	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0511; FRL-       ]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 

Carbon Monoxide Maintenance Plan Update; Limited Maintenance Plan 

in Philadelphia County 

AGENCY:	Environmental Protection Agency (EPA).

ACTION:	Direct final rule.

SUMMARY:	EPA is taking direct final action to approve a revision to the
Pennsylvania State Implementation Plan (SIP) that was submitted on March
19, 2007 by the Pennsylvania Department of the Environment.  This
revision is a conversion of the currently approved full maintenance plan
for carbon monoxide for the years 2007-2017, to a maintenance plan that
will utilize a limited maintenance plan option for the same period. 
This will allow Federal actions requiring conformity determinations to
be considered as automatically satisfying the budget test for carbon
monoxide.  EPA is approving these revisions to the Philadelphia County
carbon monoxide maintenance plan in accordance with the requirements of
the Clean Air Act (the Act).  This action is being taken under section
110 of the Act.

             

DATES:  This rule is effective on [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  If EPA receives such comments, it will publish a
timely withdrawal of the direct final rule in the Federal Register and
inform the public that the rule will not take effect.

ADDRESSES:  Submit your comments, identified by Docket ID Number 

EPA-R03-OAR-2007-0511 by one of the following methods:

A.	  HYPERLINK "http://www.regulations.gov"  www.regulations.gov . 
Follow the on-line instructions for submitting comments.

B.	E-mail:  powers.marilyn@epa.gov

C.	Mail:   EPA-R03-OAR-2007-0511, Marilyn Powers, 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-2007-0511.  EPA's policy is that all comments received will
be included in the public docket without change, and  may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.  Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov or
e-mail.  The www.regulations.gov website is an (anonymous access(
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through 
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.  Copies of the State submittal
are available at the Pennsylvania Department of Environmental Resources
Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105; and the Department of Public Health, Air
Management Services, 321 University Avenue, Philadelphia, Pennsylvania
19104.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215)
814-2174, 

or by e-mail at    HYPERLINK "mailto:magliocchetti.catherine@epa.gov" 
magliocchetti.catherine@epa.gov . 

SUPPLEMENTARY INFORMATION:  Throughout this document, whenever
“we,” “us,” or “our” is used, we mean EPA.  This
supplementary information is arranged as follows:

I. 	What is the Background of this SIP Revision?

II.  	What is a Limited Maintenance Plan?

III. 	What Does this Mean for Transportation Conformity?

What Final Action is EPA Taking Today?

Statutory and Executive Order Reviews

I. 	What is the Background of this SIP Revision?

On March 19, 2007, the Pennsylvania Department of Environmental
Protection submitted a SIP revision to EPA, requesting that EPA convert
the previously approved second follow-on ten year carbon monoxide
maintenance plan, covering the years 2007-2017, to a limited maintenance
plan designation.  

In 1991, EPA designated part of Philadelphia County as a carbon monoxide
nonattainment area (see 56 FR 56694, 11/6/91).  The Commonwealth of
Pennsylvania subsequently developed a state implementation plan to
control carbon monoxide emissions, utilizing federal and state control
measures, ultimately resulting in attainment of the carbon monoxide
National Ambient Air Quality Standard (NAAQS).  The area was
redesignated to attainment, effective March 15, 1996 (61 FR 2926,
1/30/96) and the ten year maintenance plan covering the period 1997-2007
was also approved.  Following this period, in accordance with §175A(b)
of the Act, on September 3, 2004, Pennsylvania submitted a second ten
year follow-on maintenance plan, covering the period 2007-2017,
providing for continued attainment of the carbon monoxide NAAQS in
Philadelphia County.  This maintenance plan, approved by EPA (70 FR
16958, 4/4/05) and effective on June 3, 2005, established a motor
vehicle emissions budget for carbon monoxide that is considered
constraining for the purposes of determining conformity with the
approved SIP.  The purpose of the latest SIP revision is to convert the
full maintenance plan to a limited maintenance plan, which will allow
for emissions budgets in the affected area to be treated as essentially
not constraining for the purposes of future transportation and general
conformity determinations.  

