
[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Rules and Regulations]               
[Page 40747-40750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au09-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0591; FRL-8941-4]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revised Motor Vehicle Emission Budgets for the York-Adams 
Counties 8-Hour Ozone Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. The revision amends the 8-hour ozone maintenance plan for 
the York-Adams Counties 8-Hour Ozone Maintenance Area (the Area). This 
revision amends the maintenance plan's 2009 and 2018 motor vehicle 
emissions budgets (MVEBs) by unequally dividing the existing approved 
MVEBs which covers the entire maintenance area into two sub-regional 
MVEBs, one set of MVEBs for each county comprising the area. The 
revised plan continues to demonstrate maintenance of the 8-hour 
national ambient air quality standard (NAAQS) for ozone. EPA is 
approving this SIP revision to the Pennsylvania maintenance plan for 
York-Adams in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This rule is effective on October 13, 2009 without further 
notice, unless EPA receives adverse written comment by September 14, 
2009. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0591 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: febbo.carol@epa.gov.
    C. Mail: EPA-R03-OAR-2008-0591, Carol Febbo, Chief, Energy, 
Radiation and Indoor Environment Branch, Mailcode 3AP23, 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-
2008-0591. 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.

[[Page 40748]]

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, P.O. Box 8468, 400 
Market Street, Harrisburg, Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by 
e-mail at kotsch.martin@epa.gov.

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

Table of Contents

I. Background
II. Summary of Pennsylvania's SIP Revision and EPA's Review
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On January 14, 2008 (73 FR 2163) EPA redesignated the York-Adams 
Counties area of Pennsylvania to attainment for the 8-hour ozone NAAQS. 
For the York-Adams Counties area, the redesignation included approval 
of an 8-hour ozone maintenance plan, which identifies on-road MVEBs for 
Volatile Organic Compounds (VOCs) and Nitrous Oxides (NOX), 
which are ozone precursors, which are then used for transportation 
planning and conformity purposes. There are two separate metropolitan 
planning organizations (MPOs), in this maintenance area, one in each 
county, with individual responsibility for doing transportation 
conformity for their respective county. Pennsylvania has unequally 
divided the existing MVEBs and created sub-regional MVEBs for each 
county to better accommodate the transportation planning and conformity 
processes within the Area.

II. Summary of Pennsylvania's SIP Revision and EPA's Review 2009 and 
2018 Motor Vehicle Emission Budgets

    On May 23, 2008, the State of Pennsylvania submitted to EPA a 
formal revision to its State Implementation Plan (SIP). The SIP 
revision proposes MVEBs that reflect the unequal division of the 
existing MVEBs for the maintenance area. The divided MVEBs continue to 
ensure maintenance of the NAAQS for ozone for the York-Adams area. The 
following table lists the previously approved MVEBs and the proposed 
reallocation of the MVEBs into sub-regional budgets for the York-Adams 
Counties area.

                       York-Adams Area Reallocation of the MVEBs Into Sub-regional Budgets
                          Current MVEBs in the Approved Maintenance Plan--Both Counties
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                                                                       2009            2018
                                                                  2004 Base year    Projection      Projection
----------------------------------------------------------------------------------------------------------------
VOC.............................................................            16.1            15.9             9.0
NOX.............................................................            26.4            22.8            10.0
----------------------------------------------------------------------------------------------------------------


    Proposed MVEBs in the Revised Maintenance Plan for Both Counties
                             [Tons/day] \1\
------------------------------------------------------------------------
                                            2009 Budget     2018 Budget
------------------------------------------------------------------------
                              Adams County
------------------------------------------------------------------------
VOC.....................................            3.84            2.34
NOX.....................................            4.87            2.54
------------------------------------------------------------------------
                               York County
------------------------------------------------------------------------
VOC.....................................           12.09            6.72
NOX.....................................           17.96            7.50
------------------------------------------------------------------------
\1\ Due to rounding, the new reallocated budgets, if combined, are
  insignificantly higher then the previously approved mobile budgets for
  the entire area. This slight difference will still ensure maintenance
  of the 8-hour ozone attainment as the combined MVEBs are still lower
  then the attainment year budgets.

    EPA is proposing to approve the 2009 and 2018 MVEBs for VOCs and 
NOX emissions listed above in Table 1 as the new MVEBs for 
transportation conformity planning.

III. Final Action

    EPA is approving Pennsylvania's May 23, 2008 SIP revision submittal 
which amends the 8-hour ozone maintenance

[[Page 40749]]

plans for the York-Adams area. This revision unequally divides the 
previously approved 2009 and 2018 MVEBs to create sub-regional MVEBs 
for the two counties comprising the area. EPA is approving this SIP 
revision to the maintenance plan for the Area because the May 23, 2008 
submittal continues to demonstrate maintenance of the 8-hour ozone 
NAAQS with the aggregated sub-regional MVEBs. EPA is publishing this 
rule without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comment, since no 
significant adverse comments were received on the SIP revision at the 
State level. However, in the Proposed Rules section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on October 13, 2009 without further notice 
unless EPA receives adverse comment by September 14, 2009.
    If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 13, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking.
    This action to approve the York-Adams Counties revised maintenance 
plan may not be challenged later in proceedings to enforce its 
requirements. (See, section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 28, 2009.
William C. Early,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart XX--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by 
revising the entry for the 8-Hour Ozone Maintenance Plan for the York-
Adams, PA Area to read as follows:


Sec.  52.2020  Identification of plan.

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

[[Page 40750]]



                            EPA-Approved Non-Regulatory or Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan for  York-Adams Counties         6/14/07  1/14/08, 73 FR 2163
 the York-Adams, PA Area.           Area.
                                                               5/23/08  8/13/09 [Insert
                                                                         page number where
                                                                         the document
                                                                         begins].

                                                  * * * * * * *
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[FR Doc. E9-18864 Filed 8-12-09; 8:45 am]

BILLING CODE 6560-50-P
