[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Proposed Rules]
[Pages 30509-30521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10584]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0324; FRL-8321-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Johnstown (Cambria County) 8-Hour 
Ozone Nonattainment Area to Attainment and Approval of the Area's 
Maintenance Plan and 2002 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a redesignation request and State 
Implementation Plan (SIP) revisions submitted by the Commonwealth of 
Pennsylvania. The Pennsylvania Department of Environmental Protection 
(PADEP) is requesting that the Johnstown (Cambria County) ozone 
nonattainment area (Cambria Area) be redesignated as attainment for the 
8-hour ozone national ambient air quality standard (NAAQS). EPA is 
proposing to approve the ozone redesignation request for the Cambria 
Area. In conjunction with its redesignation request, the Commonwealth 
submitted a SIP revision consisting of a maintenance plan for the 
Cambria Area that provides for continued attainment of the 8-hour ozone 
NAAQS for at least 10 years after redesignation. EPA is proposing to 
make a determination that the Cambria Area has attained the 8-hour 
ozone NAAQS, based upon three years of complete, quality-assured 
ambient air quality monitoring data for 2003-2005. EPA's proposed 
approval of the 8-hour ozone redesignation request is based on its 
determination that the Cambria Area has met the criteria for 
redesignation to attainment specified in the Clean Air Act (CAA). In 
addition, the Commonwealth has also submitted a 2002 base year 
inventory for the Cambria Area which EPA is proposing to approve as a 
SIP revision. EPA is also providing information on the status of its 
adequacy determination for the motor vehicle emission budgets (MVEBs) 
that are identified in the maintenance plan for the Cambria Area for 
purposes of transportation conformity, which EPA is also proposing to 
approve. EPA is proposing approval of the redesignation request and of 
the maintenance plan and 2002 base year inventory SIP revisions in 
accordance with the requirements of the CAA.

DATES: Written comments must be received on or before July 2, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0324 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2007-0324, Linda Miller, Acting Chief, Air 
Quality Planning Branch, Mailcode 3AP21, 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. EPA-R03-OAR-
2007-0324. 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.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information

[[Page 30510]]

whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
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 http://www.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 
http://www.regulations.gov index. 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 http://www.regulations.gov 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 the 
State submittal are available at 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: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What Are the Actions EPA Is Proposing to Take?
II. What Is the Background for These Proposed Actions?
III. What Are the Criteria for Redesignation to Attainment?
IV. Why Is EPA Taking These Actions?
V. What Would Be the Effect of These Actions?
VI. What Is EPA's Analysis of the Commonwealth's Request?
VII. Are the Motor Vehicle Emissions Budgets Established and 
Identified in the Maintenance Plan for the Cambria Area Adequate and 
Approvable?
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews

I. What Are the Actions EPA Is Proposing to Take?

    On March 27, 2007, PADEP formally submitted a request to 
redesignate the Cambria Area from nonattainment to attainment of the 8-
hour NAAQS for ozone. Concurrently, Pennsylvania submitted a 
maintenance plan for the Cambria Area as a SIP revision to ensure 
continued attainment in the area over the next 11 years. Pennsylvania 
also submitted a 2002 base year inventory for the Cambria Area as a SIP 
revision. The Cambria Area is currently designated a basic 8-hour ozone 
nonattainment area. EPA is proposing to determine that the Cambria Area 
has attained the 8-hour ozone NAAQS and that it has met the 
requirements for redesignation pursuant to section 107(d)(3)(E) of the 
CAA. EPA is, therefore, proposing to approve the redesignation request 
to change the designation of the Cambria Area from nonattainment to 
attainment for the 8-hour ozone NAAQS. EPA is also proposing to approve 
the Cambria Area maintenance plan as a SIP revision (such approval 
being one of the CAA criteria for redesignation to attainment status). 
The maintenance plan is designed to ensure continued attainment in the 
Cambria Area for the next 11 years. EPA is also proposing to approve 
the 2002 base year inventory for the Cambria Area as a SIP revision. 
Additionally, EPA is announcing its action on the adequacy process for 
the MVEBs identified in the Cambria maintenance plan, and proposing to 
approve the MVEBs identified for volatile organic compounds (VOCs) and 
nitrogen oxides (NOX) for the Cambria Area for 
transportation conformity purposes.

