

[Federal Register: June 7, 2007 (Volume 72, Number 109)]
[Proposed Rules]
[Page 31495-31507]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn07-29]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0245; FRL-8322-8]


Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Altoona 8-Hour Ozone Nonattainment
Area to Attainment and Approval of the Associated 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) revisions submitted by the Commonwealth of
Pennsylvania. The Pennsylvania Department of Environmental Protection
(PADEP) is requesting that the Altoona ozone nonattainment area
(``Altoona Area'' or ``Area'') be redesignated as attainment for the 8-
hour ozone national ambient air quality standard (NAAQS). The Area is
comprised of Blair County, Pennsylvania. EPA is proposing to approve
the ozone redesignation request for the Altoona Area. In conjunction
with its redesignation request, the Commonwealth submitted a SIP
revision consisting of a maintenance plan for the Altoona 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 Altoona 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 Altoona Area has met the criteria for redesignation to

[[Page 31496]]

attainment specified in the Clean Air Act (CAA). In addition, the
Commonwealth of Pennsylvania has also submitted a 2002 base-year
inventory for the Altoona Area, and EPA is proposing to approve that
inventory for the Altoona 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 Altoona Area for purposes of transportation conformity,
and is also proposing to approve those MVEBs. EPA is proposing approval
of the redesignation request and of 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 July 9, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0245 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail: miller.linda@epa.gov
    C. Mail: EPA-R03-OAR-2007-0245, Linda Miller, Acting 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-
2007-0245. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://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 http://www.regulations.gov or e-mail.

The http://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 http://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
http://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 http://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: Amy Caprio, (215) 814-2156, or by e-
mail at caprio.amy@epa.gov

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

Table of Contents

I. What Are the 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 Altoona Area Adequate and
Approvable?
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews

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

    On February 8, 2007, the PADEP formally submitted a request to
redesignate the Altoona Area from nonattainment to attainment of the 8-
hour NAAQS for ozone. Concurrently, Pennsylvania submitted a
maintenance plan for the Altoona Area as a SIP revision to ensure
continued attainment in the Area over the next 11 years. PADEP also
submitted a 2002 base-year inventory for the Altoona Area as a SIP
revision. The Altoona Area is comprised of Blair County. It is
currently designated a basic 8-hour ozone nonattainment area. EPA is
proposing to determine that the Altoona 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 Altoona Area from nonattainment to attainment for
the 8-hour ozone NAAQS. EPA is also proposing to approve the Altoona
maintenance plan as a SIP revision for the Area (such approval being
one of the CAA criteria for redesignation to attainment status). The
maintenance plan is designed to ensure continued attainment in the
Altoona Area for the next 11 years. EPA is also proposing to approve
the 2002 base-year inventory for the Altoona Area as a SIP revision.
Additionally, EPA is announcing its action on the adequacy process for
the MVEBs identified in the Altoona maintenance plan, and proposing to
approve the MVEBs identified for volatile organic compounds (VOCs) and
nitrogen oxides (NOX) for the Altoona 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 NOX and 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 new 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 Altoona Area
was designated a basic 8-hour ozone nonattainment area in a Federal
Register notice signed on April

[[Page 31497]]

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 Altoona 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). See,
South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C.
Cir. 2006) (hereafter ``South Coast.''). The Court held that certain
provisions of EPA's Phase 1 Rule were inconsistent with the
requirements of the Clean Air Act. The Court rejected EPA's reasons for
implementing the 8-hour standard in nonattainment areas under subpart 1
in lieu of subpart 2 of Title I, part D of the Act. The Court also held
that EPA improperly failed to retain four 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; (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; and (4) the certain conformity
requirements for certain types of federal actions. The Court upheld
EPA's authority to revoke the 1-hour standard provided there were
adequate anti-backsliding provisions. Elsewhere in this document,
mainly in section VI. B. ``The Altoona Area Has Met All Applicable
Requirements Under Section 110 and Part D of the CAA and Has a Fully
Approved SIP Under Section 110(k) of the CAA,'' EPA discusses its
rationale why the decision in South Coast is not an impediment to
redesignating the Altoona 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 Altoona Area was classified a basic 8-hour ozone
nonattainment area based on air quality monitoring data from 2001-2003.
Therefore, the Altoona 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 Altoona Area has a design value of
0.077 ppm for the 3-year period of 2003-2005, using complete, quality-
assured data. Additionally, certified 2006 ozone monitoring data
indicates that the Altoona Area continues to attain the ozone NAAQS.
Therefore, the ambient ozone data for the Altoona Area indicates no
violations of the 8-hour ozone standard.

