

[Federal Register: July 25, 2007 (Volume 72, Number 142)]
[Rules and Regulations]               
[Page 40746-40749]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy07-7]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0174; FRL-8445-6]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Attainment Determination, Redesignation of the Franklin 
County Ozone Nonattainment Area to Attainment and Approval of the 
Area's Maintenance Plan and 2002 Base-Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a redesignation request and State 
Implementation Plan (SIP) revisions submitted by the Commonwealth of 
Pennsylvania. The Pennsylvania Department of Environmental Protection 
(PADEP) is requesting that the Franklin County nonattainment area 
(``Franklin County Area'' or ``Area'') be redesignated as attainment 
for the 8-hour ozone national ambient air quality standard (NAAQS). In 
conjunction with its redesignation request, the PADEP submitted SIP 
revisions consisting of a maintenance plan for the Franklin County Area 
that provides for continued attainment of the 8-hour ozone NAAQS for at 
least 10 years after redesignation. EPA is approving the 8-hour 
maintenance plan. PADEP also submitted a 2002 base-year inventory for 
the Franklin County Area which EPA is approving. In addition, EPA is 
approving the adequacy determination for the motor vehicle emission 
budgets (MVEBs) that are identified in the Franklin County Area 
maintenance plan for purposes of transportation conformity, and is 
approving those MVEBs. EPA is approving the redesignation request, and 
the maintenance plan, and the 2002 base-year emissions inventory as 
revisions to the Pennsylvania SIP in accordance with the requirements 
of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on July 25, 2007 
pursuant to the authority of 5 U.S.C. 553(d)(1).

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0174. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 

electronic docket, some information is not publicly available, i.e., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov
 or in hard copy for public inspection during normal 

business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the State submittal are available at the 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or 
by e-mail at cripps.christopher@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 30, 2007 (72 FR 29914), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed 
approval of Pennsylvania's redesignation request, a SIP revision that 
establishes a maintenance plan for the Franklin County Area that 
provides for continued attainment of the 8-hour ozone NAAQS for at 
least 10 years after redesignation, and a 2002 base-year emissions 
inventory. The formal SIP revisions were submitted by PADEP on December 
14, 2006. Other specific requirements of Pennsylvania's redesignation 
request and SIP revision for the maintenance plan, and the rationale 
for EPA's proposed actions are explained in the NPR and will not be 
restated here. No public comments were received on the NPR.
    On December 22, 2006, the U.S. Court of Appeals for the District of 
Columbia Circuit vacated EPA's Phase 1 Implementation Rule for the 8-
hour Ozone Standard. (69 FR 23951, April 30, 2004). South Coast Air 
Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). On June 
8, 2007, in South Coast Air Quality Management Dist. v. EPA, Docket No. 
04-1201, in response to several petitions for rehearing, the DC Circuit 
clarified that the Phase 1 Rule was vacated only with regard to those 
parts of the rule that had been successfully challenged. Therefore, the 
Phase 1 Rule provisions related to classifications for areas currently 
classified under subpart 2 of Title I, part D of the Act as 8-hour 
nonattainment areas, the 8-hour attainment dates, and the timing for 
emissions reductions needed for attainment of the 8-hour

[[Page 40747]]

