[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Proposed Rules]
[Pages 65234-65237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28909]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 210-4302; FRL-7588-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revisions To Update the 1-Hour Ozone Maintenance Plan for 
the Reading Area (Berks County)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania. This revision 
amends Pennsylvania's ten-year plan to maintain the 1-hour ozone 
national ambient air quality standard (NAAQS) in the Reading area 
(Berks County). The maintenance plan is being amended to revise the 
attainment year inventories and motor vehicle emission budgets using 
MOBILE6. The contingency measures portion of the plan is also being 
amended. This action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before December 19, 
2003.

ADDRESSES: Written comments may be mailed to Robert Kramer, Chief, 
Energy, Radiation and Indoor Environment, Mailcode 3AP23, 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; 
andthe Pennsylvania Department of Environmental Protection, Bureau of 
Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Martin T. Kotsch, Energy, Radiation 
and Indoor Environment Branch, U.S. Environmental Protection Agency, 
1650 Arch Street, Mail Code 3AP23, Philadelphia, Pennsylvania 19103-
20209, (215) 814-3335, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 7, 1997 ( 62 FR 24826), EPA approved Pennsylvania's 
redesignation request and ten year plan for continued maintenance of 
the 1-hour ozone NAAQS in the Reading area as a revision to the 
Pennsylvania SIP. This maintenance plan included, among other things, 
MOBILE5-based motor vehicle emissions budgets (MVEBs).
    On October 14, 2003, the Pennsylvania Department of Environmental 
Protection (DEP) submitted a request that EPA parallel process 
revisions to the Pennsylvania SIP's 1-hour ozone maintenance plan for 
the Reading area.
    The maintenance plan identifies and establishes the applicable 
MVEBs for the Reading area to which the area's transportation 
improvement program and long range transportation plan must conform. 
Conformity to MVEBs in a SIP means that transportation activities will 
not produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS. The Reading area maintenance plan 
identifies and establishes the applicable MVEBs for the Reading area 
for both volatile organic compounds (VOC) and nitrogen oxides 
(NOX), which are precursors of ground level ozone, for the 
years 1992, 2004, and 2007.
    The MOBILE model is an EPA emissions factor model for estimating 
pollution from on-road motor vehicles. The MOBILE model calculates 
emissions of VOCs, 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. The MOBILE model is 
used 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 policies and programs at the 
local, State and national level. MOBILE-based inventories are also used 
to meet the Federal Clean Air Act's SIP and transportation conformity 
requirements.
    The MOBILE model was first developed in 1978. It has been updated 
many times to reflect changes in the vehicle fleet and fuels, to 
incorporate EPA's growing understanding of vehicle emissions, and to 
cover new emissions regulations and modeling needs. EPA released 
MOBILE6, a new version of the motor vehicle emissions factor model on 
January 29, 2002 (67 FR 4254). Although some minor updates were made in 
1996 with the release of MOBILE5b, MOBILE6 is the first major revision 
to MOBILE since MOBILE5a was released in 1993. Beginning in January of 
2004, all conformity determinations for new Transportation Improvement 
Programs and/or Transportation Plans will be required to use the 
MOBILE6 emissions model to demonstrate conformity.

II. Summary of the Proposed SIP Revisions to the Reading Area 
Maintenance Plan

A. Revisions to the Motor Vehicle Emission Budgets (MVEBs)

    In the original maintenance plan approved for the Reading area on 
May 7, 1997 (62 FR 24826), emissions growth was projected for all 
source categories (point, area, and highway mobile) starting with the 
year that the area attained the NAAQS (1992). Those original mobile 
emissions budgets were projected based on the MOBILE5 emissions model. 
The October 14, 2003, proposed SIP revision amends the mobile 
inventories for the attainment year (1992) and the MVEBs for 2004 and 
2007 using MOBILE6.

B. Revisions to the Contingency Measures

    In the original maintenance plan for the Reading area, the 
Commonwealth's motor vehicle inspection and

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maintenance (I&M) program was identified as a contingency measure. The 
October 14, 2003, proposed SIP revision moves the I&M program from the 
contingency measures portion of the plan and makes it part of the 
maintenance strategy. Improved rule effectiveness will remain as a 
contingency measure in the maintenance plan.

