
[Federal Register: July 16, 2008 (Volume 73, Number 137)]
[Proposed Rules]               
[Page 40813-40824]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy08-33]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0176; FRL-8693-2]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Greene County 8-Hour Ozone 
Nonattainment Area to Attainment and Approval of the Maintenance Plan 
and 2002 Base-Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a redesignation request and State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. The Pennsylvania Department of Environmental Protection 
(PADEP) is requesting that the Greene County 8-hour ozone nonattainment 
Area (referred to also as the ``Greene County Area'' or ``Area'') be 
redesignated as attainment for the 8-hour ozone national ambient air 
quality standard (NAAQS). EPA is proposing to approve the ozone 
redesignation request for the Greene County Area. In conjunction with 
its redesignation request, the Commonwealth submitted a SIP revision 
consisting of a maintenance plan for the Greene County Area that 
provides for continued attainment of the 8-hour ozone NAAQS for at 
least 10 years after redesignation. EPA is proposing to make a 
determination that the Greene County Area has attained the 8-hour ozone 
NAAQS, based upon three years of complete, quality-assured ambient air 
quality monitoring data for 2003-2005. EPA's proposed approval of the 
8-hour ozone redesignation request is based on its determination that 
the Greene County Area has met the criteria for redesignation to 
attainment specified in the Clean Air Act (CAA). In addition, the 
Commonwealth of Pennsylvania has also submitted a 2002 base-year 
inventory for the Greene County Area,

[[Page 40814]]

and EPA is proposing to approve that inventory for the Area as a SIP 
revision. EPA is also providing information on the status of its 
adequacy determination for the motor vehicle emission budgets (MVEBs) 
that are identified in the maintenance plan for the Greene County Area 
for purposes of transportation conformity, and is proposing to approve 
those MVEBs. EPA is proposing approval of the redesignation request, 
the maintenance plan, and 2002 base-year inventory SIP revisions in 
accordance with the requirements of the CAA.

DATES: Written comments must be received on or before August 15, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0176 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2007-0606, Cristina Fernandez, Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0176. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in www.regulations.gov or 
in hard copy 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: Melissa Linden, (215) 814-2096, or by 
e-mail at linden.melissa@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What Are the Clean Air Actions EPA Is Proposing to Take?
II. What Is the Background for These Proposed Actions?
III. What Are the Criteria for Redesignation to Attainment?
IV. Why Is EPA Taking These Actions?
V. What Would Be the Effect of These Actions?
VI. What Is EPA's Analysis of the Commonwealth's Request?
VII. Are the Motor Vehicle Emissions Budgets Established and 
Identified in the Maintenance Plan for the Greene County Area Plan 
Adequate and Approvable?
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews

I. What Are the Clean Air Actions EPA Is Proposing To Take?

    On January 25, 2007, the PADEP formally submitted a request to 
redesignate the Greene County Area from nonattainment to attainment of 
the 8-hour NAAQS for ozone. Concurrently, Pennsylvania submitted a 
maintenance plan for the Greene County Area as a SIP revision to ensure 
continued attainment in the Area over the next 10 years. PADEP also 
submitted a 2002 base-year inventory for the Greene County Area as a 
SIP revision. On May 23, 2008, PADEP submitted a revision to the 
January 25, 2007 submittal to include an alternate methodology used to 
project the 2009 and 2018 nitrogen oxides (NOX) emissions 
from stationary point sources. In addition, NOX emission 
projections from the January 25, 2007 submittal were changed to reflect 
the new methodology submitted in the May 23, 2008 revision.
    Greene County is currently designated a basic 8-hour ozone 
nonattainment area. EPA is proposing to determine that the Greene 
County Area has attained the 8-hour ozone NAAQS and that it has met the 
requirements for redesignation pursuant to section 107(d)(3)(E) of the 
CAA. EPA is, therefore, proposing to approve the redesignation request 
to change the designation of the Greene County Area from nonattainment 
to attainment for the 8-hour ozone NAAQS. EPA is also proposing to 
approve the Greene County maintenance plan as a SIP revision for the 
Area (such approval being one of the Act criteria for redesignation to 
attainment status). The maintenance plan is designed to ensure 
continued attainment in the Greene County Area for the next 10 years. 
EPA is also proposing to approve the 2002 base-year inventory for the 
Greene County Area as a SIP revision. Additionally, EPA is announcing 
its action on the adequacy process for the MVEBs identified in the 
Greene County maintenance plan, and proposing to approve the MVEBs 
identified for volatile organic compounds (VOCs) and nitrogen oxides 
(NOX) for the Area for transportation conformity purposes.

II. What Is the Background for These Proposed Actions?

A. General

    Ground-level ozone is not emitted directly by sources. Rather, 
emissions of Nitrogen Oxides (NOX) and Volatile Organic 
Compounds (VOC) react in the presence of sunlight to form ground-level 
ozone. The air pollutants NOX and VOC are referred to as 
precursors of ozone. The CAA establishes a process for air quality 
management through the attainment and maintenance of the NAAQS.
    On July 18, 1997, EPA promulgated a revised 8-hour ozone standard 
of 0.08 parts per million (ppm). This standard is more stringent than 
the previous 1-hour standard. EPA designated, as nonattainment, any 
area violating the 8-hour ozone NAAQS based on the air

[[Page 40815]]

quality data for the three years of 2001-2003. These were the most 
recent three years of data at the time EPA designated 8-hour areas. The 
Greene County Area was designated a basic 8-hour ozone nonattainment 
area in a Federal Register notice signed on April 15, 2004 and 
published on April 30, 2004 (69 FR 23857), based on its exceedance of 
the 8-hour health-based standard for ozone during the years 2001-2003.
    On April 30, 2004, EPA issued a final rule (69 FR 23951, 23996) to 
revoke the 1-hour ozone NAAQS in the Greene County Area (as well as 
most other areas of the country), effective June 15, 2005. See 40 CFR 
50.9(b); 69 FR at 23996 (April 30, 2004); 70 FR 44470 (August 3, 2005).
    However, 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) 
(hereafter ``South Coast''). 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 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 
measures required for 1-hour nonattainment areas under the anti-
backsliding provisions of the regulations: (1) Nonattainment area 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. 
Elsewhere in this document, mainly in section VI. B. ``The Greene 
County Area Has Met All Applicable Requirements Under Section 110 and 
part D of the Clean Air Act and has a Fully Approved SIP Under Section 
110(k) of the Act'', EPA discusses its rationale why the decision in 
South Coast is not an impediment to redesignating the Greene County 
Area to attainment of the 8-hour ozone NAAQS.
    The CAA, title I, part D, contains two sets of provisions--subpart 
1 and subpart 2--that address planning and control requirements for 
nonattainment areas. Subpart 1 (which EPA refers to as ``basic'' 
nonattainment) contains general, less prescriptive requirements for 
nonattainment areas for any pollutant--including ozone--governed by a 
NAAQS. Subpart 2 (which EPA refers to as ``classified'' nonattainment) 
provides more specific requirements for ozone nonattainment areas. In 
2004, the Greene County Area was classified a basic 8-hour ozone 
nonattainment area based on air quality monitoring data from 2001-2003. 
Therefore, the Area is subject to the requirements of subpart 1 of part 
D.
    Under 40 CFR part 50, the 8-hour ozone standard is attained when 
the 3-year average of the annual fourth-highest daily maximum 8-hour 
average ambient air quality ozone concentrations is less than or equal 
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). See 69 FR 
23857 (April 30, 2004) for further information. Ambient air quality 
monitoring data for the 3-year period must meet data completeness 
requirements. The data completeness requirements are met when the 
average percent of days with valid ambient monitoring data is greater 
than 90 percent, and no single year has less than 75 percent data 
completeness as determined in Appendix I of 40 CFR part 50. The ozone 
monitoring data indicates that the Greene County Area has a design 
value of 0.081 ppm for the 3-year period of 2003-2005, using complete, 
quality-assured data. Therefore, the ambient ozone data for the Greene 
County Area indicates no violations of the 8-hour ozone standard.

