[Federal Register Volume 67, Number 218 (Tuesday, November 12, 2002)]
[Rules and Regulations]
[Pages 68521-68526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28495]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[PA181-4181a; FRL-7399-4


Approval and Promulgation of Air Quality Implementation Plans; 
Designation of Areas for Air Quality Planning Purposes; Pennsylvania; 
Redesignation of the Allegheny County Carbon Monoxide Nonattainment 
Area and Approval of Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a request for 
Pennsylvania for redesignation of the carbon monoxide (CO) 
nonattainment area in Allegheny County, to attainment of the CO 
national ambient air quality standard (NAAQS). EPA is also approving 
the plan for maintaining the CO standard in Allegheny County, as well 
as the 1990 base year CO emissions inventory for Allegheny County. 
Pennsylvania's Redesignation Request and Maintenance Plan was submitted 
to EPA on August 17, 2001. The 1990 base year inventory was submitted 
to EPA on November 12, 1992, and revised by the August 17, 2001, 
submittal. EPA is approving the redesignation request, the maintenance 
plan and the emissions inventory in accordance with the requirements of 
the Clean Air Act.

DATES: This rule is effective on January 13, 2003, without further 
notice, unless EPA receives adverse written comment by December 12, 
2002. 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: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available 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; 
the Air and Radiation Docket and Information Center, 1301 Constitution 
Avenue, NW., Room B108, Washington, DC 20460; and Pennsylvania 
Department of Environmental Protection, Bureau of Air Quality, P.O. Box 
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814-
2174, or by e-mail at [email protected].

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

Table of Contents

Introduction

I. When Was This Area Originally Designated Nonattainment for Carbon 
Monoxide?
II. What Are the Geographic Boundaries of the CO Nonattainment 
Areas?
III. What Are the Criteria for Redesignation?
IV. Has the State Met the Criteria for Redesignation?
    A. What Data Shows Attainment of the CO NAAQS in Allegheny 
County?
    B. Fully Approved SIP Under Section 110(i) of the Act?
    i. Section 110 Requirements.
    ii. Part D Requirements
    a. Subpart 1 of part D--Section 172(c) Provisions
    b. Subpart 1 of Part D--Section 176 Conformity Provisions
    c. Subpart 3 Requirements
    C. Improvement in Air Quality Due to Permanent and Enforceable 
Measures?
    D. Fully Approved Maintenance Plan Under Section 175A?
    i. What Is the Limited Maintenance Plan Option?
    ii. How Has the State Met the Limited Maintenance Plan 
Requirements?
    a. Emissions Inventory
    b. Projection of Emissions Over the Maintenance Period
    c. Verification of Continued Attainment
    d. Contingency Plan
    e. Conformity Determinations
    iii. Commitment to Submit Subsequent Maintenance Plan Revisions
    E. How Does the State Meet the Applicable Requirements of 
Section 110 and Part D?
V. Final Action
VI. Administrative Requirements

Introduction

    Under the Clean Air Act (Act), EPA may redesignate areas to 
attainment if sufficient data are available to warrant such changes and 
the area meets the criteria contained in section 107(d)(3) of the Act. 
This includes full approval of a maintenance plan which meets the 
requirements of section 175A. On August 17, 2001, the Commonwealth of 
Pennsylvania submitted a redesignation request and section 175A 
maintenance plan for the Allegheny County CO nonattainment area. When 
approved, the section 175A maintenance plan will become a Federally 
enforceable part of the SIP for these areas.
    On November 12, 1992, the Commonwealth of Pennsylvania submitted a 
1990 Base Year Emissions Inventory for Allegheny County, including CO 
data. The August 17, 2001, submittal revised some of the figures in the 
1990 Base Year Inventory.
    The following is a detailed analysis of the Redesignation Request 
and section 175A Maintenance Plan SIP submittal.

