[Federal Register Volume 69, Number 51 (Tuesday, March 16, 2004)]
[Proposed Rules]
[Pages 12293-12296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5872]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA213-4026, FRL-7636-5]


Approval and Promulgation of Implementation Plans; Pennsylvania; 
Revision to the Rate of Progress Plan for the 1-Hour Ozone Standard for 
the Pennsylvania Portion of the Philadelphia Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the Pennsylvania 
State Implementation Plan (SIP). Specifically, EPA is proposing 
approval of the revised mobile emission inventories and 2005 motor 
vehicle emissions budgets (MVEBs) which have been developed using 
MOBILE6, an updated model for calculating mobile emissions of ozone 
precursors. These inventories and MVEBs are part of the Rate of 
Progress (ROP) plan approved for the Pennsylvania portion of the 
Philadelphia-Wilmington-Trenton severe 1-Hour ozone nonattainment area 
(the Philadelphia area). The intended effect of this action is to 
approve a SIP revision that will better enable the Commonwealth of 
Pennsylvania to continue to plan for attainment of the 1-Hour national 
ambient air quality standard (NAAQS) for ozone in the Pennsylvania 
portion of the Philadelphia area. This action is being taken under the 
Clean Air Act.

DATES: Written comments must be received on or before April 15, 2004.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Martin T. Kotsch, Energy, 
Radiation and Indoor Environment, Mail Code 3AP23, 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 the 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

    The MOBILE model is an EPA emissions factor model for estimating 
pollution from on-road motor vehicles. 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 emission 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 
levels. Inventories based on MOBILE 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 officially 
released the MOBILE6 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, the MOBILE6 version of the model is its 
first major revision since MOBILE5a was released in 1993.

II. Summary of the SIP Revisions and EPA's Evaluation

A. The Revised Emission Inventories

    On January 9, 2004, the Commonwealth of Pennsylvania submitted 
proposed SIP revisions, and requested that EPA parallel process its 
approval of those SIP revisions concurrent with the state's process for 
amending its SIP. These proposed SIP revisions revise the 1990 and 2005 
motor vehicle emissions inventories and the 2005 motor vehicle 
emissions budgets using the MOBILE6 model. The January 9, 2004, 
submittal demonstrates that the new levels of motor vehicle emissions 
calculated using MOBILE6 continue to demonstrate ROP for the 1-Hour 
ozone NAAQS for the Pennsylvania portion of the Philadelphia area for 
the year 2005.
    Table 1 summarizes the revised motor vehicle emissions inventories 
area in tons per summer day (tpd). These revised inventories were 
developed using the latest planning assumptions, including 2002 vehicle 
registration data, vehicle miles traveled (VMT), speeds, fleet mix, and 
SIP control measures.

          Table 1.--Revised Motor Vehicle Emissions Inventories
------------------------------------------------------------------------
                                      1990                  2005
                             -------------------------------------------
     Nonattainment Area          VOC        NOX        VOC        NOX
                                (tpd)      (tpd)      (tpd)      (tpd)
------------------------------------------------------------------------
Pennsylvania Portion of the      239.95     252.93      79.69     144.73
 Philadelphia Area..........
------------------------------------------------------------------------

    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\ Consistent with this 
policy guidance, the Commonwealth of Pennsylvania's January 9, 2004, 
submittal includes a relative reduction comparison to show that its 1-
Hour Ozone ROP Plan continues to demonstrate ROP for attainment using 
revised MOBILE6 inventories for its portion of the Philadelphia area. 
The