B. The Altoona Area

    The Altoona Area consists of Blair County, Pennsylvania. Prior to
its designation as an 8-hour ozone nonattainment area, the Altoona Area
was a marginal 1-hour ozone nonattainment Area, and therefore, was
subject to requirements for marginal nonattainment areas pursuant to
section 182(a) of the CAA. See 56 FR 56694 (November 6, 1991). EPA
determined that the Altoona Area has attained the 1-hour ozone NAAQS by
the November 15, 1993 attainment date (60 FR 3349, January 17, 1995).
    On February 8, 2007, the PADEP requested that the Altoona 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 Altoona 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 other CAA redesignation requirements set forth in
section 107(d)(3)(E).

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) of the CAA,
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 Amendments of 1990, 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;

[[Page 31498]]

     ``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 February 8, 2007, the PADEP requested redesignation of the
Altoona Area to attainment for the 8-hour ozone standard. On February
8, 2007, PADEP submitted a maintenance plan for the Altoona Area as a
SIP revision, to ensure continued attainment of the 8-hour ozone NAAQS
over the next 11 years, until 2018. PADEP also submitted a 2002 base-
year inventory concurrently with its maintenance plan as a SIP
revision. EPA has determined that the Altoona 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 Altoona 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 Altoona Area for the next 11 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 2009 and 2018. These MVEBs are displayed in the following
table:

 Table 1.--Motor Vehicle Emissions Budgets in Tons per Summer Day (tpsd)
------------------------------------------------------------------------
                       Year                            VOC        NOX
------------------------------------------------------------------------
2009..............................................        4.2        6.5
2018..............................................        2.8        3.3
------------------------------------------------------------------------

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

    EPA is proposing to determine that the Altoona 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
February 8, 2007 submittal satisfies the requirements of section
107(d)(3)(E) of the CAA.

A. The Altoona Area Has Attained the 8-Hour NAAQS

    EPA is proposing to determine that the Altoona 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 Altoona Area, there is one ozone monitor, located in Blair
County that measures air quality with respect to ozone. As part of its
redesignation request, Pennsylvania referenced ozone monitoring data
for the years 2003-2005 for the Altoona 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, along with the three-year average are
summarized in Table 2.

  Table 2.--Altoona Area Fourth Highest 8-Hour Average Values, Altoona
                   County Monitor/AIRS ID 42-013-0801
------------------------------------------------------------------------
                                                              Annual 4th
                                                               highest
                            Year                               reading
                                                                (ppm)
------------------------------------------------------------------------
2003.......................................................        0.083
2004.......................................................        0.073
2005.......................................................        0.077
2006.......................................................        0.071
------------------------------------------------------------------------
The average for the 3-year period 2003-2005 is 0.077 ppm.
The average for the 3-year period 2004-2006 is 0.074 ppm.

    The air quality data for 2003-2005 show that the Altoona Area has
attained the standard with a design value of 0.077 ppm. The data
collected at the Altoona Area monitor satisfies the CAA requirement
that the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.08 ppm. EPA
believes this conclusion remains valid after review of the certified
2006 data because the design value for 2004-2006 would be 0.074 ppm.
The PADEP's request for redesignation for the Altoona 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 Area has attained the 8-hour ozone NAAQS.