II. What Is the Background for These Proposed Actions?

A. General

    Ground-level ozone is not emitted directly by sources. Rather, 
emissions of NOX and VOC react in the presence of sunlight 
to form ground-level ozone. The air pollutants NOX and VOC 
are referred to as precursors of ozone. The CAA establishes a process 
for air quality management through the attainment and maintenance of 
the NAAQS.
    On July 18, 1997, EPA promulgated a revised 8-hour ozone standard 
of 0.08 parts per million (ppm). This new standard is more stringent 
than the previous 1-hour standard. EPA designated, as nonattainment, 
any area violating the 8-hour ozone NAAQS based on the air quality data 
for the three years of 2001-2003. These were the most recent three 
years of data at the time EPA designated 8-hour areas. The Cambria Area 
was designated a basic 8-hour ozone nonattainment area in a Federal 
Register notice signed on April 15, 2004 and published on April 30, 
2004 (69 FR 23857), based on its exceedance of the 8-hour health-based 
standard for ozone during the years 2001-2003.
    On April 30, 2004, EPA issued a final rule (69 FR 23951, 23996) to 
revoke the 1-hour ozone NAAQS in the Cambria Area (as well as most 
other areas of the country) effective June 15, 2005. See, 40 CFR 
50.9(b); 69 FR at 23966 (April 30, 2004); and see 70 FR 44470 (August 
3, 2005).
    However, on December 22, 2006, the U.S. Court of Appeals for the 
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule 
for the 8-hour Ozone Standard, (69 FR 23951, April 30, 2004), See, 
South Coast Air Quality Management Dist. v. EPA, 472 F. 3d 882 (D.C. 
Cir. 2006) (hereafter ``South Coast.''). The Court held that certain 
provisions of EPA's Phase 1 Rule were inconsistent with the 
requirements of the CAA. The Court rejected EPA's reasons for 
implementing the 8-hour standard in nonattainment areas under subpart 1 
in lieu of subpart 2 of Title I, part D of the Act. The Court also held 
that EPA improperly failed to retain four measures required for 1-hour 
nonattainment areas under the anti-backsliding provisions of the 
regulations: (1) Nonattainment area New Source Review (NSR) 
requirements based on an area's 1-hour nonattainment classification; 
(2) Section 185 penalty fees for 1-hour severe or extreme nonattainment 
areas; (3) measures to be implemented pursuant to section 172(c)(9) or 
182(c)(9) of the Act, on the contingency of an area not making 
reasonable further progress toward attainment of the 1-hour NAAQS, or 
failure to attain that NAAQS; and (4) the certain conformity 
requirements for certain types of Federal actions. The Court upheld 
EPA's authority to revoke the 1-hour standard provided there were 
adequate anti-backsliding provisions. Elsewhere in this document, 
mainly section VI.B. ``The Cambria Area Has Met All Applicable 
Requirements Under Section 110 and Part D of the CAA and Has Fully 
Approved SIP Under Section

[[Page 30511]]

110(k) of the CAA,'' EPA discusses its rationale why the decision in 
South Coast is not impediment to redesignating the Cambria Area to 
attainment of the 8-hour ozone NAAQS.
    The CAA, Title I, Part D, contains two sets of provisions--subpart 
1 and subpart 2--that address planning and control requirements for 
nonattainment areas. Subpart 1 (which EPA refers to as ``basic'' 
nonattainment) contains general, less prescriptive requirements for 
nonattainment areas for any pollutant--including ozone--governed by a 
NAAQS. Subpart 2 (which EPA refers to as ``classified'' nonattainment) 
provides more specific requirements for ozone nonattainment areas. In 
2004, the Cambria Area was classified a basic 8-hour ozone 
nonattainment area based on air quality monitoring data from 2001-2003 
and therefore, is subject to the requirements of subpart 1 of Part D.
    Under 40 CFR part 50, the 8-hour ozone standard is attained when 
the 3-year average of the annual fourth-highest daily maximum 8-hour 
average ambient air quality ozone concentrations is less than or equal 
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). See 69 FR 
23857 (April 30, 2004) for further information. Ambient air quality 
monitoring data for the 3-year period must meet data completeness 
requirements. The data completeness requirements are met when the 
average percent of days with valid ambient monitoring data is greater 
than 90 percent, and no single year has less than 75 percent data 
completeness as determined in Appendix I of 40 CFR part 50. The ozone 
monitoring data indicates that the Cambria Area has a design value of 
0.077 ppm for the 3-year period of 2003-2005, using complete, quality-
assured data. Therefore, the ambient ozone data for the Cambria Area 
indicates no violations of the 8-hour ozone standard.

B. The Cambria Area

    The Cambria Area consists of Johnstown (Cambria County), 
Pennsylvania. Prior to its designation as an 8-hour ozone nonattainment 
area, the Cambria Area was a marginal 1-hour ozone nonattainment area, 
and therefore, was subject to requirements for marginal nonattainment 
areas pursuant to section 182(a) of the CAA. See 56 FR 56694 (November 
6, 1991). EPA determined that the Cambria Area has attained the 1-hour 
ozone NAAQS by the November 15, 1993 attainment date (60 FR 3349, 
January 17, 1995).
    On March 27, 2007, PADEP requested that the Cambria Area be 
redesignated to attainment for the 8-hour ozone standard. The 
redesignation request included three years of complete, quality-assured 
data for the period of 2003-2005, indicating that the 8-hour NAAQS for 
ozone had been achieved in the Cambria Area. The data satisfies the CAA 
requirements that the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentration (commonly referred to as the 
area's design value), must be less than or equal to 0.08 ppm (i.e., 
0.084 ppm when rounding is considered). Under the CAA, a nonattainment 
area may be redesignated if sufficient complete, quality-assured data 
is available to determine that the area has attained the standard and 
the area meets the other CAA redesignation requirements set forth in 
section 107(d)(3)(E).

III. What Are the Criteria for Redesignation to Attainment?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA, 
allows for redesignation, providing that:
    (1) EPA determines that the area has attained the applicable NAAQS;
    (2) EPA has fully approved the applicable implementation plan for 
the area under section 110(k);
    (3) EPA determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions;
    (4) EPA has fully approved a maintenance plan for the area as 
meeting the requirements of section 175A; and
    (5) The State containing such area has met all requirements 
applicable to the area under section 110 and Part D.
    EPA provided guidance on redesignations in the General Preamble for 
the Implementation of Title I of the CAA Amendments of 1990, on April 
16, 1992 (57 FR 13498), and supplemented this guidance on April 28, 
1992 (57 FR 18070). EPA has provided further guidance on processing 
redesignation requests in the following documents:
     ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, June, 18, 1990;
     ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
     ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
     ``Procedures for Processing Requests to Redesignate Areas 
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
     ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John 
Calcagni Director, Air Quality Management Division, October 28, 1992;
     ``Technical Support Documents (TSDs) for Redesignation 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from 
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 
1993;
     ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on 
or after November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
     Memorandum from D. Kent Berry, Acting Director, Air 
Quality Management Division, to Air Division Directors, Regions 1-10, 
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and 
CO Nonattainment Areas,'' dated November 30, 1993;
     ``Part D New Source Review (part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
     ``Reasonable Further Progress, Attainment Demonstration, 
and Related Requirements for Ozone Nonattainment Areas Meeting the 
Ozone National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 10, 
1995.

