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Judith A. Enck
Federal Register
September 16, 2011
[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Proposed Rules]
[Pages 57696-57701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23855]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2011-0687, FRL-9465-9]
Approval and Promulgation of Implementation Plans; New York;
Motor Vehicle Enhanced Inspection and Maintenance Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing action
on a proposed State Implementation Plan revision submitted by the New
York State Department of Environmental Conservation. This revision
consists of changes to New York's motor vehicle enhanced inspection and
maintenance program that would eliminate the transient emission short
test program as it relates to the New York portion of the New York-
Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate
nonattainment area. EPA is proposing approval of this State
Implementation Plan revision because it meets all applicable
requirements of the Clean Air Act and EPA's regulations and because the
revision will not interfere with attainment or maintenance of the
national ambient air quality standards in the affected area. The
intended effect of this action is to maintain consistency between the
State-adopted rules and the Federally approved SIP.
DATES: Comments must be received on or before October 17, 2011.
ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2011-0687, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Werner.Raymond@epa.gov.
Fax: 212-637-3901.
Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
Hand Delivery: Raymond Werner, 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 hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
Instructions: Direct your comments to Docket No. EPA-R02-OAR-2011-
0687. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://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 information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail 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 or 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 docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway,
25th Floor, New York,
[[Page 57697]]
New York 10007-1866. EPA requests, if at all possible, that you contact
the individual 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 a.m. to 4 p.m., excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Kirk Wieber (wieber.kirk@epa.gov), Air
Programs Branch, Environmental Protection Agency, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA proposing?
II. Background Information
What are the Clean Air Act (CAA) requirements for a moderate 8-
hr ozone nonattainment area?
History of the Ozone Standard and Area Designations CAA
Requirements for I/M Programs
III. What was included in New York's proposed SIP submittal?
IV. What are the I/M performance standard requirements and does New
York's I/M program satisfy them?
V. Does New York demonstrate noninterference with attainment and
maintenance under Section 110(l) of the CAA?
VI. What are EPA's conclusions?
VII. Statutory and Executive Order Reviews
I. What action is EPA proposing?
The EPA is proposing to approve a revision to the New York State
Implementation Plan (SIP) pertaining to New York's motor vehicle
enhanced inspection and maintenance (I/M) program that proposes to end
tailpipe testing on December 31, 2010. This proposed SIP revision also
outlines several changes to New York's enhanced I/M programs currently
operating within the New York portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT nonattainment area. New York proposes to
reduce the percentage of emissions waivers allowed within that area to
2% (from 3%). New York indicates that the decentralized program, which
features on-board diagnostics inspections, is as effective as a
centralized test-only program for modeling purposes.
II. Background Information
What are the Clean Air Act (CAA) requirements for a moderate 8-hour
ozone nonattainment area?
History of the Ozone Standard and Area Designations
In 1997, EPA revised the health-based national ambient air quality
standards (NAAQS) for ozone, setting it at 0.08 parts per million
averaged over an 8-hour period. EPA set the 8-hour ozone standard based
on scientific evidence demonstrating that ozone causes adverse health
effects at lower ozone concentrations and over longer periods of time
than was understood when the pre-existing 1-hour ozone standard was
set. EPA determined that the 8-hour standard would be more protective
of human health, especially with regard to children and adults who are
active outdoors, and individuals with a pre-existing respiratory
disease, such as asthma.
On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to
the 8-hour ozone standard. These actions became effective on June 15,
2004. The New York portion of the New York-Northern New Jersey-Long
Island, NY-NJ-CT nonattainment area is composed of the five boroughs of
New York City and the surrounding counties of Nassau, Suffolk,
Westchester and Rockland. This is collectively referred to as the New
York City Metropolitan Area or NYMA. The NYMA was classified as a
severe ozone nonattainment area under the pre-existing 1-hour ozone
standard. These designations triggered the requirements under section
182(b) of the CAA for moderate and above nonattainment areas, including
a requirement to submit an enhanced motor vehicle I/M program.
CAA Requirements for I/M Programs
The CAA requires certain states to implement an enhanced I/M
program to detect gasoline-fueled motor vehicles that exhibit excessive
emissions of certain air pollutants. The enhanced I/M program is
intended to help states meet Federal health-based NAAQS for ozone and
carbon monoxide by requiring vehicles with excess emissions to have
their emissions control systems repaired. Section 182 of the CAA
requires I/M programs in those areas of the nation that are most
impacted by carbon monoxide and ozone pollution.
