[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Rules and Regulations]
[Pages 58608-58613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25634]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 201-4401a; FRL-7570-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revised MOBILE6-Based Motor Vehicle Emission Budget for 
the Pennsylvania Portion of the Philadelphia-Wilmington-Trenton Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Pennsylvania State Implementation Plan (SIP). Specifically, EPA is 
acting to approve a revised 2005 highway motor vehicle emission 
inventory for the Pennsylvania portion of the Philadelphia-Wilmington-
Trenton (the Philadelphia area) 1-hour ozone attainment plan. This 
revised highway vehicle emissions inventory also serves as the 2005 
motor vehicle emissions budget for purposes of determining 
transportation conformity under the Clean Air Act. The revised mobile 
emissions budget was developed using MOBILE6--the most recent available 
version of the EPA-developed MOBILE highway motor vehicle emission 
factor model. Revision of the mobile budget was a requirement of EPA's 
prior approval of the Commonwealth's 1-hour ozone National Ambient Air 
Quality Standard (NAAQS) attainment demonstration for the Philadelphia 
severe ozone nonattainment area. The intended effect of this direct 
final approval action is to approve a SIP revision that will assist 
Pennsylvania in attaining and conforming to attainment of the 1-hour 
ozone NAAQS standard in the Philadelphia area. This action is being 
taken by EPA in accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on December 9, 2003 without further 
notice, unless EPA receives adverse written comment by November 10, 
2003. 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: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Electronic comments should be sent either to [email protected] or 
to http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. To submit comments, please 
follow the detailed instructions described in Part III of the 
SUPPLEMENTARY INFORMATION section. 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; 
and at the Pennsylvania Department of Environmental Protection, Bureau 
of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

[[Page 58609]]


FOR FURTHER INFORMATION CONTACT: Brian Rehn, Air Quality Planning 
Branch, U.S. EPA, 1650 Arch Street, Mail Code 3AP21, Philadelphia, 
Pennsylvania 19103-2029, by telephone at (215) 814-2176, or by e-mail 
at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. Pennsylvania's SIP-Approved Attainment Demonstration and Mobile 
Budget

    On October 21, 2001, EPA approved Pennsylvania's 1-hour ozone 
attainment demonstration SIP for the Philadelphia area (66 FR 54143). 
As part of that approval action, EPA required the Commonwealth to 
revise the SIP to include a recalculated 2005 attainment year motor 
vehicle transportation conformity emission budget. This 2005 highway 
mobile budget was to be updated using the latest version EPA's newest 
emission factor model (MOBILE6) within one year of the availability of 
that new version of the model. EPA released the MOBILE6 model on 
January 29, 2002, and therefore Pennsylvania was required to submit its 
revised mobile budget SIP for the Philadelphia area by January 29, 
2003.
    On January 17, 2003, Pennsylvania formally submitted a revision to 
its SIP containing the updated mobile budget, revising using MOBILE6, 
for the Philadelphia ozone nonattainment area. On May 28, 2003, EPA 
published a notice in the Federal Register (68 FR 31700) declaring this 
revised Philadelphia mobile budget adequate for transportation 
conformity purposes.

