	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Parts 52 and 81

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

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.

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).   

EFFECTIVE DATE:  This final rule is effective on [insert date of
publication] pursuant to the authority of 5 USC 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 www.regulations.gov website.  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 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   HYPERLINK "mailto:cripps.christopher@epa.gov" 
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 (D.C.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 D.C.
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
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

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 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 (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). 
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 [insert date 60 days from date of
publication of this document in the Federal Register].  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

Air Pollution Control, National Parks, Wilderness Areas.

                                                                        
                                    /s/

__________________                                               
_______________________________

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

                                  					Region III.

40 CFR part 52 is amended as follows:

Part 52 – [AMENDED]

1.  The authority citation for part 52 continues to read as follows:

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

Subpart NN-Pennsylvania

2.  In §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:

§ 52.2020	Identification of plan.

*	*	*	*	*

(e) ***

     (1) * * *

Name of non-regulatory SIP revision	Applicable

Geographic area	State submittal

Date	EPA approval

date	Additional

explanation

*           *               *            *               *           *  
          *

8-Hour Ozone Maintenance Plan and 2002 Base Year Emissions Inventory
Franklin County Area (Franklin County)	9/20/06

11/08/06	[Insert Federal Register publication date] [Insert page number
where the document begins]

	

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

(m)  Determination--EPA has determined that, as of [insert date of
publication], 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]

The authority citation for Part 81 continues to read as follows:  

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

In §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:

§81.339                    Pennsylvania

*          *          *          *          *

Pennsylvania – Ozone (8-Hour Standard)

Designated Area	Designationa	Category/Classification

	Date1	Type	Date1	Type

*           *           *           *           *           *          
*

Franklin Co., PA:

Franklin County	[Insert date of publication]	Attainment



*           *           *           *           *           *          
*



aIncludes Indian County located in each county or area, except otherwise
noted.

1This date is June 15, 2004, unless otherwise noted.

*           *           *           *           *

 PAGE   

 PAGE   2 

 PAGE  13 