On April 5, 2001, EPA published in the Federal Register
``Amendments to Vehicle Inspection and Maintenance Program Requirements
Incorporating the On-Board Diagnostics Check'' (66 FR 18156). The
revised I/M rule requires that electronic checks of the On-Board
Diagnostics (OBD) system on model year 1996 and newer OBD-equipped
motor vehicles be conducted as part of states' motor vehicle I/M
programs.
OBD is part of the sophisticated vehicle powertrain management
system and is designed to detect engine and transmission problems that
might cause vehicle emissions to exceed allowable limits.
The OBD system monitors the status of up to 11 emission control
related subsystems by performing either continuous or periodic
functional tests of specific components and vehicle conditions. The
first three testing categories--misfire, fuel trim, and comprehensive
components--are continuous, while the remaining eight only run after a
certain set of conditions has been met. The algorithms for running
these eight periodic monitors are unique to each manufacturer and
involve such things as ambient temperature as well as driving
conditions. Most vehicles will have at least five of the eight
remaining monitors (catalyst, evaporative system, oxygen sensor, heated
oxygen sensor, and exhaust gas recirculation or EGR system) while the
remaining three (air conditioning, secondary air, and heated catalyst)
are not necessarily applicable to all vehicles. When a vehicle is
scanned at an OBD-I/M test site, these monitors can appear as either
``ready'' (meaning the monitor in question has been evaluated), ``not
ready'' (meaning the monitor has not yet been evaluated), or ``not
applicable'' (meaning the vehicle is not equipped with the component
monitor in question).
The OBD system is also designed to fully evaluate the vehicle
emissions control system. If the OBD system detects a problem that may
cause vehicle emissions to exceed 1.5 times the Federal Test Procedure
standards, then the Malfunction Indicator Light (MIL) is illuminated.
By turning on the MIL, the OBD system notifies the vehicle operator
that an emission-related fault has been detected, and the vehicle
should be repaired as soon as possible thus reducing the harmful
emissions contributed by that vehicle.
EPA's revised OBD I/M rule applies to only those areas that are
required to implement I/M programs under the CAA, which include the
NYMA and certain counties in Upstate New York. This rule established a
deadline of January 1, 2002 for states to begin performing OBD checks
on 1996 and newer model OBD-equipped vehicles and to require repairs to
be performed on those vehicles with malfunctions identified by the OBD
check.
On May 7, 2001 (66 FR 22922), EPA fully approved New York's
enhanced I/M program as it applies to NYMA and included the State's
performance standard modeling as meeting the applicable requirements of
the CAA. The OBD component of that program was not being implemented at
that time
[[Page 57698]]
and therefore was not approved by EPA as satisfying a fully operational
OBD program.
However, on February 21, 2007 (72 FR 7826) EPA fully approved a
revision to New York's SIP that incorporates OBD system requirements in
the NYMA and the 53 counties located in upstate New York, therefore
making OBD a statewide requirement. The reader is referred to that
rulemaking action for a more detailed discussion on New York's OBD
program.
III. What was included in New York's proposed SIP submittal?
After completing the appropriate public notice and comment
procedures, on July 10, 2009, the New York State Department of
Environmental Conservation (NYSDEC) submitted to EPA a proposed SIP
revision that includes changes to the New York State enhanced I/M
program. The changes include a proposal to end tailpipe testing through
the New York Transient Emissions Short Test (NYTEST) I/M program on
December 31, 2010. The proposed revision also includes a reduction in
the percentage of emissions test waivers allowed within NYMA to 2%
(from 3%) beginning in calendar year 2008. The SIP revision includes
MOBILE6 vehicle emission modeling software (MOBILE6) demonstration for
the high enhanced I/M performance standard.
On February 15, 2011, NYSDEC made a supplemental SIP submittal to
EPA which included recent revisions to Title 6 of the New York Codes,
Rules and Regulations (NYCRR), Part 217, ``Motor Vehicle Emissions,''
and the New York State Department of Motor Vehicles (NYSDMV) regulation
found at Title 15 NYCRR Part 79, ``Motor Vehicle Inspection.'' New York
adopted these rule revisions to end the NYTEST I/M program. This
submittal was also subject to public notice and comment.
