[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Rules and Regulations]
[Pages 4773-4775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1630]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. R02-OAR-2004-NY-0002, FRL-7851-1]
Approval and Promulgation of Implementation Plans; New York; Low
Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency is approving a New York
State State Implementation Plan (SIP) revision to revise its existing
low emission vehicle (LEV) program. The State's revision adopts
California's second generation low emission vehicle program for light-
duty vehicles (LEV II). New York has revised its LEV rule to include a
non-methane hydrocarbon standard and various administrative and
grammatical changes to make its existing LEV rule identical to
California's LEV II program. The intended effect of this rulemaking is
to approve a control strategy which will result in emissions reductions
that will help achieve attainment of national ambient air quality
standards for ozone.
DATES: Effective Date: This rule will be effective March 2, 2005.
ADDRESSES: Copies of the state submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866.
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW., Washington,
DC 20460.
New York State Department of Environmental Conservation, Office of Air
and Waste Management, 14th Floor, 625 Broadway, Albany, New York 12233-
1010.
FOR FURTHER INFORMATION CONTACT: David Risley, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4249 or [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Description of the SIP Revision
[[Page 4774]]
II. Public Comments on the Proposed Action
III. Final EPA Action
IV. Administrative Requirements
I. Description of the SIP Revision
In 1994, New York requested EPA to revise its SIP to include a LEV
program. EPA approved that SIP revision on January 6, 1995 (60 FR
2022). At the time, New York's LEV program was identical to
California's first-generation LEV program. More recently, New York has
updated its LEV program to be identical to California's LEV II program.
New York has adopted California's LEV II program by reference in the
New York State Code of Rules and Regulations part 218, ``Emission
Standards for Motor Vehicles and Motor Vehicle Engines.''
New York has requested that EPA take action on its revised LEV
program. EPA has already approved the emissions reduction credits from
the revised LEV program as part of our approval of New York's
attainment demonstration SIP revision on February 4, 2002 (67 FR 5170).
In the current SIP revision, New York requested Federal approval of the
LEV program regulation. EPA's approval of New York's LEV program makes
it Federally-enforceable, further ensuring that planned emissions
reductions will continue to take place. For further information on the
specifics of New York's LEV program see the September 24, 2004 Notice
of Proposed Rulemaking (69 FR 57241).
II. Public Comments on the Proposed Action
No comments were received on the Notice of Proposed Rulemaking,
published in the September 24, 2004 Federal Register (69 FR 57241).
III. Final EPA Action
EPA is approving the light-duty portion of New York's LEV program,
which is identical to California's LEV II program. The LEV program that
EPA is approving is contained in title 6, part 218, subparts 218-1,
218-2, 218-3, 218-5, 218-6, 218-7 and 218-8 of the Official Compilation
of Codes, Rules and Regulations of the State of New York. Approval of
New York's LEV program further ensures that planned emissions
reductions attributable to this program will be achieved. These
reductions are necessary for New York to achieve its clean air goals,
as detailed in the State's 1-hour ozone attainment demonstration SIP.
The updated program was filed on November 28, 2000 and adopted on
December 28, 2000, as noticed in the New York State Register.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 1, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: November 23, 2004.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 4775]]
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
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2. Section 52.1670 is amended by adding new paragraph (c)(107) to read
as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
* * * * *
(107) Revisions to the State Implementation Plan submitted on
December 9, 2002, by the New York State Department of Environmental
Conservation which consists of the adoption of California's second
generation Low Emissions Vehicle (LEV) program.
(i) Incorporation by reference.
(A) Regulation part 218 ``Emissions Standards for Motor Vehicles
and Motor Vehicle Engines'' of Title 6 of the Official Compilation of
Codes, Rules and Regulations of the State of New York (6NYCRR), part
218, subparts 218-1, 218-2, 218-3, 218-5, 218-6, 218-7 and 218-8 filed
on November 28, 2000 and effective on December 28, 2000.
0
3. Section 52.1679 is amended by revising the entry for part 218 under
title 6 to read as follows:
Sec. 52.1679 EPA-approved New York State regulations.
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State
New York State regulation effective Latest EPA approval date Comments
date
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Title 6
* * * * * * *
Part 218, Emission Standards for Motor .............. .............................. EPA's approval of part
Vehicles and Motor Vehicle Engines: 218 only applies to
light-duty vehicles.
Subpart 218-1: Applicability and 12/28/00 1/31/05, [insert FR citation
Definitions. of this document].
Subpart 218-2: Certification and 12/28/00 1/31/05, [insert FR citation
Prohibitions. of this document].
Subpart 218-3: Fleet Average...... 12/28/00 1/31/05, [insert FR citation
of this document].
Subpart 218-4: Zero Emissions 5/28/92 1/6/95, 60 FR 2025.
Vehicle Sales Mandate.
Subpart 218-5: Testing............ 12/28/00 1/31/05, [insert FR citation
of this document].
Subpart 218-6: Surveillance....... 12/28/00 1/31/05, [insert FR citation
of this document].
Subpart 218-7: Aftermarket Parts.. 12/28/00 1/31/05, [insert FR citation
of this document].
Subpart 218-8: Severability....... 12/28/00 1/31/05, [insert FR citation
of this document].
* * * * * * *
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[FR Doc. 05-1630 Filed 1-28-05; 8:45 am]
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