	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0453; FRL-         ]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 2002 Base Year Inventory for the Pittsburgh-Beaver Valley
8-Hour Ozone Nonattainment Area 

AGENCY:	Environmental Protection Agency (EPA).

ACTION:	Final rule.

SUMMARY:  EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania.  This revision
establishes a 2002 base year inventory for the Pittsburgh-Beaver Valley,
Pennsylvania, ozone nonattainment area (the Pittsburgh Area).  The
intended effect of this action is to approve a 2002 base year inventory
for the Pittsburgh Area.  This action is being taken under the Clean Air
Act.

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0453.  All documents in the docket are listed in
the www.regulations.gov website.  Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute.  Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form.  Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

 

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or
by e-mail at   HYPERLINK "mailto:cripps.christopher@epa.gov" 
cripps.christopher@epa.gov .

SUPPLEMENTARY INFORMATION:  

Throughout this document whenever “we”, “us”, or “our” is
used, we mean EPA.

I.  Background	

On July 11, 2007 (72 FR 37683), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania (the July 11, 2007
NPR).  The July 11, 2007 NPR proposed approval of a request submitted by
the Pennsylvania Department of Environmental Protection (PADEP) that the
Pittsburgh Area be redesignated as attainment for the 0.08 parts per
million (ppm) 8-hour ozone national ambient air quality standard (NAAQS)
that was promulgated on July 18, 1997 (62 FR 38856) (the “1997 8-hour
ozone NAAQS”).  The July 11, 2007 NPR proposed approval of a SIP
revision comprising a maintenance plan for the Pittsburgh Area that
provides for continued attainment of the 1997 8-hour ozone NAAQS for at
least 10 years after redesignation and the motor vehicle emission
budgets (MVEBs) that were identified in this maintenance plan for
purposes of transportation conformity.  The July 11, 2007 NPR also
proposed approval of a 2002 base year inventory for the Pittsburgh Area
as a SIP revision.  

The PADEP submitted the formal SIP revisions and the request that the
Pittsburgh Area be redesignated to attainment of the 1997 8-hour ozone
NAAQS (the “redesignation request”) on April 26, 2007.  

On May 29, 2008, the PADEP submitted a letter to formally withdraw the
redesignation request and the maintenance plan SIP revision.  On August
1, 2008, PADEP affirmed that the Commonwealth was not withdrawing the
2002 base year emissions inventory SIP revision submitted on April 26,
2007, and submitted an amended SIP revision document which struck-out
the maintenance plan elements leaving only the 2002 base year emissions
inventory.  The Commonwealth of Pennsylvania has withdrawn the
redesignation request and the maintenance plan SIP revision from our
consideration.  In a separate action, we are withdrawing our proposed
actions on the redesignation request and on the maintenance plan and the
MVEBs identified therein.  

As discussed in the July 11, 2007 NPR, we proposed to approve the 2002
base year emissions inventory for the Pittsburgh Area to fulfill the
inventory requirements, as necessary, of both section 172(c)(3) and
section 182(a)(1) of the Clean Air Act.  See, 72 FR 37863 at 37688, July
11, 2007.

II. Summary of SIP Revision

The 2002 base year inventory establishes a comprehensive inventory for
both volatile organic compounds (VOC), nitrogen oxides (NOx) and carbon
monoxide (CO) emissions in the Pittsburgh Area, including point, area,
mobile on-road, and mobile non-road sources for a base year of 2002.  A
summary of the VOC and NOx emissions in tons per year (tpy) and in tons
per day (tpd) by sector are presented in Table 1.

Table 1:   Pittsburgh Area 2002 Base Year Inventory 

 	VOC Emissions	NOx Emissions	CO Emissions

Source Sector	tpy	tpd	tpy	tpd	tpy	tpd

Point Sources	6134.0	16.5	92842.2	250.4	50966.0	134.5

Nonpoint Sources 	40162.6	100.3	33052.2	11.5	33052.2	61.6

Onroad Mobile Sources	29285.5	86.4	493445.8	173.9	493445.8	630.1

Nonroad Mobile Sources	15193.1	51.5	174583.3	86.1	174583.3	1105.6

TOTAL Emissions	90775.2	254.7	793923.5	521.9	752047.3	1931.8



Other specific requirements for the 2002 base year inventory and the
rationale for EPA's proposed action are explained in the July 11, 2007
NPR and will not be restated here.  No public comments were received on
the July 11, 2007 NPR.

III.	Final Action

EPA is approving the 2002 base year inventory for the Pittsburgh Area as
a revision to the Pennsylvania SIP.  

IV.  Statutory and Executive Order Reviews 

A.  General Requirements 

Under the Clean Air Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations.  42 U.S.C. 7410(k); 40 CFR 52.02(a).  Thus, in
reviewing SIP submissions, EPA’s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law.  For that reason, this action:

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);  

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);  

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);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997); 

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355, May 22, 2001); 

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with the
Clean Air Act; and 

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

B.  Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.  A major rule cannot
take effect until 60 days after it is published in the Federal Register.
 This action is not a “major rule” as defined by 5 U.S.C. 804(2). 

C.  Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [Insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.  This action to approve a 2002 base year inventory for
the Pittsburgh Area may not be challenged later in proceedings to
enforce its requirements.  (See section 307(b)(2).)

List of Subjects in 40 CFR part 52 

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Volatile organic compounds.

                                                                        
                             /s/

November 7, 2008                                                      
_____________________    

Dated:                            			 	Donald S. Welsh,                 
               								Regional Administrator,

                                  					Region III.

40 CFR part 52 is amended as follows: 

PART 52 - [AMENDED] 

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

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

Subpart NN(Pennsylvania

2. In ( 52.2020, the table in paragraph (e)(1) is amended by adding an
entry for the 2002 Base Year Emissions Inventory for the
Pittsburgh-Beaver Valley Nonattainment Area at the end of the table to
read as follows:

( 52.2020  	Identification of plan.

* 	* 	* 	* 	*

(e)***

(1) ***

Name of non-regulatory SIP revision 	

Applicable geographic area	

State submittal date 	

EPA approval date	

Additional explanation



*    *    *    *   *   *   *  



2002 Base Year Emissions Inventory	

Pittsburgh-Beaver Valley Nonattainment Area:  Allegheny, Armstrong,
Beaver, Butler, Fayette, Washington, and Westmoreland counties	

4/26/07	

[Insert Federal Register publication date] [Insert page number where the
document begins]	





*	*	*	*	*

 On March 27, 2008 (73 FR 16436), EPA revised the level of the primary
and secondary 8-hour ozone NAAQS to 0.075 ppm, but the Pittsburgh area
has not been designated under this revision to the NAAQS.  

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