III. EPA's Evaluation of the Proposed Revisions to the Reading Area 
Maintenance Plan

A. The Revised Attainment Year (1992) Emission Inventories

    The DEP's October 14, 2003, proposed revisions revise the 1992 
attainment year motor vehicle emissions inventories and the 2004 and 
2007 MVEBs using the MOBILE6 model. EPA has articulated its policy 
regarding the use of MOBILE6 in SIP development in its ``Policy 
Guidance on the Use of MOBILE6 for SIP Development and Transportation 
Conformity'' \1\. EPA's review of the DEP's October 14, 2003, submittal 
indicates that it has appropriately applied this policy. EPA policy 
guidance also requires the Commonwealth to consider whether growth and 
control strategy assumptions for non-motor vehicle sources (i.e., 
point, area, and non-road mobile sources) were still accurate at the 
time the October 14, 2003, proposed revision was developed. 
Pennsylvania has reassessed the growth and control strategy assumptions 
for non-motor vehicle sources, and concluded that these assumptions 
continue to be valid for the 1-hour ozone maintenance demonstration for 
the Reading area.
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    \1\ 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.
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    Table 1 summarizes the MOBILE6-based motor vehicle emissions 
inventories in tons per summer day (tpd) for the 1992 attainment year 
in the Reading area.

   Table 1.--MOBILE6-Based Motor Vehicle Emissions Inventories for the
                              Reading Area
------------------------------------------------------------------------
                                                 1992 Attainment year
              Maintenance area               ---------------------------
                                                VOC (tpd)     NOX (tpd)
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Reading.....................................        27.25         35.57
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B. The Revised Motor Vehicle Emissions Budgets (MVEBs)

    For the Reading area maintenance plan, the MVEBs are the projected 
on-road mobile source components of the 2004 and 2007 maintenance 
inventories. Table 2 below summarizes Pennsylvania's proposed revised 
MOBILE6-based budgets. These budgets were developed using the latest 
planning assumptions, including 2002 vehicle registration data, vehicle 
miles traveled, speeds, fleet mix, and SIP control measures. Because 
DEP's October 14, 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 
maintenance of the 1-hour ozone NAAQS, EPA is proposing to approve 
these budgets.

                   Table 2.--MOBILE6-Based MVEBs in the Maintenance Plan for the Reading Area
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                                                                     2004                        2007
                    Maintenance Area                     -------------------------------------------------------
                                                            VOC (tpd)     NOX (tpd)     VOC (tpd)     NOX (tpd)
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Reading Area (Berks County).............................        17.02         28.99         13.81         23.06
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    The October 14, 2003, submittal demonstrates that the new levels of 
motor vehicle emissions calculated using MOBILE6 continue to support 
the demonstration of maintenance of the 1-hour ozone NAAQS for the 
Reading area. This is evidenced by the fact that the 2004 and 2007 
MVEBs shown in Table 2 continue to be well below the 1992 MOBILE6 based 
MVEBs for their attainment year.

IV. EPA's Proposed Action

    EPA is proposing to approve the Commonwealth of Pennsylvania's 
proposed revisions to the maintenance plan for the Reading area which 
were submitted on October 14, 2003. Long term maintenance of the NAAQS 
is deemed to be demonstrated when total projected growth in emissions 
in all categories remains below the level of emissions that occurred in 
the attainment year. EPA's review of the DEP's October 14, 2003, 
submittal indicates that the proposed revisions to the maintenance plan 
continue to demonstrate long term maintenance of the 1-hour ozone 
standard for the Reading area. These revisions are being proposed under 
a procedure called parallel processing, whereby EPA proposes rulemaking 
action concurrent with the Commonwealth's procedures for amending its 
SIP. If the proposed revisions are substantially changed in areas other 
than those identified in this notice, EPA will evaluate those changes 
and may publish another notice of proposed rulemaking. If no 
substantial changes are made other than those areas cited in this 
notice, EPA will publish a Final Rulemaking Notice on the revisions. 
The final rulemaking action by EPA will occur only after the SIP 
revisions have been adopted by Pennsylvania and submitted formally to 
EPA for incorporation into the SIP.
    EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting either electronic or written comments. To ensure proper 
receipt by EPA, identify the appropriate rulemaking identification 
number PA 210-4302 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

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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 210-4302. 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 
Regulations.gov at 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.
    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.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve Commonwealth law as meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by Commonwealth law. Accordingly, the Administrator 
certifies that this proposed rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to 
approve pre-existing requirements under state law and does not impose 
any additional enforceable duty beyond that required by state law, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    This proposed 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 proposes to approve 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 
proposed 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

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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 proposing to approve Pennsylvania's proposed revisions to 
the Reading area's maintenance plan for the 1-hour ozone NAAQS, 
submitted to EPA on October 14, 2003, for parallel-processing, does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

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

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

    Dated: November 10, 2003.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 03-28909 Filed 11-18-03; 8:45 am]
BILLING CODE 6560-50-P