

[Federal Register: January 7, 2008 (Volume 73, Number 4)]
[Proposed Rules]               
[Page 1162-1175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja08-19]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0606; FRL-8513-9]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Allentown-Bethlehem-Easton 8-hour 
Ozone Nonattainment Area to Attainment and Approval of the Maintenance 
Plan and 2002 Base-Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a redesignation request and State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. The Pennsylvania Department of Environmental Protection 
(PADEP) is requesting that the Allentown-Bethlehem-Easton ozone 
nonattainment Area (referred to also as the ``Allentown Area'' or 
``Area'') be redesignated as attainment for the 8-hour ozone national 
ambient air quality standard (NAAQS). The Allentown Area is comprised 
of Carbon, Lehigh, and Northampton Counties. EPA is proposing to 
approve the ozone redesignation request for the Allentown Area. In 
conjunction with its redesignation request, the Commonwealth submitted 
a SIP revision consisting of a maintenance plan for the Allentown 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 Allentown Area has attained the 8-hour ozone 
NAAQS, based upon three years of complete, quality-assured ambient air 
quality monitoring data for 2004-2006. EPA's proposed approval of the 
8-hour ozone redesignation request is based on its determination that 
the Allentown Area has met the criteria for redesignation to attainment 
specified in the Clean Air Act (``the Act''). In addition, the 
Commonwealth of Pennsylvania has also submitted a 2002 base-year 
inventory for the Allentown Area, and EPA is proposing to approve that 
inventory for the Area as a SIP revision. EPA is also providing 
information on the status of its adequacy determination for the motor 
vehicle emission budgets (MVEBs) that are identified in the maintenance 
plan for the Allentown Area for purposes of transportation conformity, 
and is proposing to approve those MVEBs. EPA is proposing approval of 
the redesignation request, the maintenance plan, and 2002 base-year 
inventory SIP revisions in accordance with the requirements of the Act.

DATES: Written comments must be received on or before February 6, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0606 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2007-0606, Cristina Fernandez, Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0606. 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: Brian Rehn, (215) 814-2176, or by e-
mail at rehn.brian@epa.gov.

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

Table of Contents

I. What Are the Clean Air 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

[[Page 1163]]

Maintenance Plan for the Allentown-Bethlehem-Easton Area Plan 
Adequate and Approvable?
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews

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

    On June 26, 2007, the PADEP formally submitted a request to 
redesignate the Allentown Area from nonattainment to attainment of the 
8-hour NAAQS for ozone. Concurrently, Pennsylvania submitted a 
maintenance plan for the Allentown 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 Allentown Area as a SIP 
revision. On August 9, 2007, PADEP submitted a technical correction to 
the emission inventory to submit inventory support documents that were 
omitted from the June 26, 2007 SIP submittal.
    The Allentown Area is comprised of Carbon, Lehigh, and Northampton 
Counties. It is currently designated a basic 8-hour ozone nonattainment 
area. EPA is proposing to determine that the Allentown 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 Clean Air 
Act. EPA is, therefore, proposing to approve the redesignation request 
to change the designation of the Allentown Area from nonattainment to 
attainment for the 8-hour ozone NAAQS. EPA is also proposing to approve 
the Allentown maintenance plan as a SIP revision for the Area (such 
approval being one of the Act criteria for redesignation to attainment 
status). The maintenance plan is designed to ensure continued 
attainment in the Allentown Area for the next 11 years. EPA is also 
proposing to approve the 2002 base-year inventory for the Allentown 
Area as a SIP revision. Additionally, EPA is announcing its action on 
the adequacy process for the MVEBs identified in the Allentown 
maintenance plan, and proposing to approve the MVEBs identified for 
volatile organic compounds (VOCs) and nitrogen oxides (NOX) 
for the Area for transportation conformity purposes.

II. What Is the Background for These Proposed Actions?

A. General

    Ground-level ozone is not emitted directly by sources. Rather, 
emissions of 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 Clean Air Act 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 Allentown 
Area was designated a basic 8-hour ozone nonattainment area in a 
Federal Register notice signed on April 15, 2004 and published on April 
30, 2004 (69 FR 23857), based on its exceedance of the 8-hour health-
based standard for ozone during the years 2001-2003.
    On April 30, 2004, EPA issued a final rule (69 FR 23951, 23996) to 
revoke the 1-hour ozone NAAQS in the Allentown 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). South 
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006) 
(hereafter ``South Coast''). On June 8, 2007, in South Coast Air 
Quality Management Dist. v. EPA, Docket No. 04-1201, in response to 
several petitions for rehearing, the DC Circuit clarified that the 
Phase 1 Rule was vacated only with regard to those parts of the rule 
that had been successfully challenged. Therefore, the Phase 1 Rule 
provisions related to classifications for areas currently classified 
under subpart 2 of Title I, part D of the Act as 8-hour nonattainment 
areas, the 8-hour attainment dates and the timing for emissions 
reductions needed for attainment of the 8-hour ozone NAAQS remain 
effective. The June 8 decision left intact the Court's rejection of 
EPA's reasons for implementing the 8-hour standard in certain 
nonattainment areas under Subpart 1 in lieu of subpart 2. By limiting 
the vacatur, the Court let stand EPA's revocation of the 1-hour 
standard and those anti-backsliding provisions of the Phase 1 Rule that 
had not been successfully challenged. The June 8 decision reaffirmed 
the December 22, 2006 decision that EPA had improperly failed to retain 
measures required for 1-hour nonattainment areas under the anti-
backsliding provisions of the regulations: (1) Nonattainment area New 
Source Review (NSR) requirements based on an area's 1-hour 
nonattainment classification; (2) Section 185 penalty fees for 1-hour 
severe or extreme nonattainment areas; and (3) measures to be 
implemented pursuant to section 172(c)(9) or 182(c)(9) of the Act, on 
the contingency of an area not making reasonable further progress 
toward attainment of the 1-hour NAAQS, or for failure to attain that 
NAAQS. In addition, the June 8 decision clarified that the Court's 
reference to conformity requirements for anti-backsliding purposes was 
limited to requiring the continued use of 1-hour motor vehicle 
emissions budgets until 8-hour budgets were available for 8-hour 
conformity determinations, which is already required under EPA's 
conformity regulations. The Court thus clarified that 1-hour conformity 
determinations are not required for anti-backsliding purposes. 
Elsewhere in this document, mainly in section VI. B. ``The Allentown-
Bethlehem-Easton Area Has Met All Applicable Requirements Under Section 
110 and Part D of the Clean Air Act and has a Fully Approved SIP Under 
Section 110(k) of the Act'', EPA discusses its rationale why the 
decision in South Coast is not an impediment to redesignating the 
Allentown Area to attainment of the 8-hour ozone NAAQS.
    The Clean Air Act, 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 Allentown Area was classified a 
basic 8-hour ozone nonattainment area based on air quality monitoring 
data from 2001-2003. Therefore, the Area is subject to the requirements 
of subpart 1 of Part D.
    Under 40 CFR part 50, the 8-hour ozone standard is attained when 
the 3-year average of the annual fourth-highest daily maximum 8-hour 
average ambient air quality ozone concentration 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

