verify continue attainment.
    New York is required to perform and submit to EPA an assessment of
the air monitoring network every 5 years and to review the adequacy of
its air monitoring network plan annually through the air monitoring
network plan process. Any changes (aside from emergency changes) to the
monitoring network, including replacing or moving monitor(s) to new
locations, as necessary, would be made through this process. This
review process undergoes a public notice period, and is subject to
approval by the EPA.
    EPA proposes to conclude that the State of New York has met the
requirement for continuing to operate an appropriate air monitoring
network.
(e) Verification of Continued Attainment
    Continued attainment of the PM2.5 NAAQS in the state
depends, in part, on the state's efforts towards tracking indicators of
continued attainment during the maintenance period. New York's plan for
verifying continued attainment of the 1997 and 2006 PM2.5
standards consists of continued operation of New York's
PM2.5 air monitoring network in accordance with the
requirements of 40 CFR part 58. New York will also verify continued
attainment by determining whether emission levels from New York's
emission inventory, which is developed every three years, are adequate.
    EPA proposes to approve New York's plans for verifying continued
attainment of the PM2.5 NAAQS.
(f) Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include
such contingency provisions as EPA deems necessary to ensure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation of the contingency measures, and a time limit for action
by the state. The state should also identify specific indicators to be
used to determine when the contingency measures need to be adopted and
implemented. The maintenance plan must include a requirement that the
state will implement all measures with respect to control of the
pollutant(s) that were contained in the SIP before redesignation of the
area to attainment. See section 175A(d) of the CAA.
    As required by 175A of the CAA, New York has included contingency
provisions in the maintenance plan to address possible future
PM2.5 air quality problems. However, instead of providing a
specific schedule and procedure for the adoption and implementation of
contingency measures, New York has identified the list of measures that
are currently being pursued by the State, which will be adopted once
the New York's rulemaking process has been concluded. New York expects
these rules to be adopted within the next few years. These measures
include the following:
    1. New NOX and PM control limits on distributed
generation sources that are not already subject to state or federal
limits (6 NYCRR Part 222--Distributed Generation)
    2. Additional VOC emission reductions from gasoline dispensing
facilities and gasoline transport vehicles (Revisions to 6 NYCRR Part
230--Gasoline Dispensing Sites and Transport Vehicles)
    New York has also identified two recently adopted rules as
contingency measures: Revisions to 6 NYCRR Part 225--Fuel Composition
and Use (adopted April 5, 2013) \14\, and Revisions to 6 NYCRR Part
228--Surface Coating Processes, Commercial and Industrial Adhesives,
Sealants, and Primers (adopted June 5, 2013) \15\. Although New York
included these measures in the list of control measures that the State
was relying on to demonstrate maintenance (see Section VI.D. for the
list of identified maintenance control measures), and while EPA
supports the adoption and implementation of these rules to reduce
PM2.5 emissions, EPA is proposing that these two measures do
not qualify as contingency measures since they have already been
adopted and used for maintenance. Regardless, EPA notes that
PM2.5 levels are sufficiently below the NAAQS indicating a
sufficient margin of safety in the event of emissions increase. 2010-
2012 design values are below the NAAQS by more than 3 [mu]g/m\3\ for
both the 1997 annual and 2006 24-hour PM2.5 NAAQS. Tables 1
and 2 of this proposal show the design values for the NY-NJ-CT
PM2.5 nonattainment area. EPA proposes that it is unlikely
that New York will violate the PM2.5 NAAQS, as design values
in all counties in the NY-NJ-CT nonattainment area are well below the
NAAQS, and continue to decrease.
---------------------------------------------------------------------------

    \14\ EPA is acting on this rule, which was submitted as a SIP
revision on June 12, 2013, in a separate action.
    \15\ EPA proposed approval on November 20, 2013 (78 FR 69625).
---------------------------------------------------------------------------