IV. Why Is EPA Taking These Actions?

    On March 27, 2007, PADEP requested redesignation of the Cambria 
Area to attainment for the 8-hour ozone standard. On March 27, 2007, 
PADEP submitted a maintenance plan for the Cambria Area as a SIP 
revision, to ensure continued attainment of the 8-hour ozone NAAQS over 
the next 11 years, until 2018. PADEP also submitted a 2002 base year 
inventory concurrently

[[Page 30512]]

with its maintenance plan as a SIP revision.

V. What Would Be the Effect of These Actions?

    Approval of the redesignation request would change the official 
designation of the Cambria Area from nonattainment to attainment for 
the 8-hour ozone NAAQS found at 40 CFR part 81. It would also 
incorporate into the Pennsylvania SIP a 2002 base year inventory and a 
maintenance plan ensuring continued attainment of the 8-hour ozone 
NAAQS in the Cambria Area for the next 11 years, until 2018. The 
maintenance plan includes contingency measures to remedy any future 
violations of the 8-hour NAAQS (should they occur), and identifies the 
NOX and VOC MVEBs for transportation conformity purposes for 
the years 2009 and 2018. These MVEBs are displayed in the following 
table:

 Table 1.--Motor Vehicle Emissions Budgets in Tons per Summer Day (tpsd)
------------------------------------------------------------------------
                         Year                             VOC      NOX
------------------------------------------------------------------------
2009..................................................      3.8      5.6
2018..................................................      2.3      2.7
------------------------------------------------------------------------

VI. What Is EPA's Analysis of the Commonwealth's Request?

    EPA is proposing to determine that the Cambria Area has attained 
the 8-hour ozone standard and that all other redesignation criteria 
have been met. The following is a description of how the PADEP's March 
27, 2007 submittal satisfies the requirements of section 107(d)(3)(E) 
of the CAA.

A. The Cambria Area Has Attained the Ozone NAAQS

    EPA is proposing to determine that the Cambria Area has attained 
the 8-hour ozone NAAQS. For ozone, an area may be considered to be 
attaining the 8-hour ozone NAAQS if there are no violations, as 
determined in accordance with 40 CFR 50.10 and Appendix I of part 50, 
based on three complete, consecutive calendar years of quality-assured 
air quality monitoring data. To attain this standard, the design value, 
which is the 3-year average of the fourth-highest daily maximum 8-hour 
average ozone concentrations, measured at each monitor within the area 
over each year, must not exceed the ozone standard of 0.08 ppm. Based 
on the rounding convention described in 40 CFR part 50, Appendix I, the 
standard is attained if the design value is 0.084 ppm or below. The 
data must be collected and quality-assured in accordance with 40 CFR 
part 58, and recorded in the Air Quality System (AQS). The monitors 
generally should have remained at the same location for the duration of 
the monitoring period required for demonstrating attainment.
    In the Cambria Area, there is one ozone monitor, located in Cambria 
County that measures air quality with respect to ozone. As part of its 
redesignation request, Pennsylvania referenced ozone monitoring data 
for the years 2003-2005 for the Cambria Area. This data has been 
quality assured and is recorded in the AQS. PADEP uses the AQS as the 
permanent database to maintain its data and quality assures the data 
transfers and content for accuracy. The fourth-high 8-hour daily 
maximum concentrations, along with the three-year average are 
summarized in Table 2.

   Table 2.--Cambria Area Fourth Highest 8-Hour Average Values Cambria
                    County Monitor/AQS ID 42-021-0011
------------------------------------------------------------------------
                                                            Annual 4th
                          Year                                highest
                                                           reading (ppm)
------------------------------------------------------------------------
2003....................................................           0.083
2004....................................................           0.071
2005....................................................           0.077
2006....................................................           0.073
------------------------------------------------------------------------
The average for the 3-year period 2003-2005 is 0.077 ppm.
The average for the 3-year period 2004-2006 is 0.074 ppm.
------------------------------------------------------------------------

    The air quality data for 2003-2005 show that the Cambria Area has 
attained the standard with a design value of 0.077 ppm. The data 
collected at the Cambria Area monitor satisfies the CAA requirement 
that the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.08 ppm. EPA 
believes this conclusion remains valid after review of the certified 
2006 data because the design value for 2004-2006 would be 0.074 ppm. 
PADEP's request for redesignation for the Cambria Area indicates that 
the data is complete and was quality assured in accordance with 40 CFR 
part 58. In addition, as discussed below with respect to the 
maintenance plan, PADEP has committed to continue monitoring in 
accordance with 40 CFR part 58. In summary, EPA has determined that the 
data submitted by Pennsylvania and data taken from AQS indicate that 
the Cambria Area has attained the 8-hour ozone NAAQS.