B. Background on the MOBILE Emission Factor Model and Related EPA 
Policy

    MOBILE is an EPA emissions factor model for estimating pollution 
from on-road motor vehicles in states (with the exception of 
California, which has developed its own model). The MOBILE model 
calculates emissions of volatile organic compounds (VOCs), nitrogen 
oxides (NOX) and carbon monoxide (CO) from passenger cars, 
motorcycles, buses, and light-duty and heavy-duty trucks. The model 
accounts for the emission impacts of factors such as changes in vehicle 
emission standards, changes in vehicle populations and activity, and 
variation in local conditions such as temperature, humidity, fuel 
quality, and air quality programs. Among other uses, the MOBILE model 
helps to calculate current and future inventories of motor vehicle 
emissions at the national and local level. These inventories are used 
to make decisions about air pollution policy and programs at the local, 
state and national level. Inventories based on MOBILE are also used to 
meet the federal Clean Air Act's SIP and transportation conformity 
requirements.
    The MOBILE model, first developed in 1978, has been updated many 
times to reflect changes to motor vehicles and fuel composition, to 
incorporate better understanding of vehicle emissions, and to reflect 
new emissions programs. EPA announced the release of the MOBILE6 
version of the MOBILE model in the January 29, 2002 edition of the 
Federal Register (67 FR 4254), as a replacement for a MOBILE5 version 
of the model.
    In November of 1999, EPA issued two memoranda \1\ to articulate its 
policy regarding states that incorporated MOBILE5-based interim Tier 2 
standard \2\ benefits into their attainment demonstration plans and 
those plans' associated motor vehicle emissions budgets (or budgets).
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    \1\ Memoranda, ``Guidance on Motor Vehicle Emissions Budgets in 
1-Hour Ozone Attainment Demonstrations,'' issued November 3, 1999, 
and ``1-Hour Ozone Attainment Demonstrations and Tier2/Sulfur 
Rulemaking,'' issued November 8, 1999. Copies of these memoranda can 
be found on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
    \2\ The final rule on Tier 2 Motor Vehicle Emissions Standards 
and Gasoline Sulfur Control Requirements (``Tier 2 standards'') for 
passenger cars, light trucks, and larger passenger vehicles was 
published on February 10, 2000 (65 FR 6698).
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    EPA has implemented this policy in all ozone nonattainment areas 
where a state assumed federal Tier 2 benefits in its attainment 
demonstration plans according to EPA's April 2000 MOBILE5 guidance, 
``MOBILE5 Information Sheet 8: Tier 2 Benefits Using 
MOBILE5.'' States whose attainment demonstrations or maintenance plans 
include interim MOBILE5-based estimates of the Tier 2 standards were 
required to revise and resubmit their budgets within either one or two 
years of the final release of MOBILE6.
    EPA's October 21, 2001 (66 FR 54143) approval of Pennsylvania's 1-
hour ozone attainment demonstration plan for the Philadelphia area was 
based upon an interim mobile budget, with projected reductions from 
Tier 2 motor vehicle standards estimated using the MOBILE5 model. EPA's 
October 2001 approval of Pennsylvania's 1-hour ozone attainment 
demonstration for the Philadelphia area required a MOBILE6-based motor 
vehicle emissions budget SIP revision within one year after EPA 
released the MOBILE6 model. EPA released the MOBILE6 model on January 
29, 2002, therefore Pennsylvania's MOBILE6 mobile budget SIP was due 
January 29, 2003.

II. Summary of SIP Revision and EPA's Review

    On January 17, 2003, the Commonwealth of Pennsylvania submitted a 
SIP revision containing updated inventories of emissions of the ozone 
precursors VOC and NOX from highway mobile sources operating 
in the Philadelphia ozone attainment area. These summertime inventories 
were generated for summertime periods in 1990 and for 2005, the year 
Philadelphia is to attain the 1-hour ozone standard. This updated motor 
vehicle emissions modeling was generated through use of the newly 
released MOBILE6 model. The 2005 motor vehicle emissions inventory 
projection also serves as the motor vehicle emissions budget, or mobile 
budget, for transportation conformity planning. The Commonwealth's 
January 2003 SIP revision is intended to demonstrate that the updated 
projections of motor vehicle emissions (calculated using the MOBILE6 
emissions factor model) continue to support the demonstrations of 
attainment of the 1-hour ozone NAAQS for the Philadelphia area by 2005.
    Table 1 below contrasts Pennsylvania's revised MOBILE6-based motor 
vehicle emissions inventories with the previously approved MOBILE5-
based inventories for the Philadelphia area, by pollutant, expressed in 
units of tons per summer day (tpd). These revised inventories were 
developed using the latest available planning assumptions, including 
1999 Pennsylvania Department of Transportation vehicle registration 
data and 1999 traffic data and information vehicle miles traveled 
(VMT). Updated information was used for atmospheric model input (i.e., 
temperature and humidity conditions). Rates of growth for highway 
mobile sources have also been updated.

[[Page 58610]]



   Table 1.--Comparison of Pennsylvania's MOBILE5 and Revised MOBILE6-
 Based Highway Mobile Emissions Inventories for the Philadelphia 1-Hour
                          Ozone Attainment Plan
------------------------------------------------------------------------
                                            1990              2005
                                     -----------------------------------
     Philadelphia 5-county area         VOC      NOX      VOC      NOX
                                       (tpd)    (tpd)    (tpd)    (tpd)
------------------------------------------------------------------------
MOBILE5-based inventory.............   187.90   158.33    60.18    77.46
MOBILE6-based (revised) inventory...   239.95   252.93    79.69   144.73
------------------------------------------------------------------------

