	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Parts 52 and 81

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

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.

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, 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 [insert date 30
days from date of publication].  

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:    HYPERLINK "mailto:powers.marilyn@epa.gov" 
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 website 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

What Are the Clean Air Actions EPA Is Proposing to Take?

What Is the Background for These Proposed Actions?

 What Are the Criteria for Redesignation to Attainment?

 Why Is EPA Taking These Actions?

 What Would Be the Effect of These Actions?

 What Is EPA’s Analysis of the Commonwealth’s Request?

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

Proposed Actions

Statutory and Executive Order Reviews

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 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, o  SEQ CHAPTER \h \r 1 n 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) (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 D. C. Circuit clarified
that the Phase 1 Rule was vacated only with regard to those parts of the
rule that had been successfully challenged.  Therefore, the Phase 1 Rule
provisions related to classifications for areas currently classified
under subpart 2 of Title I, part D of the Act as 8-hour nonattainment
areas, the 8-hour attainment dates and the timing for emissions
reductions needed for attainment of the 8-hour ozone NAAQS remain
effective.  The June 8 decision left intact the Court’s rejection of
EPA’s reasons for implementing the 8-hour standard in certain
nonattainment areas under Subpart 1 in lieu of subpart 2. By limiting
the vacatur, the Court let stand EPA’s revocation of the 1-hour
standard and those anti-backsliding provisions of the Phase 1 Rule that
had not been successfully challenged.  The June 8 decision reaffirmed
the December 22, 2006 decision that EPA had improperly failed to retain
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.  

 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:

“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

Year	Annual 4th High Reading (ppm)

2003	0.083

2004	0.075

2005	0.085

2006	0.077

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 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 D.C. Circuit recognized the inequity in such retroactive
rulemaking.  See, Sierra Club v. Whitman, 285 F. 3d 63 (D.C. Cir. 2002),
in which the D.C. 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 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)

                                             Volatiles Organic Compounds
(VOC)

Year	Point	Area	Mobile	Nonroad	Total

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)

Year	Point	Area	Mobile	Nonroad	Total

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. 

  Stationary Point Sources 

NOx SIP Call (66 FR 43795, August 21, 2001)

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)

	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   HYPERLINK "http://www.airnav.com" 
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.

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.

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 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.

Table 6:  Safety Margins for Greene County Area (2009 & 2018)

Inventory Year	VOC Emissions (tpsd)	NOx Emissions (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 website 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 Website:    HYPERLINK
"http://www.epa.gov/otaq/stateresources/transconf/index.htm" 
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 Fed. Reg. 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 (Public Law 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 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, 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.

____July 3, 2008________________           
___________/s/_________________

Dated:                                                      	Donald S.
Welsh,

Regional Administrator,

                                                                 	Region
III.

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