IV. What are the I/M performance standard requirements and does New
York's I/M program satisfy them?
Table 1 below compares New York's existing NYMA I/M program
requirements, which includes both the New York Vehicle Inspection
Program (NYVIP) and NYTEST programs, to a future design after the
NYTEST tailpipe testing program ends (``Post-NYTEST'').
Table 1
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Vehicle type current NYMA I/ (NYVIP and NYTEST
M Programs) Post-NYTEST
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Non-electric and non-diesel Emissions Test Type: Emissions Test Type:
light-duty vehicles (<8,501 NYVIP OBD II. NYVIP OBD II
lbs. GVWR), MYs 1996 to 2 ECD Checks for ECD Checks for
MYs old. Weight Code 1: air Weight Code 1: air
pump, fuel inlet pump, fuel inlet
restrictor, EGR, restrictor, EGR,
PCV, TAC, CAT, EVAP PCV, TAC, CAT, EVAP
system disablement. system disablement.
Gas Cap: Cap Gas Cap: Cap
Presence Only. Presence Only.
Non-electric and non-diesel Emissions Test Type: Emissions Test Type:
light-duty vehicles (<8,501 NYTEST Transient. Low Enhanced:
lbs. GVWR), 25 MYs old to ECD Checks for ECD Checks for
MY 1995. Weight Code 1: air Weight Code 1: air
pump, fuel inlet pump, fuel inlet
restrictor, EGR, restrictor, EGR,
PCV, TAC, CAT, EVAP PCV, TAC, CAT, EVAP
system disablement. system disablement.
Gas Cap: NYTEST Gas Cap: Cap
Pressure Test. Presence only.
Non-electric and non-diesel Emissions Test Type: Emissions Test Type:
medium- and heavy-duty NYTEST Idle. Low Enhanced:
vehicles (8,501-<18,001 ECD Checks for ECD Checks for
lbs. GVWR), 25 MYs old to Weight Codes 2 and Weight Codes 2 and
older than 2MYs (DMV Weight 3: air pump, fuel 3: air pump, fuel
Codes 2, 3). inlet restrictor, inlet restrictor,
EGR, PCV, TAC, CAT, EGR, PCV, TAC, CAT,
EVAP system EVAP system
disablement.. disablement.
Gas Cap: NYTEST Gas Cap: Cap
Pressure Test. Presence only.
Non-electric and non-diesel Emissions Test Type: Safety only (NYVIP)
medium- and heavy-duty NYTEST Idle. (No emissions, ECD,
vehicles (>18,000 lbs. ECD Checks for or gas cap checks).
GVWR), 25 MYs old to older Weight Code 4: air
than 2MYs (DMV Weight Code pump, fuel inlet
4). restrictor, EGR,
PCV, TAC, CAT, EVAP
system disablement.
Gas Cap: NYTEST
Pressure Test.
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Note: The reader is referred to the following NYSDEC Web site for a list
of Acronyms and Abbreviations: http://www.dec.ny.gov/chemical/53288.html.
I/M programs are designed and implemented to meet or exceed an
applicable minimum Federal performance standard. EPA's performance
standards were derived from MOBILE6 utilizing ``model'' inputs and
local characteristics (i.e., vehicle mix, fuel controls). Performance
standards are expressed as emissions levels, in area-wide average grams
per mile (gpm) values, resulting from the I/M program. More
conventionally, performance standards are expressed as emission
reductions, as compared to a no I/M scenario. The NYSDEC determined
EPA's high enhanced performance standard (HEPS) by utilizing the
``model'' inputs contained under 40 CFR 51.351(f)(1) through (f)(13).
While I/M jurisdictions are allowed to adopt alternate design features
other than EPA's ``model'' inputs, compliance with the applicable
performance standard must be demonstrated for the pollutant(s) that
established I/M requirements.