B. The Greene County Area

    Prior to its designation as an 8-hour ozone nonattainment area, the 
Greene County Area was an incomplete data 1-hour ozone nonattainment 
area. See 56 FR 56694 (November 6, 1991).
    On January 25, 2007, the PADEP requested that the Greene County 
Area be redesignated to attainment for the 8-hour ozone standard. The 
redesignation request included three years of complete, quality-assured 
data for the period of 2003-2005, indicating that the 8-hour NAAQS for 
ozone had been achieved in the Area. The data satisfies the CAA 
requirements that the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentration (commonly referred to as the 
area's design value), must be less than or equal to 0.08 ppm (i.e., 
0.084 ppm when rounding is considered). Under the CAA, a nonattainment 
area may be redesignated if sufficient complete, quality-assured data 
is available to determine that the area attained the standard and the 
area meets the redesignation requirements set forth in section 
107(d)(3)(E) of the CAA.

III. What Are the Criteria for Redesignation to Attainment?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) allows for 
redesignation, providing that:
    (1) EPA determines that the area has attained the applicable NAAQS;
    (2) EPA has fully approved the applicable implementation plan for 
the area under section 110(k);
    (3) EPA determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions;
    (4) EPA has fully approved a maintenance plan for the area as 
meeting the requirements of section 175A; and
    (5) The State containing such area has met all requirements 
applicable to the area under section 110 and part D.
    EPA provided guidance on redesignations in the General Preamble for 
the Implementation of Title I of the CAA, on April 16, 1992 (57 FR 
13498), and supplemented this guidance on April 28, 1992 (57 FR 18070). 
EPA has provided further guidance on processing redesignation requests 
in the following documents:

[[Page 40816]]

     ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, June 18, 1990;
     ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
     ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
     ``Procedures for Processing Requests to Redesignate Areas 
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
     ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John 
Calcagni Director, Air Quality Management Division, October 28, 1992;
     ``Technical Support Documents (TSDs) for Redesignation 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from 
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 
1993;
     ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on 
or after November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
     Memorandum from D. Kent Berry, Acting Director, Air 
Quality Management Division, to Air Division Directors, Regions 1-10, 
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and 
CO Nonattainment Areas,'' dated November 30, 1993;
     ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
     ``Reasonable Further Progress, Attainment Demonstration, 
and Related Requirements for Ozone Nonattainment Areas Meeting the 
Ozone National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 10, 
1995.

IV. Why Is EPA Taking These Actions?

    On January 25, 2007, the PADEP requested redesignation of the 
Greene County Area to attainment for the 8-hour ozone standard. 
Simultaneously, PADEP submitted a maintenance plan for the Greene 
County Area as a SIP revision, to ensure continued attainment of the 8-
hour ozone NAAQS over the next 10 years, until 2018. PADEP also 
submitted a 2002 base-year inventory concurrently with its maintenance 
plan as a SIP revision. PADEP also submitted a revision to the January 
25, 2007, submittal on May 23, 2008, to include alternate methodology 
used to project the 2009 and 2018 emissions amounts from stationary 
point sources. In addition, NOX emission projections from 
the January 25, 2007, submittal were changed to reflect the new 
methodology submitted in the May 23, 2008, revision. EPA has determined 
that the Greene County Area has attained the 8-hour ozone standard and 
has met the requirements for redesignation set forth in section 
107(d)(3)(E).

V. What Would Be the Effect of These Actions?

    Approval of the redesignation request would change the official 
designation of the Greene County Area from nonattainment to attainment 
for the 8-hour ozone NAAQS found at 40 CFR part 81. It would also 
incorporate into the Pennsylvania SIP a 2002 base-year inventory and a 
maintenance plan ensuring continued attainment of the 8-hour ozone 
NAAQS in the Greene County Area for the next 10 years, until 2018. The 
maintenance plan includes contingency measures to remedy any future 
violations of the 8-hour NAAQS (should they occur), and identifies the 
NOX and VOC MVEBs for transportation conformity purposes for 
the years 2004, 2009 and 2018.
    These motor vehicle emissions (2004) and MVEBs (2009 and 2018) are 
displayed in the following table:

   Table 1.--Greene County Motor Vehicle Emissions Budgets in Tons per
                            Summer Day (tpsd)
------------------------------------------------------------------------
                      Year                            VOC         NOX
------------------------------------------------------------------------
2004............................................         2.1         3.6
2009............................................         1.6         2.6
2018............................................         1.0         1.3
------------------------------------------------------------------------

VI. What Is EPA's Analysis of the Commonwealth's Request?

    EPA is proposing to determine that the Greene County Area has 
attained the 8-hour ozone standard, and that all other redesignation 
criteria have been met. The following is a description of how the 
PADEP's January 25, 2007, submittal with the May 23, 2008, revision 
satisfies the requirements of section 107(d)(3)(E) of the CAA.