B. The Cambria Area Has Met All Applicable Requirements Under Section 
110 and Part D of the CAA and Has a Fully Approved SIP Under Section 
110(k) of the CAA

    EPA has determined that the Cambria Area has met all SIP 
requirements applicable for purposes of this redesignation under 
section 110 of the CAA (General SIP Requirements) and that it meets all 
applicable SIP requirements under Part D of Title I of the CAA, in 
accordance with section 107(d)(3)(E)(v). In addition, EPA has 
determined that the SIP is fully approved with respect to all 
requirements applicable for purposes of redesignation in accordance 
with section 107(d)(3)(E)(ii) of the CAA. In making these proposed 
determinations, EPA ascertained which requirements are applicable to 
the Cambria Area and determined that the applicable portions of the SIP 
meeting these requirements are fully approved under section 110(k) of 
the CAA. We note that SIPs must be fully approved only with respect to 
applicable requirements.
    The September 4, 1992 Calcagni memorandum (``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) with respect to the timing of applicable requirements. 
Under this interpretation, to qualify for redesignation, States 
requesting redesignation to attainment must meet only the relevant CAA 
requirements that came due prior to the submittal of a complete 
redesignation request. See also, Michael Shapiro memorandum, September 
17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of 
Detroit-Ann Arbor). Applicable requirements of the CAA that come due 
subsequent to the area's submittal of a complete redesignation request 
remain applicable until a redesignation is approved, but are not 
required as a prerequisite to redesignation. Section 175A(c) of the 
CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also, 68 FR 
at 25424, 25427 (May 12, 2003) (redesignation of St. Louis).
    This action also sets forth EPA's views on the potential effect of 
the Court's ruling in South Coast on this redesignation action. For the 
reasons set forth below, EPA does not believe that the Court's ruling 
alters any requirements relevant to this redesignation action so as to 
preclude redesignation, and does not prevent EPA from finalizing this 
redesignation.

[[Page 30513]]

EPA believes that the Court's decision, as it currently stands or as it 
may be modified based upon any petition for rehearing that has been 
filed, imposes no impediment to moving forward with redesignation of 
this area to attainment, because in either circumstance redesignation 
is appropriate under the relevant redesignation provisions of the CAA 
and longstanding policies regarding redesignation requests.
1. Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general 
requirements for a SIP, which include enforceable emissions limitations 
and other control measures, means, or techniques, provisions for the 
establishment and operation of appropriate devices necessary to collect 
data on ambient air quality, and programs to enforce the limitations. 
The general SIP elements and requirements set forth in section 
110(a)(2) include, but are not limited to the following:
     Submittal of a SIP that has been adopted by the State 
after reasonable public notice and hearing;
     Provisions for establishment and operation of appropriate 
procedures needed to monitor ambient air quality;
     Implementation of a source permit program; provisions for 
the implementation of part C requirements (Prevention of Significant 
Deterioration (PSD));
     Provisions for the implementation of part D requirements 
for New Source Review (NSR) permit programs;
     Provisions for air pollution modeling; and
     Provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a State from significantly contributing to air 
quality problems in another State. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
air pollutants in accordance with the NOX SIP Call, October 
27, 1998 (63 FR 57356), amendments to the NOX SIP Call, May 
14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and the Clean 
Air Interstate Rule (CAIR), May 12, 2005 (70 FR 25162). However, the 
section 110(a)(2)(D) requirements for a State are not linked with a 
particular nonattainment area's designation and classification in that 
State. EPA believes that the requirements linked with a particular 
nonattainment area's designation and classifications are the relevant 
measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a state regardless of the designation of any one particular 
area in the State. Thus, we do believe that these requirements are 
applicable requirements for purposes of redesignation.
    In addition, EPA believes that the other section 110 elements not 
connected with nonattainment plan submissions and not linked with an 
area's attainment status are not applicable requirements for purposes 
of redesignation. The Cambria Area will still be subject to these 
requirements after it is redesignated. The section 110 and Part D 
requirements, which are linked with a particular area's designation and 
classification, are the relevant measures to evaluate in reviewing a 
redesignation request. This policy is consistent with EPA's existing 
policy on applicability of conformity (i.e., for redesignations) and 
oxygenated fuels requirement. See, Reading, Pennsylvania, proposed and 
final rulemakings (61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 
1997); Cleveland-Akron-Lorain, Ohio final rulemaking (61 FR 20458, May 
7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 
7, 1995). See also, the discussion on this issue in the Cincinnati 
redesignation (65 FR at 37890, June 19, 2000), and in the Pittsburgh 
redesignation (66 FR at 53099, October 19, 2001). Similarly, with 
respect to the NOX SIP Call rules, EPA noted in its Phase 1 
Final Rule to Implement the 8-hour Ozone NAAQS, that the NOX 
SIP Call rules are not ``an'' `applicable requirement' for purposes of 
section 110(1) because the NOX rules apply regardless of an 
area's attainment or nonattainment status for the 8-hour (or the 1-
hour) NAAQS.'' 69 FR 23951, 23983 (April 30, 2004).
    EPA believes that section 110 elements not linked to the area's 
nonattainment status are not applicable for purposes of redesignation. 
As we explain later in this notice, no Part D requirements applicable 
for purposes of redesignation under the 8-hour standard became due for 
the Cambria Area prior to the submission of the redesignation request.
    Because the Pennsylvania SIP satisfies all of the applicable 
general SIP elements and requirements set forth in section 100(a)(2), 
EPA concludes that Pennsylvania has satisfied the criterion of section 
107(d)(3)(e) regarding section 110 of the CAA.
2. Part D Nonattainment Requirements Under the 8-Hour Standard
    Pursuant to an April 30, 2004, final rule (69 FR 23951), the 
Cambria Area was designated a basic nonattainment area under subpart 1 
for the 8-hour ozone standard. Sections 172-176 of the CAA, found in 
subpart 1 of Part D, set forth the basic nonattainment requirements 
applicable to all nonattainment areas. Section 182 of the CAA, found in 
subpart 2 of Part D, establishes additional specific requirements 
depending on the area's nonattainment classification.
    With respect to the 8-hour standard, the court's ruling rejected 
EPA's reasons for classifying areas under subpart 1 for the 8-hour 
standard, and remanded that matter to the Agency. Consequently, it is 
possible that this area could, during a remand to EPA, be reclassified 
under subpart 2. Although any future decision by EPA to classify this 
area under subpart 2 might trigger additional future requirements for 
the area, EPA believes that this does not mean that redesignation of 
the area cannot now go forward. This belief is based upon (1) EPA's 
longstanding policy of evaluating redesignation requests in accordance 
with the requirements due at the time the request is submitted; and (2) 
consideration of the inequity of applying retroactively any 
requirements that might in the future be applied.
    At the time the redesignation request was submitted, the Cambria 
Area was classified under subpart 1 and was obligated to meet subpart 1 
requirements. Under EPA's longstanding interpretation of section 
107(d)(3)(E) of the CAA, to qualify for redesignation, states 
requesting redesignation to attainment must meet only the relevant SIP 
requirements that came due prior to the submittal of a complete 
redesignation request. See, September 4, 1992 Calcagni memorandum 
(``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division). See also, Michael Shapiro Memorandum, September 
17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) (Redesignation of 
Detroit-Ann Arbor); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004), 
which upheld this interpretation; 68 FR 25418, 25424, 25427 (May 12, 
2003) (redesignation of St. Louis).
    Moreover, it would be inequitable to retroactively apply any new 
SIP requirements that were not applicable at the time the request was 
submitted. The D.C. Circuit has recognized the inequity