NYSDEC proposed changes that differ from the initial 1996 NYMA
demonstration. These modifications will affect a revised NYMA HEPS
demonstration as follows:
-- Emissions test type changes to reflect the end of NYTEST tailpipe
testing (see Table above);
-- New York estimated, and included a justification that the NYVIP OBD-
based I/M program is as effective as a centralized test-only
network.\1\ The previously approved NYTEST network effectiveness of
88%, 84%, and 86% for hydrocarbons, carbon monoxide and oxides of
nitrogen, respectively, are no longer applicable to the NYVIP program;
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\1\ New York identified four general program enhancements to
serve as the basis for claiming 100% test-and-repair credit for
NYVIP; Program Manager Network Design, System Integrity/Enhanced
Enforcement, Training/Certification, and Inspector and Motorist
Information.
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-- New York evaluated, and included a justification for using MOBILE6
national default values for annual vehicle mileage accumulations rather
than using local inputs derived from the outdated Nationwide Personal
Transportation Survey (NPTS, 1995), as was previously used in the 1996
and 2006 I/M SIPs;
-- A commitment to increase the stringency of the NYMA waiver rate to
2% beginning in 2008, as opposed
[[Page 57699]]
to a 3% waiver rate claimed within the 1996 SIP.
-- Of note, MOBILE5 previously allowed for partial repair technician
training credit. New York previously claimed 50% repair technician
credit within the 1996 SIP revision for the NYSDMV sponsored automotive
technician training program. MOBILE6 does not allow for partial repair
technician training, therefore no additional credit is assumed within
this modeling effort.
With each new calendar year (beginning January 1), a greater
percentage of NYMA vehicles will receive OBD II inspections through
NYVIP I/M while the percentage of NYTEST inspections will decrease due
to the 25 model year extension and escalated vehicle turnover (compared
to newer NYVIP vehicles). To determine the date that a NYVIP only based
I/M program complies with EPA's HEPS (i.e., following the end of the
NYTEST tailpipe emissions testing), NYSDEC completed a multi-year
modeling analysis employing the following general inputs:
Network Type: decentralized test-and -repair.
NYVIP NYMA Start Date: 2006.
Test Frequency: annual.
Test-and-Repair Effectiveness: 100%.
Vehicle Types: LDV, LDT1, LDT2, LDT3, LDT4.
Visual Inspection Tests: air pump, catalyst, fuel inlet restrictor,
EGR, evaporative disablement, PCV, and missing gas cap.
Applicable model years: model years 25 and newer.
Emissions Test Types: OBD: I/M & Evap.
Waiver Rate: 2% (beginning in CY 2008).
Compliance Rate: 98%.
OBD Exemption Ages: LDVs older than model year 1996, 2 newest model
years.
Pre-81 Stringency: N/A.
Repair Technician Training: 0% credit.
NYMA I/M benefits were estimated using the MOBILE6 emission model
and individual inputs for each county in the NYMA nonattainment area.
Daily Vehicle Miles Traveled (DVMT) inventory was constructed by the
New York State Department of Transportation (NYSDOT) to provide DVMT
estimates by county, geographic component (urban, small urban, and
rural) and functional class. This resulting vehicle miles traveled
(VMT) by county and by functional class is then multiplied by a
seasonal adjustment factor to account for seasonal differences. This
seasonal adjustment factor, which appropriately takes into account
hourly temperature, relative humidity data and other factors, is also
supplied by the NYSDOT.
The vehicle mix for each of the 11 NYSDOT regions in New York State
are used to produce VMT by vehicle type. There are 28 fuel and weight
based categories employed by MOBILE6. The main objective was to create
a separate, distinct (where justified) vehicle mix for each of the
twelve roadway types in the Federal Highway Administration (FHWA)
classification scheme. However, an hourly VMT was input to the model
using the VMT BY HOUR command and was used in the computation of the
composite daily emission factor. The local data were obtained through
analyses conducted by NYSDOT.
The vehicle distributions used in MOBILE6 were obtained from the
New York State Department of Motor Vehicles (NYSDMV) registration
database for the current year at the beginning of July. Each record was
sorted into the 28 vehicle types by county.
NYSDEC's MOBILE6 modeling demonstration estimated volatile organic
compound (VOC) and oxides of nitrogen (NOX) reductions for a
NYVIP-only program in NYMA against EPA's HEPS. Modeling comparisons
were completed for the 2009, 2010, and 2011 ozone seasons. The HEPS
evaluation included the 0.02 gpm emission level margin
provided by 40 CFR 51.351(f)(13). While MOBILE6 reports gpm emission
levels to the thousandths place, the calculated differences between the
future NYVIP program and HEPS were rounded to the hundredths place to
reflect the 0.02 gpm margin. Carbon Monoxide (CO)
reductions are included for demonstration purposes. The summary of New
York's multi-year modeling evaluation is provided below in Table 2.