[[Page 1164]]

as determined in Appendix I of 40 CFR part 50. The ozone monitoring 
data indicates that the Allentown Area has a design value of 0.084 ppm 
for the 3-year period of 2004-2006, using complete, quality-assured 
data. Therefore, the ambient ozone data for the Allentown Area 
indicates no violations of the 8-hour ozone standard.

B. The Allentown-Bethlehem-Easton Area

    The Allentown Area consists of Carbon, Lehigh, and Northampton 
Counties in Pennsylvania. Prior to its designation as an 8-hour ozone 
nonattainment area, the Allentown Area was a marginal 1-hour ozone 
nonattainment area. Therefore, the Allentown Area was subject to 
requirements for marginal nonattainment areas pursuant to section 
182(a) of the Act. See 56 FR 56694 (November 6, 1991). EPA determined 
that the Allentown 1-hour ozone nonattainment Area had attained the 1-
hour ozone NAAQS by the November 15, 1993 attainment date (60 FR 3349, 
January 17, 1995).
    On June 26, 2007, the PADEP requested that the Allentown Area be 
redesignated to attainment for the 8-hour ozone standard. The 
redesignation request included 3 years of complete, quality-assured 
data for the period of 2004-2006, indicating that the 8-hour NAAQS for 
ozone had been achieved in the Area. The data satisfies the Act 
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 Act, a nonattainment 
area may be redesignated if sufficient complete, quality-assured data 
is available to determine that the area attained the standard and the 
area meets the redesignation requirements set forth in section 
107(d)(3)(E) of the Act.

III. What Are the Criteria for Redesignation to Attainment?

    The Clean Air Act provides the requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) 
allows for redesignation, providing that:
    (1) EPA determines that the area has attained the applicable NAAQS;
    (2) EPA has fully approved the applicable implementation plan for 
the area under section 110(k);
    (3) EPA determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions;
    (4) EPA has fully approved a maintenance plan for the area as 
meeting the requirements of section 175A; and
    (5) The State containing such area has met all requirements 
applicable to the area under section 110 and Part D.
    EPA provided guidance on redesignations in the General Preamble for 
the Implementation of Title I of the Clean Air Act, on April 16, 1992 
(57 FR 13498), and supplemented this guidance on April 28, 1992 (57 FR 
18070). EPA has provided further guidance on processing redesignation 
requests in the following documents:
     ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, June, 18, 1990;
     ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
     ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
     ``Procedures for Processing Requests to Redesignate Areas 
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
     ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 1992;
     ``Technical Support Documents (TSDs) for Redesignation 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from 
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 
1993;
     ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on 
or after November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
     Memorandum from D. Kent Berry, Acting Director, Air 
Quality Management Division, to Air Division Directors, Regions 1-10, 
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and 
CO Nonattainment Areas,'' dated November 30, 1993;
     ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
     ``Reasonable Further Progress, Attainment Demonstration, 
and Related Requirements for Ozone Nonattainment Areas Meeting the 
Ozone National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 10, 
1995.

IV. Why Is EPA Taking These Actions?

    On June 26, 2007, the PADEP requested redesignation of the 
Allentown Area to attainment for the 8-hour ozone standard. 
Simultaneously, PADEP submitted a maintenance plan for the Allentown 
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. On August 9, 2007, PADEP submitted a technical correction 
SIP revision to submit emission inventory support documents that were 
omitted from the June 26, 2007 SIP submittal. EPA has determined that 
the Allentown 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 Allentown 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 Allentown 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.
    Transportation agencies, working in conjunction with Metropolitan 
Planning Organizations (MPOs) are responsible for making timely 
transportation conformity determinations. There are two separate MPOs 
responsible for transportation planning within the

[[Page 1165]]

Allentown Area. They are the Lehigh Valley Transportation Study (for 
Lehigh and Northampton Counties), and the Northeastern Pennsylvania 
Alliance (NEPA) (for Carbon County). Pennsylvania has established 
separate motor vehicle emission budgets for each MPO for their 
respective portion of the Allentown Area. EPA's transportation 
conformity regulations (40 CFR 93.124(d)) allow a SIP to establish sub-
regional motor vehicle emission budgets for each MPO within a 
nonattainment area if it contains more than one MPO.
    These MVEBs are displayed in the following table:

  Table 1a--Allentown-Bethlehem-Easton Motor Vehicle Emissions Budgets
                 Lehigh Valley Transportation Study MPO
   [(Lehigh and Northampton Counties portion of the Area), in Tons per
                           Summer Day (tpsd)]
------------------------------------------------------------------------
                       Year                            VOC        NOX
------------------------------------------------------------------------
2009..............................................       20.6       28.9
2018..............................................       12.4       12.4
------------------------------------------------------------------------


  Table 1b--Allentown-Bethlehem-Easton Motor Vehicle Emissions Budgets
                   Northeast Pennsylvania Alliance MPO
  [(Carbon County portion of the Area), in Tons per Summer Day (tpsd)]
------------------------------------------------------------------------
                       Year                            VOC        NOX
------------------------------------------------------------------------
2009..............................................        3.4        5.9
2018..............................................        2.3        3.0
------------------------------------------------------------------------

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

    EPA is proposing to determine that the Allentown 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 June 
26, 2007 submittal satisfies the requirements of section 107(d)(3)(E) 
of the Act.