    EPA's articulated its policy regarding its policy on the use of 
MOBILE6 modeling for purposes of SIP development in several guidance 
documents entitled ``Policy Guidance on the Use of MOBILE6 for SIP 
Development and Transportation Conformity''\3\ and ``Clarification of 
Policy Guidance for MOBILE6 in Mid-course Review Areas.''\4\
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    \3\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP 
development and Transportation Conformity,'' issued January 18, 
2002. A copy of this memorandum can be found on EPA's Web site at 
http://www.epa.gov/otaq/transp/traqconf.htm.
    \4\ Memorandum, ``Clarification of Policy Guidance for MOBILE6 
SIPs in Mid-course Review Areas,'' issued February 12, 2003. A copy 
of this memorandum can be found on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
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    Pennsylvania's January 17, 2003 SIP revision includes an 
explanation of the differences between the MOBILE5 and MOBILE6-based 
inventories. The SIP also provides a comparison of the relative 
reduction, by percentage, between the 1990 and 2005 inventories 
generated using the two different versions of the models to ensure that 
the approved Philadelphia 1-hour ozone attainment demonstration will 
continue to demonstrate attainment by 2005. The methodology for this 
relative reduction comparison consists of comparing the revised MOBILE6 
baseline and attainment case inventories, by pollutant, with the 
previously approved (66 FR 54143) MOBILE5 inventory totals for the 5-
county Philadelphia area to determine if attainment can still be 
predicted by the attainment date. The Commonwealth then compared these 
relative reduction percentages for the MOBILE5 versus MOBILE6 
inventories for 1995 and 2005. It should be noted that since the latest 
available planning assumptions were used the revised, MOBILE6-based 
modeling, this relative reduction comparison is not an exact comparison 
of only the differences between the different versions of the MOBILE 
models.
    Pennsylvania's relative reduction comparison shows that the 
reduction in VOC emissions, on a percentage basis, is greater in the 
revised MOBILE 6-based inventories than in the previously approved 
MOBILE5 inventories. However, the there is a slight increase, on a 
percentage basis, in NOX in the revised MOBILE6-based 
inventories compared to the previous MOBILE5 inventories. The 
Commonwealth argues that the benefit of additional reduction in VOCs 
outweighs the slight NOX increase--which the Commonwealth 
justifies quantitatively by using a 1.3 to 1 VOC to NOX 
substitution ratio to weigh directly the actual VOC to NOX 
emissions resultant from the MOBILE5 and MOBILE6-based inventories. 
This method of weighting VOC versus NOX emissions shows that 
the increased reductions in VOC emissions outweigh the increase in 
NOX emissions demonstrated by the MOBILE6-based inventories. 
Pennsylvania's choice of VOC to NOX substitution ratios for 
this comparison stems from its use in New Source Review emission 
trading in the Philadelphia ozone nonattainment area.
    EPA's relevant policy guidance also required the Commonwealth to 
consider whether growth and control strategy assumptions for other 
sources (i.e., point, area, and non-road mobile sources) were still 
accurate at the time the revised MOBILE6 budget SIP submission (i.e., 
January 2003). Pennsylvania's SIP revision states that growth and 
control strategy assumptions for these other emissions sources have 
been reevaluated, with the conclusion that these assumptions for growth 
and control strategies continue to be valid for the Philadelphia 1-hour 
ozone attainment demonstration.
    Pennsylvania's January 17, 2003 SIP revision satisfies the 
conditions outlined in EPA's MOBILE6 Policy guidance, and demonstrates 
that the new levels of motor vehicle emissions calculated using MOBILE6 
continue to support achievement of the projected attainment of the 1-
Hour Ozone NAAQS by the attainment date of 2005 for Pennsylvania 
portion of the Philadelphia-Wilmington-Trenton area.

The Revised Mobile Budget

    For Pennsylvania's Philadelphia area attainment plan, the mobile 
budgets are the on-road components of VOC and NOX emissions 
of the 2005 attainment inventories. Table 2 below summarizes 
Pennsylvania's revised budgets contained in the January 17, 2003 
submittal. These budgets were developed using the latest planning 
assumptions, including 1999 vehicle registration data and VMT. Because 
Pennsylvania's January 2003 submittal satisfies the conditions outlined 
in EPA's MOBILE6 Policy guidance, and demonstrates that the new levels 
of motor vehicle emissions calculated using MOBILE6 continue to support 
achievement of the projected attainment of the 1-Hour Ozone NAAQS, EPA 
is taking rulemaking action to approve this mobile emissions budget.