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Commonwealth's methodology for the relative reduction comparison 
consisted of comparing the new MOBILE6 inventories with the previously 
approved (66 FR 54143) MOBILE5 inventories for the Pennsylvania portion 
of the Philadelphia area. Specifically, the state calculated the 
relative reductions (expressed as percent reductions) in ozone 
precursors between the MOBILE5-based 1990 base year and attainment year 
inventory. These percent reductions were then compared to the percent 
reductions between the revised MOBILE6-based 1990 base year and 
attainment year inventories. It should again be noted that the latest 
planning assumptions were used in modeling for the Commonwealth's 
relative reduction comparison.
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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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    Pennsylvania's relative reduction comparison shows that for the 
Pennsylvania portion of the Philadelphia area, the percent reductions 
in VOC and NOX emissions achieved in the revised MOBILE6-
based inventories are lower than the percent reductions calculated with 
MOBILE5. The analysis determined that the new MOBILE6 analysis resulted 
in a 6.65 tons per day NOX shortfall and a 0.82 tons per day 
VOC shortfall.
    Based upon the emission inventories and using EPA guidance titled 
``NOX Substitution'' United States Environmental Protection 
Agency, Office of Air Quality Planning and Standards, dated December 
1993, Pennsylvania determined that for the Philadelphia area 
approximately 1 ton of NOX emissions is equivalent to 1.37 
tons of VOC emissions, as emissions of those pollutants relate to their 
potential to form ozone. Using this factor, Pennsylvania converted 
their NOX shortfall to a VOC equivalent shortfall (6.65 tons 
of NOX per day x 1.37 tons VOC/ton of NOX = 9.11 
tons of VOC). Combining this with the previously calculated VOC 
shortfall of 0.82 tons per day results in a total VOC shortfall of 9.93 
tons per day. In order to continue to demonstrate adequate emission 
reductions for ROP, credit from recently adopted control programs 
pursuant to the Ozone Transport Commission (OTC) Model rules were added 
as control measures to the 2005 ROP plan. These new measures include 
the following Pennsylvania regulations developed in accordance with the 
OTC Model Rules: consumer products, portable fuel containers, AIM 
coatings, mobile equipment finishing and solvent cleaning operations. 
These control measures have total creditable VOC reduction of 41.89 
tons per day, which is more than adequate to offset the increase in 
mobile emissions as calculated with MOBILE6.
    EPA's policy guidance also required the state 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 January 9, 2004, submittal was developed. Pennsylvania 
reviewed the growth and control strategy assumptions for non-motor 
vehicle sources, and concluded that these assumptions continue to be 
valid for its 1-Hour Ozone ROP Plan.
    Pennsylvania's January 9, 2004, 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 demonstrate ROP for the year 2005 in the Pennsylvania portion of the 
Philadelphia area.

B. The Revised Motor Vehicle Emissions Budgets (MVEBs)

    The MVEBs are the on-road components of VOC and NOX 
emissions of the 2005 attainment inventories. Table 2 summarizes 
Pennsylvania's revised MVEBs contained in the January 9, 2004, 
submittal. These budgets were developed using the latest planning 
assumptions, including 2002 vehicle registration data, VMT, speeds, 
fleet mix, and SIP control measures. Because Pennsylvania's January 9, 
2004, 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 demonstrate ROP for 2005 
for the Pennsylvania portion of the Philadelphia area, EPA is proposing 
to approve these budgets.

        Table 2.--Pennsylvania's Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
                                                       2005 Attainment
                                                   ---------------------
                Nonattainment Area                     VOC        NOX
                                                      (tpd)      (tpd)
------------------------------------------------------------------------
Pennsylvania Portion of the Philadelphia Area.....      79.69     144.73
------------------------------------------------------------------------

III. Proposed EPA Action

    EPA is proposing to approve the Pennsylvania revisions to the 2005 
ROP plan which were submitted on January 9, 2004. These revisions amend 
the Pennsylvania's 1990 and 2005 motor vehicle emission inventories and 
the 2005 motor MVEBs for the Pennsylvania portion of the Philadelphia 
area to reflect the use of MOBILE6. These revisions are being proposed 
under a procedure called parallel processing, whereby EPA proposes 
rulemaking action concurrent with the state's procedures for amending 
its ROP Plans. If the proposed revisions are substantively changed in 
areas other than those identified in this action, EPA will evaluate 
those changes and may publish another notice of proposed rulemaking. If 
no substantive changes are made to the currently proposed SIP revision, 
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 this 
proposed rule. 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 PA213-4026 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 PA213-4026. EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
without going through Regulations.gov,

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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.

IV. 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 state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state 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 (Public Law 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 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 revised 1990 and 2005 
motor vehicle emission inventories and 2005 MVEBs of the 2005 ROP plan 
using MOBILE6 for the Pennsylvania

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portion of the Philadelphia area and 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: March 5, 2004.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 04-5872 Filed 3-15-04; 8:45 am]
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