[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Rules and Regulations]
[Pages 16958-16964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6503]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RME Docket Number; R03-OAR-2005-DC-0001, R03-OAR-2005-MD-0001, R03-
OAR-2005-PA-0010; FRL-7894-4]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia, Maryland, Virginia and Pennsylvania; Revised 
Carbon Monoxide Maintenance Plans for Washington Metropolitan, 
Baltimore and Philadelphia Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving State 
Implementation Plan (SIP) revisions submitted by the District of 
Columbia, the State of Maryland, the Commonwealth of Virginia, and the 
Commonwealth of Pennsylvania that provide revised carbon monoxide (CO) 
maintenance plans and transportation conformity budgets for the 
Washington Metropolitan area, the Baltimore area, and the Philadelphia 
area. These plans provide for continued maintenance of the National 
Ambient Air Quality Standard (NAAQS) for CO. For the Washington 
Metropolitan area, the District of Columbia formally submitted its 
maintenance plan revision on March 9, 2004; the Maryland Department of 
the Environment formally submitted its revision on March 3, 2004, and 
the Commonwealth of Virginia submitted its revision on March 22, 2004. 
The Maryland Department of the Environment formally submitted its 
revision for the Baltimore area on July 15, 2004, previously having 
submitted a parallel processing request of the same name on December 
18, 2003. The Pennsylvania Department of Environmental Protection 
formally submitted its revision for the Philadelphia area on September 
3, 2004. In this action, EPA is approving the revised maintenance plans 
and revised transportation conformity budgets for each respective CO 
maintenance area. This action is being taken under section 110 of the 
Clean Air Act (CAA).

DATES: This rule is effective on June 3, 2005 without further notice, 
unless EPA receives adverse written comment by May 4, 2005. 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 Regional Material in 
EDocket (RME) ID Number R03-OAR-2005-DC-0001 for the Washington 
Metropolitan area plan, R03-OAR-2005-MD-0001 for the Baltimore area 
plan, and/or R03-OAR-2005-PA-0010 for the Philadelphia area plan by one 
of the following methods:
    A. Federal eRulemaking Portal:  http://www.regulations.gov.*COM028* 
Follow the on-line instructions for submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    C. E-mail: [email protected].
    D. Mail: R03-OAR-2005-DC-0001, R03-OAR-2005-MD-0001, and/or R03-
OAR-2005-PA-0010 Makeba Morris, Chief, Air Quality Planning Branch, 
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103.
    E. 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 RME ID No. R03-OAR-2005-DC-
0001, R03-OAR-2005-MD-0001, and/or R03-OAR-2005-PA-0010. EPA's policy 
is that all comments received will be included in the public docket 
without change, and may be made available online at http://www.docket.epa.gov/rmepub/, 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 that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 RME or 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.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of material to be 
incorporated by reference are available at the Air and Radiation Docket 
and Information Center, U.S. Environmental Protection Agency, 1301 
Constitution Avenue, NW, Room B108, Washington, DC 20460. Copies of the 
respective State submittals are available at: District of Columbia 
Department of Public Health, Air Quality Division, 51 N Street, NE., 
Washington, DC 20002; Maryland Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230; 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105; Virginia Department of Environmental Quality, 629 East Main 
Street, Richmond, Virginia 23219; Department of Public Health, Air 
Management Services, 321 University Avenue, Philadelphia, Pennsylvania 
19104.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814-
2174, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to EPA. This supplementary information is organized 
as follows.

Table of Contents

I. EPA Analysis of the Washington Metropolitan Carbon Monoxide

[[Page 16959]]

 Maintenance/Attainment Area Using Limited Maintenance Area Criteria
    A. Statutory Requirements and Previous Redesignation of the Area 
to Attainment
    B. Maintenance Plan Review--Subsequent Maintenance Plan 
Revisions
    C. Impact of This Revised Maintenance Plan on Conformity and the 
Mobile Emissions Budget
    D. Special Section Addressing Virginia Law
II. EPA Analysis of the Baltimore Carbon Monoxide Maintenance/
Attainment Area Using Limited Maintenance Area Criteria
    A. Statutory Requirements and Previous Redesignation of the Area 
to Attainment
    B. Maintenance Plan Review--Subsequent Maintenance Plan 
Revisions
    C. Impact of This Revised Maintenance Plan on Conformity and the 
Mobile Emissions Budget
III. EPA's Analysis of the Philadelphia Carbon Monoxide Maintenance/
Attainment Area Using Limited Maintenance Area Criteria
    A. Statutory Requirements and Previous Redesignation of the Area 
to Attainment
    B. Maintenance Plan Review--Subsequent Maintenance Plan 
Revisions
    C. Impact of this Revised Maintenance Plan on Conformity and the 
Mobile Emissions Budget
IV. Final Action
V. Statutory and Executive Order Reviews