    New York has affirmed that all control measures in the maintenance
plan have been implemented, or adopted with future implementation
dates. New York has also noted in their submittal that the control
measures that have led to expeditious attainment of the annual and 24-
hour PM2.5 NAAQS are SIP implemented measures that cannot be
repealed or relaxed without equivalent reductions from other sources(s)
(e.g. CAA section 110 anti-backsliding provisions).
    Air quality modeling conducted during the CSAPR rulemaking process,
as mentioned previously in Section II. B., demonstrated that the
counties in the NY-NJ-CT nonattainment area will have PM2.5
levels below the NAAQS in 2014, without taking into account emission
reductions from CAIR or CSAPR. The highest PM2.5 design
values, as determined from the CSAPR modeling, for sites in the NYNAA
in 2014 was 13.89 [mu]g/m\3\ for the 1997 annual NAAQS, and 32.0 ug/
m\3\ for the 24-hour 2006 NAAQS. The ``modeled differential'' between
the modeled design values and the PM2.5 NAAQS indicates that
there are excess emission

reductions available for contingency based on EPA CSAPR modeling.
    EPA proposes to find that New York's maintenance plan includes
appropriate contingency measures to promptly correct any violation of
the NAAQS that occurs after redesignation.
Maintenance Plan Conclusion
    For all of the reasons discussed above, EPA is proposing to approve
New York's 1997 annual and 2006 24-hour PM2.5 maintenance
plan for the NYNAA as meeting the requirements of section 175A of the
CAA.

VII. What is EPA's analysis of New York's proposed NOX and
PM2.5 motor vehicle emission budgets?

    Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas.
    Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for nonattainment areas.
These control strategy SIPs (including RFP and attainment
demonstrations) and maintenance plans create motor vehicle emissions
budgets (MVEBs or budgets) for criteria pollutants and/or their
precursors to address pollution from cars and trucks. Per 40 CFR part
93, an MVEB must be established for the last year of the maintenance
plan. A state may adopt MVEBs for other years as well. The MVEB is the
portion of the total allowable emissions in the maintenance
demonstration that is allocated to highway and transit vehicle use and
emissions. The MVEB serves as a ceiling on emissions from an area's
planned transportation system. The MVEB concept is further explained in
the preamble to the November 24, 1993, Transportation Conformity Rule
(58 FR 62188). The preamble also describes how to establish the MVEB in
the SIP and how to revise the MVEB.
    New York has developed MVEBs for the NYNAA. The budgets are being
established for both the 1997 annual and 2006 24-hour PM2.5
standards. New York 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 established by this maintenance plan will be used by
transportation agencies to meet conformity requirements for both the
annual and daily standards.
    New York developed these MVEBs, as required, for the last year of
its maintenance plan, 2025, and two additional years, 2009 and 2017,
for the purpose of establishing budgets for the near-term based on
EPA's MOVES model. Previously established and approved MVEBs had been
based on MOBILE6.2.
    The 2009 MVEBs were developed without an accompanying full
emissions inventory. EPA proposes that this approach is approvable and
is consistent with attainment and maintenance of both the 1997 annual
and 2006 24-hour PM2.5 standards because of our earlier
determinations that the New York-N.New Jersey-Long Island, NY-NJ-CT
nonattainment area had attained the standards based on monitored air
quality that included the year 2009 (see Section II.A.).
    The MVEBs for the NYNAA are defined in Table 7 below.

  Table 7--PM2.5 and NOX MVEBs for Both the 1997 Annual and 2006 Daily
                               PM2.5 NAAQS
                             [Tons per year]
------------------------------------------------------------------------
New York Metropolitan Transportation
       Council & Orange County          Direct PM2.5           NOX
       Transportation Council
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    EPA is proposing to approve the 2009, 2017 and 2025 MVEBs for
NOX and PM2.5 for the NYNAA because EPA has
determined that the areas will maintain both the 1997 annual and 2006
24-hour PM2.5 NAAQS with on-road vehicle emissions capped at
the levels set by the budgets. EPA's review thus far indicates that the
budgets meet the adequacy criteria set forth by 40 CFR 93.118(e)(4)(i)
through (iv), as follows:
    i. 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. 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 budgets were clearly identified
and quantified and are presented here in Table 7.
    iv. The 2009, 2017 and 2025 motor vehicle emissions 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 based on monitoring data, the 2009 budgets are
therefore consistent with maintenance of the respective standards.
    v. The motor vehicle emissions budgets were developed from the on-
road 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.
    The submitted maintenance plan establishes new 2009, 2017 and 2025
budgets to ensure continued maintenance of the standards; therefore
there were no revisions made to previously submitted control strategy