[[Page 30514]]

in such retroactive rulemaking. See, Sierra Club v. Whitman, 285 F. 3d 
63 (D.C. Cir. 2002), in which the DC Circuit upheld a District Court's 
ruling refusing to make retroactive an EPA determination of 
nonattainment that was past the statutory due date. Such determination 
would have resulted in the imposition of additional requirements on 
that area. The Court stated: ``Although EPA failed to make the 
nonattainment determination within the statutory time frame, Sierra 
Club's proposed solution only makes the situation worse. Retroactive 
relief would likely impose large costs on the States, which would face 
fines and suits for not implementing air pollution prevention plans in 
1997, even though they were not on notice at the time.'' Id. at 68. 
Similarly, here it would be unfair to penalize the area by applying to 
it for purposes of redesignation, additional SIP requirements under 
subpart 2 that were not in effect at the time it submitted its 
redesignation request.
    With respect to 8-hour subpart 2 requirements, if the Cambria Area 
initially had been classified under subpart 2, the first two Part D 
subpart 2 requirements applicable to the Cambria Area under section 
182(a) of the CAA would be a base year inventory requirement pursuant 
to section 182(a)(1) of the CAA, and the emissions statement 
requirement pursuant to section 182(a)(3)(B).
    As stated previously, these requirements are not due for purposes 
of redesignation of the Cambria Area, but nevertheless, Pennsylvania 
already has in its approved SIP, an emissions statement rule for the 1-
hour standard that covers all portions of the designated 8-hour 
nonattainment area, and that satisfies the emissions statement 
requirement for the 8-hour standard. See, 25 Pa. Code 135.21(a)(1) 
codified at 40 CFR 52.2020; 60 FR 2881, January 12, 1995. With respect 
to the base year inventory requirement, in this notice of proposed 
rulemaking, EPA is proposing to approve the 2002 base year inventory 
for the Cambria Area, which was submitted on March 27, 2007, 
concurrently with its maintenance plan, into the Pennsylvania SIP. EPA 
is proposing to approve the 2002 base year inventory as fulfilling the 
requirements, if necessary, of both sections 182(a)(1) and 172(c)(3) of 
the CAA. A detailed evaluation of Pennsylvania's 2002 base year 
inventory for the Cambria Area can be found in a Technical Support 
Document (TSD) prepared by EPA for this rulemaking. EPA has determined 
that the emission inventory and the emissions statement for the Cambria 
Area have been satisfied.
    In addition to the fact that Part D requirements applicable for 
purposes of redesignation did not become due prior to submission of the 
redesignation request, EPA believes that the general conformity and NSR 
requirements do not require approval prior to redesignation.
    With respect to section 176, Conformity Requirements, section 
176(c) of the CAA requires states to establish criteria and procedures 
to ensure that Federally-supported or funded projects conform to the 
air quality planning goals in the applicable SIP. The requirement to 
determine conformity applies to transportation plans, programs, and 
projects developed, funded or approved under Title 23 U.S.C. and the 
Federal Transit Act (``transportation conformity'') as well as to all 
other Federally supported or funded projects (``general conformity''). 
State conformity revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement and enforceability 
that the CAA required the EPA to promulgate. EPA believes it is 
reasonable to interpret the conformity SIP requirements as not applying 
for purposes of evaluating the redesignation request under section 
107(d) since State conformity rules are still required after 
redesignation and Federal conformity rules apply where State rules have 
not been approved. See, Wall v. EPA, 265 F. 3d 426, 438-440 (6th Cir. 
2001), upholding this interpretation. See also, 60 FR 62748 (December 
7, 1995).
    In the case of the Cambria Area, EPA has also determined that 
before being redesignated, the Cambria Area need not comply with the 
requirement that a NSR program be approved prior to redesignation. EPA 
has also determined that areas being redesignated need not comply with 
the requirement that a NSR program be approved prior to redesignation, 
provided that the area demonstrates maintenance of the standard without 
Part D NSR in effect. The rationale for this position is described in a 
memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled, ``Part D NSR Requirements 
of Areas Requesting Redesignation to Attainment.'' Normally, State's 
Prevention of Significant Deterioration (PSD) program will become 
effective in the area immediately upon redesignation to attainment. See 
the more detailed explanations in the following redesignation 
rulemakings: Detroit, MI (60 FR 12467-12468, March 7, 1995); Cleveland-
Akron-Lorrain, OH (61 FR 20458, 20469-70, May 7, 1996); Louisville, KY 
(66 FR 53665, 53669, October 23, 2001); Grand Rapids, MI (61 FR 31831, 
31836-31837, June 21, 1996). In the case of the Cambria Area, the 
Chapter 127 Part D NSR regulations in the Pennsylvania SIP (codified at 
40 CFR 52.2020(c)(1)) explicitly apply the requirements for NSR in 
section 184 of the CAA to ozone attainment areas within the ozone 
transport region (OTR). The OTR NSR requirements are more stringent 
than that required for a marginal or basic ozone nonattainment area. On 
October 19, 2001 (66 FR 53094), EPA fully approved Pennsylvania's NSR 
SIP revision consisting of Pennsylvania's Chapter 127 Part D NSR 
regulations that cover the Cambria Area.
    EPA has also interpreted the section 184 OTR requirements, 
including the NSR program, as not being applicable for purposes of 
redesignation. The rationale for this is based on two considerations. 
First, the requirement to submit SIP revisions for the section 184 
requirements continues to apply to areas in the OTR after redesignation 
to attainment. Therefore, the State remains obligated to have NSR, as 
well as reasonably available control technology (RACT), and Vehicle 
Inspection and Maintenance (I/M) programs even after redesignation. 
Second, the section 184 control measures are region-wide requirements 
and do not apply to the Cambria Area by virtue of the area's 
designation and classification. See, 61 FR 53174, 53175-53176 (October 
10, 1996) and 62 FR 24826, 24830-32 (May 7, 1997).
3. Part D Nonattainment Area Requirements Under the 1-Hour Standard
    In its December 22, 2006 decision in South Coast, the Court also 
addressed EPA's revocation of the 1-hour ozone standard. The current 
status of the revocation and associated anti-backsliding rules is 
dependent on whether the Court's decision stands as originally issued 
or is modified in response to any petition for rehearing or request for 
clarification that has been filed. As described more fully below, EPA 
determined that the Cambria Area has attained the 1-hour standard by 
its attainment date (60 FR 3349, January 17, 1995), continuous to 
attain that attain that standard, and has fulfilled any requirements of 
the 1-hour standard that would apply even if the 1-hour standard is 
reinstated and those requirements are viewed as applying under the 
statute itself. Thus, the Court's decision, as it currently stands, 
imposes no impediment to moving forward with redesignation of the 
Cambria Area to attainment.

