Approval and Promulgation of Implementation Plans; Carbon Monoxide State Implementation Plan Revision States of New York, New Jersey and Connecticut

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Region II Docket No. 149, NJ26-1-7294; FRL-5409-5]

Approval and Promulgation of Implementation Plans; Carbon

Monoxide State Implementation Plan Revision States of New York, New

Jersey and Connecticut

AGENCY: Environmental Protection Agency (EPA).

ACTION: Solicitation of Comment.

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SUMMARY: Section 211(m) of the Clean Air Act requires that the

Administrator determine the period prone to high ambient concentrations

of carbon monoxide (CO) for each area requiring an oxygenated gasoline

program under that section. EPA previously proposed to determine that

the period when the New York-Northern New Jersey-Long Island

consolidated metropolitan statistical area is prone to high ambient

concentrations of CO extends from November 1 to the last day of

February. See 60 FR 47911 (September 15, 1995). EPA is here soliciting

comment on that proposed determination for a limited purpose, to invite

comment on additional information concerning emission modeling and data

for the New Jersey portion of the area.

DATES: Comments must be received in writing on or before March 13,

1996.

ADDRESSES: All comments should be addressed to: William J. Muszynski,

P.E., Deputy Regional Administrator, Environmental Protection Agency,

Region II Office, 290 Broadway, New York, New York 10007-1866

Attention: William S. Baker.

Copies of the state submittal(s) are available at the following

addresses for inspection during normal business hours: Environmental

Protection Agency, Region II Office, Library 16th Floor, 290 Broadway,

New York, New York 10007-1866.

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

Branch, Environmental Protection Agency, 290 Broadway, New York, New

York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Background

Motor vehicles are significant contributors of CO emissions, which

are harmful to human health. An important measure toward reducing these

emissions is the use of cleaner-burning oxygenated gasoline. Extra

oxygen in the fuel enhances fuel combustion and helps to offset fuel-

rich operating conditions, particularly during vehicle starting in cold

weather.

Section 211(m) of the Clean Air Act (Act) requires certain states

with areas that are nonattainment for the CO National Ambient Air

Quality Standards to implement oxygenated gasoline programs for the

period that the areas are prone to high ambient concentrations of CO.

The Administrator is to determine this control period for each area.

States with CO nonattainment areas at or above a 9.5 parts per million

(ppm) design value must implement oxygenated gasoline programs by

November 1, 1992 and submit these programs as SIP revisions.

The section 211(m) requirement applies to New Jersey, New York and

Connecticut because these states each contain a portion of the New

York-Northern New Jersey-Long Island nonattainment area, which has a

design value for CO above 9.5 ppm. The requirement had also originally

applied to Southern New Jersey as well; however that area, which is

part of the Philadelphia CO nonattainment area, is currently in

attainment for CO and, as such, is no longer required to implement an

oxygenated gasoline program. 60 FR 62741, December 7, 1995. The New

York-Northern New Jersey-Long Island CO nonattainment area is part of

the New York-Northern New Jersey-Long Island Consolidated Metropolitan

Statistical Area (CMSA) and includes the New Jersey Counties of Bergen,

Essex, Hudson, Union, and parts of Passaic. The nonattainment area in

Passaic County includes the Cities of Clifton, Paterson, and Passaic.

New Jersey's portion of the larger CMSA, within which oxygenated fuel

sale is required, consists of the following counties: Bergen, Essex,

Hudson, Hunterdon, Middlesex, Ocean, Passaic, Somerset, Sussex, Union

and Warren.

On September 15, 1995, in the course of action on the New York CO

SIP, EPA proposed to find that the appropriate length of the control

period for the entire New York-Northern New Jersey-Long Island CMSA is

four months (60 FR 47911). EPA also proposed to approve New York's

oxygenated fuels program and, in a separate notice, Connecticut's

oxygenated fuels program, both for a four-month control period (60 FR

47907, 60 FR 47911, September 15, 1995). On December 7, 1995, EPA

published a direct-final rule (with an accompanying proposal) to

redesignate the Southern New Jersey Camden County CO nonattainment area

to attainment. (60 FR 62741). Finally, in a related document published

in the Final Rules section of today's Federal Register EPA is issuing a

final limited approval of New Jersey's request to revise its CO State

Implementation Plan (SIP) to incorporate New Jersey's oxygenated

gasoline program for the Northern New Jersey portion of the New York-

Northern New Jersey-Long Island CMSA as it applies for the four months

from November 1 through the last day of February.

Length of Control Period

The following information, provided for background purposes only,

summarizes certain information provided in the proposed determination.

The Act provides for EPA to determine a single period during which

an entire nonattainment area is prone to high ambient concentrations of

CO. This uniform control period will apply, at least as a minimum, to

each state's portion of a multi-state nonattainment area. EPA

previously proposed a determination of the period prone to high ambient

concentrations of CO for the New York-Northern New Jersey-Long Island

CMSA. 60 FR 47911, (September 15, 1995). The comment period on that

proposed determination closed on October 15, 1995, and EPA received no

comments on the issue of the control period determination.