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

    EPA has determined that the Altoona Area has met all SIP
requirements applicable for purposes of this redesignation under
section 110 of the CAA (General SIP Requirements) and

[[Page 31499]]

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 approved 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 Altoona 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 CAA
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 CAA 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
CAA. 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 also sets forth EPA's views on the potential effect of
the Court's ruling in South Coast on this redesignation action. For the
reasons set forth below, EPA does not believe that the Court's ruling
alters any requirements relevant to this redesignation action so as to
preclude redesignation, and does not prevent EPA from finalizing this
redesignation. EPA believes that the Court's decision, as it currently
stands or as it may be modified based upon any petition for rehearing
that has been filed, imposes no impediment to moving forward with
redesignation of this area to attainment, because in either
circumstance redesignation is appropriate under the relevant
redesignation provisions of the Act 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 Altoona 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 Altoona Area
prior to submission of the redesignation request
 2. Part D Nonattainment Requirements Under the 8-Hour Standard
    Pursuant to an April 30, 2004, final rule (69 FR 23951), the
Altoona Area was designated a basic nonattainment area under subpart 1
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
applicable to all nonattainment areas. Section 182 of the CAA, found in
subpart 2 of part D, establishes additional specific requirements
depending on the area's nonattainment classification. With respect to
the 8-hour standard, 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

[[Page 31500]]

subpart 2. Although any future decision by EPA to classify this area
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 redesignation requests 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.
    First, at the time the redesignation request was submitted, the
Altoona 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. See 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. See 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 has 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 of nonattainment 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 plans 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 redesignation additional SIP requirements under subpart 2 that were
not in effect at the time it submitted its redesignation request.
    With respect to 8-hour subpart 2 requirements, if the Altoona Area
initially had been classified under subpart 2, the first two part D
subpart 2 requirements applicable to the Altoona Area under section
182(a) of the CAA would be: A base-year inventory requirement pursuant
to section 182(a)(1) of the CAA, and, the emissions statement
requirement pursuant to section 182(a)(3)(B).
    As stated previously, these requirements are not yet due for
purposes of redesignation of the Altoona Area, but nevertheless,
Pennsylvania already has in its approved SIP, an emissions statement
rule for the 1-hour standard that covers all portions of the designated
8-hour nonattainment area and, that satisfies the emissions statement
requirement for the 8-hour standard. See, 25 Pa. Code 135.21(a)(1),
codified at 40 CFR 52.2020; 60 FR 2881, January 12, 1995. With respect
to the base year inventory requirement, in this notice of proposed
rulemaking, EPA is proposing to approve the 2002 base-year inventory
for the Altoona Area, which was submitted on February 8, 2007,
concurrently with its maintenance plan, into the Pennsylvania SIP. EPA
is proposing to approve the 2002 base year inventory as fulfilling the
requirements, if necessary, of both section 182(a)(1) and section
172(c)(3) of the CAA. A detailed evaluation of Pennsylvania's 2002
base-year inventory for the Altoona Area can be found in a Technical
Support Document (TSD) prepared by EPA for this rulemaking. EPA has
determined that the emission inventory and emissions statement
requirements for the Altoona Area have been satisfied.
    In addition to the fact that Part D requirements applicable for
purposes of redesignation did not become due prior to submission of the
redesignation request, EPA believes that the general conformity and NSR
requirements do not require 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 the 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 Altoona Area, EPA has also determined that
before being redesignated, the Altoona Area need not comply with the
requirement that a NSR program be approved prior to redesignation. EPA
has determined that areas being redesignated need not comply with the
requirement that a NSR program be approved prior to redesignation,
provided that the area demonstrates maintenance of the standard without
Part D NSR in effect. The rationale for this position is described in a
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled, ``Part D NSR Requirements
or Areas Requesting Redesignation to Attainment.'' Normally, State's
Prevention of Significant Deterioration (PSD) program will become
effective in the area immediately upon redesignation to attainment. See
the more detailed explanations in the following redesignation
rulemakings: Detroit, MI (60 FR 12467-12468 (March 7, 1995); Cleveland-
Akron-Lorrain, OH (61 FR 20458, 20469-70, May 7, 1996); Louisville, KY
(66 FR 53665, 53669, October 23, 2001); Grand Rapids, MI (61 FR 31831,
31836-31837, June 21, 1996). In the case of the Altoona Area the
Chapter 127 Part D NSR regulations in the Pennsylvania SIP (codified at
40 CFR 52.2020(c)(1)) explicitly apply the requirements for NSR in
section 184 of the CAA to ozone attainment areas within the OTR. The
OTR NSR requirements are more stringent than that required for a
marginal or basic ozone nonattainment area. On October 19, 2001 (66 FR
53094), EPA fully approved Pennsylvania's NSR SIP revision consisting
of Pennsylvania's Chapter 127 Part D NSR regulations that cover the
Altoona Area.
    EPA has also interpreted the section 184 OTR requirements,
including the NSR program, as not being applicable for purposes of
redesignation. The rationale for this is based on two