I. When Was This Area Originally Designated Nonattainment for Carbon 
Monoxide?

    EPA originally designated part of Allegheny County as a CO 
nonattainment area under section 107 of the Act on September 12, 1978 
(43 FR 40513). The area defined as CO nonattainment included high 
traffic density areas within the Central Business District (CBD) and 
certain other high traffic density areas. In 1990, Congress amended the 
act (1990 Act) and added a provision which authorizes EPA to classify 
nonattainment areas according to the degree of severity of the 
nonattainment problem. In 1991, EPA designated and classified all 
areas. The CBD of the city of Pittsburgh in Allegheny County was 
designated as nonattainment and not classified for CO (40 CFR 81.339). 
The area was not classified because at the time of the designation and 
classification in 1991, air quality monitoring data recorded in the 
area did not show violations of the CO NAAQS. However, the Commonwealth 
had not completed a redesignation request showing that it had complied 
with all of the requirements of section 107 of the Act. As a result, 
EPA designated the area as nonattainment, but did not establish a 
nonattainment classification. The preamble to the Federal Register 
document for the 1991 designation contains more details on this action 
(56 FR 56694). Since the EPA's 1991 designation, monitors in the area 
have not recorded a violation of the CO NAAQS. As a result, the area is 
eligible for redesignation to attainment consistent with the 1990 Act. 
On August 17, 2001, Pennsylvania submitted a SIP revision to the EPA, 
containing a redesignation request, maintenance plan, and updates to 
the CO emissions inventory. The Commonwealth held public hearings on 
the SIP revision on March 16, 2001. Public comments were

[[Page 68522]]

not received on this proposed redesignation at the state level.

II. What Are the Geographic Boundaries of the CO Nonattainment Areas?

    The CO nonattainment area in the Allegheny County was defined under 
43 FR 40517 as ``the high traffic density areas within the Central 
Business District and certain other high traffic density areas.'' (In 
its SIP revision, the Commonwealth notes that ``the CBD is generally 
the downtown triangle bounded by the Allegheny River, the Monongahela 
River and I-579.'' Adding that the phrase ``other high traffic density 
areas,'' ``describes what is considered the Oakland neighborhood of 
Pittsburgh.'').

III. What Are the Criteria for Redesignation?

    The 1990 Act revised section 107(d)(3)(E), which specifies five 
requirements that an area must meet to be redesignated from 
nonattainment to attainment.
    These requirements are:
    1. The area has attained the applicable NAAQS;
    2. The area has a fully approved SIP under section 110(k) of the 
Act;
    3. The air quality improvement is permanent and enforceable;
    4. The area has a fully approved maintenance plan pursuant to 
section 175A of the Act; and
    5. The area has met all relevant requirements under sect9ion 110 
and part D of the Act.

IV. Has the State Met the Criteria for Redesignation?

    The EPA has reviewed the Pennsylvania redesignation request for the 
Allegheny County area and finds that the requests meets the five 
requirements of section 107(d)(3)(E).

A. What Data Shows Attainment of the CO NAAQS in Allegheny County?

    Pennsylvania has quality-assured CO ambient air monitoring data 
showing that Allegheny County has met the CO NAAQS. The request is 
based upon an analysis of quality-assured CO air monitoring data that 
is relevant to the maintenance plan and the redesignation request. To 
attain the CO NAAQS, an area must have complete quality-assured CO air 
monitoring data showing no more than one exceedance of the standard per 
year over at least three consecutive years.
    Between 1988 and 1999, the Allegheny County Health Department 
continuously operated two monitors in the county, and one additional 
monitor from 1997. The design value for the latest two years of quality 
assured data (1998 and 1999) is 3.9 ppm, measured at the Forbes Avenue 
and Grant Street monitoring site in 1999. Air quality data for the 
three CO monitoring sites shows that from 1988 through 1999, there were 
no violations of the 8-hour CO NAAQS in the nonattainment area, the 
last violation have occurred in 1987. The 1-hour CO standard is also 
being met at these monitoring sites, the last violation having occurred 
in 1980. Additional historic data are included in the Commonwealth's 
request. Pennsylvania's request is based on an analysis of quality-
assured CO air quality data. This data was compiled in an EPA-approved, 
quality assured, National Air Monitoring System monitoring network. As 
a result, the area meets the first statutory criterion for 
redesignation to attainment of the CO NAAQS.
    The Commonwealth has committed to continue monitoring in these 
areas in accordance with 40 CFR part 58. As discussed further below, 
the design value for Allegheny County, 3.9 ppm, meets the test for the 
limited maintenance plan option since the design values are well below 
the 7.8 ppm level.
    Since the area's 1990 design value for CO was 8.0 ppm, supplemental 
air quality modeling is not needed to support this request.\1\
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    \1\ CO nonattainment areas with design value of 12.7 ppm or 
lower when the 1990 Act was passed, are not required to model 
attainment of the area on order to redesignate. (September 4, 1992, 
memorandum from John Calcagni, ``Procedures for Processing Requests 
to Redesignate Areas to Attainment.'')
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B. Fully Approved SIP Under Section 110(k) of the Act?