I. EPA Analysis of the Washington Metropolitan Carbon Monoxide 
Maintenance/Attainment Area Using Limited Maintenance Area Criteria

A. Statutory Requirements and Previous Redesignation of the Area to 
Attainment

    The Federal Clean Air Act, 42 U.S.C. 7401 et seq., as amended by 
the Clean Air Act Amendments of 1990 (CAAA), requires all areas of the 
nation to attain and maintain compliance with the national ambient air 
quality standards (NAAQS), including the 8-hour carbon monoxide (CO) 
standard.
    In accordance with CAAA section 175A(a), the District of Columbia, 
the State of Maryland and the Commonwealth of Virginia submitted a CO 
maintenance plan for the Washington Metropolitan area in 1995, covering 
the period 1996-2007. EPA approved that maintenance plan, effective 
March 16, 1996 (61 FR 2931, 1/30/96). In accordance with section 
175A(b), the region is required to submit a revised maintenance plan 
within eight years of its redesignation as an attainment area. The 
revised maintenance plan must provide for maintenance of the carbon 
monoxide standard for an additional ten years. This maintenance plan is 
submitted to fulfill that requirement, and provides for continued 
attainment of the CO standard in the Washington Metropolitan attainment 
area through March 16, 2016. Emissions projections to the year 2016, 
from this maintenance plan, are consistent with ambient CO levels below 
the NAAQS.
    The maintenance plan approved in 1996 established a motor vehicle 
emissions budget of 1671.5 tons per day (tpd) of CO, apportioned among 
the three jurisdiction as follows: 369.3tpd for the District of 
Columbia, 1045.2 tpd for Maryland and 257.0 tpd for Virginia. The 
revised maintenance plan does not change the CO emissions budget for 
conformity purposes, as is discussed below.