[[Page 31501]]

considerations. First, the requirement to submit SIP revisions for the
section 184 requirements continues to apply to areas in the OTR after
redesignation to attainment. Therefore, the State remains obligated to
have NSR, as well as RACT, and Vehicle Inspection and Maintenance
programs even after redesignation. Second, the section 184 control
measures are region-wide requirements and do not apply to the Altoona
Area by virtue of the Area's designation and classification. See 61 FR
53174, 53175-53176 (October 10, 1996) and 62 FR 24826, 24830-32 (May 7,
1997).
3. Part D Nonattainment Area Requirements Under the 1-Hour Standard
    In its December 22, 2006 decision in South Coast, the Court also
addressed EPA's revocation of the 1-hour ozone standard. The current
status of the revocation and associated anti-backsliding rules is
dependent on whether the Court's decision stands as originally issued
or is modified in response to any petition for rehearing or request for
clarification that has been filed. As described more fully below, EPA
determined that the Altoona Area attained the 1-hour standard by its
attainment date (60 FR 3349, January 17, 1995), continues to attain
that standard, and has fulfilled any requirements of the 1-hour
standard that would apply even if the 1-hour standard is reinstated and
those requirements are viewed as applying under the statute itself.
Thus, the Court's decision, as it currently stands, imposes no
impediment to moving forward with redesignation of the Area to
attainment.
    The conformity portion of the Court's ruling does not impact the
redesignation request for the Altoona Area because there are no
conformity requirements that are relevant to redesignation request for
any standard, including the requirement to submit a transportation
conformity SIP.\1\ As we have previously noted, under longstanding EPA
policy, EPA believes it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of evaluating a redesignation
request under section 107(d) because state conformity rules are still
required after redesignation and federal conformity rules apply where
state rules have not been approved. 40 CFR 51.390. See, Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), upholding this interpretation. See also,
60 FR 62748 (Dec. 7, 1995) (Tampa, Florida redesignation).
---------------------------------------------------------------------------

    \1\ Clean Air Act section 176(c)(4)(E) currently requires States
to submit revisions to their SIPs to reflect certain federal
criteria and procedures for determining transportation conformity.
Transportation conformity SIPs are different from the motor vehicle
emissions budgets that are established in control strategy SIPs and
maintenance plans.
---------------------------------------------------------------------------