implementation plans or maintenance plans.
    New York State did not provide emission budgets for SO2,
VOC, and ammonia because it concluded, consistent with the presumptions
regarding these precursors in the conformity rule at 40 CFR
93.102(b)(2)(v), which predated and was not disturbed by the litigation
on the PM2.5 implementation rule, that emissions of these
precursors from motor vehicles are not significant contributors to the
area's PM2.5 air quality problem.
    EPA issued conformity regulations to implement the 1997
PM2.5 NAAQS in July 2004 and May 2005 (69 FR 40004, July 1,
2004 and 70 FR 24280, May 6, 2005, respectively). Those actions were
not part of the final rule remanded, on January 4, 2013, to EPA by the
Court of Appeals for the District of Columbia in NRDC v. EPA, No. 08-
1250, in which the Court remanded to EPA the implementation rule for
the PM2.5 NAAQS because it concluded that EPA must implement
that NAAQS pursuant to the PM-specific implementation provisions of
subpart 4 of Part D of Title I of the CAA, rather than solely under the
general provisions of subpart 1. That decision does not affect EPA's
proposed approval of these MVEBs.
    First, as noted above, EPA's conformity rule implementing the 1997
PM2.5 NAAQS was a separate action from the overall
PM2.5 implementation rule addressed by the Court and was not
considered or disturbed by the decision. Therefore, the conformity
regulations were not at issue in NRDC v. EPA.\16\ In addition, as
discussed in Section II.A, the New York-N.New Jersey-Long Island, NY-
NJ-CT nonattainment area is attaining the 1997 annual and 2006 24-hour
PM2.5 standards with 2010-2012 design values of 11.8
[micro]g/m\3\ and 26 [mu]g/m\3\, respectively, which is well below the
annual PM2.5 NAAQS of 15 [micro]g/m\3\ and 24-hour NAAQS of
35 [mu]g/m\3\. The modeling analysis conducted for the RIA for the 2012
PMNAAQS indicates that the design value for this area is expected to
continue to decline through 2020. Further, the State's maintenance plan
shows continued maintenance through 2025 by demonstrating that
NOX, and direct PM2.5 emissions continue to
decrease through the maintenance period. For VOC and ammonia, RIA
inventories for 2007 and 2020 show that both on-road and total
emissions for these pollutants are expected to decrease, supporting the
state's conclusion, consistent with the presumptions regarding these
precursors in the conformity rule, that emissions of these precursors
from motor vehicles are not significant contributors to the area's
PM2.5 air quality problem and the MVEBs for these precursors
are unnecessary. With regard to SO2, the 2005 final
conformity rule (70 FR 24280) based its presumption concerning on-road
SO2 motor vehicle emissions budgets on emissions inventories
that show that SO2 emissions from on-road sources constitute
a ``de minimis'' portion of total SO2 emissions. As shown
elsewhere in this proposal, on-road emissions in 2025 are less than 2%
of total SO2 emissions in the area.
---------------------------------------------------------------------------

    \16\ The 2004 rulemaking addressed most of the transportation
conformity requirements that apply in PM2.5 nonattainment
and maintenance areas. The 2005 conformity rule included provisions
addressing treatment of PM2.5 precursors in MVEBs. See 40
CFR 93.102(b)(2). While none of these provisions were challenged in
the NRDC case, EPA also notes that the Court declined to address
challenges to EPA's presumptions regarding PM2.5
precursors in the PM2.5 implementation rule. NRDC v. EPA,
at 27, n. 10.
---------------------------------------------------------------------------

    EPA is proposing to approve the 2009, 2017 and 2025 direct
PM2.5 and NOX motor vehicle emissions budgets for
the NYNAA for the 1997 annual and 2006 24-hour PM2 NAAQS. We are
proposing approval based on our review that shows that the budgets meet
the adequacy criteria found in the transportation conformity rule (40
CFR 93.118(e)(4)) and our thorough review of the maintenance plan that
shows that the plan will provide for maintenance of both
PM2.5 NAAQS through 2025.