          Table 2.--Philadelphia Motor Vehicle Emissions Budget
------------------------------------------------------------------------
                                                          VOC      NOX
             Type of Control Strategy SIP                (tpd)    (tpd)
------------------------------------------------------------------------
1-Hour ozone attainment demonstration SIP.............    79.69   144.73
------------------------------------------------------------------------

III. Final Action

    Pennsylvania has adequately demonstrated to EPA that its 1-hour 
attainment demonstration SIP for the Philadelphia area (as revised in 
by the January 2003 MOBILE6-based highway emissions inventory) will 
continue to demonstrate attainment of the ozone NAAQS with the 
incorporation of the

[[Page 58611]]

updated highway emissions inventory. EPA is therefore approving the 
Pennsylvania SIP revision submitted on January 17, 2003 to revise the 
Philadelphia 1990 and 2005 highway mobile VOC and NOX 
emissions inventories and the revised 2005 motor vehicle emissions 
budget.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment, as this revision serves the purpose of updating the 
highway mobile emissions inventory using the latest version of EPA's 
mobile source emission factor model and the most recently available 
emissions modeling planning assumptions. This SIP revision is the 
result of a requirement to update the highway mobile inventory using 
MOBILE6 specified by EPA's October 26, 2001 approval of the 
Pennsylvania's 1-hour ozone attainment demonstration for the 
Philadelphia area. Also, EPA declared the mobile source inventory 
adequate for transportation conformity purposes on May 28, 2003.
    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 this SIP revision if adverse comments are filed. 
This rule will be effective on December 9, 2003 without further notice 
unless EPA receives adverse comment by November 10, 2003. 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.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number (PA 201-4401) in the subject line on the first 
page of your comment. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be marked ``late.'' EPA is not required to 
consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to: 
[email protected], attention PA 201-4401. EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulations.gov , EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document. For 
public commenters, it is important to note that EPA's policy is that 
public comments, whether submitted electronically or in paper, will be 
made available for public viewing at the EPA Regional Office, as EPA 
receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in the official public rulemaking file. The entire printed 
comment, including the copyrighted material, will be available at the 
Regional Office for public inspection.

Submittal of CBI Comments

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR Part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:

1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support 
your views.
4. If you estimate potential burden or costs, explain how you arrived 
at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.

[[Page 58612]]

7. Make sure to submit your comments by the comment period deadline 
identified.
8. To ensure proper receipt by EPA, identify the appropriate regional 
file/rulemaking identification number in the subject line on the first 
page of your response. It would also be helpful if you provided the 
name, date, and Federal Register citation related to your comments.

IV. 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. 
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 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 
23, 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 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 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 December 9, 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 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 29, 2003.
James W. Newsom,
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 NN--Pennsylvania

0
2. Section 52.2037 is amended by:
0
a. Removing and reserving paragraph (j)(2);
0
b. Revising paragraph (k);
0
c. Adding paragraph (l).
    The revision and addition read as follows:


Sec.  52.2037  Control strategy and rate-of-progress plans: ozone.

* * * * *
    (j) * * *
    (2) [Reserved]
* * * * *
    (k) EPA approves the following mobile budgets of the post-1996 rate 
of progress plans and the 2005 attainment plan:

       Transportation Conformity Budgets for the Philadelphia Area
------------------------------------------------------------------------
                                                             Date of
Type of control strategy SIP    Year     VOC      NOX        adequacy
                                        (tpd)             determination
------------------------------------------------------------------------
Post-1996 ROP Plan..........     1999     88.6    109.6  June 23, 2000
                                                          (65 FR 36438,
                                                          June 8, 2000)
Post-1996 ROP Plan..........     2002    69.52    93.13  June 23, 2000
                                                          (65 FR 36438,
                                                          June 8, 2000)
Post-1996 ROP Plan..........     2005    61.76    86.42  June 23, 2000
                                                          (65 FR 36438,
                                                          June 8, 2000)
Attainment Demonstration....     2005    79.69   144.73  June 12, 2003
                                                          (68 FR 31700,
                                                          May 28, 2003)
------------------------------------------------------------------------


[[Page 58613]]

    (1) [Reserved]
    (2) [Reserved]
    (l) EPA approves the Commonwealth of Pennsylvania's revised 1990 
and the 2005 VOC and NOX highway mobile emissions 
inventories and the 2005 motor vehicle emissions budgets for the 1-hour 
ozone attainment SIP for the Philadelphia-Wilmington-Trenton severe 
ozone nonattainment area. These revisions were submitted by the 
Pennsylvania Department of Environmental Protection on January 17, 
2003. Submission of these revised MOBILE6-based motor vehicle emissions 
inventories was a requirement of EPA's approval of the attainment 
demonstration under paragraph (j) of this section.

[FR Doc. 03-25634 Filed 10-9-03; 8:45 am]
BILLING CODE 6560-50-P