A. The Greene County Area Has Attained the 8-Hour NAAQS

    EPA is proposing to determine that the Greene County Area has 
attained the 8-hour ozone NAAQS. For ozone, an area may be considered 
to be attaining the 8-hour ozone NAAQS if there are no violations, as 
determined in accordance with 40 CFR 50.10 and Appendix I of Part 50, 
based on three complete, consecutive calendar years of quality-assured 
air quality monitoring data. To attain this standard, the design value, 
which is the 3-year average of the fourth-highest daily maximum 8-hour 
average ozone concentrations measured at each monitor, within the area, 
over each year must not exceed the ozone standard of 0.08 ppm. Based on 
the rounding convention described in 40 CFR part 50, Appendix I, the 
standard is attained if the design value is 0.084 ppm or below. The 
data must be collected and quality-assured in accordance with 40 CFR 
part 58, and recorded in the Air Quality System (AQS). The monitors 
generally should have remained at the same location for the duration of 
the monitoring period required for demonstrating attainment.
    In the Greene County Area, there is one monitor that measures air 
quality with respect to ozone. As part of its redesignation request, 
Pennsylvania referenced ozone monitoring data for the years 2003-2005 
(the most recent 3 years of data available as of the time of the 
redesignation request) for the Greene County Area. This data has been 
quality assured and is recorded in the AQS. The PADEP uses the AQS as 
the permanent database to maintain its data and quality assures the 
data transfers and content for accuracy. The fourth-high 8-hour daily 
maximum concentrations for the period from 2003-2005, along with the 
three-year average, are summarized in Table 2.

Table 2.--Greene County Nonattainment Area Fourth Highest 8-hour Average
            Values; Greene County Monitor, AQS ID 42-059-0002
------------------------------------------------------------------------
                                                        Annual 4th high
                         Year                            reading (ppm)
------------------------------------------------------------------------
2003.................................................              0.083
2004.................................................              0.075
2005.................................................              0.085
2006.................................................              0.077
------------------------------------------------------------------------

[[Page 40817]]


The average for the 3-year period 2003 through 2005 is 0.081 ppm.
The average for the 3-year period 2004 through 2006 is 0.079 ppm.
------------------------------------------------------------------------

    The air quality data for 2003-2005 shows that the Greene County 
Area has attained the standard with a design value of 0.081 ppm. The 
data collected at the Greene County Area monitor satisfies the Act 
requirement that the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentration is below the maximum design 
value of 0.085 ppm. The PADEP's request for redesignation for the 
Greene County Area indicates that the data is complete and was quality 
assured in accordance with 40 CFR part 58. In addition, as discussed 
below with respect to the maintenance plan, PADEP has committed to 
continue monitoring in accordance with 40 CFR part 58. In summary, EPA 
has determined that the data submitted by Pennsylvania and data taken 
from AQS indicate that the Greene County Area has attained the 8-hour 
ozone NAAQS.

B. The Greene County Area Has Met All Applicable Requirements Under 
Section 110 and Part D of the Clean Air Act and Has a Fully Approved 
SIP Under Section 110(k) of the CAA

    EPA has determined that the Greene County Area has met all SIP 
requirements applicable for purposes of this redesignation under 
section 110 of the CAA (General SIP Requirements) and that it meets all 
applicable SIP requirements under Part D of Title I of the CAA, in 
accordance with section 107(d)(3)(E)(v). In addition, EPA has 
determined that the SIP is fully approvable with respect to all 
requirements applicable for purposes of redesignation in accordance 
with section 107(d)(3)(E)(ii). In making these proposed determinations, 
EPA ascertained which requirements are applicable to the Greene County 
Area and determined that the applicable portions of the SIP meeting 
these requirements are fully approved under section 110(k) of the CAA. 
We note that SIPs must be fully approved only with respect to 
applicable requirements.
    The September 4, 1992 Calcagni memorandum (``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) with respect to the timing of applicable requirements. 
Under this interpretation, to qualify for redesignation, States 
requesting redesignation to attainment must meet only the relevant 
Clean Air Act requirements that came due prior to the submittal of a 
complete redesignation request. See also, Michael Shapiro memorandum, 
September 17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) 
(redesignation of Detroit-Ann Arbor). Applicable requirements of the 
Act that come due subsequent to the area's submittal of a complete 
redesignation request remain applicable until a redesignation is 
approved, but are not required as a prerequisite to redesignation. 
Section 175A(c) of the Act. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 
2004). See also, 68 FR at 25424, 25427 (May 12, 2003) (redesignation of 
St. Louis).
    This section sets forth EPA's views on the potential effect of the 
Court's rulings on this proposed redesignation action. For the reasons 
set forth below, EPA does not believe that the Court's rulings alters 
any requirements relevant to this redesignation action so as to 
preclude redesignation, and do not prevent EPA from proposing or 
ultimately finalizing this redesignation. EPA believes that the Court's 
December 22, 2006 and June 8, 2007 decisions impose no impediment to 
moving forward with 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 CAA and longstanding 
policies regarding redesignation requests.
1. Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general 
requirements for a SIP, which includes enforceable emissions 
limitations and other control measures, means, or techniques, 
provisions for the establishment and operation of appropriate devices 
necessary to collect data on ambient air quality, and programs to 
enforce the limitations. The general SIP elements and requirements set 
forth in section 110(a)(2) include, but are not limited to the 
following:
     Submittal of a SIP that has been adopted by the State 
after reasonable public notice and hearing;
     Provisions for establishment and operation of appropriate 
procedures needed to monitor ambient air quality;
     Implementation of a source permit program; provisions for 
the implementation of part C requirements (Prevention of Significant 
Deterioration (PSD);
     Provisions for the implementation of Part D requirements 
for New Source Review (NSR) permit programs;
     Provisions for air pollution modeling; and
     Provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another State. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
air pollutants in accordance with the NOX SIP Call, October 
27, 1998 (63 FR 57356), amendments to the NOX SIP Call, May 
14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and the Clean 
Air Interstate Rule (CAIR), May 12, 2005 (70 FR 25162). However, the 
section 110(a)(2)(D) requirements for a State are not linked with a 
particular nonattainment area's designation and classification in that 
State. EPA believes that the requirements linked with a particular 
nonattainment area's designation and classifications are the relevant 
measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a state regardless of the designation of any one particular 
area in the State. Thus, we do not believe that these requirements are 
applicable requirements for purposes of redesignation.
    In addition, EPA believes that the other section 110 elements not 
connected with nonattainment plan submissions and not linked with an 
area's attainment status are not applicable requirements for purposes 
of redesignation. The Greene County Area will still be subject to these 
requirements after it is redesignated. The section 110 and Part D 
requirements which are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This policy is consistent with EPA's existing 
policy on applicability of conformity (i.e., for redesignations) and 
oxygenated fuels requirement. See Reading, Pennsylvania, proposed and 
final rulemakings (61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 
1997); Cleveland-Akron-Lorain, Ohio final rulemaking (61 FR 20458, May 
7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 
7, 1995). See