B. Maintenance Plan Review--Subsequent Maintenance Plan Revisions

    The Clean Air Act requires the State to submit a revision of the 
SIP 8 years after the original redesignation request is approved to 
provide for maintenance of the NAAQS for an additional 10 years 
following the first 10-year period [see section 175A(b)].
    In addition, the maintenance plan shall contain such contingency 
measures as the Administrator deems necessary to ensure prompt 
correction of any violation of the NAAQS [see section 175A(d)]. Failure 
to maintain the NAAQS and triggering of the contingency plan will not 
necessitate a revision of the SIP unless required by the Administrator, 
as stated in section 175A(d). Under the limited maintenance plan 
option, the following criteria must be met by the state:
    i. Attainment Inventory--EPA guidance recommends that the CO 
attainment inventory be based upon actual ``typical CO season day'' 
emissions for the attainment year. This generally corresponds to one of 
the periodic inventories required for nonattainment areas.
    The maintenance plan for the first 10-year maintenance period 
contained a base-year inventory of 1990. The anticipated change in 
emissions levels from the attainment year was used to estimate the 
future air quality levels. The analysis for the Washington Metropolitan 
area in this second 10-year maintenance plan documents a revised base-
year inventory. Use of a revised 1990 base-year inventory for this 
purpose is acceptable, since the area was monitoring attainment during 
this time period. The base-year inventory is based upon actual 
``typical CO season days.'' As part of the revised maintenance plan, 
the revised base-year emissions inventory will be updated and approved 
as part of this rulemaking for maintenance plan purposes.
    Conformity budgets will remain at the original level, as discussed 
below, and per the request of each jurisdiction.
    ii. Maintenance Demonstration--This maintenance demonstration for 
CO calculates future emissions of the pollutant out to the year 2016, 
and projects that the level of emissions will not exceed the level 
emitted in the attainment inventory. Since the Washington DC-MD-VA CO 
nonattainment area was classified as a moderate CO area, with a design 
value less than 12.7 ppm, the areas were not required to do further 
modeling to demonstrate attainment of the CO standard. The use of 2016 
as the projected year allows ample time for EPA to process the request. 
The maintenance plan assumed the following emission control programs, 
which are or will be permanent and enforceable measures: Enhanced 
Vehicle Emissions I/M programs in each jurisdiction, Reformulated 
Gasoline (on-road), Federal Tailpipe Standards and Regulations 
(including on-road and off-road sources and small engines), and 
reductions in stationary sources from implementation of BACT (Best 
Available Control Technology), and other combustion improvements.
    iii. Monitoring Network--The monitoring data is quality assured in 
accordance with 40 CFR 58, and EPA has repeatedly verified the 
integrity of the Washington DC-MD-VA area's air monitoring network. In 
addition, EPA approved the site selection of each CO monitor, and EPA 
agrees that the air monitoring network serves as a reliable indicator 
of ambient concentrations of air pollutants.
    iv. Verification of Continued Attainment--CO inventories will be 
included as part of the Consolidated Emission Reporting Rule (CERR) 
during the maintenance period to ensure that the Washington 
Metropolitan attainment area remains in compliance with the CO NAAQS. 
The Metropolitan Washington region has remained in attainment for the 
federal 8-hour standard for carbon monoxide since its redesignation in 
1996. Monitor data for the nonattainment area continue to show downward 
trends in the ambient levels of CO. Current and projected inventories 
also remain below the attainment inventory.
    v. Contingency Plan--Each of the three jurisdictions continues to 
designate the oxygenated fuel program as a contingency measure for the 
region's maintenance plan. The states propose to re-implement the 
oxygenated fuels program if a monitor in the network were to detect two 
exceedances in one calendar year. Implementation of an oxygenated fuels 
program would increase the percentage oxygenate requirement to 2.7% 
from the 2.0%

[[Page 16960]]

currently mandated under the region's reformulated gasoline program.

C. Impact of This Revised Maintenance Plan on Conformity and the Mobile 
Emissions Budget

    Under 40 CFR Parts 51 and 93, as part of the SIP process, the three 
jurisdictions, in consultation with the Transportation Planning Board, 
establish a mobile source emissions budget, under the interagency 
consultation process, to be used for transportation conformity 
purposes. The motor vehicle emissions budget establishes a cap on 
emissions, which cannot be exceeded by predicted highway and transit 
vehicle emissions.
    Since mobile source estimates were updated during the development 
of this SIP revision, using updated planning assumptions and the 
MOBILE6 model, a revised estimate of the 1990 attainment year inventory 
has been calculated. This revised estimate of 2589.5 tpd for the area 
is higher than the estimate of 1671.5 tpd included in the 1995 plan as 
the attainment year inventory. Despite the revised inventory, the 
emissions budget will remain at 1671.5 tpd (which is equal to 90% of 
the 1990 attainment year inventory, as projected in the 1995 plan). The 
CO budget for the Washington DC-MD-VA maintenance area is ascribed as 
follows: 369.3 tpd for the District of Columbia, 1045.1 tpd for the 
Maryland area, and 257.0 tpd for the Virginia area, totaling 1671.5 tpd 
for the entire maintenance area, which remains acceptable to EPA.

D. Special Section Addressing Virginia Law

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information (1) that are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
that are prepared independently of the assessment process; (3) that 
demonstrate a clear, imminent and substantial danger to the public 
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by Federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
Federally authorized environmental programs in a manner that is no less 
stringent than their Federal counterparts * * *.'' The opinion 
concludes that ``[r]egarding section 10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by Federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any Federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
Federal law, which is one of the criteria for immunity.'' Therefore, 
EPA has determined that Virginia's Privilege and Immunity statutes will 
not preclude the Commonwealth from enforcing its program consistent 
with the Federal requirements. In any event, because EPA has also 
determined that a state audit privilege and immunity law can affect 
only state enforcement and cannot have any impact on Federal 
enforcement authorities, EPA may at any time invoke its authority under 
the Clean Air Act, including, for example, sections 113, 167, 205, 211 
or 213, to enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the Clean Air Act is likewise 
unaffected by this, or any, state audit privilege or immunity law.