    With respect to the requirement for submission of contingency
measures for the 1-hour standard, section 182(a) does not require
contingency measures for marginal areas, and, therefore, that portion
of the Court's ruling does not impact the redesignation request for the
Altoona Area.
    Prior to its designation as an 8-hour ozone nonattainment area, the
Altoona Area was designated a marginal nonattainment area for the 1-
hour standard. With respect to the 1-hour standard, the applicable
requirements of subpart 1 and of subpart 2 of Part D (section 182) for
the Altoona Area are discussed in the following paragraphs:
    Section 182(a)(2)(A) required SIP revisions to correct or amend
RACT for sources in marginal areas, such as the Altoona Area, that were
subject to control technique guidelines (CTGs) issued before November
15, 1990 pursuant to CAA section 108. On December 22, 1994, EPA fully
approved into the Pennsylvania SIP all corrections required under
section 182(a)(2)(A) of the CAA (59 FR 65971, December 22, 1994). EPA
believes that this requirement applies only to marginal and higher
classified areas under the 1-hour NAAQS pursuant to the 1990 amendments
to the CAA; therefore, this is a one-time requirement. After an area
has fulfilled the section 182(a)(2)(A) requirement for the 1-hour
NAAQS, there is no requirement under the 8-hour NAAQS.
    Section 182(a)(2)(B) relates to the savings clause for vehicle
inspection and maintenance (I/M). It requires marginal areas to adopt
vehicle I/M programs. This provision was not applicable to the Altoona
Area because this area did not have and was not required to have an I/M
program before November 15, 1990.
    Section 182(a)(3)(A) requires a triennial Periodic Emissions
Inventory for the nonattainment area. The most recent inventory for the
Altoona Area was compiled for 2002 and submitted to EPA as a SIP
revision with the maintenance plan for the Altoona Area.
    With respect to NSR, EPA has determined that areas being
redesignated need not have an approved New Source Review program for
the same reasons discussed previously with respect to the applicable
part D requirements for the 8-hour standard.
    Section 182(a)(3)(B)--This provision of the Act requires sources of
VOCs and NOX in the nonattainment area to submit annual
Emissions Statements regarding the quantity of emissions from the
previous year. As discussed previously, Pennsylvania already has in its
approved SIP, a previously approved emissions statement rule for the 1-
hour standard, which applies to the Altoona Area.
    Section 182(a)(1)--This provision of the Act provides for the
submission of a comprehensive, accurate, current inventory of actual
emissions from all sources, as described in section 172(c)(3), in
accordance with guidance provided by the Administrator. In this
proposed rule, EPA is proposing to approve a 2002 base year emissions
inventory for the Altoona Area as meeting the requirement of section
182(a)(1). While EPA generally required that the base year inventory
for the 1-hour standard be for calendar year 1990, EPA believes that
Pennsylvania's 2002 inventory fulfills this requirement because it
meets EPA's guidance and because it is more current than 1990. EPA also
proposes to determine that, if the 1-hour standard is deemed to be
reinstated, the 2002 base year inventory for the 8-hour standard will
provide an acceptable substitute for the base year inventory for the 1-
hour standard.
    EPA has previously determined that the Altoona Area has attained
the 1-hour ozone NAAQS by the November 15, 1993 attainment date (60 FR
3349, January 17, 1995), and we believe that the Altoona Area is still
in attainment for the 1-hour ozone NAAQS based upon the ozone
monitoring data for the years 2003-2005. To demonstrate attainment,
i.e., compliance with this standard, the annual average of the number
of expected exceedances of the 1-hour standard over a three-year period
must be less than or equal to 1. Table 3 provides a summary of the
number of expected exceedances for each of the years 2003 through 2005
and three-year annual average.

   Table 3.--Altoona Area Number of Expected Exceedances of the 1-Hour
       Ozone Standard; Altoona County Monitor/AIRS ID 42-013-0801
------------------------------------------------------------------------
                                                              Number of
                            Year                               expected
                                                             exceedances
------------------------------------------------------------------------
2003.......................................................          1.0
2004.......................................................          0.0
2005.......................................................          0.0
2006.......................................................         0.0
------------------------------------------------------------------------
The average number of expected exceedances for the 3-year period 2003
  through 2005 is 0.3.

[[Page 31502]]


The average number of expected exceedances for the 3-year period 2004-
  2006 is 0.0.