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

    EPA is proposing to determine that the Allentown 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 Allentown Area, there were three ozone monitors that 
measured ambient ozone air quality between 2004 and 2006. One of these 
monitors is located in Lehigh County and two are in Northampton County. 
As part of its redesignation request, Pennsylvania referenced ozone 
monitoring data for the years 2004-2006 for the Allentown Area. This 
data has been quality assured and is recorded in the AQS. The PADEP 
uses the AQS as the permanent database to maintain its data and quality 
assures the data transfers and content for accuracy. The fourth-high 8-
hour daily maximum concentrations for the period from 2004-2006, along 
with the three-year average, are summarized in Table 2.

                 Table 2.--Allentown-Bethlehem-Easton Area Fourth Highest 8-Hour Average Values
                                                   [2004-2006]
----------------------------------------------------------------------------------------------------------------
                                                                 Annual 4th highest        Average 4th highest
                                                                    reading (ppm)             reading (ppm)
                   Monitor/county/AIRS ID                    ---------------------------------------------------
                                                                  2004         2005         2006      2004-2006
----------------------------------------------------------------------------------------------------------------
Allentown Monitor, Lehigh County, AQS ID 42-077-0004........        0.083        0.086        0.080        0.083
Freemansburg Monitor, Northampton County AQS ID 42-095-0025.        0.088        0.086        0.078        0.084
Easton 2 Monitor, Northampton County AQS ID 42-095-8000.....        0.083        0.080        0.078        0.080
----------------------------------------------------------------------------------------------------------------
The Area design value for the 3-year period 2004-2006 is 0.084 ppm (based on the Freemansburg Monitor/AQS ID 42-
                                                    095-0025)
----------------------------------------------------------------------------------------------------------------

    The air quality data for 2004-2006 show that the Allentown Area has 
attained the standard with a design value of 0.084 ppm. The data 
collected at the three Allentown Area monitors satisfies the Act 
requirement that the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentration is below the maximum design 
value of 0.085 ppm. The PADEP's request for redesignation for the 
Allentown 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 Allentown Area has attained the 8-hour ozone 
NAAQS.

B. The Allentown-Bethlehem-Easton Area Has Met All Applicable 
Requirements Under Section 110 and Part D of the Clean Air Act and Has 
a Fully Approved SIP Under Section 110(k) of the Act

    EPA has determined that the Allentown Area has met all SIP 
requirements applicable for purposes of this redesignation under 
section 110 of the Act (General SIP Requirements) and that it meets all 
applicable SIP requirements under Part D of Title I of the Act, in 
accordance with section 107(d)(3)(E)(v). In addition, EPA has 
determined that the SIP is fully approvable with respect to all 
requirements applicable for purposes of redesignation in accordance 
with section 107(d)(3)(E)(ii). In making these proposed determinations, 
EPA ascertained which requirements are applicable to the Allentown Area 
and determined that the applicable portions of the SIP meeting these 
requirements are fully approved under section 110(k) of the Act. We 
note that SIPs must be

[[Page 1166]]

fully approved only with respect to applicable requirements.
    The September 4, 1992 Calcagni memorandum (``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) with respect to the timing of applicable requirements. 
Under this interpretation, to qualify for redesignation, States 
requesting redesignation to attainment must meet only the relevant 
Clean Air Act requirements that came due prior to the submittal of a 
complete redesignation request. See also, Michael Shapiro memorandum, 
September 17, 1993, and 60 FR 12459, 12465-12466 (March 7, 1995) 
(redesignation of Detroit-Ann Arbor). Applicable requirements of the 
Act that come due subsequent to the area's submittal of a complete 
redesignation request remain applicable until a redesignation is 
approved, but are not required as a prerequisite to redesignation. 
Section 175A(c) of the Act. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 
2004). See also, 68 FR at 25424, 25427 (May 12, 2003) (redesignation of 
St. Louis).
    This section sets forth EPA's views on the potential effect of the 
Court's rulings on this proposed redesignation action. For the reasons 
set forth below, EPA does not believe that the Court's rulings alters 
any requirements relevant to this redesignation action so as to 
preclude redesignation, and do not prevent EPA from proposing or 
ultimately finalizing this redesignation. EPA believes that the Court's 
December 22, 2006 and June 8, 2007 decisions impose no impediment to 
moving forward with redesignation of this area to attainment, because 
even in light of the Court's decisions, redesignation is appropriate 
under the relevant redesignation provisions of the Act and longstanding 
policies regarding redesignation requests.
1. Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the Act 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 Allentown 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 Allentown 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 
Allentown Area was designated a basic nonattainment area under subpart 
1 for the 8-hour ozone standard. Sections 172-176 of the Act, found in 
subpart 1 of Part D, set forth the basic nonattainment requirements 
applicable to all nonattainment areas. Section 182 of the Act, 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 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.

[[Page 1167]]

    First, at the time the redesignation request was submitted, the 
Allentown Area was classified under subpart 1 and was obligated to meet 
requirements under subpart 1. Under EPA's longstanding interpretation 
of section 107(d)(3)(E) of the 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, 12465-12466 (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 DC Circuit has recognized the inequity in such 
retroactive rulemaking, Sierra Club v. Whitman, 285 F. 3d 63 (DC Cir. 
2002), in which the DC 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 Allentown 
Area initially had been classified under subpart 2, the first two Part 
D subpart 2 requirements applicable to the Area under section 182(a) of 
the Act would be: a base-year inventory requirement pursuant to section 
182(a)(1) of the Act, 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 Allentown 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 Allentown Area, which was submitted on June 26, 2007 (including 
the August 9, 2007 technical correction SIP revision containing 
previously omitted inventory support documents), concurrently with its 
maintenance plan SIP revision. EPA is proposing to approve the 2002 
base-year inventory as fulfilling the requirements of both section 
182(a)(1) and section 172(c)(3) of the Act. A detailed evaluation of 
Pennsylvania's 2002 base-year inventory for the Allentown 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 Allentown 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 Act 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 Act 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 Allentown Area, EPA has also determined that 
before being redesignated, the 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, 20469-20470, 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 Allentown 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 Act to ozone attainment areas within the 
Ozone Transport Region (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 Allentown 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 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 reasonably available control technology (RACT), and Vehicle 
Inspection and Maintenance programs even after redesignation. Second, 
the section 184