[[Page 30515]]

    The conformity portion of the Court's ruling does not impact the 
redesignation request for the Cambria Area because there are no 
conformity requirements that are relevant to redesignation request for 
any standard, including the requirement to submit a transportation 
conformity SIP.\1\ As we have previously noted, under longstanding EPA 
policy, EPA believes it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of evaluating a redesignation 
request under section 107(d) because state conformity rules are still 
required after redesignation and Federal conformity rules apply where 
state rules have not been approved. 40 CFR 51.390. See, Wall v. EPA, 
265 F.3d 426 (6th Cir. 2001), upholding this interpretation. See also, 
60 FR 62748 (Dec. 7, 1995) (Tampa, FL redesignation).
---------------------------------------------------------------------------

    \1\ Clean Air Act section 176(c)(4)(E) currently requires States 
to submit revisions to their SIPs to reflect certain Federal 
criteria and procedures for determining transportation conformity. 
Transportation conformity SIPs are different from the motor vehicle 
emissions budgets that are established in control strategy SIPs and 
maintenance plans.
---------------------------------------------------------------------------

    With respect to the requirement for submission of contingency 
measures for the 1-hour standard, section 182(a) does not require 
contingency measures for marginal areas, and, therefore, that portion 
of the Court's ruling does not impact the redesignation request for the 
Cambria Area.
    Prior to its designation as an 8-hour ozone nonattainment area, the 
Cambria Area was designated a marginal nonattainment area for the 1-
hour standard. With respect to the 1-hour standard, the applicable 
requirements of subpart 1 and subpart 2 of Part D (section 182) for the 
Cambria Area are discussed in the following paragraphs.
    Section 182(a)(2)(A) required SIP revisions to correct or amend 
RACT for sources in marginal areas, such as the Cambria Area, that were 
subject to control technique guidelines (CTGs) issued before November 
15, 1990 pursuant to CAA section 108. On December 22, 1994, EPA fully 
approved into the Pennsylvania SIP all corrections required under 
section 182(a)(2)(A) of the CAA (59 FR 65971, December 22, 1994). EPA 
believes that this requirement applies only to marginal and higher 
classified areas under the 1-hour NAAQS pursuant to the 1990 amendments 
to the CAA; therefore, this is a one-time requirement. After an area 
has fulfilled the section 182(a)(2)(A) requirement for the 1-hour 
NAAQS, there is no requirement under the 8-hour NAAQS.
    Section 182(a)(2)(B) of the CAA relates to the savings clause for 
vehicle I/M. It requires marginal areas to adopt vehicle I/M programs. 
This provision was not applicable to the Cambria Area because this area 
did not have nor was required to have an I/M program before November 
15, 1990.
    Section 182(a)(3)(A) is a provision of the CAA that requires a 
triennial periodic emissions inventory for the nonattainment area. The 
most recent inventory for the Cambria Area compiled for 2002 and 
submitted to EPA as a SIP revision with the maintenance for the Cambria 
Area.
    With respect to NSR, EPA has determined that areas being 
redesignated need not have an approved New Source Review program for 
the same reasons discussed previously with respect to the applicable 
Part D requirements for the 8-hour standard.
    Section 182(a)(3)(B) is a provision of the CAA that requires 
sources of VOCs and NOX in the nonattainment area to submit 
annual Emissions Statements regarding the quantity of emissions from 
the previous year. As discussed previously, Pennsylvania already has in 
its approved SIP, a previously approved emissions statement rule for 
the 1-hour standard which applies to the Cambria Area.
    Section 182(a)(1) is a provision of the CAA that provides for the 
submission of a comprehensive, accurate, current inventory of actual 
emissions from all sources, as described in section 172(c)(3), in 
accordance with guidance provided by the Administrator. In this 
proposed rule, EPA is proposing to approve a 2002 base year emissions 
inventory for the Cambria Area as meeting the requirement of section 
182(a)(1). While EPA generally required that the base year inventory 
for the 1-hour standard be for calendar year 1990, EPA believes that 
Pennsylvania's 2002 inventory fulfills this requirement because it 
meets EPA's guidance and because it is more current than 1990. EPA also 
proposes to determine that, if the 1-hour standard is deemed to be 
reinstated, the 2002 base year inventory for the 8-hour standard will 
provide an acceptable substitute for the base year inventory for the 1-
hour standard.
    EPA has previously determined that the Cambria Area attained the 1-
hour ozone NAAQS by the November 15, 1993 attainment date (60 FR 3349, 
January 17, 1995) and we believe that the Cambria Area is still in 
attainment for the 1-hour ozone NAAQS based upon the ozone monitoring 
data for the years 2003-2005. To demonstrate attainment, i.e., 
compliance with this standard, the annual average of the number of 
exceedances of the 1-hour standard over a three-year period must be 
less than or equal to 1. Table 3 provides a summary of the number of 
expected exceedances for each of the years 2003 through 2006 and three-
year annual average.