II. EPA Analysis of the Baltimore Carbon Monoxide Maintenance/
Attainment Area Using Limited Maintenance Area Criteria

A. Statutory Requirements and Previous Redesignation of the Area to 
Attainment

    The Federal Clean Air Act, 42 U.S.C. 7401 et seq., as amended by 
the Clean Air Act Amendments of 1990 (CAAA), requires all areas of the 
nation to attain and maintain compliance with the national ambient air 
quality standards (NAAQS), including the 8-hour carbon monoxide (CO) 
standard.
    In accordance with CAAA section 175A(a), the State of Maryland 
submitted a CO maintenance plan for the Baltimore area in 1995, 
covering the period 1995-2007. EPA approved that maintenance plan 
effective December 15, 1995 (60 FR 55325, 10/31/95). In accordance with 
section 175A(b), the region is required to submit a revised maintenance 
plan within eight years of its redesignation as an attainment area. 
This maintenance plan is submitted to fulfill that requirement, and 
provides for continued attainment of the CO standard in the Baltimore 
attainment area through 2015. Emissions projections to the year 2015, 
from this maintenance plan, are consistent with ambient CO levels below 
the NAAQS.
    The maintenance plan that became effective in 1996 established a 
motor vehicle emissions budget of 1689.8 tons per day of CO. The 
revised maintenance plan does not change the CO emissions budget for 
conformity purposes, as is discussed below.

B. Maintenance Plan Review--Subsequent Maintenance Plan Revisions

    The Clean Air Act requires the State to submit a revision of the 
SIP 8 years after the original redesignation request is approved to 
provide for maintenance of the NAAQS for an additional 10 years 
following the first 10-year period [see section 175A(b)].
    In addition, the maintenance plan shall contain such contingency 
measures as the Administrator deems necessary to ensure prompt 
correction of any violation of the NAAQS [see section 175A(d)]. Failure 
to maintain the NAAQS and triggering of the contingency plan will not 
necessitate a revision of the SIP unless required by

[[Page 16961]]

the Administrator, as stated in section 175A(d). Under the limited 
maintenance plan option, the following criteria must be met by the 
state:
    i. Attainment Inventory--EPA guidance recommends that the CO 
attainment inventory be based upon actual ``typical CO season day'' 
emissions for the attainment year. This generally corresponds to one of 
the periodic inventories required for nonattainment areas. The 
maintenance plan for the first 10-year maintenance period contained a 
base-year inventory of 1990. The anticipated change in emissions levels 
from the attainment year was used to estimate the future air quality 
levels. Maryland's analysis for Baltimore in this second 10-year 
maintenance plan documents a revised base-year inventory. Maryland's 
use of a revised 1990 base-year inventory for this purpose is 
acceptable, since the area was monitoring attainment during this time 
period. Maryland's base-year inventory for Baltimore is based upon 
actual ``typical CO season days.'' As part of the revised maintenance 
plan, the revised base-year emissions inventory will be updated and 
approved as part of this rulemaking for maintenance plan purposes.
    ii. Maintenance Demonstration--Maryland's maintenance demonstration 
for the Baltimore area for CO calculates future emissions of the 
pollutant out to the year 2015, and projects that the level of 
emissions will not exceed the level emitted in the attainment 
inventory. Since the Baltimore CO nonattainment area was classified as 
a moderate CO area, with a design value less than 12.7 ppm, the state 
was not required to do further modeling to demonstrate attainment of 
the CO standard. Maryland's use of 2015 as the projected year allows 
ample time for EPA to process the request. Maryland's maintenance plan 
for Baltimore assumed the following emission control programs, which 
are or will be permanent and enforceable measures: FMVCP (Federal Motor 
Vehicle Control Program), the 1992 Reid Vapor Pressure Programs, Tier I 
and Tier II controls, Evaporative Emission Control Program, Federal 
Reformulated Gasoline Program Phase I and Phase II, Enhanced Inspection 
and Maintenance, Low Emission Vehicles, and On-Board Controls.
    iii. Monitoring Network--The monitoring data is quality assured in 
accordance with 40 CFR 58, and EPA has repeatedly verified the 
integrity of Maryland's air monitoring network. In addition, EPA 
approved the site selection of each CO monitor, and EPA agrees that the 
air monitoring network serves as a reliable indicator of ambient 
concentrations of air pollutants.
    iv. Verification of Continued Attainment--Maryland will 
periodically conduct a comprehensive review of the factors that were 
used to develop the attainment inventory and project the CO emissions 
levels for 2015. If there are significant differences between the 
actual and projected growth, then Maryland has committed to creating 
updated emissions inventories to compare with the projections.
    v. Contingency Plan--Through COMAR 03.03.06, Maryland adopted the 
oxygenated fuel program as a contingency measure. If a monitor in the 
Central Business District experiences a violation of the CO standard--
two exceedances of the standard within one year, then the oxygenated 
fuel program will automatically resume the following CO season.