[[Page 1168]]

control measures are region-wide requirements and apply to the 
Allentown Area to address ozone transport--not solely by virtue of the 
Area's designation and classification. See 61 FR 53174, 53175-53176 
(October 10, 1996) and 62 FR 24826, 24830-24832 (May 7, 1997).
3. Part D Nonattainment Area Requirements Under the 1-Hour Standard
    In its June 8, 2007 decision, the Court limited its vacatur so as 
to uphold those provisions of the anti-backsliding requirements that 
were not successfully challenged. Therefore the Allentown Area must 
meet the federal anti-backsliding requirements. See 40 CFR 51.900, et 
seq.; 70 FR 30592, 30604 (May 26, 2005), which apply by virtue of the 
Area's classification for the 1-hour ozone NAAQS. As set forth in more 
detail below, the Area must also address four additional anti-
backsliding provisions identified by the Court in its decisions.
    The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone NAAQS requirements that continue to apply after revocation 
of the 1-hour ozone NAAQS to former 1-hour ozone nonattainment areas. 
Section 51.905(a)(1)(i) provides that:
    ``The area remains subject to the obligation to adopt and implement 
the applicable requirements as defined in Sec.  51.900(f), except as 
provided in paragraph (a)(1)(iii) of paragraph (b) of this section.''
    Section 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005), 
states that:
    Applicable requirements means for an area the following 
requirements to the extent such requirements applied to the area for 
the area's classification under section 181(a)(1) of the Clean Air Act 
for the 1-hour NAAQS at the time of designation for the 8-hour NAAQS.
    (1) Reasonably available control technology (RACT).
    (2) Inspection and maintenance programs (I/M).
    (3) Major source applicability cut-offs for purposes of RACT.
    (4) Rate of Progress (ROP) reductions.
    (5) Stage II vapor recovery.
    (6) Clean fuels fleet program under section 183(c)(4) of the Clean 
Air Act.
    (7) Clean fuels for boilers under section 182(e)(3) of the Clean 
Air Act.
    (8) Transportation Control Measures (TCMs) during heavy traffic 
hours as required by section 182(e)(4) of the Clean Air Act.
    (9) Enhanced (ambient) monitoring under section 182(c)(1) of the 
Clean Air Act.
    (10) Transportation control measures (TCMs) under section 182(c)(5) 
of the Clean Air Act.
    (11) Vehicle miles traveled (VMT) provisions of section 182(d)(1) 
of the Clean Air Act.
    (12) NOX requirements under section 182(f) of the Clean 
Air Act.
    (13) Attainment demonstration or alternative as provided under 
Sec.  51.905(a)(1)(ii).''
    Pursuant to 40 CFR 51.905(c), the Allentown Area is subject to the 
obligations set forth in Sec. Sec.  51.905(a) and 51.900(f).
    Prior to its designation as an 8-hour ozone nonattainment area, the 
Allentown Area was designated a marginal nonattainment area for the 1-
hour standard. With respect to the 1-hour standard, the applicable 
requirements under the anti-backsliding provisions at 40 CFR 
51.905(a)(1) for the Allentown Area are limited to RACT and I/M 
programs specified in section 182(a) of the Act and 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 Allentown Area, that 
were subject to control technique guidelines (CTGs) issued before 
November 15, 1990 pursuant to Clean Air Act section 108. On December 
22, 1994, EPA fully approved into the Pennsylvania SIP all corrections 
required under section 182(a)(2)(A) of the Act (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 Act; 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 that were 
required to adopt an I/M program prior to 1990 to adopt a program 
meeting EPA I/M requirements, or to maintain operation of an existing 
I/M program.Section 182(a)(2)(B) relates to the savings clause for 
vehicle inspection and maintenance programs. It requires marginal areas 
to adopt (or if already in effect, to continue operation of) a vehicle 
I/M program if a program was required to have been in operation prior 
to November 15, 1990. This provision is applicable to the Allentown 
area because Northampton and Lehigh Counties had a required I/M program 
in place prior to November 15, 1990. Therefore, under this provision, 
the Allentown area was required to continue to operate an I/M program, 
in accordance with I/M requirements, after 1990. A separate I/M 
provision under section 184 of the Act, which requires adoption of an 
enhanced I/M program to address ozone transport in certain metropolitan 
areas of the Ozone Transport Region also applies to the Allentown Area 
and is described below.
    In addition the Court held that EPA should have retained four 
additional measures in its anti-backsliding provisions: (1) 
Nonattainment area NSR ; (2) Section 185 penalty fees; (3) contingency 
measures under section 172(c)(9) or 182(c)(9) of the Act; and (4) 1-
hour motor vehicle emission budgets that were yet not replaced by 8-
hour emissions budgets. These requirements are addressed below:
    With respect to NSR, EPA has determined that areas being 
redesignated need not have an approved nonattainment New Source Review 
program, for the same reasons discussed previously with respect to the 
applicable Part D requirement for the 8-hour standard.
    The section 185 penalty fee requirement was not applicable in the 
Allentown 1-hour marginal nonattainment Area.
    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.
    The conformity portion of the Court's ruling does not impact the 
redesignation request for the Allentown Area except to the extent that 
the Court in its June 8 decision clarified that for those areas with 1-
hour MVEBs, anti-backsliding requires that those 1-hour budgets must be 
used for 8-hour conformity determinations until replaced by 8-hour 
budgets. To meet this requirement, conformity determinations in such 
areas must comply with the applicable requirements of EPA's conformity 
regulations at 40 CFR part 93. The court clarified that 1-hour 
conformity determinations are not required for anti-backsliding 
purposes.
    Thus EPA has concluded that the area has met all requirements 
applicable for redesignation under the 1-hour standard.
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