[[Page 40818]]

also, the discussion on this issue in the Cincinnati redesignation (65 
FR at 37890, June 19, 2000), and in the Pittsburgh redesignation (66 FR 
at 53099, October 19, 2001). Similarly, with respect to the 
NOX SIP Call rules, EPA noted in its Phase 1 Final Rule to 
Implement the 8-hour Ozone NAAQS, that the NOX SIP Call 
rules are not ``an'' `applicable requirement' for purposes of section 
110(1) because the NOX rules apply regardless of an area's 
attainment or nonattainment status for the 8-hour (or the 1-hour) 
NAAQS.'' 69 FR 23951, 23983 (April 30, 2004).
    EPA believes that section 110 elements not linked to the area's 
nonattainment status are not applicable for purposes of redesignation. 
As we explain later in this notice, no Part D requirements applicable 
for purposes of redesignation under the 8-hour standard became due for 
the Greene County Area prior to submission of the redesignation 
request.
2. Part D Nonattainment Area Requirements Under the 1-Hour and 8-Hour 
Standards
    The Greene County Area was designated a basic nonattainment area 
for the 8-hour ozone standard. Sections 172-176 of the CAA, found in 
subpart 1 of Part D, set forth the basic nonattainment requirements for 
all nonattainment areas. As discussed previously, because the Greene 
County Area was designated incomplete data/ nonattainment under the 1-
hour standard, there are no outstanding 1-hour nonattainment area 
requirements it would be required to meet. Thus, we find that the 
Court's ruling does not result in any additional 1-hour requirements 
for purposes of redesignation.
    With respect to the 8-hour standard, EPA notes that the Court's 
ruling rejected EPA's reasons for classifying areas under subpart 1 for 
the 8-hour standard, and remanded that matter to the Agency. 
Consequently, it is possible that this area could, during a remand to 
EPA, be reclassified under subpart 2. Although any future decision by 
EPA to classify this under subpart 2 might trigger additional future 
requirements for the area, EPA believes that this does not mean that 
redesignation of the area cannot now go forward. This belief is based 
upon (1) EPA's longstanding policy of evaluating requirements in 
accordance with the requirements due at the time the request is 
submitted; and (2) consideration of the inequity of applying 
retroactively any requirements that might in the future be applied.
    At the time the redesignation request was submitted, the Greene 
County Area was classified under subpart 1 and was obligated to meet 
subpart 1 requirements. Under EPA's longstanding interpretation of 
section 107(d)(3)(E) of the Clean Air Act, to qualify for 
redesignation, states requesting redesignation to attainment must meet 
only the relevant SIP requirements that came due prior to the submittal 
of a complete redesignation request. September 4, 1992 Calcagni 
memorandum (``Procedures for Processing Requests to Redesignate Areas 
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division). See also, Michael Shapiro Memorandum, September 
17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) (Redesignation of 
Detroit-Ann Arbor); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004) 
(which upheld this interpretation); 68 FR 25418, 25424, 25427 (May 12, 
2003) (redesignation of St. Louis).
    Moreover, it would be inequitable to retroactively apply any new 
SIP requirements that were not applicable at the time the request was 
submitted. The DC Circuit recognized the inequity in such retroactive 
rulemaking. See, Sierra Club v. Whitman, 285 F. 3d 63 (DC Cir. 2002), 
in which the DC Circuit upheld a District Court's ruling refusing to 
make retroactive an EPA determination that was past the statutory due 
date. Such a determination would have resulted in the imposition of 
additional requirements on the area. The Court stated: ``Although EPA 
failed to make the nonattainment determination within the statutory 
time frame, Sierra Club's proposed solution only makes the situation 
worse. Retroactive relief would likely impose large costs on the 
States, which would face fines and suits for not implementing air 
pollution prevention plan in 1997, even though they were not on notice 
at the time.'' Id. at 68. Similarly, here it would be unfair to 
penalize the area by applying to it for purposes of resedignation 
additional SIP requirements under subpart 2 that were not in effect at 
the time it submitted its redesignation request.
    With respect to the 8-hour standard, EPA proposes to determine that 
Pennsylvania's SIP meets all applicable SIP requirements under Part D 
of the CAA, because no 8-hour ozone standard Part D requirements 
applicable for purposes of redesignation became due prior to submission 
of the redesignation request for the Greene County Area. Because the 
Commonwealth submitted a complete redesignation request for the Greene 
County Area prior to the deadline for any submissions required under 
the 8-hour standard, we have determined that the Part D requirements do 
not apply to the Greene County Area for the purposes of redesignation.
    In addition to the fact that no Part D requirements applicable 
under the 8-hour standard became due prior to submission of the 
redesignation request, EPA believes it is reasonable to interpret the 
general conformity and NSR requirements of Part D as not requiring 
approval prior to redesignation.
    With respect to section 176, Conformity Requirements, section 
176(c) of the CAA requires States to establish criteria and procedures 
to ensure that Federally supported or funded projects conform to the 
air quality planning goals in the applicable SIP. The requirement to 
determine conformity applies to transportation plans, programs, and 
projects developed, funded or approved under Title 23 U.S.C. and the 
Federal Transit Act (``transportation conformity'') as well as to all 
other Federally supported or funded projects (``general conformity''). 
State conformity revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement and enforceability 
that the CAA required EPA to promulgate.
    EPA believes it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of evaluating the 
redesignation request under section 107(d) since State conformity rules 
are still required after redesignation and Federal conformity rules 
apply where State rules have not been approved. See, Wall v. EPA, 265 
F. 3d 426, 438-440 (6th Cir. 2001), upholding this interpretation. See 
also, 60 FR 62748 (December 7, 1995).
    In the case of the Greene County Area, EPA has also determined that 
before being redesignated, the Greene County Area need not comply with 
the requirement that a NSR program be approved prior to redesignation. 
Additionally, Pennsylvania's preconstruction permitting program 
regulations in Chapter 127.200-217 of the Pennsylvania Code (approved 
into the SIP at 40 CFR 52.2020(c)), apply only to ozone nonattainment 
area sources that are located in areas classified as marginal or worse, 
i.e., to subpart 2 nonattainment areas. Pennsylvania's NSR regulations 
do not apply to sources in nonattainment areas classified as basic 
nonattainment under subpart 1. Consequently, sources in the Greene 
County Area are subject to Part D NSR requirements of Appendix S to 40 
CFR part 51, pursuant to 40 CFR 52.24(k). Appendix S of 40 CFR part 51 
contains the preconstruction permitting program that applies to major 
stationary