i. Section 110 Requirements
    Pennsylvania CO SIP was fully approved by EPA as meeting all the 
requirements of section 110(a)(2)(I) of the Act, including the 
requirements of part D (relating to nonattainment), which were due 
prior to the date of Pennsylvania's redesignation request. The 1982 CO 
SIP, except for the Inspection and Maintenance (I/M) portion was fully 
approved by EPA on February 26, 1985, 40 CFR 52.2020(c)(63), (50 FR 
772). The I/M portion of the SIP was approved by EPA on April 8, 1987, 
at 40 CFR 52.2020(c)(66), (52 FR 11259), and revised to an enhanced 
program by EPA's approval on June 17, 1999, at 40 CFR 52.2020(c)(139), 
(64 FR 32411). The Clean Air Act Amendments of 1990 and part D also 
added emission reduction requirements for CO areas which were 
classified as moderate and serious nonattainment. Areas such as the 
portion of Allegheny County classified as nonattainment, not 
classified, did not have additional emission reduction requirements.
ii. Part D Requirements
    Part D contains general provisions that apply to all nonattainment 
plans and certain sections that apply to specific pollutants. Before 
EPA may redesignate the Allegheny County CO nonattainment areas to 
attainment, the SIP must have fulfilled the applicable requirements of 
part D. Under part D, an area's classification indicates the 
requirements to which it is subject. Subpart 1 to part D sets forth the 
basic nonattainment requirements applicable to all nonattainment areas, 
classified as well as not classified. EPA designated the Allegheny 
County areas as a ``not classified'' CO nonattainment area on November 
15, 1990, codified at 40 CFR 81.339. Therefore, to be redesignated to 
attainment, the Commonwealth must meet the applicable requirements of 
subpart 1 of part D--specifically sections 172(c) and 176. The subpart 
3 requirements of part D do not apply to unclassified areas.
a. Subpart 1 of Part D--Section 172(c) Provisions
    Subpart 1 of part D addresses nonattainment areas in general. 
Section 172(c) describes the nonattainment plan provisions 
specifically. The requirements of section 172(c)(1) are met by the CO 
SIP, approval dates as given above. The Federal requirements for new 
source review (NSR) in nonattainment area are contained in section 
172(c)(5). EPA guidance indicates the requirements of part D NSR 
program will be replaced by the prevention of significant deterioration 
(PSD) program when an area has reached attainment and been 
redesignated, provided there are assurances that PSD will become fully 
effective immediately upon redesignation. To that end, Allegheny County 
has been delegated the Federal PSD program and has adopted the PSD 
requirements promulgated in 40 CFR 52.21, incorporating them by 
reference in its regulations as provided in article XXI, section 
2102.07.
    The remaining requirements under section 172(c), except for 
Conformity provisions discussed below, are not applicable, since 
attainment has already been measured, or will be satisfied as part of 
the maintenance plan included as part of the redesignation request.