   Table 3.--Cambria Area Number of Expected Exceedances of the 1-Hour
        Ozone Standard; Cambria County Monitor/AQS ID 42-021-0011
------------------------------------------------------------------------
                                                             Number of
                          Year                               expected
                                                            exceedances
------------------------------------------------------------------------
2003....................................................             0.0
2004....................................................             0.0
2005....................................................             0.0
2006....................................................             0.0
------------------------------------------------------------------------
The average number of exceedances for the 3-year period 2003 through
 2005 is 0.0.
The average number of exceedances for the 3-year period 2004 through
 2006 is 0.0.
------------------------------------------------------------------------

    In summary, EPA has determined that the data submitted by 
Pennsylvania and taken from AQS indicates that the Cambria Area is 
maintaining air quality that conforms to the 1-hour ozone NAAQS. EPA 
believes this conclusion remains valid after review of the available 
2006 data because no exceedances were recorded in the Cambria Area in 
2006.
4. Transport Region Requirements
    All areas in the OTR, both attainment and nonattainment, are 
subject to additional control requirements under section 184 for the 
purpose of reducing interstate transport of emissions that may 
contribute to downwind ozone nonattainment. The section 184 
requirements include RACT, NSR, enhanced vehicle I/M, and Stage II 
vapor recovery or a comparable measure.
    In the case of the Cambria Area, which is located in the OTR, 
nonattainment NSR will be applicable after redesignation. As discussed 
previously, EPA fully approved Pennsylvania's NSR SIP revision which 
applies the requirements for NSR of section 184 of the CAA to 
attainment areas within the OTR.
    As discussed previously in this notice, EPA has interpreted the 
section 184 OTR requirements, including NSR, as not being applicable 
for purposes of redesignation. See, 61 FR 53174, October 10, 1996, and 
62 FR 24826 at 24830-24832, May 7, 1997 (Reading, Pennsylvania 
Redesignation).

[[Page 30516]]

5. Cambria Area Has a Fully Approved SIP for Purposes of Redesignation
    EPA has fully approved the Pennsylvania SIP for the purposes of 
this redesignation. EPA may rely on prior SIP approvals in approving a 
redesignation request. Calcagni Memo, p. 3; Southwestern Pennsylvania 
Growth Alliance v. Browner, 144 F. 3d 984, 989-90 (6th Cir. 1998); Wall 
v. EPA, 265 F. 3d 426 (6th Cir. 2001), plus any additional measures it 
may approve in conjunction with a redesignation action. See also, 68 FR 
at 25425 (May 12, 2003) and citations therein.

C. The Air Quality Improvement in the Cambria Area Is Due to Permanent 
and Enforceable Reductions in Emissions Resulting From Implementation 
of the SIP and Applicable Federal Air Pollution Control Regulations and 
Other Permanent and Enforceable Reductions

    EPA believes that the Commonwealth has demonstrated that the 
observed air quality improvement in the Cambria Area is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the SIP, Federal measures, and other State-adopted 
measures. Emissions reductions attributable to these rules are shown in 
Table 4.

              Table 4.--Total VOC and NOX Emissions for 2002 and 2004 in Tons per Summer Day (tpsd)
----------------------------------------------------------------------------------------------------------------
                      Year                          Point         Area       Nonroad       Mobile       Total
----------------------------------------------------------------------------------------------------------------
                                        Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
2002...........................................          0.4          6.4          3.0          6.3         16.1
2004...........................................          0.5          6.1          2.9          5.3         14.8
Diff. (02-04)..................................          0.1         -0.3         -0.1         -1.0         -1.3
----------------------------------------------------------------------------------------------------------------
                                              Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
2002...........................................          5.8          0.7          5.6          9.5         21.6
2004...........................................          6.0          0.7          5.3          8.2         20.2
Diff. (02-04)..................................          0.2          0.0         -0.3         -1.3         -1.4
----------------------------------------------------------------------------------------------------------------

    Between 2002 and 2004, VOC emissions decreased by 1.3 tpsd, and 
NOX emissions decreased by 1.4 tpsd. These reductions, and 
anticipated future reductions, are due to the following permanent and 
enforceable measures.
1. Stationary Point Sources
    Federal NOX SIP Call (66 FR 43795, August 21, 2001).
2. Stationary Area Sources
    Solvent Cleaning (68 FR 2206, January 16, 2003).
    Portable Fuel Containers (69 FR 70893, December 8, 2004).
3. Highway Vehicle Sources
    Federal Motor Vehicle Control Programs (FMVCP).