VIII. What is the status of EPA's adequacy determination for the
proposed NOX and PM2.5 motor vehicle emission
budgets for 2009, 2017 and 2025 for New York?

    When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA may affirmatively find the MVEB contained
therein adequate for use in determining transportation conformity. Once
EPA affirmatively finds the submitted MVEB is adequate for
transportation conformity purposes, that MVEB must be used by state and
Federal agencies in determining whether proposed transportation
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4), and our review of New York's submission
in the context of these criteria was presented in Section VII. The
process for determining adequacy consists of three basic steps: public
notification of a SIP submission, a public comment period, and EPA's
adequacy determination. This process for determining the adequacy of
submitted MVEBs for transportation conformity purposes was initially
outlined in EPA's May 14, 1999, guidance, ``Conformity Guidance on
Implementation of March 2, 1999, Conformity Court Decision.'' EPA
adopted regulations to codify the adequacy process in the
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards and
Miscellaneous Revisions for Existing Areas; Transportation Conformity
Rule Amendments--Response to Court Decision and Additional Rule
Change,'' on July 1, 2004 (69 FR 40004). Additional information on the
adequacy process for transportation conformity purposes is available in
the proposed rule entitled, ``Transportation Conformity Rule
Amendments: Response to Court Decision and Additional Rule Changes,''
68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, New York's maintenance plan submission
includes NOX and PM2.5 MVEBs for the NYNAA for
2009, 2017 and 2025. EPA reviewed the NOX and
PM2.5 MVEBs through the adequacy process. The New York SIP
submission, including the NOX and PM2.5 MVEBs,
was open for public comment on EPA's adequacy Web site on July 15,
2013, found at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The public comment period closed on August 14, 2013. EPA
did not receive any comments on the adequacy of the MVEBs, nor did EPA
receive any requests for the SIP submittal.
    A letter was sent to New York State on August 19, 2013, stating
that the 2009, 2017 and 2025 MVEB's in New York's SIP for the New York
PM2.5 nonattainment area were adequate because they are
consistent with the required maintenance demonstration. In the letter
we noted that there are existing approved and adequate budgets for
2009, but that the 2009 budgets contained in the submitted maintenance
plan will be the most recent budget in place to satisfy the latest
Clean Air Act requirement and therefore will be the applicable 2009
budget to be used in future transportation conformity determinations
for analysis years prior to 2017.
    EPA then published in the Federal Register its determination on the
adequacy of the PM2.5 and NOX 2009, 2017 and 2025
MVEBs for transportation conformity purposes. (78 FR 54177, September
3, 2013). These budgets became effective on September 18, 2013, after
which they were required to be used for all future transportation
conformity determinations.

IX. What action is EPA proposing to take?

    EPA is proposing to approve New York's request for redesignating
the NYNAA for the 1997 and 2006 PM2.5 NAAQS to attainment,
because the State has demonstrated compliance with the requirements of
section 107(d)(3)(E) for redesignation. EPA has evaluated New York's
redesignation request and determined that it meets the redesignation
criteria set forth in section 107(d)(3)(E) of the CAA. EPA believes
that the monitoring data demonstrate that the NYNAA has attained the
1997 annual and 2006 24-hour PM2.5 NAAQS and will continue
to attain the standard. Final approval of this redesignation request
would change the designation of the NYNAA from nonattainment to
attainment for the 1997 PM2.5 annual and the 2006
PM2.5 24-hour NAAQS. EPA is also proposing to approve the
maintenance plan for the NYNAA as a revision to the New York SIP. EPA
is also proposing to approve the 2007 NH3, VOC,
NOX, PM10, direct PM2.5, and
SO2 emission inventories as meeting the comprehensive
emissions inventory requirements of section 172(c)(3) of CAA.
Additionally, EPA is proposing to approve the 2009, 2017, and 2025
motor vehicle emissions budgets for PM2.5 and
NOX. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.

X. 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 action merely proposes to approve 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 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 proposed 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, Nitrogen dioxide,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: January 16, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2014-02478 Filed 2-10-14; 8:45 am]
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