Clean Air Act Promulgation of Reclassification of Ozone Nonattainment Area; States of New Jersey and New York

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Region II Docket No. 135, NY14-2-6676, FRL-5086-3]

Clean Air Act Promulgation of Reclassification of Ozone

Nonattainment Area; States of New Jersey and New York

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is announcing its

final decision to reclassify the Poughkeepsie ozone nonattainment area

from a marginal nonattainment area to a moderate nonattainment area.

This action also announces a final determination that the Albany-

Schenectady-Troy, NY; Allentown-Bethlehem-Easton, NJ-PA; Buffalo-

Niagara Falls, NY; Essex County, NY; and, Jefferson County, NY ozone

nonattainment areas classified as marginal have attained the ozone air

quality standard by the attainment date of November 15, 1993. These

actions are based on monitored air quality readings of the national

ambient air quality standard for ozone during the years 1991-1993.

EFFECTIVE DATE: This action will be effective on November 7, 1994.

ADDRESSES: Materials relevant to this rulemaking are included in Air

Docket A-90-42, located in Rm. M-1500, First Floor, Waterside Mall, 40l

M St., SW., Washington, DC, and may be inspected at this location

during the hours from 8:30 a.m. to 12 noon and from 1:30 p.m. to 3:30

p.m., Monday through Friday, except for legal holidays. A duplicate

copy of the docket is located in the EPA Regional Office listed below.

FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs

Branch, Environmental Protection Agency, Region II, 26 Federal Plaza,

Room 1034A, New York, New York 10278, (212) 264-2517.

SUPPLEMENTARY INFORMATION: On July 28, 1994, the EPA published in the

Federal Register (59 FR 38410) a Notice of Proposed Rulemaking (NPR)

concerning the reclassification of the Poughkeepsie ozone nonattainment

area from marginal to moderate. The NPR also proposed a determination

that the Albany-Schenectady-Troy, NY; Allentown-Bethlehem-Easton, NJ-

PA; Buffalo-Niagara Falls, NY; Essex County, NY; and, Jefferson County,

NY marginal nonattainment areas attained the ozone air quality standard

by the attainment date of November 15, 1993. The reclassification and

determinations are based solely on ozone air quality data measured

during the 1991-1993 period.

The rationale for EPA's proposed action was explained in the NPR

and will not be restated here since EPA's final action does not differ

from the proposed action in the NPR. EPA received eleven separate

letters submitted by the public in support of the proposed

reclassification of the Poughkeepsie area. No adverse comments were

received on the NPR. Therefore, EPA is finalizing the proposed

reclassification of the Poughkeepsie nonattainment area. This rule

fulfills EPA's obligations under Section 181(b)(2) to determine whether

the Poughkeepsie area attained the ozone national ambient air quality

standards (NAAQS) by its attainment date, and to publish its

determination in the Federal Register.

No comments were received on the proposed attainment determinations

of the Albany-Schenectady-Troy, NY; Allentown-Bethlehem-Easton, NJ-PA;

Buffalo-Niagara Falls, NY; Essex County, NY; and, Jefferson County, NY

marginal nonattainment areas. Therefore, this rule also fulfills EPA's

obligation under Section 181(b)(2)(A) which requires the Administrator,

shortly after the attainment date, to determine whether ozone

nonattainment areas attained the NAAQS.

Final Action

The EPA is reclassifying the Poughkeepsie ozone nonattainment area

from a marginal nonattainment area to a moderate nonattainment area.

This action also determines that the Albany-Schenectady-Troy, NY;

Allentown-Bethlehem-Easton, NJ-PA; Buffalo-Niagara Falls, NY; Essex

County, NY; and, Jefferson County, NY ozone nonattainment areas

classified as marginal have attained the ozone air quality standard by

the attainment date of November 15, 1993. These actions are based on

measured ozone air quality levels during the years 1991-1993.

Consequently, these areas are eligible to be redesignated to attainment

under section 107(d)(3), if the criteria of that provision are met.

Nothing in this final rule should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

Under Executive Order 12866, which revoked and replaced Executive

Order 12291, EPA is required to judge whether an action is a

``significant regulatory action'' and therefore subject to the

requirement of a regulatory impact analysis. The Agency has determined

that this reclassification would not adversely affect the economy to

the degree set forth in section 3(f) of the Executive Order as grounds

for a finding that an action is a ``significant regulatory action.''

Furthermore, under the Executive Order, qualitative costs and benefits,

such as environmental costs and benefits, are given as much weight in

determining the impact of a regulatory action as quantifiable costs and

benefits, such as economic costs and benefits. As such, the

environmental benefits of this reclassification far outweigh any

economic effect of this regulatory action. Consequently, this action

will not undergo review by the Office of Management and Budget.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

Reclassification of nonattainment areas under section 181 of the

Act do not create any significant new requirements applicable to small

entities. This action does not directly regulate small entities and

there are no alternatives to taking this action of the types identified

in sections 603(c) and 604(a)(3) of the Regulatory Flexibility Act.

Therefore, I certify that this action does not have a significant

impact on small entities.

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, National parks,

Wilderness areas.

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

Dated: September 30, 1994.

Carol M. Browner,

Administrator.

40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

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

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

2. In Sec. 81.333 the table for ``New York-Ozone'' under

``Poughkeepsie Area'' is amended by revising the entries for ``Dutchess

County'', ``Orange County (remainder)'', and ``Putnam County'' to read

as follows:

Sec. 81.333 New York.

* * * * *

New York-Ozone

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area -----------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

----------------------------------------------------------------------------------------------------------------

* * * * * * *

Poughkeepsie Area:

Dutchess County........... 1/6/92 Nonattainment.............. November 7, 1994........... Moderate.

Orange County (remainder). \2\4/21/9 Nonattainment.............. November 7, 1994\2\........ Moderate.

4

Putnam County............. 1/15/92 Nonattainment.............. November 7, 1994........... Moderate.

* * * * * * *

----------------------------------------------------------------------------------------------------------------

\1\This date is November 15, 1990, unless otherwise noted.

\2\However, the effective date is November 15, 1990 for purposes of determining the scope of a ``covered area''

under section 211(k)(10)(D), opt-in under section 211(k)(6), and the baseline determination of the 15%

reduction in volatile organic compounds under section 182(b)(1).

* * * * *

[FR Doc. 94-24805 Filed 10-5-94; 8:45 am]

BILLING CODE 6560-50-P