[[Page 68523]]

b. Subpart 1 of Part D--Section 176 Conformity Provisions
    Part D, section 176(c)(4)(C) requires each state to have submitted 
to EPA by November 15, 1992, a SIP revision establishing a conformity 
process. This date was extended to November 25, 1994, as EPA did not 
promulgate its conformity rule until November 15, 1993. The 
Commonwealth submitted its SIP revision on November 21, 1994, and EPA 
found it administratively and technically complete. However, due to 
continuing amendments to EPA rulemaking on state-specific revisions was 
deferred. In 1998, the Commonwealth submitted a updated Conformity SIP 
revision, however, EPA has placed rulemaking for this plan on hold, 
pending the results of legal action related to the new ozone and 
particulate matter standards. Since the Commonwealth has fulfilled its 
requirement to submit a Conformity SIP revision, and the delay on 
rulemaking is a result of EPA policy, EPA will not hold up approval of 
the CO redesignation due to lack of an approved Conformity SIP 
revision.
c. Subpart 3 Requirements
    Section 1871 of the Act, ``Plan Submission and Requirements,'' 
which is a part of subpart 3, Additional Provisions for CO 
Nonattainment Areas, does not need to be satisfied for this 
redesignation request. Section 187 requirements do not apply to areas 
``not classified'' for CO.

C. Improvement in Air Quality Due to Permanent and Enforceable 
Measures?

    In order to redesignate an area, EPA must determine that the 
improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
implementation plan and applicable Federal air pollutant control 
regulations and other permanent and enforceable reductions.
    The Commonwealth's 1982 CO SIP for Southwestern PA, approved by EPA 
in 1985, identified Federal, state and local measures to bring the area 
into attainment. These measures are: the Federal Motor Vehicle Control 
Program, the Commonwealth's I/M program (since revised to an enhanced 
program), and other transportation control measures.
    As discussed above, Allegheny County has measured attainment of the 
CO NAAQS since 1988, indicative of improvements due to permanent and 
enforceable measures contained in the 1982 CO SIP.
    The Commonwealth has demonstrated that actual enforceable emission 
reductions are responsible for the air quality improvement and that the 
CO emissions in the base year are not artificially low due to local 
economic downturn. EPA finds that the combination of certain existing 
EPA-approved SIP and Federal measures contribute to the permanence and 
enforceability or reduction in ambient CO levels that have allowed the 
area to attain the NAAQS.

D. Fully Approved Maintenance Plan Under Section 175A?

    Section 175A of the Act sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
The plan must demonstrate continued attainment of the applicable NAAQS 
for at least 10 years after the EPA approves a redesignation to 
attainment. Eight years after the redesignation, that State must submit 
a revised maintenance plan which demonstrates attainment for the 10 
years following the initial 10-year period. To address potential future 
NAAQS violations, the maintenance plan must contain contingency 
measures, with a schedule for implementation adequate to assure prompt 
correction of any air quality problems.
    Under section 175A(d) contingency provisions must include a 
requirement that the State will implement all control measures that 
were in the SIP prior to redesignation as an attainment area. In this 
section, EPA is approving the Allegheny County maintenance plan because 
EPA finds that submittal meets the requirements of section 175A. The 
details of the maintenance plan requirements and how the submittal 
meets these requirements are detailed below.
i. What Is the Limited Maintenance Plan Option?
    The EPA issued guidance on October 6, 1995, titled ``Limited 
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas.'' 
This option is only available to CO nonattainment areas with design 
values at or below 7.65 ppm (85 percent of exceedance levels of the CO 
ambient air quality standard). The limited maintenance plan option 
allows areas that are well below the NAAQS ambient air quality standard 
to submit a less rigorous maintenance plan than was formerly required. 
The design value for CO in Allegheny County for the years 1998 and 1999 
was 3.9 ppm, qualifying the area for use of a limited maintenance plan 
option.
    The limited maintenance plan must meet certain core requirements. 
These requirements are:
    a. The State must submit an attainment emissions inventory based on 
actual ``typical winter day'' emissions of CO in the monitored 
attainment years.
    b. The maintenance demonstration does not need to project emissions 
over the maintenance period. The design value criteria are expected to 
provided adequate assurance of maintenance over the initial 10-year 
period.
    c. The State must continue operating an approved air quality 
monitoring network.
    d. The State must have a contingency plan and specific indicators 
or triggers for implementation of the contingency plan.
    e. The conformity determination under a limited maintenance plan 
can consider the emissions budget as essentially not constraining for 
the length of the initial maintenance plan.
ii. How Has the State Met the Limited Maintenance Plan Requirements?
a. Emissions Inventory
    EPA is approving the 1990 Base Year CO Emissions Inventory for CO, 
submitted to EPA in November 1992, and approving the ``typical winter 
day'' emissions for highway on-road sources in Allegheny County 
submitted to EPA on August 17, 2001, along with the redesignation 
request. The 1990 Base Year Inventory submittal contains the detailed 
inventory data and summaries by source category, prepared in accordance 
with EPA guidance. Table 1 summarizes the 1990 Base Year Inventory for 
the seven county Pittsburgh area Metropolitan Statistical Area.

