[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Rules and Regulations]
[Pages 39854-39856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14823]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA217-4230a; FRL-7777-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revision to the 1-Hour Ozone Maintenance Plan for the 
Pittsburgh-Beaver Valley Area to Reflect the Use of MOBILE6

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. The revision amends Pennsylvania's ten-year plan to 
maintain the 1-hour ozone national ambient air quality standard (NAAQS) 
in the Pittsburgh-Beaver Valley ozone maintenance area (the Pittsburgh 
area). The maintenance plan is being amended to revise the volatile 
organic compound (VOC) and nitrogen oxides (NOX) motor 
vehicle emission budgets (MVEBs) to reflect the use of MOBILE6. The 
intended effect of this action is to approve a SIP revision that will 
better enable the Commonwealth of Pennsylvania to maintain attainment 
of the 1-hour ozone NAAQS in the Pittsburgh area. This action is being 
taken in accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on August 30, 2004 without further 
notice, unless EPA receives adverse written comment by August 2, 2004. 
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: Submit your comments, identified by PA217-4230, by one of 
the following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. E-mail: [email protected].
    C. Mail: Carol Febbo, Chief, Energy, Radiation and Indoor 
Environment Branch, Mail code 3AP23, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. PA217-4230. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information through 
regulations.gov or e-mail that you consider to be CBI or otherwise 
protected. The federal regulations.gov website is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    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, U.S. Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460; and the 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Larry Budney, (215) 814-2184, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 19, 2001 (66 FR 53094), EPA redesignated the Pittsburgh 
area to attainment for the 1-hour ozone NAAQS and approved the 
maintenance plan submitted by the Pennsylvania Department of 
Environmental Protection (DEP) as a revision to the Pennsylvania SIP. 
The Pittsburgh area consists of Allegheny, Armstrong, Beaver, Butler, 
Fayette, Washington and Westmoreland Counties. The approved maintenance 
plan demonstrates that the area will maintain the 1-hour ozone NAAQS 
for ten years from the date of its approval (through 2011). The plan 
includes VOC and NOX emission inventories for all

[[Page 39855]]

(point, area, highway and non-road mobile) source sectors for the years 
1990, 1999, 2007 and 2011. The highway, or on-road, portion of the 
mobile inventories also constitute the MVEBs for each year. These MVEBs 
are to be used to demonstrate conformity when performing analyses of 
transportation plans. The MVEBs in the maintenance plan approved on 
October 19, 2001 are based upon the MOBILE5 emissions model.

II. Summary of SIP Revision

    On April 22, 2004, the Pennsylvania DEP submitted a formal revision 
to its SIP. The revision amends the ten-year maintenance plan for the 
1-hour ozone NAAQS in the Pittsburgh area. The maintenance plan is 
being amended to revise the highway mobile emissions, and, therefore, 
the MVEBs to reflect the use of the MOBILE6 emissions model. The 
MOBILE6 model is an updated version of the MOBILE model used for 
calculating highway mobile source emissions of the ozone precursors VOC 
and NOX. The remaining sectors of the VOC and NOX 
emission inventories (point, area and non-road mobile) are unchanged 
from those in the original maintenance plan approved by EPA on October 
19, 2001. The 1-hour ozone NAAQS, the maintenance plan approved by EPA 
on October 19, 2001 demonstrated continued attainment of the 1-hour 
ozone NAAQS by showing that total emissions (from all emission source 
sectors) projected to 2011 would remain below the total emissions in 
the 1999 attainment year. The year 1999 was chosen as it was one the 
three years of consecutive air quality data used to demonstrate 
attainment of the 1-hour ozone NAAQS. The year 2007 was chosen as an 
interim year between 2001 and 2011.
    The following table presents the revised highway mobile emissions, 
and, therefore, MVEBs for the Pittsburgh area based upon MOBILE6. 
Emissions are presented in tons per Summer day:

------------------------------------------------------------------------
                                              2004      2007      2011
------------------------------------------------------------------------
VOC.......................................     74.03     60.42     45.68
NOX.......................................    140.63    110.37     77.09
------------------------------------------------------------------------

    In the following tables, the revised MOBILE6-based highway 
emissions are entered in place of the original MOBILE5-based highway 
mobile emissions. The tables show the same VOC and NOX 
emission levels for each of the other emission inventory sectors as 
those of the maintenance plan approved by EPA on October 19, 2001. When 
the Pittsburgh area maintenance plan's original MOBILE5 based highway 
mobile emissions are replaced with the revised MOBILE6 based highway 
mobile emissions, the tables indicate that attainment will continue to 
be maintained through 2011. All emissions are presented in tons per 
Summer day:

------------------------------------------------------------------------
            VOC source sectors                1999      2007      2011
------------------------------------------------------------------------
Point.....................................     34        36        38
Area......................................    130       136       142
Non-road..................................     64        42        37
Highway...................................    104.25     60.42     45.68
                                           -----------
    Total.................................    332.25    274.42    262.68
------------------------------------------------------------------------


------------------------------------------------------------------------
            NOX source sectors                1999      2007      2011
------------------------------------------------------------------------
Point.....................................    282       199       199
Area......................................     10        10        10
Non-road..................................     75        67        60
Highway...................................    182.73    110.37     77.09
    Total.................................    549.73    386.37    346.09
------------------------------------------------------------------------

III. Final Action

    EPA is approving Pennsylvania's April 22, 2004 SIP revision. The 
revision amends the Pittsburgh-Beaver Valley area maintenance plan for 
the 1-hour ozone NAAQS by updating the highway mobile emission 
inventories and, therefore, the MVEBs to reflect the use of the MOBILE6 
emissions model. The revised plan for the Pittsburgh-Beaver Valley area 
continues to demonstrate maintenance of the 1-hour NAAQS for ozone 
through 2011.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. 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 August 30, 2004 without further 
notice unless EPA receives adverse comment by August 2, 2004. 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.

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

[[Page 39856]]

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 August 30, 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 a revision to the Pittsburgh-
Beaver Valley area's maintenance plan for the 1-hour NAAQS 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: June 10, 2004.
Richard J. Kampf,
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 52.2020 is amended by adding paragraph (c)(226) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (226) Revisions to Pennsylvania's 1-hour ozone maintenance plan for 
the Pittsburgh-Beaver Valley area to revise the highway mobile 
emissions and, therefore, the motor vehicle emission budgets to reflect 
the use of MOBILE6. These revisions were submitted by the Commonwealth 
of Pennsylvania's Department of Environmental Protection on April 22, 
2004.
    (i) Incorporation by reference.
    (A) Letter of April 22, 2004 from the Pennsylvania Department of 
Environmental Protection transmitting a revision to Pennsylvania's 1-
hour ozone maintenance plan for the Pittsburgh-Beaver Valley area.
    (B) Document entitled, ``Revision to the State Implementation Plan 
for the Pittsburgh-Beaver Valley Area--Revised Highway Vehicle 
Emissions Budgets' dated April, 2004. The document revises the 
Pittsburgh-Beaver Valley 1-hour ozone maintenance plan, establishing 
revised motor vehicle emission budgets of 74.03 tons/day of volatile 
organic compounds (VOC) and 140.63 tons/day of nitrogen oxides 
(NOX) for 2004, 60.42 tons/day of VOC and 110.37 tons/day of 
NOX for 2007, and 45.68 tons/day of VOC and 77.09 tons/day 
of NOX for 2011.
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(226)(i) of this 
section.

[FR Doc. 04-14823 Filed 6-30-04; 8:45 am]
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