[[Page 40819]]

sources in nonattainment areas lacking an approved Part D NSR program. 
Appendix S applies during the interim period after EPA designates an 
area as nonattainment, but before EPA approves revisions to a SIP to 
implement the Part D NSR requirements for that pollutant. See, 70 FR 
71618 (November 29, 2005). The Chapter 127 part D NSR regulations in 
the Pennsylvania SIP explicitly apply to attainment areas within the 
Ozone Transport Region (OTR). See, Chapter 127 in 40 CFR 52.2020(c)(1); 
See, 66 FR 53094, October 19, 2001. Therefore, after the Greene County 
Area is redesignated to attainment, sources in the Greene County Area 
will be subject to Part D NSR applicable under the permitting 
regulations in Chapter 127, because the Greene County Area is located 
in the OTR.
    All areas in the OTR, both attainment and nonattainment, are 
subject to additional control requirements under section 184 for the 
purpose of reducing interstate transport of emissions that may 
contribute to downwind ozone nonattainment. The section 184 
requirements include reasonably available control technology (RACT), 
NSR, enhanced vehicle inspection and maintenance, and Stage II vapor 
recovery or a comparable measure.
    In the case of Greene County Area, which is located in the OTR, 
nonattainment NSR will continue to be applicable after redesignation. 
On October 19, 2001 (66 FR 53094), EPA fully approved the 1-hour 
Pennsylvania's NSR SIP revision consisting of Pennsylvania's Chapter 
127 Part D NSR regulations that cover the Greene County Area. The 
Chapter 127 Part D NSR regulations in the Pennsylvania SIP explicitly 
apply the requirements for NSR of section 184 of the CAA to attainment 
areas within the OTR.
3. The Greene County Area Has a Fully Approved SIP for Purposes of 
Redesignation
    EPA has fully approved the Pennsylvania SIP for the purposes of 
this redesignation. EPA may rely on prior SIP approvals in approving a 
redesignation request. Calcagni Memo, p.3; Southwestern Pennsylvania 
Growth Alliance v. Browner, 144 F. 3d 984, 989-90 (6th Cir. 1998), Wall 
v. EPA, 265 F. 3d 426 (6th Cir. 2001), plus any additional measures it 
may approve in conjunction with a redesignation action. See, 68 FR at 
25425 (May 12, 2003) and citations therein.
    The Greene County Area was a 1-hour incomplete data nonattainment 
area at the time of its designation as a basic 8-hour ozone 
nonattainment area on April 30, 2004 (69 FR 23857). Because the Greene 
County Area was a 1-hour incomplete data nonattainment area, there are 
no previous Part D SIP submittal requirements. Also, no Part D 
submittal requirements have come due prior to the submittal of the 8-
hour maintenance plan for the area. Therefore, all Part D submittal 
requirements have been fulfilled. Because there are no outstanding SIP 
submission requirements applicable for the purpose of redesignation of 
the Greene County Area the applicable implementation plan satisfies all 
pertinent SIP requirements. As indicated previously, EPA believes that 
the section 110 elements not connected with Part D nonattainment plan 
submissions and not linked to the area's nonattainment status are not 
applicable requirements for purposes of redesignation. EPA also 
believes that no 8-hour Part D requirements applicable for the purpose 
of redesignation have yet become due for the Greene County Area, and 
therefore they need not be approved in to the SIP prior to 
redesignation.

C. The Air Quality Improvement in the Greene County Area is Due to 
Permanent and Enforceable Reductions in Emissions Resulting From 
Implementation of the SIP and Applicable Federal Air Pollution Control 
Regulations and Other Permanent and Enforceable Reductions

    EPA believes that the Commonwealth has demonstrated that the 
observed air quality improvement in the Greene County Area is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the SIP, Federal measures, and other State-adopted 
measures. Emissions reductions attributable to these rules are shown in 
Table 3.

              Table 3.--Total VOC and NOX Emissions for 2002 and 2004 in Tons per Summer Day (tpsd)
----------------------------------------------------------------------------------------------------------------
              Year                     Point           Area           Mobile          Nonroad          Total
----------------------------------------------------------------------------------------------------------------
                                        Volatiles Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
2002............................             1.9             1.9             2.4             1.3             7.5
2004............................             1.9             1.9             2.1             1.2             7.1
Difference (02-04)..............             0.0             0.0            -0.3            -0.1            -0.4
----------------------------------------------------------------------------------------------------------------
                                              Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
2002............................            64.0             0.2             4.1             4.7            72.9
2004............................            53.7             0.2             3.6             4.5            62.0
Difference (02-04)..............           -10.3             0.0            -0.5            -0.2           -10.9
----------------------------------------------------------------------------------------------------------------
* Totals may not add due to rounding.

    Between 2002 and 2004, VOC emissions decreased by 0.4 tpsd from 7.5 
tpsd to 7.1 tpsd. During the same period, NOX emissions 
decreased by 10.9 tpsd from 72.9 tpsd to 62.0 tpsd. EPA believes that 
permanent and enforceable emissions reductions are the cause of the 
long-term improvement in ozone levels and are the cause of the Greene 
County Area achieving attainment of the 8-hour ozone standard. These 
reductions, as well as anticipated future reductions, are due to the 
following permanent and enforceable measures.
 1. Stationary Point Sources
    NOX SIP Call (66 FR 43795, August 21, 2001).
 2. Stationary Area Sources
    Solvent Cleaning (68 FR 2206, January 16, 2003).
    Portable Fuel Containers (69 FR 70893, December 8, 2004).
 3. Highway Vehicle Sources
    Federal Motor Vehicle Control Programs (FMVCP):

--Tier 1 Rule (56 FR 25724, June 5, 1991);
--Tier 2 Rule (65 FR 6698, February 10, 2000).


[[Page 40820]]


    Heavy-duty Engine and Vehicle Standards (62 FR 54694, October 21, 
1997, and 65FR59896, October 6, 2000).
    National Low Emission Vehicle (NLEV) Program (64 FR 72564, December 
28, 1999).
    Changes to Vehicle Safety Inspection Program in non-I/M Counties 
(70 FR 58313, October 6, 2005).
 4. Non-Road Sources
    Non-road Diesel Rule (69 FR 38958, June 29, 2004).