Table 2--NYVIP-Only High Enhanced I/M Performance Standard Comparison Future Ozone Seasons
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VMT
(1,000's) VOC (gpm) CO (gpm) NOX (gpm)
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2009................................ EPA's HEPS............ 212,776.18 0.576 5.149 0.842
Target NYVIP.......... '' 0.606 5.446 0.857
Difference............ ........... (0.03) (0.30) (0.02)
Is it within the 0.02 ........... No No Yes.
gpm margin?.
2010................................ EPA's HEPS............ 216,180.83 0.520 4.807 0.750
Target NYVIP.......... '' 0.547 5.072 0.766
Difference............ ........... (0.03) (0.27) (0.02)
Is it within the 0.02 ........... No No Yes.
gpm margin?.
2011................................ EPA's HEPS............ 219,585.48 0.474 4.526 0.670
Target NYVIP.......... '' 0.495 4.739 0.684
Difference............ ........... (0.02) (0.21) (0.01)
Is it within the 0.02 ........... Yes No Yes.
gpm margin?.
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As Table 2 indicates, the NYVIP I/M program alone cannot meet EPA's
HEPS in either the 2009 or 2010 ozone seasons (June 1-September 30),
but does meet EPA's HEPS for the 2011 ozone season (i.e., prior to June
1). NYSDEC proposed that tailpipe testing be discontinued on December
31, 2010. NYSDEC believed this was the best date between the 2010 and
2011 ozone seasons to implement regulatory and inspection software
based changes.
EPA's Evaluation
EPA has reviewed NYSDEC's proposed changes to its enhanced I/M
program that differ from the previous Federally approved program and
has determined that those changes satisfy the high enhanced performance
standard, by utilizing the ``model'' inputs contained under 40 CFR
51.351(f)(1) through (f)(13), and are therefore approvable into the
SIP. EPA will continue to evaluate the New York enhanced I/M program
effectiveness through the annual and biennial reports submitted by the
NYSDEC in accordance with 40 CFR 51.366, ``Data Analysis and
Reporting.''
[[Page 57700]]
V. Does New York demonstrate noninterference with attainment and
maintenance under Section 110(l) of the CAA?
Revisions to SIP-approved control measures must meet the
requirements of CAA section 110(l) to be approved by EPA. Section
110(l) states: `` * * * The Administrator shall not approve a revision
of a plan if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in section 171), or any other applicable requirement of this
Act.''
EPA interprets section 110(l) to apply to all requirements of the
CAA and to all areas of the country, whether attainment, nonattainment,
unclassifiable, or maintenance for one or more of the six criteria
pollutants. EPA also interprets section 110(l) to require a
demonstration addressing all pollutants whose emissions and/or ambient
concentrations may change as a result of the SIP revision. Thus, for
example, modification of a SIP-approved measure may impact
NOX emissions, may also impact PM2.5 emissions,
and this would have to be evaluated. The scope and rigor of an adequate
section 110(l) demonstration of noninterference depends on the air
quality status of the area, the potential impact of the revision on air
quality, the pollutant(s) affected, and the nature of the applicable
CAA requirements.
It is important to note, aside from ozone, the NYMA is attaining
the NAAQS for all of the other criteria pollutants, including
PM2.5 and carbon monoxide. There are two SIPs where I/M has
been included as an emission reduction control measure, the 1-hour and
8-hour ozone SIPs. For the 8-hour ozone SIP, New York included in the
attainment demonstration the proposed I/M program as discussed in this
action, so no further evaluation is needed.
For the 1-hour ozone SIP, NYSDEC discusses the ``anti-backsliding''
provisions within the Rate of Progress/Reasonable Further Progress
Demonstration discussion of its I/M SIP submittal. Since the NYTEST
program is part of the 1-hour ozone SIP for the NYMA, NYSDEC must, in
accordance with CAA section 181(b)(4), continue to meet the reasonable
further progress requirements of CAA section 182(b)(1). In other words,
NYSDEC needs to ``make up'' for any decrease in projected emission
reductions, as indicated in Table 3, that will occur as a result of the
changes being made to the I/M program through the application of
programs not already included in the 1-hour ozone SIP.
