[Federal Register Volume 69, Number 99 (Friday, May 21, 2004)]
[Rules and Regulations]
[Pages 29238-29240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11339]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA213-4026; FRL-7663-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; The 2005 ROP Plan for the Pennsylvania Portion of the 
Philadelphia-Wilmington-Trenton Severe Area Severe 1-Hour Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the Commonwealth of Pennsylvania. These revisions amend 
Pennsylvania's rate-of-progress (ROP) plan for 2005 for its portion of 
the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment 
area (the Philadelphia area). These revisions update the plan's 
emission inventories and motor vehicle emissions budgets (MVEBs) to 
reflect the use of MOBILE6 while continuing to satisfy the ROP 
requirement for 2005. The revisions also amend the contingency measures 
associated with the 2005 ROP plan. These SIP revisions are being 
approved in accordance with the Clean Air Act (the Act).

DATES: Effective Date: This final rule is effective on June 21, 2004.

ADDRESSES: 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 Kotsch, (215) 814-3335, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 16, 2004 (69 FR 12293), EPA published a notice of proposed 
rulemaking (NPR) proposing approval of revisions to Pennsylvania's 2005 
ROP plan for its portion of the Philadelphia area. The revisions update 
the plan's mobile emissions inventories and 2005 MVEBs to reflect the 
use of MOBILE6, an updated model for calculating mobile emissions of 
ozone precursors. These SIP revisions were proposed under a procedure 
called parallel processing, whereby EPA proposes its rulemaking action 
on a SIP revision concurrently with a state's procedures for amending 
its SIP. The Pennsylvania Department of the Environmental Protection 
(PADEP) submitted the proposed SIP revisions to EPA on January 9, 2004 
for parallel processing. On March 16, 2004 (69 FR 12293), EPA proposed 
approval of Pennsylvania's January 9, 2004 submittal. No comments were 
submitted to EPA on its March 16, 2004 proposal. The PADEP formally 
submitted the final SIP revisions to EPA on February 23, 2004. That 
final submittal had no substantive changes from the proposed version 
submitted on January 9, 2004. A detailed description of Pennsylvania's 
submittal and EPA's rationale for its proposed approval were presented 
in NPR published on March 16, 2004, and

[[Page 29239]]

will not be restated in their entirety here.

II. Summary of the SIP Revisions

    These SIP revisions amend the 1990 and 2005 motor vehicle emissions 
inventories and 2005 MVEBs of Pennsylvania's 2005 ROP plan for its 
portion of the Philadelphia area to reflect the use of the MOBILE6 
motor vehicle emissions model. The PADEP has demonstrated that the 
revised plan's levels of motor vehicle emissions, calculated using 
MOBILE6, continue to demonstrate the required ROP for 2005. These 
revised MOBILE6-based MVEBs in the 2005 ROP plan are identical to the 
MOBILE6-based MVEBs of the 2005 attainment demonstration plan for the 
Philadelphia area found adequate by EPA on May 28, 2003 (68 FR 31700). 
The revised mobile inventories and MVEBs being approved for 
Pennsylvania's 2005 ROP Plan are shown in tons per day (tpd) in Tables 
1 and 2.

                  Table 1.--Motor Vehicle Emissions Inventories of Pennsylvania's 2005 ROP Plan
----------------------------------------------------------------------------------------------------------------
                                                                     1990                        2005
   Philadelphia-Wilmington-Trenton severe 1-hour ozone   -------------------------------------------------------
                      nonattainment                        VOC  (tpd)    NOX  (tpd)    VOC  (tpd)    NOX  (tpd)
----------------------------------------------------------------------------------------------------------------
Pennsylvania Portion....................................       239.95        252.93         79.69        144.73
----------------------------------------------------------------------------------------------------------------


  Table 2.--Motor Vehicle Emissions Budgets in Pennsylvania's 2005 ROP
                                  Plan
------------------------------------------------------------------------
                                                     2005 ROP plan
  Philadelphia-Wilmington-Trenton severe 1-  ---------------------------
        hour ozone nonattainment area          VOC  (tpd)    NOX  (tpd)
------------------------------------------------------------------------
Pennsylvania Portion........................        79.69        144.73
------------------------------------------------------------------------

III. Final Action

    EPA is taking final action to approve the SIP revisions submitted 
by the Commonwealth of Pennsylvania on February 23, 2004. These 
revisions amend the 1990 and 2005 motor vehicle emissions inventories 
and 2005 MVEBs of Pennsylvania's 2005 ROP plan for the Philadelphia 
area severe 1-hour ozone nonattainment area to reflect the use of 
MOBILE6.
    These SIP revisions were proposed under a procedure called parallel 
processing, whereby EPA proposes a rulemaking action concurrently with 
a state's procedures for amending its SIP. On January 9, 2004, the 
PADEP submitted its proposed SIP revisions to EPA. On March 16, 2004 
(69 FR 12293), EPA proposed approval of Pennsylvania's January 9, 2004 
submittal. No comments were submitted to EPA on its EPA's March 16, 
2004 proposal. The PADEP formally submitted the final SIP revisions to 
EPA on February 23, 2004. EPA has evaluated Pennsylvania's final SIP 
revisions submitted on February 23, 2004 and finds that no substantive 
changes were made from the proposed SIP revisions submitted on January 
9, 2004.

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 (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 
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) 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.).

[[Page 29240]]

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 July 20, 2004. 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 to approve revisions to Pennsylvania's 2005 ROP plan 
for its portion of the Philadelphia area to reflect the use of MOBILE6 
may not be challenged later in proceedings to enforce their 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: May 10, 2004.
Donald S. Welsh,
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 revising the section heading, 
redesignating the existing paragraph (i) as (i)(1) and adding paragraph 
(i)(2), and revising paragraph (k) to read as follows:


Sec.  52.2037  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (i)(1) * * *
    (2) EPA approves revisions to the Pennsylvania State Implementation 
Plan, submitted by the Secretary of the Pennsylvania Department of the 
Environmental Protection on February 23, 2004. These revisions amend 
Pennsylvania's rate-of-progress (ROP) plan for year 2005 for its 
Pennsylvania portion of the Philadelphia-Wilmington-Trenton 1-hour 
ozone nonattainment area. These revisions update the 2005 ROP plan's 
1990 and 2005 motor vehicle emissions inventories and motor vehicle 
emissions budgets to reflect the use of the MOBILE6 emissions model, 
and establish revised motor vehicle emissions budgets of 79.69 tons per 
day (tpd) of volatile organic compounds and 144.73 tpd of nitrogen 
oxides.
* * * * *
    (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 adequacy determination
      Type of control strategy SIP           Year      VOC  (tpd)    NOX  (tpd)        or SIP approval date
----------------------------------------------------------------------------------------------------------------
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         79.69        144.73  June 21, 2004 (May 21, 2004,
                                                                                   Insert Federal Register page
                                                                                   citation).
Attainment Demonstration...............         2005         79.69        144.73  June 12, 2003 (68 FR 31700,
                                                                                   May 28, 2003).
----------------------------------------------------------------------------------------------------------------

    (1) [Reserved]
    (2) [Reserved]

[FR Doc. 04-11339 Filed 5-20-04; 8:45 am]
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