 D. The Greene County Area Has a Fully Approvable Maintenance Plan 
Pursuant to Section 175A of the CAA

    In conjunction with its request to redesignate the Greene County 
ozone nonattainment area to attainment status, Pennsylvania submitted a 
SIP revision to provide for maintenance of the 8-hour ozone NAAQS in 
the Area for at least 10 years after redesignation. The Commonwealth is 
requesting that EPA approve this SIP revision as meeting the 
requirement of Clean Air Act section 175A. Once approved, the 
maintenance plan for the 8-hour ozone NAAQS will ensure that the SIP 
for the Greene County Area meets the requirements of the CAA regarding 
maintenance of the applicable 8-hour ozone standard.
What Is Required in a Maintenance Plan?
    Section 175 of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after approval of a 
redesignation of an area to attainment. Eight years after the 
redesignation, the Commonwealth must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures, with a schedule for implementation, as EPA deems 
necessary to assure prompt correction of any future 8-hour ozone 
violations. Section 175A of the CAA sets forth the elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. The Calcagni memorandum dated September 4, 1992, provides 
additional guidance on the content of a maintenance plan. An ozone 
maintenance plan should address the following provisions:
    (a) An attainment emissions inventory;
    (b) a maintenance demonstration;
    (c) a monitoring network;
    (d) verification of continued attainment; and
    (e) a contingency plan.
Analysis of the Greene County Area Maintenance Plan
    (a) Attainment inventory--An attainment inventory includes the 
emissions during the time period associated with the monitoring data 
showing attainment. PADEP determined that the appropriate attainment 
inventory year is 2004. That year establishes a reasonable year within 
the three-year block of 2003-2005 as a baseline and accounts for 
reductions attributable to implementation of the CAA requirements to 
date. The 2004 inventory is consistent with EPA guidance and is based 
on actual ``typical summer day'' emissions of VOC and NOX 
during 2004 and consists of a list of sources and their associated 
emissions.
    (i) Point source emissions--Pennsylvania requires owners and 
operators of larger facilities to submit annual production figures and 
emission calculations each year. Throughput data are multiplied by 
emission factors from Factor Information Retrieval (FIRE) Data System 
and EPA's publication series AP-42 and are based on Source 
Classification Code (SCC). Each process has at least one SCC assigned 
to it. If the owners and operators of facilities provide more accurate 
emission data based upon other factors, these emission estimates 
supersede those calculated using SCC codes.
    (ii) Area source emissions--Area source emissions are generally 
estimated by multiplying an emission factor by some known indicator or 
collective activity for each area source category at the county level. 
Pennsylvania estimates emissions from area sources using emission 
factors and SCC codes in a method similar to that used for stationary 
point sources. Emission factors may also be derived from research and 
guidance documents if those documents are more accurate than FIRE and 
AP-42 factors. Throughput estimates are derived from county-level 
activity data, by apportioning national and statewide activity data to 
counties, from census numbers, and from county employee numbers. County 
employee numbers are based upon North American Industry Classification 
System (NAICS) codes to establish that those numbers are specific to 
the industry covered.
    (iii) On-road mobile sources--PADEP employs an emissions estimation 
methodology that uses current EPA-approved highway vehicle emission 
model, MOBILE 6.2, to estimate highway vehicle emissions. The Greene 
County Area highway vehicle emissions in 2004 were estimated using 
MOBILE 6.2 and PENNDOT estimates of vehicles miles traveled (VMT) by 
vehicle type and roadway type.
    (iv) Mobile nonroad emissions--The 2004 emissions for the majority 
of nonroad emission source categories were estimated using the EPA 
NONROAD 2005 model. The NONROAD model estimates emissions for diesel, 
gasoline, liquefied petroleum gasoline, and compressed natural gas-
fueled nonroad equipment types and includes growth factors. The NONROAD 
model does not estimate emissions from aircraft or locomotives. For 
2004 locomotive emissions, PADEP projected emissions from a 1999 survey 
using national fuel information and EPA emission and conversion 
factors. There are no commercial aircraft operations in the Greene 
County Area. For 2004 aircraft emissions, PADEP estimated emissions 
using small aircraft operation statistics from http://www.airnav.com, 
and emission factors and operational characteristics in the EPA-
approved model, Emissions and Dispersion Modeling System (EDMS).
    More detailed information on the compilation of the 2002, 2004, 
2009, and 2018 inventories can found in the Technical Appendices, which 
are part of the January 25, 2007 state submittal and the revision 
submitted on May 23, 2008.
    (b) Maintenance Demonstration--On January 25, 2007, the PADEP 
submitted a maintenance plan as required by section 175A of the CAA. 
The Greene County Area maintenance plan shows maintenance of the 8-hour 
ozone NAAQS by demonstrating that current and future emissions of VOC 
and NOX remain at or below the attainment inventory year 
2004 emissions levels throughout the Area through the year 2018. A 
maintenance demonstration need not be based on modeling. See Wall v. 
EPA, supra; Sierra Club v. EPA, supra. See also, 66 FR at 53099-53100; 
68 FR at 25430-32.
    Tables 4 and 5 specify the VOC and NOX emissions for the 
Greene County Area for 2004, 2009, and 2018. The PADEP chose 2009 as an 
interim year in the maintenance demonstration period to demonstrate 
that the VOC and NOX emissions are not projected to increase 
above the 2004 attainment level during the time of the maintenance 
period. The values in Table 5 reflect the alternative methodology 
submitted in the May 23, 2008 submittal.

[[Page 40821]]



                               Table 4.--Total VOC Emissions for 2004-2018 (tpsd)
----------------------------------------------------------------------------------------------------------------
                         Source category                               2004            2009            2018
----------------------------------------------------------------------------------------------------------------
Point...........................................................             1.9             1.9             2.2
Area............................................................             1.9             1.7             1.7
Mobile..........................................................             2.1             1.6             1.0
Nonroad.........................................................             1.2             1.0             0.8
    Total.......................................................             7.1             6.1             5.6
----------------------------------------------------------------------------------------------------------------


                               Table 5.--Total NOX Emissions for 2004-2018 (tpsd)
----------------------------------------------------------------------------------------------------------------
                         Source category                               2004            2009            2018
----------------------------------------------------------------------------------------------------------------
Point...........................................................            53.7            21.0            23.0
Area............................................................             0.2             0.2             0.2
Mobile..........................................................             3.6             2.6             1.3
Nonroad.........................................................             4.5             4.1             3.6
    Total.......................................................            62.0            27.9            28.1
----------------------------------------------------------------------------------------------------------------