[[Page 1169]]

requirements include RACT, NSR, enhanced vehicle inspection and 
maintenance (I/M), and Stage II vapor recovery or a comparable measure.
    In the case of the Allentown Area, which is located in the OTR, 
nonattainment NSR will continue to be applicable after redesignation. 
On October 19, 2001, EPA approved the 1-hour NSR SIP revision for the 
Area. See 66 FR 53094 (October 19, 2001).
    EPA has also interpreted the section 184 OTR requirements, 
including NSR, as not being applicable for purposes of redesignation. 
Reading, PA Redesignation, 61 FR 53174, (October 10, 1996), 62 FR 24826 
(May 7, 1997). The rationale for this is based on two 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 Commonwealth remains obligated to have 
NSR, as well as RACT and I/M, even after redesignation. Second, the 
section 184 control measures are region-wide, transport-based 
requirements that apply to an area not solely by virtue of the area's 
nonattainment designation and classification. Therefore, these measures 
are considered not relevant to an action changing an area's 
designation. See 61 FR 53174, 53175-53176 (October 10, 1996) and 62 FR 
24826, 24830-24832 (May 7, 1997).
5. The Allentown-Bethlehem-Easton Area Has a Fully Approved SIP for 
Purposes of Redesignation
    EPA has fully approved the Pennsylvania SIP for the purposes of 
this redesignation. EPA may rely on prior SIP approvals in approving a 
redesignation request. Calcagni Memo, p.3; Southwestern Pennsylvania 
Growth Alliance v. Browner, 144 F. 3d 984, 989-90 (6th Cir. 1998), Wall 
v. EPA, 265 F. 3d 426 (6th Cir. 2001), plus any additional measures it 
may approve in conjunction with a redesignation action. See, 68 FR at 
25425 (May 12, 2003) and citations therein.

C. The Air Quality Improvement in the Allentown-Bethlehem-Easton 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 Allentown Area is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the SIP, Federal measures, and other State-adopted 
measures. Emissions reductions attributable to these rules are shown in 
Table 3.

              Table 3.--Total VOC and NOX Emissions for 2002 and 2004 in Tons per Summer Day (tpsd)
----------------------------------------------------------------------------------------------------------------
                                                  Stationary   Stationary    Nonroad      Highway
                      Year                          point         area        mobile       mobile       Total
----------------------------------------------------------------------------------------------------------------
                                        Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
2002...........................................          4.9         28.6         13.6         35.6         82.7
2004...........................................          6.4         28.1         13.0         30.5         78.0
                                                ----------------------------------------------------------------
    Difference (2002-04).......................         +1.5         -0.5         -0.6         -5.1         -4.7
----------------------------------------------------------------------------------------------------------------
                                              Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
2002...........................................         60.0          2.8         13.4         55.1        131.3
2004...........................................         58.8          2.9         12.9         48.3        122.9
    Difference (2002-04).......................         -1.2         +0.1         -0.5         -6.8         -8.4
----------------------------------------------------------------------------------------------------------------

    Between 2002 and 2004, VOC emissions decreased by 4.7 tpsd from 
82.7 tpsd to 78.0 tpsd. During the same period, NOX 
emissions decreased by 8.4 tpsd from 131.3 tpsd to 122.9 tpsd. EPA 
believes that permanent and enforceable emissions reductions are the 
cause of the long-term improvement in ozone levels and are the cause of 
the Area achieving attainment of the 8-hour ozone standard. These 
reductions, as well as anticipated future reductions, are due to the 
following permanent and enforceable measures.
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 Rule (56 FR 25724, June 5, 1991).
--Tier 2 Rule (65 FR 6698, February 10, 2000).
--Heavy-duty Engine and Vehicle Standards (62 FR 54694, October 21, 
1997, and 65 FR 59896, October 6, 2000).

    National Low Emission Vehicle (NLEV) Program (64 FR 72564, December 
28, 1999).
    PA Vehicle Emission Inspection/Maintenance Program (70 FR 58313, 
October 6, 2005).
    Changes to Vehicle Safety Inspection Program in non-I/M Counties 
(70 FR 58313, October 6, 2005).
4. Non-Road Sources
    Non-road Diesel Rule (69 FR 38958, June 29, 2004).

D. The Allentown Area Has a Fully Approvable Maintenance Plan Pursuant 
to Section 175A of the Clean Air Act

    In conjunction with its request to redesignate the Allentown ozone 
nonattainment Area to attainment status, Pennsylvania submitted a SIP 
revision to provide for maintenance of the 8-hour ozone NAAQS in the 
Area for at least 11 years after redesignation. The Commonwealth is 
requesting that EPA approve this SIP revision as meeting the 
requirement of Clean Air Act section 175A. Once approved, the 
maintenance plan for the 8-hour ozone NAAQS will ensure that the SIP 
for the Allentown Area meets the requirements of the Act regarding 
maintenance of the applicable 8-hour ozone standard.

What Is Required in a Maintenance Plan?

    Section 175 of the Act sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under

[[Page 1170]]

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 Clean Air Act 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 Allentown-Bethlehem-Easton 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 2004-2006 as a baseline and accounts for 
reductions attributable to implementation of the Act 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. Emissions from commercial aircraft for 2002 and 
2004 are estimated using EPA-approved Emissions & Dispersion Modeling 
System (EDMS) 4.20, the latest version available at the time the 
inventory was prepared. Emissions from commercial aircraft are 
estimated using EPA-approved Emissions & Dispersion Modeling System 
(EDMS). Small aircraft emissions were calculated using small airport 
statistics from the Federal Aviation Administration's APO Terminal Area 
Forecast Report and the Web site http://www.airnav.com.