    In summary, EPA has determined that the data submitted by
Pennsylvania and taken from AQS indicates that Altoona Area is
maintaining air quality that conforms to the 1-hour ozone NAAQS. EPA
believes this conclusion remains valid after review of the certified
2006 data because no exceedances were recorded in the Altoona Area in
2006.
4. Transport Region Requirements
    All areas in the Ozone Transport Region (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 the Altoona Area, which is located in the OTR,
nonattainment NSR will be applicable after redesignation. As discussed
previously, EPA has fully approved Pennsylvania's NSR SIP revision
which applies the requirements for NSR of section 184 of the CAA to
attainment areas within the OTR.
    As discussed previously in this notice, EPA has also interpreted
the section 184 OTR requirements, including NSR, as not being
applicable for purposes of redesignation. See, 61 FR 53174, October 10,
1996 and 62 FR 24826, May 7, 1997 (Reading, Pennsylvania
Redesignation).
5. Altoona 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.

C. The Air Quality Improvement in the Altoona 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 Altoona 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 4.

              Table 4.--Total VOC and NOX Emissions for 2002 and 2004 in Tons per Summer Day (tpsd)
----------------------------------------------------------------------------------------------------------------
                      Year                        Point \*\       Area       Nonroad       Mobile       Total
----------------------------------------------------------------------------------------------------------------
                                        Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
2002...........................................          1.2          5.8          2.0          6.3         15.3
2004...........................................          1.2          5.6          1.8          5.4         14.0
Diff (02-04)...................................         -0.0         -0.2         -0.2         -0.9         -1.3
----------------------------------------------------------------------------------------------------------------
                                              Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
2002...........................................          1.6          0.9          5.5         10.0         18.0
2004...........................................          2.3          0.9          5.1          8.8         17.1
Diff (02-04)...................................          0.7          0.0         -0.4         -1.2        -0.9
----------------------------------------------------------------------------------------------------------------
\*\ The stationary point source emissions shown here do not include banked emission credits of 68.9 tpd of VOC
  and 4.4 tpd of NOX as indicated in Technical Appendix A-4 to Pennsylvania's SIP submission.

    Between 2002 and 2004, VOC emissions decreased by 1.3 tpsd from
15.3 tpsd to 14.0 tpsd; NOX emissions decreased by 0.9 tpsd
from 18.0 tpsd to 17.1 tpsd. These reductions, and anticipated future
reductions, are due to the following permanent and enforceable
measures.
1. Stationary Point Sources
Federal 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 (56 FR 25724, June 5, 1991)
    --Tier 2 (65 FR 6698, February 10, 2000)
Heavy-duty Engine and Vehicle Standards (62 FR 54694, October 21, 1997,
and 65 FR 59896, October 6, 2000)
National Low Emission Vehicle (NLEV) Program (PA) (64 FR 72564,
December 28, 1999)
Vehicle Emission Inspection/Maintenance Program (70 FR 58313, October
6, 2005)
4. Non-Road Sources
Non-road Diesel (69 FR 38958, June 29, 2004)

    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 Area achieving attainment of the 8-hour ozone standard.

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

    In conjunction with its request to redesignate the Altoona 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 11 years
after redesignation. The Commonwealth is requesting that EPA approve
this SIP revision as meeting the requirement of CAA 175A. Once
approved, the maintenance plan for the 8-hour ozone NAAQS will ensure
that the SIP for Altoona 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

[[Page 31503]]

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 Altoona 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.
    The 2002 and 2004 point source data was compiled from actual
sources. 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 Systems and EPA's
publication series AP-42, and are based on Source Classification Codes
(SCC). The 2002 area source data was compiled using county-level
activity data, from census numbers, from county numbers, etc. The 2004
area source data was projected from the 2002 inventory using temporal
allocations provided by the Mid-Atlantic Regional Air Management
Association (MARAMA).
    The on-road mobile source inventories for 2002 and 2004 were
compiled using MOBILE6.2 and Pennsylvania Department of Transportation
(PENNDOT) estimates for VMT. The PADEP has provided detailed data
summaries to document the calculations of mobile on-road VOC and
NOX emissions for 2002, as well as for the projection years
of 2004, 2009, and 2018 (shown in Tables 5 and 6 below). The 2002 and
2004 emissions for the majority of non-road emission source categories
were estimated using the EPA NONROAD 2005 model. The NONROAD model
calculates emissions for diesel, gasoline, liquefied petroleum
gasoline, and compressed natural gas-fueled non-road equipment types
and includes growth factors. The NONROAD model does not estimate
emissions from locomotives or aircraft. For 2002 and 2004 locomotive
emissions, the PADEP projected emissions from a 1999 survey using
national fuel consumption information and EPA emission and conversion
factors. There are no significant commercial aircraft operations
(aircraft that can seat over 60 passengers) in Blair County. The
Altoona Airport in Blair County supports some air taxi operations that
account for a very small amount of emissions. For 2002 and 2004
aircraft emissions, PADEP estimated emissions using small airport
operations 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 be found in the Technical Appendices,
which are part of this submittal.
    (b) Maintenance Demonstration--On February 8, 2007, the PADEP
submitted a maintenance plan as required by section 175A of the CAA.
The Altoona 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 year 2004 emissions
levels throughout the Altoona 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 5 and 6 specify the VOC and NOX emissions for the
Altoona 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.

