Federal Register: August 17, 2004 (Volume 69, Number 158)
DOCID: FR Doc 04-18724
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing and Urban Development Department
Docket ID: [Docket No. FR-4912-N-10]
ACTION: Environmental statements; availability, etc.:
DOCUMENT ACTION: Notice of availability.
Air Quality Conformity Determination for the World Trade Center Memorial and Redevelopment Plan, City of New York, New York County, NY
In accordance with the Federal Conformity Rule, the Lower Manhattan Development Corporation (LMDC) has reviewed the air quality analysis conducted for the World Trade Center Memorial and Redevelopment Plan (the Selected Project pursuant to the June 2004 Record of Decision and Lead Agency Findings Statement under the National Environmental Policy Act and New York State Environmental Quality Review Act). LMDC is a subsidiary of the New York State Urban Development Corporation d/b/a Empire State Development Corporation (a political subdivision and public benefit corporation of the State of New York) and, as the recipient of HUD Community Development Block Grant funds appropriated for the World Trade Center disaster recovery and rebuilding efforts, acts as the responsible entity for compliance with the National Environmental Policy Act and the Clean Air Act, 42 U.S.C. 7401 et seq. [particularly sections 7506(c) and (d)] in accordance with 24 CFR 58.4 and 58.5. LMDC released its Record of Decision and Lead Agency Findings Statement for the Selected Project on June 2, 2004, which includes responses to comments received on the Final Generic Environmental Impact Statement that was subject to public comment from April 16, 2004, through May 24, 2004.
The Selected Project is located in Lower Manhattan, New York
County, which has been designated by the United States Environmental
Protection Agency (EPA) as a moderate nonattainment area for
particulate matter less than 10 micrometers in aerodynamic diameter
Pursuant to the requirements of 40 CFR 93.156(b), the Draft Conformity Determination: World Trade Center Memorial and Redevelopment Plan were made available for public review beginning May 7, 2004. Notice of the draft determination was published in the New York Post on May 7, 2004, and copies of the draft determination were delivered to all applicable agencies pursuant to 40 CFR 93.155 that same day. In addition, the notice of availability of the draft determination and the proposed list of activities of the federallyfunded portions of the Selected Project that are presumed to conform was published in the Federal Register on May 12, 2004 (69 FR 26403). One comment letter on the draft conformity determination was received by LMDC.
As per the requirement in 40 CFR 93.153(h)(4), this notice lists the
activities that are presumed to conform and the basis for these presumptions. A comprehensive presentation of the bases for the conformity presumptions is included in the report entitled ``Final Conformity Determination: World Trade Center Memorial and Redevelopment Plan.'' The Final Conformity Determination also includes a summary of all comments received through the end of the comment period.
World Trade Center Memorial and Redevelopment Plan, Manhattan, New York, NY,
The Selected Project involves the construction of a World Trade Center Memorial and memorialrelated improvements, as well as commercial, retail, museum and cultural facilities, new open space areas, new street configurations, and certain infrastructure improvements at the World Trade Center Site (WTC Site) bounded by Liberty, Church, and Vesey Streets and Route 9A and the Southern Site, which comprises two city blocks south of the WTC Site and portions of Liberty Street and Washington Street. As documented in the Final Conformity Determination, the federallyfunded portions of the Selected Project might include portions of the following uses: (a) Cultural uses in the northwest and southwest quadrants of the WTC Site; (b) the Memorial; (c) open spaces; (d) deconstruction of the building at 130 Liberty Street (Deutsche Bank); and (e) subgrade construction at the Southern Site.