C. Impact of This Revised Maintenance Plan on Conformity and the Mobile 
Emissions Budget

    Under 40 CFR Parts 51 and 93, as part of the SIP process, Maryland 
establishes an emissions budget, under the interagency consultation 
process, to be used for transportation conformity purposes. The motor 
vehicle emissions budget establishes a cap on emissions, which cannot 
be exceeded by predicted highway and transit vehicle emissions.
    Since mobile source estimates were updated during the development 
of this SIP revision, using updated planning assumptions and the 
MOBILE6 model, Maryland now estimates that 2452.1 tons of CO per day 
were emitted in 1990 from on-road mobile sources, when the original 
attainment budget was established. This differs with the redesignation 
request and maintenance plan submitted in 1995, which estimated 1789.80 
tons of CO per day, and which led to setting the conformity budget at 
1689.9 tons per day (the base year emissions level minus a cushion of 
100 tons per day.) For conformity purposes, Maryland has stated in this 
revised maintenance plan that it will retain the mobile budget of 
1689.8 tons per day of CO, which remains acceptable to EPA.

III. EPA Analysis of the Philadelphia Carbon Monoxide Maintenance/
Attainment Area Using Limited Maintenance Plan Criteria

A. Statutory Requirements and Previous Redesignation of the Area to 
Attainment

    The Federal Clean Air Act, 42 U.S.C. 7401 et seq., as amended by 
the Clean Air Act Amendments of 1990 (CAAA), requires all areas of the 
nation to attain and maintain compliance with the national ambient air 
quality standards (NAAQS), including the 8-hour carbon monoxide (CO) 
standard.
    In accordance with CAAA section 175A(a), the Commonwealth of 
Pennsylvania submitted a CO maintenance plan in 1995, covering the 
period 1997-2007. EPA approved this maintenance plan effective March 
15, 1996 (61 FR 2926, 1/30/96). In accordance with section 175A(b), the 
region is required to submit a revised maintenance plan within eight 
years of its redesignation as an attainment area. The revised 
maintenance plan must provide for maintenance of the carbon monoxide 
standard for an additional ten years. This maintenance plan is 
submitted to fulfill that requirement, and provides for continued 
attainment of the CO standard in the Philadelphia attainment area 
through 2017. Emissions projections to the year 2017, from this 
maintenance plan, are consistent with ambient CO levels below the 
NAAQS.
    The maintenance plan that became effective in 1996 established a 
motor vehicle emissions budget of 334.33 tons per day of CO, which is 
revised in this action as discussed below.

B. Maintenance Plan Review--Subsequent Maintenance Plan Revisions

    The Clean Air Act requires the State to submit a revision of the 
SIP 8 years after the original redesignation request is approved to 
provide for maintenance of the NAAQS for an additional 10 years 
following the first 10-year period [see section 175(b)].
    In addition, the maintenance plan shall contain such contingency 
measures as the Administrator deems necessary to ensure prompt 
correction of any violation of the NAAQS [see section 175A(d)]. Failure 
to maintain the NAAQS and triggering of the contingency plan will not 
necessitate a revision of the SIP unless required by the Administrator, 
as stated in section 175A(d). Under the limited maintenance plan 
option, the following criteria must be met by the state:
    i. Attainment Inventory--EPA guidance recommends that the CO 
attainment inventory be based upon actual ``typical CO season day'' 
emissions for the attainment year. This generally corresponds to one of 
the periodic inventories required for nonattainment areas. The 
maintenance plan for the first 10-year maintenance period contained a 
base-year inventory of 1990. The anticipated change in emissions levels 
from the attainment year was used to estimate the future air quality 
levels. Pennsylvania's analysis

