

[Federal Register: November 14, 2007 (Volume 72, Number 219)]
[Rules and Regulations]               
[Page 63990-63992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no07-11]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R03-OAR-2007-0533; FRL-8494-2]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Centre County (State College) 8-Hour 
Ozone Nonattainment Area to Attainment and Approval of the Area's 
Maintenance Plan and 2002 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. The Pennsylvania 
Department of Environmental Protection (PADEP) is requesting that the 
Centre County ozone nonattainment area (State College Area) be 
redesignated as attainment for the 8-hour ozone ambient air quality 
standard (NAAQS). EPA is approving the ozone redesignation request for 
the State College Area. In conjunction with its redesignation request, 
PADEP submitted a SIP revision consisting of a maintenance plan for the 
State College Area that provides for continued attainment of the 8-hour 
ozone NAAQS for at least 10 years after redesignation. EPA is approving 
the 8-hour maintenance plan. PADEP also submitted a 2002 base year 
inventory for the State College Area which EPA is approving. In 
addition, EPA is approving the adequacy determination for the motor 
vehicle emission budgets (MVEBs) that are identified in the State 
College Area maintenance plan for purposes of transportation 
conformity, and is approving those MVEBs. EPA is approving the 
redesignation request, and the maintenance plan and the 2002 base year 
emissions inventory as revisions to the Pennsylvania SIP in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on December 14, 
2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0533. All documents in the docket are listed in 
the http://www.regulations.gov Web site. 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 http://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 Environment 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 11, 2007 (72 FR 51747), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR 
proposed approval of Pennsylvania's redesignation request, a SIP 
revision that establishes a maintenance plan for the State College Area 
that provides for continued attainment of the 8-hour ozone NAAQS for at 
least 10 years after redesignation, and a 2002 base year emissions 
inventory. The formal SIP revisions were submitted by PADEP on June 12, 
2007. Other specific requirements of Pennsylvania's redesignation 
request SIP revision for the maintenance plan and the rationales for 
EPA's proposed actions are explained in the NPR and will not be 
restated here. No public comments were received on the NPR.
    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 23591, April 30, 2004). South 
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v. 
EPA, Docket No. 04-1201, in response to several petitions for 
rehearing, the D.C. Circuit clarified that the Phase 1 Rule was vacated 
only with regard to those parts of the rule that had been successfully 
challenged. Therefore, the Phase 1 Rule provisions related to 
classifications for areas currently classified under subpart 2 of Title 
I, part D of the Act as 8-hour nonattainment areas, the 8-hour 
attainment dates and the timing for emissions reductions needed for 
attainment of the 8-hour ozone NAAQS remain effective. The June 8 
decision left intact the Court's rejection of EPA's reasons for 
implementing the 8-hour standard in certain nonattainment areas under 
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let 
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been 
successfully challenged. The June 8 decision reaffirmed the December 
22, 2006 decision that EPA had improperly failed to retain measures 
required for 1-

[[Page 63991]]

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 the 1-hour severe or extreme 
nonattainment areas; and (3) measures to be implemented pursuant to 
section 172(c)(9) or 182(c)(9) of the CAA, on the contingency of an 
area not making reasonable further progress toward attainment of the 1-
hour NAAQS, or for failure to attain NAAQS. In addition, the June 8 
decision clarified that the Court's reference to conformity 
requirements for anti-backsliding purposes was limited to requiring the 
continued use of the 1-hour motor vehicle emissions budgets until 8-
hour budgets were available for 8-hour conformity determinations, which 
is already required under EPA's conformity regulations. The Court thus 
clarified the 1-hour conformity determinations are not required for 
anti-backsliding purposes.
    For the reasons set forth in the proposal, EPA does not believe 
that the Court's rulings alter any requirements relevant to this 
redesignation action so as to preclude redesignation, and do not 
prevent EPA from finalizing this redesignation. EPA believes that the 
Court's December 22, 2006 and June 8, 2007 decisions impose no 
impediment to moving forward with redesignation of this area to 
attainment, because even in the light of the Court's decisions, 
redesignation is appropriate under the relevant redesignation 
provisions of the CAA and longstanding policies regarding redesignation 
requests.

II. Final Action

    EPA is approving the Commonwealth of Pennsylvania's redesignation 
request, maintenance plan, and the 2002 base year emissions inventory 
because the requirements for approval have been satisfied. EPA has 
evaluated Pennsylvania's redesignation request that was submitted on 
June 12, 2007 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 State 
College Area has attained the 8-hour ozone standard. The final approval 
of this redesignation request will change the designation of the State 
College Area from nonattainment to attainment for the 8-hour ozone 
standard. EPA is approving the maintenance plan for the State College 
Area submitted on June 12, 2007 as a revision to the Pennsylvania SIP. 
EPA is also approving the MVEBs submitted by PADEP in conjunction with 
its redesignation request. In addition, EPA is approving the 2002 base 
year emissions inventory submitted by PADEP on June 12, 2007 as a 
revision to the Pennsylvania SIP. In this final rulemaking, EPA is 
notifying the public that we have found that the MVEBs for 
NOX and VOCs in the State College Area for the 8-hour ozone 
maintenance plan are adequate and approved for conformity purposes. As 
a result of our finding, the State College Area must use the MVEBs from 
the submitted 8-hour ozone maintenance plan for future conformity 
determinations. The adequate and approved MVEBs are provided in the 
following table:

  Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
                                  (TPD)
------------------------------------------------------------------------
                      Budget year                         NOX      VOC
------------------------------------------------------------------------
2009..................................................     12.5      5.4
2018..................................................      6.0      3.7
------------------------------------------------------------------------

    The State College Area is subject to the CAA's requirement for the 
basic nonattainment areas until and unless it is redesignated to 
attainment.

III. 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. 
Redesignation is an action that affects the status of a geographical 
area and does not impose any new regulatory requirements on sources. 
Accordingly, the Administrator certifies that this 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 final 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). Because this action affects the status of 
a geographical area, does not impose any new requirements on sources, 
or allows the state to avoid adopting or implementing other 
requirements, 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 CAA. 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 CAA. 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 CAA. 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. 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

[[Page 63992]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 14, 2008. 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, approving the redesignation of the State College Area to 
attainment for the 8-hour ozone NAAQS, the associated maintenance plan, 
the 2002 base year emission inventory, and the MVEBs identified in the 
maintenance plan, may not be challenged later in proceedings to enforce 
its requirements. (See section 307(b)(2).)

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.

    Dated: November 1, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry at the end of the table to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP         Applicable        State submittal                           Additional
            revision                geographic area          date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan     State College       06/12/07..........  11/14/07 [Insert    ..................
 and 2002 Base Year Emissions      (Centre County).                        page number where
 Inventory.                                                                the document
                                                                           begins].
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.339, the table entitled ``Pennsylvania--Ozone (8-Hour 
Standard)'' is amended by revising the entry for the State College, PA, 
Centre County to read as follows:


Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                      Category/classification
        Designated area         --------------------------------------------------------------------------------
                                    Date \1\               Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
State College, PA: Centre              12/14/07  Attainment.
 County.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. E7-22042 Filed 11-13-07; 8:45 am]

BILLING CODE 6560-50-P
