	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Parts 52 and 81

	[EPA-R03-OAR-2007-0175; FRL-         ]

	Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Reading 8-Hour 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 Reading, Berks County, Pennsylvania ozone
nonattainment area (Reading 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 Reading 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 Reading
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 Reading 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.  

EFFECTIVE DATE:  This final rule is effective on [insert date 15 days
from date of publication].



ADDRESSES:  EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0175.  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 29901), 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 Reading 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 January 25, 2007.  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.
 

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, 2007 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, 2007 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 29901) 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 this 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.

With respect to the requirement for transportation conformity under the
1-hour standard, the Court in its June 8, 2007 decision clarified that
for those areas with 1-hour motor vehicle emissions budgets in their
1-hour maintenance plans, 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.  As
discussed elsewhere in this document, EPA is approving 8-hour MVEBs for
the Reading Area.  Approval of the 8-hour MVEBs means that the 1-hour
budgets no longer apply under anti-backsliding.  The court clarified
that 1-hour conformity determinations are not required for
anti-backsliding purposes.  

II.  Comments and EPA’s Responses

EPA received one comment.  The comment did not object to the proposed
approvals of the redesignation request, maintenance plan or the 2002
base year inventory.  The comment merely pointed out that EPA’s notice
had incorrectly identified the metropolitan planning organization (MPO)
with jurisdiction over the Reading Area.  EPA acknowledges that, as the
commenter notes, we mistakenly identified the MPO as the “Northern
Tier RPO” in the notice.  The MPO, however, is identified correctly in
the maintenance plan for the Reading Area (Berks County).  The reference
to the “Northern Tier RPO” on page 29911 of the May 30, 2007 notice
therefore should have been to Reading Metropolitan Planning Organization
(“Berks County MPO”).  

III.  Effective Date

EPA finds that there is good cause for this redesignation to attainment,
and SIP revisions to become effective fifteen days after publication
because a more delayed effective date is unnecessary due to the nature
of a redesignation to attainment which relieves the area from certain
Clean Air Act requirements that would other wise apply to it.  The
effective date for this redesignation is authorized under both 5 U.S.C.
553(d)(1), which provides that rulemaking actions may become effective
less than 30 days after publication if the rule “grants or recognizes
an exemption or relieves a restriction'' and section 553(d)(3), which
allows an effective date less than 30 days after publication “as
otherwise provided by the agency for good cause found and published with
the rule.”

 

IV.  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
January 25, 2007, and determined that it meets the redesignation
criteria set forth in section 107(d)(3)(E) of the Clean Air Act.  EPA
believes that the redesignation request and monitoring data demonstrate
that the Reading Area has attained the 8-hour ozone standard.  The final
approval of this redesignation request will change the designation of
the Reading Area from nonattainment to attainment for the 8-hour ozone
standard.  EPA is approving the maintenance plan for the Reading Area
submitted on January 25, 2007 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 January 25, 2007, 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 compound (VOC) emissions in the
Reading Area for the 8-hour ozone maintenance plan are adequate and
approved for conformity purposes.  As a result of our finding, the
Reading 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)

Budget Year	NOx	VOC

2009	22.3	14.3

2018	9.0	7.8



V.  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 or allows
the state to avoid adopting or implementing other requirements and
because this action does not impose any new requirements on sources,
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 Reading
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: August 9, 2007           				William T. Wisniewski, 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 Reading, 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
Reading Area (Berks County)	1/25/2007	[Insert Federal Register
publication date] [Insert page number where the document begins]

	

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 Reading, PA Area
to read as follows:

§81.339                    Pennsylvania

*          *          *          *          *

Pennsylvania – Ozone (8-Hour Standard)

Designated Area	Designationa	Category/Classification

	Date1	Type	Date1	Type

*           *           *           *           *           *          
*

Reading, PA:

Berks County	[Insert date 15 days from 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.

*           *           *           *           *

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