EPA has applied established Agency guidance (announced for

availability at 57 FR 47853, October 20, 1992) regarding oxygenated

gasoline control periods to determine the proper control period length

for the New York-Northern New Jersey-Long Island CMSA. As part of the

1992 guidance document, based on air quality data from 1990 and 1991,

EPA suggested that the proper control period for the New York-Northern

New Jersey-Long Island CMSA was October 1 through April 30. However,

the 1992 guidance does not establish a binding norm regarding control

periods and provides that the determination of the control period will

be an issue to be finally decided by EPA as part of the review of

individual state SIP revisions for oxygenated gasoline programs.

Section 211(m), cited in the 1992 EPA guidance, requires control

period length to be decided by the EPA Administrator based on the

period an area is prone to high CO concentrations. The three-state New

York-Northern New Jersey-Long Island CMSA has not recorded an

exceedance of the CO national ambient air quality standard (NAAQS) in

the

[[Page 5364]]

three months proposed to be dropped since October of 1991. Furthermore,

since 1992 the CMSA has not been prone to high ambient concentrations

of CO during those three months. Under the approach used in EPA's

guidance, ``prone to high ambient concentrations of carbon monoxide''

is a criterion more stringent than the NAAQS, in that the CO levels

which characterize an area as being prone to high CO concentrations

during a specific period may be lower than the NAAQS and therefore not

necessarily exceed it.

EPA believes that implementation of new programs under the Clean

Air Act in each state in the CMSA will adequately ensure continued

observance of reduced levels of CO during the months of October, March

and April. Reformulated gasoline (RFG) is a year round clean gasoline

program, which provides gasoline oxygenated to 2.0 percent. This

program was initiated on January 1, 1995, in the CMSA (see 59 FR 7716,

February 16, 1994). EPA believes that implementation of an enhanced

inspection and maintenance (I/M) program [40 CFR Part 51, Subpart S]

and the turnover of the New York-Northern New Jersey-Long Island CMSA

fleet to newer, cleaner vehicles, combined with the use of RFG will

ensure continued lower CO emissions from motor vehicles for the CMSA

during October, March and April, even in the absence of the higher

minimum oxygen content.

While the established guidance bases the determination of control

period only on air quality monitoring data (which exists for the entire

New York-Northern New Jersey-Long Island CMSA for 1992 to 1995), EPA

believes that it is prudent also to provide a technical analysis

further supporting the reduction of oxygen content during the shoulder

months in the area. EPA performed a series of computer model runs to

support the contention that in future years, starting with Autumn 1996,

without sales of gasoline oxygenated to 2.7 percent, but with

implementation of federal RFG and enhanced I/M (or an inspection

program deemed equivalent thereto), combined with vehicle turnover, CO

emissions will continue to be lower during October, March and April in

the area.

Since, after the implementation of the oxygenated fuels program,

the first observance of low CO levels during those months was in 1993,

average vehicle emissions from that year were used as an upper limit in

determining the adequacy of CO control without higher oxygen content in

October, March and April. Modelled levels of CO below the levels

observed in the shoulder months in 1993 will provide further assurance

that the shorter control period will not result in high CO levels

during those three months.

Solicitation of Comment

EPA invites comment on the following information, which EPA

believes provides additional support for its proposed determination

regarding the appropriate control period for this CMSA. The

solicitation of comment is therefore limited to comments related to

this additional information. EPA is not soliciting comment for any

other purpose, and will not consider as timely any comments addressing

other points.

EPA performed a comparison of average vehicle emissions using the

most current version of EPA's emission factor model for mobile sources,

MOBILE5a. All modeling assumed implementation of RFG (with 2.0 percent

oxygen content) and implementation of an enhanced I/M program (or an

equivalent inspection program) in New Jersey for the 1996-1997 season

and future CO seasons. MOBILE5a variables such as vehicle speeds and a

vehicle miles traveled growth rate were specific to New Jersey

(supplied by the New Jersey Department of Environmental Protection and

the New Jersey Department of Transportation). For further details

regarding the MOBILE5a runs and the subsequent comparisons, the reader

is referred to the technical support document for this notice and the

related notice issuing a limited approval for New Jersey's program.

Modeling further assures that after removing 2.7 percent oxygenated

gasoline, but accounting for the effects of RFG, enhanced I/M and

vehicle turnover, vehicle emissions of CO, through calendar year 2020

(based on an average day in the CO season in each of those years), will

still be at least 18 percent less than vehicle emissions of CO in 1993

with 2.7 percent oxygenated gasoline during October, March and April.

This supports EPA's belief that, even with elimination of oxygenated

gasoline program requirements in the shoulder months in the area, the

area will not be prone to ``high'' ambient concentrations during those

months. The modeling results do not affect EPA's determination that a

four month control period complying with the statutory minimum length

is still required. Should future ambient air quality data show that

high CO levels do in fact occur in the shoulder months, contrary to

EPA's predictions, EPA would reevaluate its determination of the period

prone to high ambient concentrations of CO.

Dated: January 19, 1996.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 96-2582 Filed 2-9-96; 8:45 am]

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