Table 3--NYVIP-Only High Enhanced I/M Performance Standard Comparison
2011 Ozone Season
[In tons per day (tpd)]
------------------------------------------------------------------------
VMT
(1,000's) VOC (tpd) NOX (tpd)
------------------------------------------------------------------------
2011 EPA HEPS................. 219,585.48 114.49 161.83
Target NYVIP............. '' 119.56 165.22
Difference/Shortfall..... ........... (5.07) (3.39)
------------------------------------------------------------------------
In its submittal, NYSDEC noted it had or was planning to adopt
revisions to its regulations (6 NYCRR Parts 228, 235, 241 and 243) that
would more than make up this difference.
As part of the NYMA ozone attainment demonstration SIP, NYSDEC has
estimated the emission reductions that will result from each of these
control measures. The expected reductions in 2011 are identified below
in Table 4.
Table 4
----------------------------------------------------------------------------------------------------------------
State effective Reduction in
Regulation Rule name date Pollutant 2011 (tpd)
----------------------------------------------------------------------------------------------------------------
Part 228............................ Adhesives and Sealants. 9/30/10 VOC 6.08
Part 235............................ Consumer Products...... 10/15/09 VOC 16.73
Part 241............................ Asphalt Paving......... 1/1/11 VOC 2.45
Part 243............................ Clean Air Intrastate 5/6/10 NOX 8.7
Rule (CAIR).
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As a result of this analysis, it can be concluded that the adoption
of either the Consumer Products or Adhesives and Sealants provisions
(when compared to the Table 3 shortfall emission reductions) are all
that is needed in VOC reductions to prevent ``backsliding'' under the
1-hour ozone SIP, and the adopted CAIR provisions alone make up the
necessary NOX reductions.\2\ New York has adopted all of
these rules with the respective State effective dates identified.
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\2\ On July 6, 2011, EPA issued the Cross-State Air Pollution
Rule (CSAPR) to replace the CAIR rule, which was vacated and then
remanded to the EPA in 2008, see http://www.epa.gov/airtransport/. A
December 2008 court decision kept the requirements of CAIR in place
temporarily, but directed EPA to issue a new rule to implement the
CAA requirements concerning the transport of air pollution across
state boundaries. This CSAPR is designed to implement these CAA
requirements and respond to the court's concerns. The CSAPR takes
effect January 1, 2012; CAIR will be implemented through the 2011
compliance periods, and then replaced by the CSAPR.
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New York has demonstrated that the changes to its enhanced I/M
program will meet the performance standard requirements and will
therefore continue to achieve emission reductions necessary to attain
and maintain the NAAQS for all criteria pollutants. EPA proposes to
find that New York has satisfied the section 110(l) of the CAA
demonstration of noninterference.
VI. What are EPA's conclusions?
EPA's review of the materials submitted indicates that New York has
revised its I/M program in accordance with the requirements of the CAA,
40 CFR part 51 and all of EPA's technical requirements for an
approvable enhanced I/M program. EPA is proposing to approve the
revisions to the Title 6, New York Codes, Rules and Regulations
(NYCRR), Part 217, ``Motor Vehicle Emissions,'' Subparts 217-1, 217-4
and the adoption of new Subpart 217-6, as effective on December 5,
2010,
[[Page 57701]]
and the New York State Department of Motor Vehicles (NYSDMV) regulation
Title 15 NYCRR Part 79 ``Motor Vehicle Inspection,'' Sections 79.1-
79.15, 79.17, 79.20, 79.21, 79.24, 79.25, as effective on December 29,
2010, which incorporate the State's motor vehicle I/M program
requirements. The CAA gives states the discretion in program planning
to implement programs of the state's choosing as long as necessary
emission reductions are met. EPA is also proposing to approve New
York's performance standard modeling demonstration, which reflects the
State's I/M program as it is currently implemented in the NYMA as well
as throughout New York State.
VII. Statutory and Executive Order Reviews
Under the CAA, 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this 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 CAA; 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 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, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 6, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-23855 Filed 9-15-11; 8:45 am]
BILLING CODE 6560-50-P
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