    Additionally, the following programs are either effective or due to 
become effective and will further contribute to the maintenance 
demonstration of the 8-hour ozone NAAQS:
     The Federal Clean Air Interstate Rule (71 FR 25328, April 
28, 2006).
     The NOX SIP Call (66 FR 43795, August 21, 
2001).
     Portable Fuel Containers Rule (69 FR 70893, December 8, 
2004)
     Consumer Products Rule (69 FR 70895, December 8, 2004)
     Architectural and Industrial Maintenance (AIM) Coatings 
(69 FR 68080, November 23, 2004).
     Federal Light-duty Highway Vehicle Control Program 
(FMVCP)-Tier 1/Tier 2 Emissions Standards (Model Year 1994/2004); Tier 
1--(56 FR 25724, June 5, 1991), Tier 2--(65 FR 6698, February 10, 
2000).
     Federal Heavy-duty Diesel Highway Engine Standards (Model 
Year 2004/2007)/Low-Sulfur Highway Diesel Fuel Standards (2006); (66 FR 
5002, January 18, 2001).
     Federal Nonroad Engine Emission Standards (Model Year 
2008) and Nonroad Diesel Fuel 2007); (69 FR 38958, June 29, 2004).
     NLEV/PA Clean Vehicle Program (54 FR 72564, December 28, 
1999).
     PA Vehicle Emission Inspection and Maintenance Program (70 
FR 58313, October 6, 2005).
     Changes to Vehicle Safety Inspection Program for Non-I/M 
Counties (70 FR 58313, October 6, 2005).
    Based on the comparison of the projected emissions and the 
attainment year emissions along with the additional measures, EPA 
concludes that PADEP has successfully demonstrated that the 8-hour 
ozone standard should be maintained in the Greene County Area.
    (c) Monitoring Network--There is one ozone monitor that provided 
monitoring data to support of the Commonwealth's ozone maintenance plan 
for the Greene County Area. The Commonwealth has committed to continue 
to operate its monitoring network in accordance with 40 CFR part 58, 
with no reduction in the number of sites.
    (d) Verification of Continued Attainment--In addition to 
maintaining the key elements of its regulatory program, the 
Commonwealth will track the attainment status of the ozone NAAQS in the 
Area by reviewing air quality and emissions data during the maintenance 
period. The Commonwealth will perform an annual evaluation of VMT data 
and emissions reported from stationary sources, and compare them to the 
assumptions about these factors used in the maintenance plan. The 
Commonwealth will also evaluate the periodic (every three years) 
emission inventories prepared under EPA's Consolidated Emission 
Reporting Regulation (40 CFR 51, subpart A) to see if they exceed the 
attainment year inventory (2004) by more than 10 percent. The PADEP 
will also continue to operate the existing ozone monitoring station in 
the Area pursuant to 40 CFR part 58 throughout the maintenance period 
and submit quality-assured ozone data to EPA through the AQS system. 
Section 175A(b) of the CAA states that eight years following 
redesignation of the Greene County Area, PADEP will be required to 
submit a second maintenance plan that will ensure attainment through 
2028. PADEP has made that commitment to meet the requirement section 
175A(b).
    (e) The Maintenance Plan's Contingency Measures--The contingency 
plan provisions are designed to promptly correct a violation of the 
NAAQS that occurs after redesignation. Section 175A of the CAA requires 
that a maintenance plan include such contingency measures as EPA deems 
necessary to ensure that the Commonwealth will promptly correct a 
violation of the NAAQS that occurs after redesignation. The maintenance 
plan should identify the events that would ``trigger'' the adoption and 
implementation of a contingency measure(s), the contingency measure(s) 
that would be adopted and implemented, and the schedule indicating the 
time frame by which the state would adopt and implement the measure(s).
    The ability of the Greene County Area to stay in compliance with 
the 8-hour ozone standard after redesignation depends upon VOC and 
NOX emissions in the Area remaining at or below 2004 levels. 
The Commonwealth's maintenance plan projects VOC and NOX 
emissions to decrease and stay below 2004 levels through the year 2018. 
The Commonwealth's maintenance plan outlines the procedures for the 
adoption and implementation of contingency measures to further reduce 
emissions should a violation occur.
    Contingency measures will be considered if for two consecutive 
years the fourth highest 8-hour ozone concentration at the Greene 
County Area monitor is above 84 ppb. If this trigger point occurs, the 
Commonwealth will evaluate whether additional local emission control 
measures should be implemented in order to prevent a violation of the 
air quality standard. PADEP will also analyze the conditions leading to 
the excessive ozone levels and evaluate which measures might be most 
effective in correcting the excessive ozone levels. PADEP will also 
analyze the potential emissions effect of Federal, state and local 
measures that have been adopted but not yet implemented at the time the 
excessive

[[Page 40822]]

ozone levels occurred. PADEP will then begin the process of 
implementing any selected measures.
    Contingency measures will also be considered in the event that a 
violation of the 8-hour ozone standard occurs at the Greene County Area 
monitor. In the event of a violation of the 8-hour ozone standard, 
PADEP will adopt additional emissions reduction measures as 
expeditiously as practicable in accordance with the implementation 
schedule listed later in this notice and in the Pennsylvania Air 
Pollution Control Act in order to return the Area to attainment with 
the standard. Contingency measures to be considered for the Greene 
County Area will include, but not be limited to the following:
    Regulatory measures:

--Additional controls on consumer products.
--Additional controls on portable fuel containers.

    Non-Regulatory measures:

--Voluntary diesel engine ``chip reflash'' (installation software to 
correct the defeat device option on certain heavy-duty diesel engines).
--Diesel retrofits, including replacement, repowering or alternative 
fuel use, for public or private local on-road or off-road fleets.
--Idling reduction technology for Class 2 yard locomotives.
--Idling reduction technologies or strategies for truck stops, 
warehouses and other freight handling facilities.
--Accelerated turnover of lawn and garden equipment, especially 
commercial equipment, including promotion of electric equipment.
--Additional promotion of alternative fuel (e.g., biodiesel) for home 
heating and agricultural use.

    The plan sets forth a process to have regulatory contingency 
measures in effect within 19 months of the trigger. The plan also lays 
out a process to implement non-regulatory contingency measures within 
12-24 months of the trigger.

VII. Are the Motor Vehicle Emissions Budgets Established and Identified 
in the Maintenance Plan for the Greene County Area Plan Adequate and 
Approvable?

A. What are the Motor Vehicle Emissions Budgets?

    Under the CAA, States are required to submit, at various times, 
control strategy SIPs and maintenance plans in ozone areas. These 
control strategy SIPs (i.e., reasonable further progress SIPs and 
attainment demonstration SIPs) and maintenance plans identify and 
establish MVEBs for certain criteria pollutants and/or their precursors 
to address pollution from on-road mobile sources. In the maintenance 
plan, the MVEBs are termed ``on-road mobile source emission budgets.'' 
Pursuant to 40 CFR part 93 and 51.112, MVEBs must be established in an 
ozone maintenance plan. An MVEB is the portion of the total allowable 
emissions that is allocated to highway and transit vehicle use and 
emissions. An MVEB serves as a ceiling on emissions from an area's 
planned transportation system. The MVEB concept is further explained in 
the preamble to the November 24, 1993, transportation conformity rule 
(58 FR 62188). The preamble also describes how to establish and revise 
the MVEBs in control strategy SIPs and maintenance plans.
    Under section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the part of a State's air quality plan that addresses 
pollution from cars and trucks. ``Conformity'' to the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing violations, or delay timely attainment of or reasonable 
progress towards the NAAQS. If a transportation plan does not 
``conform,'' most new projects that would expand the capacity of 
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA 
policy, criteria, and procedures for demonstrating and ensuring 
conformity of such transportation activities to a SIP.
    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA must affirmatively find the MVEB contained 
therein ``adequate'' for use in determining transportation conformity. 
After EPA affirmatively finds the submitted MVEB is adequate for 
transportation conformity purposes, the MVEB can be used by state and 
federal agencies in determining whether proposed transportation 
projects ``conform'' to the SIP as required by section 176(c) of the 
Act. EPA's substantive criteria for determining ``adequacy'' of a MVEB 
are set out in 40 CFR 93.118(e)(4)
    EPA's process for determining ``adequacy'' consists of three basic 
steps: public notification of a SIP submission, a public comment 
period, and EPA's adequacy finding. This process for determining the 
adequacy of submitted SIP MVEBs was initially outlined in EPA's May 14, 
1999 guidance, ``Conformity Guidance on Implementation of March 2, 
1999, Conformity Court Decision.'' This guidance was finalized in the 
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards and Miscellaneous 
Revisions for Existing Areas; Transportation Conformity Rule 
Amendments--Response to Court Decision and Additional Rule Change'' on 
July 1, 2004 (69 FR 40004). EPA consults this guidance and follows this 
rulemaking in making its adequacy determinations.
    The MVEBs for the Greene County Area are listed in Table 6 for 2009 
and 2018. Table 6 presents the projected emissions for the on-road 
mobile sources plus any portion of the safety margin allocated to the 
MVEBs (safety margin allocation for 2009 and 2018 only). These emission 
budgets, when approved by EPA, must be used for transportation 
conformity determinations.