ozone NAAQS remain effective. The June 8 decision left intact the 
Court's rejection of EPA's reasons for implementing the 8-hour standard 
in certain nonattainment areas under subpart 1 in lieu of subpart 2. By 
limiting the vacatur, the Court let stand EPA's revocation of the 1-
hour standard and those anti-backsliding provisions of the Phase 1 Rule 
that had not been successfully challenged. The June 8 decision 
reaffirmed the December 22, 2006 decision that EPA had improperly 
failed to retain four measures required for 1-hour nonattainment areas 
under the anti-backsliding provisions of the regulations: (1) 
Nonattainment area nonattainment New Source Review (NSR) requirements 
based on an area's 1-hour nonattainment classification; (2) Section 185 
penalty fees for 1-hour severe or extreme nonattainment areas; and (3) 
measures to be implemented pursuant to section 172(c)(9) or 182(c)(9) 
of the Act, on the contingency of an area not making reasonable further 
progress toward attainment of the 1-hour NAAQS, or for failure to 
attain that NAAQS. In addition the June 8 decision clarified that the 
Court's reference to conformity requirements for anti-backsliding 
purposes was limited to requiring the continued use of 1-hour motor 
vehicle emissions budgets until 8-hour budgets were available for 8-
hour conformity determinations, which is already required under EPA's 
conformity regulations. The Court thus clarified that 1-hour conformity 
determinations are not required for anti-backsliding purposes.
    For the reasons set forth in the May 30, 2007 (72 FR 29914) 
proposed rulemaking, EPA does not believe that the Court's rulings 
alter any requirements relevant to this redesignation action so as to 
preclude redesignation, and do not prevent EPA from finalizing this 
redesignation. EPA believes that the Court's December 22, 2006 and June 
8, 2007 decisions impose no impediment to moving forward with the 
redesignation of the Franklin County Area to attainment, because even 
in light of the Court's decisions, redesignation is appropriate under 
the relevant redesignation provisions of the Act and longstanding 
policies regarding redesignation requests.
    In the May 30, 2007 (72 FR 29914) proposed rulemaking, EPA proposed 
to find that the Franklin County Area had satisfied the requirements 
under the 1-hour standard whether the 1-hour standard was deemed to be 
reinstated or whether the Court's decision on the petition for 
rehearing was modified to require something less than compliance with 
all applicable 1-hour requirements. Because EPA proposed to find that 
the Franklin County Area satisfied the requirements under either 
scenario, EPA is proceeding to finalize the redesignation and to 
conclude that the Franklin County Area met the requirements under the 
1-hour standard applicable for purposes of redesignation under the 8-
hour standard. These include the provisions of EPA's anti-backsliding 
rules, as well as the additional anti-backsliding provisions identified 
by the court in its rulings. In its June 8, 2007 decision the Court 
limited its vacatur so as to uphold those provisions of the anti-
backsliding requirements that were not successfully challenged. 
Therefore, EPA finds that the Franklin County Area has met the anti-
backsliding requirements, see 40 CFR 51.900 et seq.; 70 FR 30592, 30604 
(May 26, 2005), which apply by virtue of the Franklin County Area's 
classification for the 1-hour ozone NAAQS, as well as the four 
additional anti-backsliding provisions identified by the Court, or 
alternatively, that such requirements are not applicable for purposes 
of redesignation. In addition, with respect to the requirement for 
transportation conformity under the 1-hour standard, the Court in its 
June 8 decision clarified that for those areas with 1-hour motor 
vehicle emissions budgets, anti-backsliding requires only that those 1-
hour budgets must be used for 8-hour conformity determinations until 
replaced by 8-hour budgets. To meet this requirement, conformity 
determinations in such areas must continue to comply with the 
applicable requirements of EPA's conformity regulations at 40 CFR Part 
93. The court clarified that 1-hour conformity determinations are not 
required for anti-backsliding purposes.

II. Final Actions

    EPA is approving the Commonwealth of Pennsylvania's redesignation 
request, maintenance plan, and the 2002 base-year emissions inventory 
because the requirements for approval have been satisfied. EPA has 
evaluated Pennsylvania's redesignation request that was submitted on 
December 14, 2006, and determined that it meets the redesignation 
criteria set forth in section 107(d)(3)(E) of the CAA. EPA believes 
that the redesignation request and monitoring data demonstrate that the 
Franklin County Area has attained the 8-hour ozone standard. The final 
approval of this redesignation request will change the designation of 
the Franklin County Area from nonattainment to attainment for the 8-
hour ozone standard. EPA is approving the maintenance plan for the 
Franklin County Area submitted on December 14, 2006 as a revision to 
the Pennsylvania SIP. EPA is also approving the MVEBs submitted by 
PADEP in conjunction with its redesignation request. In addition, EPA 
is approving the 2002 base-year emissions inventory submitted by PADEP 
on December 14, 2006 as a revision to the Pennsylvania SIP. In this 
final rulemaking, EPA is notifying the public that we have found that 
the MVEBs for nitrogen oxides (NOX) and volatile organic 
compounds (VOCs) in the Franklin County Area for the 8-hour ozone 
maintenance plan are adequate and approved for conformity purposes. As 
a result of our finding, the Franklin County Area must use the MVEBs 
from the submitted 8-hour ozone maintenance plan for future conformity 
determinations. The adequate and approved MVEBs are provided in the 
following table:

  Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
               (TPD)--Rounded Upward to One Decimal Place
------------------------------------------------------------------------
                      Budget year                         NOX      VOC
------------------------------------------------------------------------
2009..................................................     12.7      7.3
2018..................................................      6.7      5.1
------------------------------------------------------------------------

    With respect to the 1-hour ozone NAAQS, EPA has determined pursuant 
to section 181(b)(2) of the CAA that the Franklin County Area has 
attained the 1-hour NAAQS for ozone. On the basis of this 
determination, EPA is also determining that the following nonattainment 
area requirements of part D to Title 1 of the CAA are not applicable to 
the Franklin County Area for so long as it continues to attain the 1-
hour NAAQS for ozone: The requirements of section 172(c)(1) concerning 
the submission of the ozone attainment demonstration and reasonably 
available control measure requirements, the requirements of section 
172(c)(2) concerning reasonable further progress (RFP), and the 
requirements of section 172(c)(9) concerning contingency measures for 
RFP or attainment. If a violation of the 1-hour ozone NAAQS is 
monitored in the Franklin County 1-hour ozone nonattainment area, these 
determinations shall no longer apply.

III. Statutory and Executive Order Reviews

A. General 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

[[Page 40748]]

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. Redesignation of an area to attainment 
under section 107(d)(3)(e) of the Clean Air Act does not impose any new 
requirements on small entities. Redesignation is an action that affects 
the status of a geographical area and does not impose any new 
regulatory requirements on sources. 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 
(Pub. L. 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). Because this 
action affects the status of a geographical area, does not impose any 
new requirements on sources, or allows the state to avoid adopting or 
implementing other requirements, 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 requirement, 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 approves a state rule implementing a Federal 
standard.
    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. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new requirements on sources. 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.).

B. Submission to Congress and the Comptroller General

    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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    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 September 24, 2007. 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, approving the redesignation of the Franklin County 
Area to attainment for the 8-hour ozone NAAQS, the associated 
maintenance plan, the 2002 base-year emissions inventory, and the MVEBs 
identified in the maintenance plan, may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 18, 2007.
James W. Newsom,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

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 NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry for the 8-hour Ozone Maintenance Plan and the 2002 Base Year 
Emissions Inventory for the Franklin County, Pennsylvania Area at the 
end of the table to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable            State                               Additional
             revision                 geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan and  Franklin County Area        9/20/06,  7/25/07 [Insert
 2002 Base Year Emissions           (Franklin County).         11/08/06   page number where
 Inventory.                                                               the document
                                                                          begins].
----------------------------------------------------------------------------------------------------------------


[[Page 40749]]


0
3. Section 52.2037 is amended by adding paragraph (m) to read:


Sec.  52.2037  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (m) Determination--EPA has determined that, as of July 25, 2007, 
the Franklin County ozone nonattainment area has attained the 1-hour 
ozone standard and that the following requirements of section 172(c)(2) 
of the Clean Air Act do not apply to this area for so long as the area 
does not monitor any violations of the 1-hour ozone standard of 40 CFR 
50.9: the attainment demonstration and reasonably available control 
measure requirements of section 172(b)(1), the reasonable further 
progress requirement of section 172(b)(2), and the related contingency 
requirements of section 172(c)(9). If a violation of the 1-hour ozone 
NAAQS is monitored in the Franklin County 1-hour ozone nonattainment 
area, these determinations shall no longer apply.

PART 81--[AMENDED]

0
4. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
5. In Sec.  81.339, the table entitled ``Pennsylvania-Ozone (8-Hour 
Standard)'' is amended by revising the entry for the Franklin County, 
PA Area to read as follows:


Sec.  81.339  Pennsylvania

* * * * *

                                                          Pennsylvania--Ozone (8-Hour Standard)
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                                                           Designation \a\                                           Category/classification
       Designated area        --------------------------------------------------------------------------------------------------------------------------
                                                Date \1\                               Type                     Date \1\                   Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Franklin Co., PA:
    Franklin County..........  July 25, 2007.............................  Attainment.................

                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. 07-3631 Filed 7-24-07; 8:45 am]

BILLING CODE 6560-50-P