II.  	What is a Limited Maintenance Plan?

EPA detailed the limited maintenance plan option in a memorandum
entitled, “Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas,” signed by Joseph Paisie, Group Leader,
Integrated Policy and Strategies Group, Office of Air Quality Planning
and Standards (OAQPS), dated October 6, 1995.  Pursuant to this
approach, we will consider the maintenance demonstration satisfied for
“nonclassified” areas if the monitoring data show that the design
value is at or below 7.65 parts per million (ppm), which is equal to 85
percent of the level of the 8-hour carbon monoxide NAAQS.  The design
value must be based on eight consecutive quarters of data.  For such
areas, there is no requirement to project emissions of air quality over
the maintenance period.  We believe that if the area begins the
maintenance period at or below 85 percent of the 8-hour carbon monoxide
NAAQS, then the applicability of Prevention of Significant Deterioration
(PSD) requirements, the control measures already in the SIP, and Federal
measures, should provide adequate assurance of maintenance over the
10-year maintenance period.

In addition, the design value for the area must continue to be at or
below 7.65 ppm until the time of the final EPA action.  Current carbon
monoxide design values for Philadelphia County meet the requirements for
a limited maintenance plan.  The current design value in Philadelphia
for carbon monoxide is 3.4 ppm, and recent design values have been
between one-third to less than one-half of the NAAQS for this pollutant.
 Projections of ambient air quality throughout the maintenance period
conclude that the 2017 design value for carbon monoxide would be 2.2
ppm.  Accordingly, we believe this redesignated carbon monoxide
attainment area qualifies for use of a limited maintenance plan.

Further, the EPA guidance document referenced above, sets forth the core
criteria for a limited maintenance plan.  All of these criteria were met
in the full maintenance plan approved by EPA and effective June 3, 2005
(70 FR 16958, 4/4/05), and will not be restated here, as this action
only relates to use of the limited maintenance plan option in the
context of determining conformity with the SIP.

III. 	What Does this Mean for Transportation Conformity?

Section 176(c) of the Act defines transportation conformity as
conformity to the SIP’s purpose of eliminating or reducing the
severity and number of violations of the NAAQS and achieving expeditious
attainment of such standards.  The Act further defines transportation
conformity to mean that no Federal transportation activity will: (1)
cause or contribute to any new violation of any standard in any area,
(2) increase the frequency or severity of any existing violation of a
standard in any area; or (3) delay timely attainment of any standard in
any area.  The Federal Transportation Conformity Rule, 40 CFR Part 93,
subpart A, sets forth the criteria and procedures for demonstrations
assuring conformity of transportation plans, programs and projects that
are developed, funded or approved by the U.S. Department of
Transportation, and by metropolitan planning organizations or other
recipients of funds under Title 23 U.S.C. of the Federal Transit
Administration (49 U.S.C. Chapter 53).  The transportation conformity
rule applies within all nonattainment and maintenance areas.  As
prescribed by the transportation conformity rule, once an area has an
applicable state implementation plan with motor vehicle emissions
budgets, the expected emissions from planned transportation activities
must be consistent with (i.e., conform to) such established budgets for
that area. 

In the case of the Philadelphia County, Pennsylvania, carbon monoxide
limited maintenance plan area, however, the emissions budgets may be
treated as essentially non-constraining for the length of the second
maintenance period as long as the area continues to meet the limited
maintenance plan criteria.  There is no reason to expect that this area
will experience so much growth in that period that a violation of the
carbon monoxide NAAQS would result. 