[[Page 16962]]

in this second 10-year maintenance plan documents a base-year inventory 
of 2002. The 2002 emission inventory was selected because it is current 
and representative of the emissions in Philadelphia County during the 
period air quality data has shown maintenance of the CO NAAQS. The 
inventory contains emission estimates of point, area, highway and 
nonroad sources of CO in Philadelphia County for the year, and for a 
typical CO season workday. The CO season is defined as the months of 
December, January and February. The 2002 inventory will be used to 
project point and area emissions to future years.
    As part of the revised maintenance plan, the revised attainment 
year emissions inventory will be updated and approved as part of this 
rulemaking for maintenance plan purposes. Conformity budgets will be 
amended, as discussed below.
    ii. Maintenance Demonstration--Pennsylvania's maintenance 
demonstration for CO calculates future emissions of the pollutant out 
to the year 2017, and projects that the level of emissions will not 
exceed the level emitted in the attainment inventory. Since the 
Philadelphia CO nonattainment area was classified as a moderate CO 
area, with a design value less than 12.7 ppm, the Commonwealth was not 
required to do further modeling to demonstrate attainment of the CO 
standard. Philadelphia's use of 2017 as the projected year allows ample 
time for EPA to process the request.
    Pennsylvania's maintenance plan assumed the following emission 
control programs, which are or will be permanent and enforceable 
measures: FMVCP (Federal Motor Vehicle Control Program), reformulated 
gasoline, and the state inspection and maintenance (I/M) program. The 
impact of these programs provides for emission to remain well below 
those that brought about the attainment of the NAAQS for the area.
    iii. Monitoring Network--The monitoring data is quality assured in 
accordance with 40 CFR 58, and EPA has repeatedly verified the 
integrity of the Philadelphia area's air monitoring network. In 
addition, EPA approved the site selection of each CO monitor, and EPA 
agrees that the air monitoring network serves as a reliable indicator 
of ambient concentrations of air pollutants.
    iv. Verification of Continued Attainment--Pennsylvania will 
continue to operate an air quality monitoring network, and the 
Department has committed to investigate should ambient levels of CO 
rise and threaten to exceed the NAAQS.
    v. Contingency Plan--The Commonwealth has revised its existing 
oxygenated fuel program rule, at Chapter 126.1 of Title 25 of the 
Pennsylvania Code, to permit the use of oxygenated fuel as a 
contingency measure in the Philadelphia region, if required. If 
triggered, implementation would commence at the beginning of the 
following control season. The trigger for such a measure would be a 
measured violation of the NAAQS for CO.

C. Impact of This Revised Maintenance Plan on Conformity and the Mobile 
Emissions Budget

    Under 40 CFR Parts 51 and 93, as part of the SIP process, 
Pennsylvania establishes an emissions budget, under the interagency 
consultation process, to be used for transportation conformity 
purposes. The motor vehicle emissions budget establishes a cap on 
emissions, which cannot be exceeded by predicted highway and transit 
vehicle emissions.
    As part of the SIP revision, Pennsylvania has submitted new 
transportation conformity budgets that will supercede the previous 
allowances. Highway CO emissions will now be capped for conformity 
purposes as follows: 331.25 tpd in 2007, 278.23 tpd in 2013, and 260.97 
tpd in 2017.

IV. Final Action

    In this action, EPA is approving the revised CO maintenance plans 
for the Washington Metropolitan area, submitted by District of Columbia 
on March 9, 2004; the Maryland Department of the Environment on March 
3, 2004, and the Commonwealth of Virginia on March 22, 2004; for the 
Baltimore area, submitted by the Maryland Department of the Environment 
on July 15, 2004, previously having submitted a parallel processing 
request of the same name on December 18, 2003; and for the Philadelphia 
area, submitted by the Pennsylvania Department of Environmental 
Protection on September 3, 2004. We are also approving the revised 
transportation conformity motor vehicle emission budgets for CO for 
each respective area.
    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and we anticipate no adverse 
comments. However, in the ``Proposed Rules'' section of today's Federal 
Register publication, 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 June 3, 2005 without further 
notice unless the Agency receives adverse comments by May 4, 2005. If 
the EPA receives adverse comments, 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. The 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.