                              Table 1.--CO 1990 Base Year Emissions in Tons per Day
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                     County                         Point         Area       Off-road     Highway       Total
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Allegheny......................................          438            7          201          542         1188
Armstrong......................................            6            4           10           24           44
Beaver.........................................           20            3           24           71          118

[[Page 68524]]

 
Butler.........................................          230            9           26           69          334
Fayette........................................            0            8           17           46           71
Washington.....................................            5            9           30          108          152
Westmoreland...................................           26            2           68          170          266
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    MSA--Total.................................          725           42          376         1030         2173
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    For purposes of demonstrating compliance with an attainment 
inventory, typical of a winter day (when CO concentrations are of 
concern), the Commonwealth prepared and submitted an updated CO 
emissions inventory for the highway source category in Allegheny 
County. The 1990 CO emissions inventory for highway, or on-road 
sources, was updated by Allegheny County and the Commonwealth for the 
CO redesignation request, using winter-time inputs in MOBILE 5b. This 
inventory identifies the level of emissions in the area sufficient to 
attain the NAAQS, since the 1990 design value was 8.1 ppm. The 1999 
emissions inventory reflects the impact of the Federal Motor Vehicle 
Control Program Tier 1 standards, and Pennsylvania's Enhanced 
Inspection and Maintenance program. The Commonwealth and Allegheny 
County point out in their submittal that while CO emissions are also a 
result of point, area, and off-road sources, their submittal's 
attainment inventory only includes emissions from highway, on-road 
sources, since motor vehicles are the primary source of CO emissions in 
the nonattainment area, the Pittsburgh Central Business District. EPA 
concurs with this assessment of the inventory needs and is approving 
the typical winter day CO emissions inventory for highway sources as 
detailed in Table 2.

        Table 2.--Typical Winter Day CO Emissions in Tons per Day
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               Allegheny County inventory year                  Highway
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1990.........................................................       1219
1999.........................................................        625
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    As previously stated, Allegheny County has adequately demonstrated 
continued attainment of the CO NAAQS.
b. Projection of Emissions Over the Maintenance Period
    In accordance with the limited maintenance plan option, Allegheny 
County is not required to project emissions over the maintenance 
period.
c. Verification of Continued Attainment
    In the submittal the Commonwealth commits to continue to operate 
and maintain the network of ambient CO monitoring stations in 
accordance with provisions of 40 CFR parts 53 and 58 to demonstrate 
ongoing compliance with the CO NAAQS. The submittal presents the 
tracking plan for the maintenance period which consists of continued CO 
monitoring. The Commonwealth will continue to monitor CO levels in the 
Allegheny County Central Business District to demonstrate ongoing 
compliance with the CO NAAQS.
d. Contingency Plan
    As required by section 175A of the Act, Pennsylvania has provided 
contingency measures with a schedule for implementation if a future CO 
air quality problem occurs. Contingency measures in the plan include 
restrictions on vehicle idling in the central business district during 
winter months (November through February), to be implemented within 12-
15 months after a recorded violation of the CO standard.
e. Conformity Determinations
    The limited maintenance plan option allows the Commonwealth to 
consider the emissions budget as essentially not constraining for the 
length of the initial maintenance plan.
iii. Commitment To Submit Subsequent Maintenance Plan Revisions
    A new maintenance plan must be submitted to EPA within eight years 
of the redesignation of the nonattainment area, as required by section 
175(A)(b). This subsequent maintenance plan must constitute a SIP 
revision and provide for the maintenance of the CO NAAQS for a period 
of 10 years after the expiration of the initial 10 year maintenance 
period.