           Table 5.--Total VOC Emissions for 2004-2018 (tpsd)
------------------------------------------------------------------------
                                     2004 VOC     2009 VOC     2018 VOC
         Source category            emissions    emissions    emissions
------------------------------------------------------------------------
Point\*\.........................          1.2          1.2          1.5
Area.............................          5.6          5.8          5.3
Mobile...........................          5.4          4.2          2.8
Nonroad..........................          1.8          1.4          1.3
                                  --------------------------------------
    Total........................         14.0         12.6        10.9
------------------------------------------------------------------------
\*\ Totals may vary due to rounding.


           Table 6.--Total NOX Emissions for 2004-2018 (tpsd)
------------------------------------------------------------------------
                                     2004 NOX     2009 NOX     2018 NOX
         Source category            emissions    emissions    emissions
------------------------------------------------------------------------
Point\*\.........................          2.3          1.7          1.8
Area.............................          0.9          0.9          0.9
Mobile...........................          8.8          6.5          3.3

[[Page 31504]]


Non-road.........................          5.1          4.2          3.1
                                  --------------------------------------
    Total........................         17.1         13.3         9.1
------------------------------------------------------------------------
\*\ Totals may vary due to rounding.

    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 Clean Air Interstate Rule (CAIR) (71 FR 25328, April
28, 2006).
     The Federal NOX SIP Call (66 FR 43795, August
21, 2001).
     Area VOC regulations concerning portable fuel containers
(69 FR 70893, December 8, 2004), consumer products (69 FR 70895,
December 8, 2004), and architectural and industrial maintenance
coatings (AIM) (69 FR 68080, November 23, 2004).
     Federal Motor Vehicle Control Programs (light-duty ) (Tier
1, Tier 2; 56 FR 25724, June 5, 1991; 65 FR 6698, February 10, 2000).
     Vehicle emission/inspection/maintenance program (70 FR
58313, October 6, 2005).
     Heavy duty diesel on-road (2004/2007) and low sulfur on-
road (2006); 66 FR 5002, (January 18, 2001).
     Non-road emission standards (2008) and off-road diesel
fuel 2007/2010); 69 FR 38958 (June 29, 2004).
     NLEV/PA Clean Vehicle Program (54 FR 72564, December 28,
1999)--Pennsylvania will implement this program in car model year 2008
and beyond.
     Pennsylvania Heavy-Duty Diesel Emissions Control Program.
(May 10, 2002).
    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 Altoona Area.
    (c) Monitoring Network--There is currently one monitor measuring
ozone in the Altoona Area. PADEP will continue to operate its current
air quality monitor (located in Blair County), in accordance with 40
CFR part 58.
    (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 Vehicle
Miles Traveled (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 part 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 Altoona 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 Altoona 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 concentrations at the Blair
County monitor are 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 Altoona County,
Pennsylvania 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 Altoona 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 retrofit, 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.

