	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Parts 52 and 81

	[EPA-R03-OAR-2007-0625; FRL-         ]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania;  Redesignation of the York (York and Adams Counties)
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
York (York and Adams Counties) ozone nonattainment area (York Area) be
redesignated as attainment for the 8-hour ozone ambient air quality
standard (NAAQS).  EPA is approving the ozone redesignation request for
York Area.  In conjunction with its redesignation request, PADEP
submitted a SIP revision consisting of a maintenance plan for York Area,
which EPA is approving, that provides for continued attainment of the
8-hour ozone NAAQS for at least 10 years after redesignation.  EPA is
also approving the motor vehicle emission budgets (MVEBs) and the
adequacy determination for those MVEBs that are identified in the York
Area maintenance plan for purposes of transportation conformity.  In
addition, EPA is approving the 2002 base year inventory for the York
Area that PADEP submitted.  EPA is approving the redesignation request,
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).

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

ADDRESSES:  EPA has established a docket for this action under Docket
ID Number EPA-R03-OAR-2007-0625.  All documents in the docket are listed
in the www.regulations.gov website.  Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute.  Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form.  Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.  Copies of the State
submittal are available at the Pennsylvania Department of 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   HYPERLINK "mailto:quinto.rose@epa.gov"  quinto.rose@epa.gov
.

SUPPLEMENTARY INFORMATION:  

I.  Background	

On October 24, 2007 (72 FR 60296), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania.  The NPR proposed
approval of Pennsylvania’s redesignation request and maintenance plan
SIP revisions for the York Area that provide for continued attainment of
the 8-hour ozone NAAQS for at least 10 years after redesignation.  The
NPR also proposed approval of a 2002 base year emissions inventory for
the York Area.  The formal SIP revisions were submitted by PADEP on June
14, 2007.  Other specific requirements of Pennsylvania’s redesignation
request and maintenance plan SIP revisions, 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 CAA
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 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 2002 base year emissions inventory SIP
revisions because they satisfy the requirements for approval.  EPA has
evaluated Pennsylvania’s redesignation request that was submitted on
June 14, 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 York Area
has attained the 8-hour ozone standard.  The final approval of this
redesignation request will change the designation of the York Area from
nonattainment to attainment for the 8-hour ozone standard.  EPA is
approving the maintenance plan for the York Area submitted on June 14,
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 14, 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 York Area for the 8-hour
ozone maintenance plan are adequate and approved for conformity
purposes.  As a result of our finding, the York 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	VOC 	NOx

2009	15.9	22.8

2018	 9.0	10.0



The York 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 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 [insert date 60 days from date of publication of
this document in the Federal Register].  Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action. 


This action, approving the redesignation of the York Area to attainment
for the 8-hour ozone NAAQS, the associated maintenance plan, the MVEBs
identified in the maintenance plan and the 2002 base year emission
inventory, 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

40 CFR Part 81

Air pollution Control, National Parks, Wilderness Areas.

                                                                        
                            

___12/27/07_______                                                 
___/s/________________________    

Dated:                             				William T. Wisniewski,           
                     							            Regional Administrator,

                                  					Region III.

40 CFR parts 52 and 81 are amended as follows: 

PART 52 - [AMENDED] 

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

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

Subpart NN ( Pennsylvania

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

( 52.2020  	Identification of plan.

* 	* 	* 	* 	*

(e) * * *  

   (1)* * *	

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

*            *             *            *            *            *     
     *

8-Hour Ozone Maintenance Plan and 2002 Base Year Emissions Inventory
York, PA:

  Adams County

  York County 	06/14/07	[Insert Federal Register] publication date]
[Insert page number where the document begins]

	

*	*	*	*	*

PART 81- [AMENDED]

The authority citation for Part 81 continues to read as follows:  

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

In §81.339, the table entitled “Pennsylvania- Ozone (8-Hour
Standard)” is amended by revising the entry for York, PA, Adams County
and York County to read as follows:

§81.339                    Pennsylvania

*          *          *          *          *

Pennsylvania – Ozone (8-Hour Standard)

Designated Area	Designationa	Category/Classification

	Date1	Type	Date1	Type

*           *           *           *           *           *          
*

York, PA:  

Adams County

York County	[Insert date 30 days from date of publication]	Attainment



*           *           *           *           *           *          
*



aIncludes Indian County located in each county or area, except otherwise
noted.

1This date is June 15, 2004, unless otherwise noted.

*           *           *           *           *

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