E. How Does the State Meet the Applicable Requirements of Section 110 
and Part D?

    As noted above, because the area is a ``not classified'' 
nonattainment area, the 1990 Act did not establish additional 
requirements under subpart 3. Prior to the 1990 Amendments, EPA had 
fully approved the State's CO SIP. Since the area is not subject to the 
subpart 3 requirements, no additional requirements exist under section 
110(k) which the State must address prior to redesignation.

V. Final Action

    EPA is approving, the Allegheny County redesignation request for CO 
because the County and the Commonwealth have complied with the 
requirements of section 107(d)(3)(E) of the Act. In addition, EPA is 
approving the Allegheny County CO maintenance plans as a SIP revision 
meeting the requirements of section 175A.
    EPA is publishing this action without prior proposal because EPA 
views this as a noncontroversial revision and anticipates no adverse 
comments. 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 January 13, 2003, without further notice 
unless EPA receives adverse comment. 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. Please note 
that if EPA receives adverse comment on an amendment, paragraph, or 
section of this rule and if that provision may be severed from the 
remainder of the rule, EPA may adopt as final those provisions of the 
rule that are not the subject of an adverse comment.

VI. Administrative Requirements

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,

[[Page 68525]]

``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCSs. It would thus 
be inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 13, 2003. 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, the redesignation of the Allegheny County 
CO nonattainment area to attainment and approval of the area's 
maintenance plan and the 1990 base year CO emissions 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
Recordkeeping requirements.

40 CFR Part 81

    Air Pollution control, National parks, Wilderness areas.

    Dated: October 17, 2002.
Thomas C. Voltaggio,
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. Section 52.2020 is amended by adding paragraph (c)(183) to read 
as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (183) The CO redesignation and maintenance plan for Southwestern 
Pennsylvania submitted by the Pennsylvania Department of Environmental 
Protection on August 17, 2001, as part of the Pennsylvania SIP. The 
1990 base year CO emissions inventory was submitted by the Pennsylvania 
Department of Environmental Protection on November 12, 1992.
    (i) Incorporation by reference.
    (A) Letter of August 17, 2001, from the Pennsylvania Department of 
Environmental Protection transmitting a redesignation request and 
maintenance plan for the CO monoxide nonattainment area in Southwestern 
Pennsylvania.
    (B) Maintenance Plan for the Southwestern Pennsylvania Carbon 
Monoxide nonattainment area, effective July 12, 2001.
    (ii) Additional Material.--Remainder of the August 17, 2001 
submittal pertaining to the revisions listed in paragraph (c)(183)(i) 
of this section.
* * * * *

    3. Section 52.2036 is amended by adding paragraph (n) to read as 
follows:


Sec.  52.2036  1990 base year emissions inventory.

* * * * *
    (n) EPA approves as a revision to the Pennsylvania SIP the 1990 
base year CO emissions inventory for Southwestern Pennsylvania, 
including Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and 
Westmoreland counties, submitted by the Secretary of the Pennsylvania 
Department of Environmental Protection on November 12, 1992, and as 
revised on August 17, 2001. This submittal consists of the 1990 base 
year inventory for point, area, off-road, and highway emissions for 
these counties, for the pollutant CO.

PART 81--[AMENDED]

Subpart C--Section 107 Attainment Status Designations

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


[[Page 68526]]


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


    2. In Sec.  81.339, the table for ``Pennsylvania--Carbon Monoxide'' 
is amended by revising the entry for the Pittsburgh Area to read as 
follows:


Sec.  81.339  Pennsylvania.

* * * * *

                                          Pennsylvania--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                                   Designation                         Classification
           Designated area           ---------------------------------------------------------------------------
                                        Date\1\              Type             Date\1\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Pittsburgh Area:
    Allegheny County (part) high          1/13/02  Attainment.
     traffic density areas within
     the Central Business District
     and certain other high traffic
     density areas.
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
[FR Doc. 02-28495 Filed 11-8-02; 8:45 am]
BILLING CODE 6560-50-M