    More detailed information on the compilation of the 2002, 2004, 
2009, and 2018 inventories can found in the Technical Appendices, which 
are part of the June 26, 2007 state submittal.
    (b) Maintenance Demonstration--On June 26, 2007, the PADEP 
submitted a maintenance plan as required by section 175A of the Act. 
The Allentown Area maintenance plan shows maintenance of the 8-hour 
ozone NAAQS by demonstrating that current and future emissions of VOC 
and NOX remain at or below the attainment year 2004 
emissions levels throughout the Area through the year 2018. A 
maintenance demonstration need not be based on modeling. See Wall v. 
EPA, supra; Sierra Club v. EPA, supra. See also, 66 FR at 53099-53100; 
68 FR at 25430-25432.
    Tables 4 and 5 specify the VOC and NOX emissions for the 
Allentown 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 4.--Total VOC Emissions for 2004-2018 (tpsd)
------------------------------------------------------------------------
         Source category               2004         2009         2018
------------------------------------------------------------------------
Stationary Point.................          6.4          5.5          6.6
Stationary Area..................         28.1         26.7         28.9
Highway Mobile...................         30.5         24.1         14.7
Nonroad Mobile...................         13.0         10.3          8.9
                                  --------------------------------------
    Total........................         78.0         66.6         59.1
------------------------------------------------------------------------


           Table 5.--Total NOX Emissions for 2004-2018 (tpsd)
------------------------------------------------------------------------
         Source category               2004         2009         2018
------------------------------------------------------------------------
Point............................         58.8         58.3         66.6
Area.............................          2.9          3.1          3.2
Highway Mobile...................         48.3         34.8         15.4
Nonroad Mobile...................         12.9         11.0          6.6
                                  --------------------------------------

[[Page 1171]]


    Total........................        122.9        107.2         91.8
------------------------------------------------------------------------

    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 (71 FR 25328, April 28, 
2006).
     The Federal NOX SIP Call (66 FR 43795, August 
21, 2001).
     Portable Fuel Containers Rule (69 FR 70893, December 8, 
2004).
     Consumer Products Rule (69 FR 70895, December 8, 2004).
     Architectural and Industrial Maintenance (AIM) Coatings 
(69 FR 68080, November 23, 2004).
     Federal Light-duty Highway Vehicle Control Program 
(FMVCP)--Tier 1/Tier 2 Emissions Standards (Model Year 1994/2004); Tier 
1--(56 FR 25724, June 5, 1991), Tier 2--(65 FR 6698, February 10, 
2000).
     Federal Heavy-duty Diesel Highway Engine Standards (Model 
Year 2004/2007) / Low-Sulfur Highway Diesel Fuel Standards (2006); (66 
FR 5002, January 18, 2001).
     Federal Nonroad Engine Emission Standards (Model Year 
2008) and Nonroad Diesel Fuel 2007); (69 FR 38958, June 29, 2004).
     NLEV/PA Clean Vehicle Program (54 FR 72564, December 28, 
1999).
     PA Vehicle Emission Inspection and Maintenance Program (70 
FR 58313, October 6, 2005).
     Changes to Vehicle Safety Inspection Program for Non-I/M 
Counties (70 FR 58313, October 6, 2005).
    Based on the comparison of the projected emissions and the 
attainment year emissions along with the additional measures, EPA 
concludes that PADEP has successfully demonstrated that the 8-hour 
ozone standard should be maintained in the Allentown Area.
    (c) Monitoring Network--There are three ozone monitors (located in 
Lehigh and Northampton Counties) that provided monitoring data to 
support the Commonwealth's ozone maintenance plan for the Allentown 
area. The Commonwealth has committed to continue to operate its 
monitoring network in accordance with 40 CFR part 58, with no reduction 
in the number of sites.
    (d) Verification of Continued Attainment--In addition to 
maintaining the key elements of its regulatory program, the 
Commonwealth will track the attainment status of the ozone NAAQS in the 
Area by reviewing air quality and emissions data during the maintenance 
period. The Commonwealth will perform an annual evaluation of 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 Act states that eight 
years following redesignation of the Allentown 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 in 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 Act 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 Allentown Area to stay in compliance with the 8-
hour ozone standard after redesignation depends upon VOC and 
NOX emissions in the Area remaining at or below 2004 levels. 
The Commonwealth's maintenance plan projects VOC and NOX 
emissions to decrease and stay below 2004 levels through the year 2018. 
The Commonwealth's maintenance plan outlines the procedures for the 
adoption and implementation of contingency measures to further reduce 
emissions should a violation occur.
    Contingency measures will be considered if for two consecutive 
years the fourth highest 8-hour ozone concentration at any Allentown 
Area monitor is above 84 ppb. If this trigger point occurs, the 
Commonwealth will evaluate whether additional local emission control 
measures should be implemented in order to prevent a violation of the 
air quality standard. PADEP will also analyze the conditions leading to 
the excessive ozone levels and evaluate which measures might be most 
effective in correcting the excessive ozone levels. PADEP will also 
analyze the potential emissions effect of Federal, state and local 
measures that have been adopted but not yet implemented at the time the 
excessive ozone levels occurred. PADEP will then begin the process of 
implementing any selected measures.
    Contingency measures will also be considered in the event that a 
violation of the 8-hour ozone standard occurs at any Allentown Area 
monitor. In the event of a violation of the 8-hour ozone standard, 
PADEP will adopt additional emissions reduction measures as 
expeditiously as practicable in accordance with the implementation 
schedule listed later in this notice and in the Pennsylvania Air 
Pollution Control Act in order to return the Area to attainment with 
the standard. Contingency measures to be considered for the Allentown 
Area will include, but not be limited to the following:
    Regulatory measures:

--Additional controls on consumer products.
--Additional controls on portable fuel containers.
    Non-Regulatory measures:

--Voluntary diesel engine ``chip reflash'' (installation software to 
correct the defeat device option on certain heavy-duty diesel engines).
--Diesel retrofits, including replacement, repowering or alternative 
fuel use, for public or private local on-road or off-road fleets.
--Idling reduction technology for Class 2 yard locomotives.

[[Page 1172]]

--Idling reduction technologies or strategies for truck stops, 
warehouses and other freight handling facilities.
--Accelerated turnover of lawn and garden equipment, especially 
commercial equipment, including promotion of electric equipment.
--Additional promotion of alternative fuel (e.g., biodiesel) for home 
heating and agricultural use.

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

VII. Are the Motor Vehicle Emissions Budgets Established and Identified 
in the Maintenance Plan for the Allentown-Bethlehem-Easton Area Plan 
Adequate and Approvable?