[[Page 31505]]

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

VII. Are the Motor Vehicle Emissions Budgets Established and Identified
in the Altoona Maintenance 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., RFP 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 the 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, that 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
CAA. 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 Altoona Area are listed in Table 1 of this
document for 2009 and 2018, and are 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 Altoona Area first attained the 8-hour ozone NAAQS during
the 2002 to 2004 time period. The State used 2004 as the year to
determine attainment levels of emissions for the Altoona Area. The
total emissions from point, area, mobile on-road, and mobile non-road
sources in 2004 equaled 14.0 tpsd of VOC and 17.1 tpsd of
NOX. The PADEP projected emissions out to the year 2018 and
projected a total of 10.9 tpsd of VOC and 9.1 tpsd of NOX
from all sources in the Altoona Area. The safety margin for 2018 would
be the difference between these amounts, or 3.1 tpsd of VOC and 8.0
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
7 shows the safety margins for the 2009 and 2018 years.

           Table 7.--2009 and 2018 Safety Margins for Altoona
------------------------------------------------------------------------
                                                    VOC          NOX
                Inventory year                   emissions    emissions
                                                   (tpsd)       (tpsd)
------------------------------------------------------------------------
2004 Attainment...............................         14.0         17.1
2009 Interim..................................         12.6         13.3
2009 Safety Margin............................          1.4          3.8
2004 Attainment...............................         14.0         17.1
2018 Final....................................         10.9          9.1
2018 Safety Margin............................          3.1          8.0
------------------------------------------------------------------------

    The PADEP allocated 0.4 tpsd VOC and 0.4 tpsd NOX to the
2009 interim VOC projected on-road mobile source emissions projection
and the 2009 interim NOX projected on-road mobile source
emissions projection to arrive at the 2009 MVEBs. For the 2018 MVEBs
the PADEP allocated 0.6 tpsd VOC and 0.5 tpsd NOX from the
2018 safety margins to arrive at the 2018 MVEBs. Once allocated to the
mobile source budgets these portions of the safety margins are no
longer available, and may no longer be allocated to any other source
category. Table 8 shows the final 2009 and 2018 MVEBS for Altoona.

             Table 8.--2009 and 2018 Final MVEBs for Altoona
------------------------------------------------------------------------
                                                    VOC          NOX
                Inventory year                   emissions    emissions
                                                   (tpsd)       (tpsd)
------------------------------------------------------------------------
2009 projected on-road mobile source projected          3.8          6.1
 emissions....................................

[[Page 31506]]


2009 Safety Margin Allocated to MVEBs.........          0.4          0.4
2009 MVEBs....................................          4.2          6.5
2018 projected on-road mobile source projected          2.2          2.8
 emissions....................................
2018 Safety Margin Allocated to MVEBs.........          0.6          0.5
2018 MVEBs....................................          2.8          3.3
------------------------------------------------------------------------

C. Why Are the MVEBs Approvable?

    The 2009 and 2018 MVEBs for the Altoona 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 the MVEBs in the
Altoona Maintenance Plan?

    The MVEBs for the Altoona 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
the 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 also 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 Altoona 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 Altoona Area
MVEBs will also be announced on EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/index.htm
 (once there, click

on ``Adequacy Review of SIP Submissions'').

VIII. Proposed Actions

    EPA is proposing to determine that the Altoona Area has attained
the 8-hour ozone NAAQS. EPA is also proposing to approve the
redesignation of the Altoona 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 Altoona
Area has attained the 8-hour ozone standard. The final approval of this
redesignation request would change the designation of the Altoona Area
from nonattainment to attainment for the 8-hour ozone standard. EPA is
also proposing to approve the associated maintenance plan for the
Altoona Area, submitted on February 8, 2007, as a revision to the
Pennsylvania SIP. EPA is proposing to approve the maintenance plan for
the Altoona 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 Altoona Area, and the MVEBs
submitted by Pennsylvania for the Altoona 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. 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 approve a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
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 Altoona
Area to

[[Page 31507]]

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 dioxide,
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: May 31, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
 [FR Doc. E7-11019 Filed 6-6-07; 8:45 am]

BILLING CODE 6560-50-P