V. 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

[[Page 16963]]

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 June 3, 2005. 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 approving State Implementation Plan (SIP) revisions to 
the carbon monoxide (CO) maintenance plans and transportation 
conformity budgets for the Washington Metropolitan area, the Baltimore 
area, and the Philadelphia area, 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, Carbon monoxide, 
Intergovernmental relations.

    Dated: March 18, 2005.
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 J--District of Columbia

0
2. In section 52.470, the table in paragraph (e) is amended by revising 
the existing entry for Carbon Monoxide Maintenance Plan to read as 
follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                  Applicable
  Name of nonregulatory SIP      geographic or     State submittal                               Additional
           revision              nonattainment          date           EPA approval date         explanation
                                     area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Carbon Monoxide Maintenance    Washington, DC..            10/12/95  1/30/96, 61 FR 2931..  52.515(c)(36)
 Plan.                                                       3/9/04  [Insert Federal        Revised Carbon
                                                                      Register page number   Monoxide
                                                                      where the document     Maintenance Plan
                                                                      begins and date].      Base Year Emissions
                                                                                             Inventory using
                                                                                             MOBILE6.
----------------------------------------------------------------------------------------------------------------

Subpart V--Maryland

0
3. In Section 52.1070, the table in paragraph (e) is amended by 
revising the two existing entries for Carbon Monoxide Maintenance Plan 
to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          State submittal
  Name of non-regulatory SIP revision     Applicable geographic area           date               EPA approval date            Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Carbon Monoxide Maintenance Plan......  City of Baltimore-Regional                 9/20/95  10/31/95, 60 FR 55321........  52.1100(c)(117)
                                         Planning District 118.                    7/15/04  [Insert Federal Register       Revised Carbon Monoxide
                                                                                             publication date] [Insert      Maintenance Plan Base Year
                                                                                             page number where the          Emissions Inventory using
                                                                                             document begins].              MOBILE6.
Carbon Monoxide Maintenance Plan......  Montgomery County Election                10/12/95  1/30/96, 61 FR 2931..........  52.1100(c)(118)
                                         Districts 4, 7, and 13;                    3/3/04  [Insert Federal Register       Revised Carbon Monoxide
                                         Prince Georges County                               publication date] [Insert      Maintenance Plan Base Year
                                         Election Districts 2, 6, 16,                        page number where the          Emissions Inventory using
                                         17 and 18.                                          document begins].              MOBILE6.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 16964]]

Subpart NN--Pennsylvania

0
4. In Section 52.2020, the table in paragraph (e)(1) is amended by 
revising the existing entry for Carbon Monoxide Maintenance Plan 
(Philadelphia County) to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          State submittal
  Name of non-regulatory SIP revision     Applicable geographic area           date               EPA approval date            Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Carbon Monoxide Maintenance Plan......  Philadelphia County...........    9/8/95, 10/30/95  1/30/96, 61 FR 2982..........  52.2063(c)(105)
                                                                                    9/3/04  [Insert Federal Register       Revised Carbon Monoxide
                                                                                             publication date] [Insert      Maintenance Plan Base Year
                                                                                             page number where the          Emissions Inventory using
                                                                                             document begins].              MOBILE6.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Subpart VV--Virginia

0
5. In Section 52.2420, the table in paragraph (e) is amended by 
revising the existing entry for Carbon Monoxide Maintenance Plan to 
read as follows:


Sec.  52.2420  Identification of plan

* * * * *
    (e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Applicable geographic or       State submittal
  Name of non-regulatory SIP revision         nonattainment area               date               EPA approval date            Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Carbon Monoxide Maintenance Plan......  Arlington County and                       10/4/95  1/30/96, 61 FR 2931..........  52.2465(c)(107)
                                         Alexandria City.                          3/22/04  [Insert Federal Register       Revised Carbon Monoxide
                                                                                             publication date] [Insert      Maintenance Plan Base Year
                                                                                             page number where the          Emissions Inventory using
                                                                                             document begins].              MOBILE6.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[FR Doc. 05-6503 Filed 4-1-05; 8:45 am]
BILLING CODE 6560-50-P