B. What Is a Safety Margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. The attainment level of 
emissions is the level of emissions during one of the years in which 
the area met the NAAQS. The following example is for the 2018 safety 
margin: the Greene County Area attained the 8-hour ozone NAAQS during 
the 2003 to 2005 time period. The Commonwealth used 2004 as the year to 
determine attainment levels of emissions for the Greene County Area. 
The sum total emissions for 2004 for point, area, mobile on-road, and 
mobile non-road sources for the Area are 7.1 tpsd of VOC and 62.0 tpsd 
of NOX. The PADEP projected that total emissions for the 
year 2018 will be 5.6 tpsd of VOC and 28.1 tpsd of NOX from 
all sources in the Area. The Area-wide safety margin for 2018 would be 
the difference between these amounts, or 1.5 tpsd of VOC and 33.9 tpsd 
of NOX. The emissions up to the level of the attainment 
year, including the safety margins, are projected to maintain the 
Area's air quality consistent with the 8-hour ozone NAAQS. The safety 
margin is the extra emissions reduction below the attainment levels 
that can be allocated for emissions by various sources as long as the 
total emission levels are maintained at or below the attainment levels. 
Table 6 shows the safety margins for the 2009 and 2018 years.

[[Page 40823]]



      Table 6.--Safety Margins for Greene County Area (2009 & 2018)
------------------------------------------------------------------------
                                      VOC emissions      NOX emissions
          Inventory year                  (tpsd)             (tpsd)
------------------------------------------------------------------------
2004 Attainment...................                7.1               62.0
2009 Interim......................                6.1               27.9
2009 Safety Margin................                1.0               34.1
2004 Attainment...................                7.1               62.0
2018 Final........................                5.6               28.1
2018 Safety Margin................                1.5               33.9
------------------------------------------------------------------------

C. Why Are the MVEBs Approvable?

    The 2009 and 2018 MVEBs for the Greene County Area are approvable 
because the MVEBs for VOCs and NOX continue to maintain the 
total emissions at or below the attainment year inventory levels as 
required by the transportation conformity regulations.

D. What Is the Adequacy and Approval Process for MVEBs in the 
Maintenance Plan?

    The MVEBs for the Greene County Area maintenance plan are being 
posted to EPA's conformity Web site concurrently with this proposal. 
The public comment period will end at the same time as the public 
comment period for this proposed rule. In this case, EPA is 
concurrently processing action on the maintenance plan and the adequacy 
process for the MVEBs contained therein. In this proposed rule, EPA is 
proposing to find the MVEBs adequate and EPA is proposing to approve 
the MVEBs as part of the maintenance plan. The MVEBs cannot be used for 
transportation conformity until the maintenance plan and associated 
MVEBs are approved in a final Federal Register notice, or EPA otherwise 
finds the budgets adequate in a separate action following the comment 
period.
    If EPA receives adverse written comments with respect to the 
proposed approval of the Area's MVEBs, or any other aspect of our 
proposed approval of this updated maintenance plan, we will respond to 
the comments on the MVEBs in our final action or proceed with the 
adequacy process as a separate action. Our action on the Greene County 
Area MVEBs will also be announced on EPA's conformity Web site: http://
www.epa.gov/otaq/stateresources/transconf/index.htm (from there, click 
on ``Adequacy Review of SIP Submissions'').

VIII. Proposed Actions

    EPA is proposing to determine that the Greene County Area has 
attained the 8-hour ozone NAAQS. EPA is also proposing to approve the 
redesignation of the Area from nonattainment to attainment for the 8-
hour ozone NAAQS. EPA has evaluated Pennsylvania's redesignation 
request 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 Area has 
attained the 8-hour ozone standard. The final approval of this 
redesignation request would change the designation of the Greene County 
Area from nonattainment to attainment for the 8-hour ozone standard. 
EPA is also proposing to approve the associated maintenance plan for 
the Area, submitted on January 25, 2007, as a revision to the 
Pennsylvania SIP. EPA is proposing to approve the maintenance plan for 
the Greene County Area because it meets the requirements of section 
175A as described previously in this notice. EPA is also proposing to 
approve the 2002 base-year inventory for the Greene County Area, 
submitted by PADEP on January 25, 2007, along with the revision 
submitted on May 23, 2008 to include new methodology used to project 
the 2009 and 2018 emissions amounts from stationary point sources. 
Finally, EPA is proposing to approve the MVEBs submitted by 
Pennsylvania for the Greene County Area in conjunction with its 
redesignation request. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

IX. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposes to approve 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. 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 proposed 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 proposes to approve 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 proposed 
rule also does 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), nor will it 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), 
because it merely proposes to affect the status of a geographical area, 
does not impose any new requirements on sources, or allow the state to 
avoid adopting or implementing other requirements, and does not alter 
the relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This proposed rule also is not 
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because 
it

[[Page 40824]]

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. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
proposed rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule proposing to approve the redesignation of the Tioga Area to 
attainment for the 8-hour ozone NAAQS, the associated maintenance plan, 
the 2002 base year inventory, and the MVEBs identified in the 
maintenance plan, does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).
    This rule, proposing to approve the redesignation of the Greene 
County Area to attainment for the 8-hour ozone NAAQS, the associated 
maintenance plan, the 2002 base-year inventory, and the MVEBs 
identified in the maintenance plan, does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

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

    Dated: July 3, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8-16278 Filed 7-15-08; 8:45 am]

BILLING CODE 6560-50-P