Since limited maintenance plan areas are still maintenance areas
however, transportation conformity determinations are still required for
transportation plans, programs and projects.  Specifically,
determinations, transportation plans, transportation improvement
programs and projects must still demonstrate that they are fiscally
constrained (40 CFR part 108) and must meet the criteria consultation
and Transportation Control Measure (TCM) implementation with the
conformity rule (40 CFR 93.112 and 40 CFR 93.113).  In addition,
projects in limited maintenance areas will still be required to meet the
criteria for carbon monoxide hot spot analyses to satisfy ``project
level'' conformity determinations (40 CFR 93.116 and 40 CFR 93.123). 
All aspects of transportation conformity (with the exception of
satisfying the emissions budget test) will still be required.

 

If a carbon monoxide attainment area monitor records concentrations at
or above the limited maintenance eligibility criteria of 7.65 ppm, then
the maintenance area will no longer qualify for a limited maintenance
plan and will revert to a full maintenance plan.  In this event, the
limited maintenance plan would remain applicable for conformity purposes
only until the full maintenance plan is submitted and EPA has found the
SIP’s motor vehicle emissions budgets adequate for conformity
purposes, or EPA approves the full maintenance plan SIP revision.

IV. What Final Action is EPA Taking Today?

EPA is approving a SIP revision request submitted by the Pennsylvania
Department of the Environment, requesting a limited maintenance plan
option for the carbon monoxide maintenance area in Philadelphia County. 
This SIP revision supplements the currently approved carbon monoxide
maintenance plan and establishes a limited maintenance plan with an
unlimited budget for regional motor vehicle emissions for the
Philadelphia County, Pennsylvania carbon monoxide maintenance area.  For
future Federal actions requiring conformity determinations under the
transportation conformity rule and general conformity rule (40 CFR Part
93), the area will be considered to already satisfy the budget test for
carbon monoxide.We are publishing this rule without prior proposal
because the Agency views this as a noncontroversial amendment and
anticipates no adverse comment.  However, in the (Proposed Rules(
section of today(s Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed.  This rule will be effective on [Insert date
60 days from date of publication in the Federal Register] without
further notice unless EPA receives adverse comment by [Insert date 30
days from date of publication in the Federal Register].  If EPA receives
adverse comment, EPA will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect.  EPA
will address all public comments in a subsequent final rule based on the
proposed rule.  EPA will not institute a second comment period on this
action.  Any parties interested in commenting must do so at this time.  

V.  Statutory and Executive Order Reviews 

A.   General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a "significant regulatory action" and therefore is not subject to
review by the Office of Management and Budget.  For this reason, this
action is also not subject to Executive Order 13211, "Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use" (66 FR 28355, May 22, 2001).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).  Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4).   This rule also does not have tribal implications
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).  This action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).  This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.  This rule also is
not subject to Executive Order 13045 (Protection of Children from
Environmental Health Risks and Safety Risks( (62 FR 19885, April 23,
1997), because it approves a state rule implementing a Federal standard.


In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS.  It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act.  Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B.   Submission to Congress and the Comptroller General

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

C.  Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.  

This action, which approves a conversion of the Philadelphia County
carbon monoxide full maintenance plan to a limited maintenance plan
option for the purpose of satisfying future conformity determinations,
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,
Intergovernmental relations. 

_________________                   		         
__________/s/________________

Dated:   September 14, 2007                         		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 revising
the existing entry for Carbon Monoxide Maintenance Plan (Philadelphia
County) 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



*    *    *    *   *   *   *  



Carbon Monoxide Maintenance Plan	

Philadelphia County

	9/8/95,

10/30/95	1/30/96

61 FR 2982	52.2063(c)(105)





9/3/04	4/4/05

70 FR 16958	Revised Carbon Monoxide Maintenance Plan Base Year Emissions
Inventory using MOBILE 6



3/19/07	[Insert Federal Register publication date] [Insert page number
where the document begins]	Conversion of the Carbon Monoxide Maintenance
Plan to a Limited Maintenance Plan Option 

*             *                *                *              *        
       *                 *



*             *                *                *              *

	

 PAGE   

 PAGE  12 