The Clean Air Act (CAA), as amended in 1990, defines a non
attainment area (NAA) as a geographic region that has been designated
as not meeting one or more of the National Ambient Air Quality
Standards (NAAQS). The Selected Project is located in Lower Manhattan,
New York County, which has been designated by the EPA as a moderate NAA
of the NAAQS for PM
A State Implementation Plan (SIP) is a State's plan on how it will meet the NAAQS under the deadlines established by the CAA. In November 1998, New York State submitted its Phase II Alternative Attainment Demonstration for Ozone, which addressed attainment of the NAAQS by 2007, and has recently submitted revisions to the SIP for the attainment of the onehour ozone NAAQS. These SIP revisions included additional emission reductions that EPA requested to demonstrate attainment of the standard and also update the SIP estimates using a new EPA model to predict mobile source emissions (MOBILE6).
The general conformity requirements in 40 CFR part 93, subpart B,
apply to those Federal actions that are located in a nonattainment or
maintenance area, and that are not subject to transportation conformity
requirements at 40 CFR part 51, subpart T, or part 93, subpart A, where
the action's direct and indirect emissions have the potential to emit
one or more of the six criteria pollutants (or precursors, in the case
of ozone) at emission rates equal to or exceeding the prescribed rates
at 40 CFR 93.153(b), or where the action encompasses 10 percent or more
of a NAA or maintenance area's total emissions inventory for that
pollutant. In the case of New York City, the prescribed annual rates
are 25 tons of VOCs or NO
LMDC, as the recipient of HUD Community Development Block Grant
Funds, has determined that the total annual direct and indirect
emissions of CO, VOCs and PM
The purpose of the conformity analysis is to establish that the
federallyfunded portions of the Selected Project would conform to the
New York ozone SIP, thereby demonstrating that total direct and
indirect emissions of the ozone precursors, NO
1. A demonstration of reasonably further progress (RFP),
2. A demonstration of attainment, or
3. A maintenance plan.
For the purposes of a general conformity determination, direct and indirect emissions are defined as follows (40 CFR 93.152):
1. Are caused by the Federal action, but may occur later in time and/or may be further removed in distance from the action itself but are still reasonably foreseeable; and
2. The Federal agency can practicably control and will maintain control over due to a continuing program responsibility of the Federal agency.
LMDC has concluded that the pollutants of concern regarding the
ozone SIP conformity are the ozone precursors: NO
transportation Best Practices model and in the regional
Transportation Improvement Program (TIP).
C. Presumption of Conformity
LMDC has reviewed the air quality analysis conducted for the Selected Project consistent with the requirement of 40 CFR part 93, ``Determining Conformity of General Federal Actions to State or Federal Implementation Plans (SIP).''
LMDC has determined that maximum predicted direct and indirect
emissions of CO and PM
The Selected Project would be located in an area designated as a
severe ozone nonattainment area under the 1hour average ozone NAAQS.
The direct and indirect emissions during construction of the federally
funded portions of the Selected Project were predicted to exceed the
prescribed level for severe ozone nonattainment areas (25 tons per
year of NO
2004 2005 2006 2007 2008 20092013 NOX........................................ 4.2 61.4 39.6 19.2 16.1 None. VOCs....................................... 0.4 6.2 3.6 1.5 1.3 None.
Based on these determinations, the federallyfunded portions of the Selected Project are presumed to conform to the applicable SIPs for the project area. The activities that are presumed to conform include constructionrelated activities of the portions of the Selected Project that may be federallyfunded.
Questions may be directed to the individual named above under the heading FOR FURTHER INFORMATION CONTACT.
Dated: August 9, 2004.
Nelson R. Bregon,
General Deputy Assistant Secretary for Community Planning and Development.
[FR Doc. 0418724 Filed 81604; 8:45 am]
BILLING CODE 421029P
FOR FURTHER INFORMATION CONTACT
Further information and a copy of the
Final Conformity Determination may be obtained by contacting: William
H. Kelley, Planning Project Manager, Lower Manhattan Development
Corporation, One Liberty Plaza, 20th Floor, New York, NY 10006; Telephone: (212) 9622300; Fax: (212) 9622431; Email:
email@example.com. The Final Conformity Determination is also available on the LMDC Web site at http://www.RenewNYC.com in the ``Planning, Design & Development'' section.