A. What Are the Motor Vehicle Emissions Budgets?

    Under the Act, States are required to submit, at various times, 
control strategy SIPs and maintenance plans in ozone areas. These 
control strategy SIPs (i.e., reasonable further progress SIPs and 
attainment demonstration SIPs) and maintenance plans identify and 
establish MVEBs for certain criteria pollutants and/or their precursors 
to address pollution from on-road mobile sources. In the maintenance 
plan, the MVEBs are termed ``on-road mobile source emission budgets.'' 
Pursuant to 40 CFR part 93 and Sec.  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 Act, new transportation projects, such 
as the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the part of a State's air quality plan that addresses 
pollution from cars and trucks. ``Conformity'' to the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing violations, or delay timely attainment of or reasonable 
progress towards the NAAQS. If a transportation plan does not 
``conform,'' most new projects that would expand the capacity of 
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA 
policy, criteria, and procedures for demonstrating and ensuring 
conformity of such transportation activities to a SIP.
    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA must affirmatively find the MVEB contained 
therein ``adequate'' for use in determining transportation conformity. 
After EPA affirmatively finds the submitted MVEB is adequate for 
transportation conformity purposes, the MVEB can be used by state and 
federal agencies in determining whether proposed transportation 
projects ``conform'' to the SIP as required by section 176(c) of the 
Act. EPA's substantive criteria for determining ``adequacy'' of a MVEB 
are set out in 40 CFR 93.118(e)(4).
    EPA's process for determining ``adequacy'' consists of three basic 
steps: Public notification of a SIP submission, a public comment 
period, and EPA's adequacy finding. This process for determining the 
adequacy of submitted SIP MVEBs was initially outlined in EPA's May 14, 
1999 guidance, ``Conformity Guidance on Implementation of March 2, 
1999, Conformity Court Decision.'' This guidance was finalized in the 
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards and Miscellaneous 
Revisions for Existing Areas; Transportation Conformity Rule 
Amendments--Response to Court Decision and Additional Rule Change'' on 
July 1, 2004 (69 FR 40004). EPA consults this guidance and follows this 
rulemaking in making its adequacy determinations.
    Transportation agencies in Pennsylvania are responsible for making 
timely transportation conformity determinations. There are two 
metropolitan planning organizations (MPOs) that serve as transportation 
planning agencies for the Allentown area: The Lehigh Valley 
Transportation Study (for Lehigh and Northampton Counties), and the 
Northeastern Pennsylvania Alliance (NEPA) (for Carbon County). 
Pennsylvania has established separate motor vehicle emission budgets 
for each of these MPOs. EPA's transportation conformity regulations (40 
CFR 93.124(d)) allow a SIP to establish separate motor vehicle emission 
budgets for each MPO if a nonattainment area contains more than one 
MPO.
    The MVEB for the Allentown Area are listed in Table 1 for 2009 and 
2018. Table 1 presents the projected emissions for the on-road mobile 
sources plus any portion of the safety margin allocated to the MVEBs 
(safety margin allocation for 2009 and 2018 only). These emission 
budgets, when approved by EPA, must be used for transportation 
conformity determinations.

B. What Is a Safety Margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. The attainment level of 
emissions is the level of emissions during one of the years in which 
the area met the NAAQS. The following example is for the 2018 safety 
margin: the Allentown Area attained the 8-hour ozone NAAQS during the 
2004 to 2006 time period. The Commonwealth used 2004 as the year to 
determine attainment levels of emissions for the Allentown Area. The 
sum total emissions for 2004 for point, area, mobile on-road, and 
mobile non-road sources for the Area are 78.0 tpsd of VOC and 122.9 
tpsd of NOX. The PADEP projected that total emissions for 
the year 2018 will be 59.1 tpsd of VOC and 91.8 tpsd of NOX 
from all sources in the Area. The Area-wide safety margin for 2018 
would be the difference between these amounts, or 18.9 tpsd of VOC and 
31.1 tpsd of NOX. The emissions up to the level of the 
attainment year, including the safety margins, are projected to 
maintain the Area's air quality consistent with the 8-hour ozone NAAQS. 
The safety margin is the extra emissions reduction below the attainment 
levels that can be allocated for emissions by various sources as long 
as the total emission levels are maintained at or below the attainment 
levels. Table 6 shows the safety margins for the 2009 and 2018 years.

[[Page 1173]]



      Table 6.--Safety Margins for Allentown-Bethlehem-Easton Area
                             [(2009 & 2018)]
------------------------------------------------------------------------
                                          VOC  emissions  NOX  emissions
             Inventory year                    (tpsd)          (tpsd)
------------------------------------------------------------------------
2004 Attainment.........................            78.0           122.9
2009 Interim............................            66.6           107.2
                                         -------------------------------
    2009 Safety Margin..................            11.4            15.7
2004 Attainment.........................            78.0           122.9
2018 Final..............................            59.1            91.8
                                         -------------------------------
    2018 Safety Margin..................            18.9            31.1
------------------------------------------------------------------------

Lehigh Valley Transportation Study MPO MVEB (Lehigh and Northampton 
Counties)

    The PADEP allocated 1.1 tpsd of VOC and 0.8 tpsd of NOX 
of the 2009 safety margin to the interim VOC projected on-road mobile 
source emissions and the 2009 interim NOX projected on-road 
mobile source emissions to arrive at the 2009 MVEB to be allocated to 
the sub-regional portion of the Area covered by the Lehigh Valley 
Transportation Study MPO (Lehigh and Northampton Counties).
    The PADEP also allocated 1.1 tpsd of VOC and 0.8 tpsd of 
NOX of the 2018 safety margins to arrive at the 2018 MVEBs 
to be allocated to the Lehigh and Northampton County portion of the 
Area covered by the Lehigh Valley Transportation Study MPO.

Northeast Area Pennsylvania Alliance (NEPA) MPO

    The PADEP allocated 0.2 tpsd of VOC and 0.1 tpsd of NOX 
of the 2009 safety margin to the interim VOC projected on-road mobile 
source emissions and the 2009 interim NOX projected on-road 
mobile source emissions to arrive at the 2009 MVEB to be allocated to 
the sub-regional portion of the Area covered by the NEPA MPO (Carbon 
County).
    The PADEP also allocated 0.3 tpsd of VOC and 0.2 tpsd of 
NOX of the 2018 safety margins to arrive at the 2018 MVEBs 
to be allocated to the sub-regional portion of the Area covered by the 
NEPA MPO (Carbon County).
    Once allocated to the budgets these portions of the safety margins 
are no longer available, and may no longer be allocated to any other 
source category. Tables 7 and 8 show the final 2009 and 2018 MVEBs for 
Allentown Area, including the portion of the each total MVEB that has 
been allocated to the Lehigh and Northampton Counties sub-regional 
portion of the Area (served by the Lehigh Valley Transportation Study 
MPO) and for the Carbon County sub-regional portion of the Area (served 
by the NEPA MPO).

 Table 7.--Motor Vehicle Emission Budgets for the Lehigh and Northampton
 Counties Portion of the Allentown-Bethlehem-Easton Area (2009 & 2018) *
                [Lehigh Valley Transportation Study MPO]
------------------------------------------------------------------------
                                          VOC  emissions  NOX  emissions
             Inventory year                   (tpsd)          (tpsd)
------------------------------------------------------------------------
2009 Projected On Road (Highway)                    19.6            28.1
 Emissions..............................
2009 Safety Margin Allocated to MVEBs...             1.1             0.8
                                         -------------------------------
    2009 MVEBs..........................            20.6            28.9
2018 Projected On Road (Highway)                    11.3            11.6
 Emissions..............................
2018 Safety Margin Allocated to MVEBs...             1.1             0.8
                                         -------------------------------
    2018 MVEBs..........................            12.4           12.4
------------------------------------------------------------------------
* PADEP calculates MVEBS using kilograms per summer day, and converts
  the values to tons per summer day for informational purposes. This may
  appear to make the totals in the table incorrect, but is merely the
  result of the rounded tpsd values.


 Table 8.--Motor Vehicle Emission Budgets for the Carbon County Portion
         of the Allentown-Bethlehem-Easton Area (2009 & 2018) *
                [Northeastern Pennsylvania Alliance MPO]
------------------------------------------------------------------------
                                           VOC emissions   NOX emissions
             Inventory year                   (tpsd)          (tpsd)
------------------------------------------------------------------------
2009 Projected On Road (Highway)                     3.2             5.8
 Emissions..............................
2009 Safety Margin Allocated to MVEBs...             0.2             0.1
                                         -------------------------------
    2009 MVEBs..........................             3.4             5.9
2018 Projected On Road (Highway)                     2.0             2.9
 Emissions..............................
2018 Safety Margin Allocated to MVEBs...             0.3             0.2
                                         -------------------------------

[[Page 1174]]


    2018 MVEBs..........................             2.3            3.0
------------------------------------------------------------------------
* PADEP calculates MVEBS using kilograms per summer day, and converts
  the values to tons per summer day for informational purposes. This may
  appear to make the totals in the table incorrect, but is merely the
  result of the rounded tpsd values.

C. Why Are the MVEBs Approvable?

    The 2009 and 2018 MVEBs for the Allentown Area are approvable 
because the MVEBs for VOCs and NOX continue to maintain the 
total emissions at or below the attainment year inventory levels as 
required by the transportation conformity regulations.

D. What Is the Adequacy and Approval Process for MVEBs in the 
Maintenance Plan?

    The MVEBs for the Allentown 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 action on the maintenance plan and the adequacy process for 
the MVEBs contained therein. In this proposed rule, EPA is proposing to 
find the MVEBs adequate and EPA is proposing to approve the MVEBs as 
part of the maintenance plan. The MVEBs cannot be used for 
transportation conformity until the maintenance plan and associated 
MVEBs are approved in a final Federal Register notice, or EPA otherwise 
finds the budgets adequate in a separate action following the comment 
period.
    If EPA receives adverse written comments with respect to the 
proposed approval of the Area's MVEBs, or any other aspect of our 
proposed approval of this updated maintenance plan, we will respond to 
the comments on the MVEBs in our final action or proceed with the 
adequacy process as a separate action. Our action on the Allentown Area 
MVEBs will also be announced on EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/index.htm
 (from there, click 

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

VIII. Proposed Actions

    EPA is proposing to determine that the Allentown-Bethlehem-Easton 
Area has attained the 8-hour ozone NAAQS. EPA is also proposing to 
approve the redesignation of the Area from nonattainment to attainment 
for the 8-hour ozone NAAQS. EPA has evaluated Pennsylvania's 
redesignation request and determined that it meets the redesignation 
criteria set forth in section 107(d)(3)(E) of the Act. EPA believes 
that the redesignation request and monitoring data demonstrate that the 
Area has attained the 8-hour ozone standard. The final approval of this 
redesignation request would change the designation of the Allentown 
Area from nonattainment to attainment for the 8-hour ozone standard. 
EPA is also proposing to approve the associated maintenance plan for 
the Area, submitted on June 26, 2007, as a revision to the Pennsylvania 
SIP. EPA is proposing to approve the maintenance plan for the Allentown 
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 Allentown Area, submitted by PADEP on June 
26, 2007, along with an August 9, 2007 technical correction to the 
emissions inventory to submit previously omitted inventory support 
documents. Finally, EPA is proposing to approve the MVEBs submitted by 
Pennsylvania for the 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. Redesignation of an area to attainment under 
section 107(d)(3)(e) of the Act does not impose any new requirements on 
small entities. Redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on sources. Redesignation of an area to attainment under section 
107(d)(3)(E) of the Act does not impose any new requirements on small 
entities. Redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on sources. Accordingly, the Administrator certifies that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Because this rule proposes to approve pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4). Because this action affects the status of a 
geographical area or allows the state to avoid adopting or implementing 
other requirements and because this action does not impose any new 
requirements on sources, 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 Act. This proposed rule 
also is not subject to Executive Order 13045 (62 FR 19885, April 23, 
1997), because it approves a

[[Page 1175]]

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 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 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 Allentown 
Area to attainment for the 8-hour ozone NAAQS, the associated 
maintenance plan, the 2002 base-year inventory, and the MVEBs 
identified in the maintenance plan, does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501, et seq.).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen oxides, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

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

    Dated: December 18, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8-27 Filed 1-4-08; 8:45 am]

BILLING CODE 6560-50-P