--Tier 1 (56 FR 25724, June 5, 1991).
--Tier 2 (65 FR 6698, February 10, 2000).

    Heavy-duty Engine and Vehicle Standards (62 FR 54694, October 21, 
1997, and 65 FR 59896, October 6, 2000).
    National Low Emission Vehicle (NLEV) Program (PA) (64 FR 72564, 
December 28, 1999).
    Vehicle Emission Inspection/Maintenance Program (70 FR 58313, 
October 6, 2005).
4. Non-Road Sources
    Non-road Diesel (69 FR 38958, June 29, 2004).
    EPA believes that permanent and enforceable emissions reductions 
are the cause of the long-term improvement in ozone levels and are the 
cause of the Cambria Area achieving attainment of the 8-hour ozone 
standard.

D. The Cambria Area Has a Fully Approvable Maintenance Plan Pursuant to 
Section 175A of the CAA

    In conjunction with its request to redesignate the Cambria Area to 
attainment status, Pennsylvania submitted a SIP revision to provide for 
maintenance of the 8-hour ozone NAAQS in the Cambria Area for at least 
11 years after redesignation. The Commonwealth is requesting that EPA 
approve this SIP revision as meeting the requirement of CAA 175A. Once 
approved, the maintenance plan for the 8-hour ozone NAAQS will ensure 
that the SIP for the Cambria Area meets the requirements of the CAA 
regarding maintenance of the applicable 8-hour ozone standard.

What Is Required in a Maintenance Plan?

    Section 175 of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after approval of a 
redesignation of an area to attainment. Eight years after the 
redesignation, the Commonwealth must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures, with a schedule for implementation, as EPA deems 
necessary to assure prompt correction of any future 8-hour ozone 
violations. Section 175A of the CAA sets forth the elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. The Calcagni memo provides additional guidance on the 
content of a maintenance plan. An ozone maintenance plan should address 
the following provisions:
    (a) an attainment emissions inventory;
    (b) a maintenance demonstration;
    (c) a monitoring network;
    (d) verification of continued attainment; and
    (e) a contingency plan.

Analysis of the Cambria Area Maintenance Plan

    (a) Attainment inventory--An attainment inventory includes the 
emissions during the time period associated with the monitoring data 
showing attainment. PADEP determined that the appropriate attainment 
inventory year is 2004. That year establishes a reasonable year within 
the three-year block of 2003-2005 as a baseline and accounts for 
reductions attributable to implementation of the CAA requirements to 
date. The 2004

[[Page 30517]]

inventory is consistent with EPA guidance and is based on actual 
``typical summer day'' emissions of VOC and NOX during 2004 
and consists of a list of sources and their associated emissions.
    The 2002 and 2004 point source data was compiled from actual 
sources. Pennsylvania requires owners and operators of larger 
facilities to submit annual production figures and emission 
calculations each year. Throughput data are multiplied by emission 
factors from Factor Information Retrieval (FIRE) Data Systems and EPA's 
publication series AP-42, and are based on Source Classification Codes 
(SCC).
    The 2002 area source data was compiled using county-level activity 
data, from census numbers, from county numbers, etc. The 2004 area 
source data was projected from the 2002 inventory using temporal 
allocations provided by the Mid-Atlantic Regional Air Management 
Association (MARAMA).
    The on-road mobile source inventories for 2002 and 2004 were 
compiled using MOBILE6.2 and Pennsylvania Department of Transportation 
(PENNDOT) estimates for VMT. The PADEP has provided detailed data 
summaries to document the calculations of mobile on-road VOC and 
NOX emissions for 2002, as well as for the projection years 
of 2004, 2009, and 2018 (shown in Tables 5 and 6 below).
    The 2002 and 2004 emissions for the majority of non-road emission 
source categories were estimated using the EPA NONROAD 2005 model. The 
NONROAD model calculates emissions for diesel, gasoline, liquefied 
petroleum gasoline, and compressed natural gas-fueled non-road 
equipment types and includes growth factors. The NONROAD model does not 
estimate emissions from locomotives or aircraft. For 2002 and 2004 
locomotive emissions, the PADEP projected emissions from a 1999 survey 
using national fuel consumption information and EPA emission and 
conversion factors. There are no significant air carrier operations 
(aircraft that can seat over 60 passengers) in Cambria County. The 
Johnstown Airport supports some air taxi operations that account for a 
very small amount of emissions. For 2002 and 2004 aircraft emissions, 
PADEP estimated emissions using small airport operations statistics 
from http://www.airnav.com, and emission factors and operational 
characteristics in the EPA-approved model, Emissions and Dispersion 
Modeling System (EDMS).
    More detailed information on the compilation of the 2002, 2004, 
2009, and 2018 inventories can found in the Technical Appendices, which 
are part of this submittal.
    (b) Maintenance Demonstration--On March 27, 2007, the PADEP 
submitted a maintenance plan as required by section 175A of the CAA. 
The Cambria Area maintenance plan shows maintenance of the 8-hour ozone 
NAAQS by demonstrating that current and future emissions of VOC and 
NOX remain at or below the attainment year 2004 emissions 
levels throughout the Cambria Area through the year 2018. A maintenance 
demonstration need not be based on modeling. See, Wall v. EPA, supra; 
Sierra Club v. EPA, supra. See also, 66 FR at 53099-53100; 68 FR at 
25430-32.
    Tables 5 and 6 specify the VOC and NOX emissions for the 
Cambria Area for 2004, 2009, and 2018. The PADEP chose 2009 as an 
interim year in the maintenance demonstration period to demonstrate 
that the VOC and NOX emissions are not projected to increase 
above the 2004 attainment level during the time of the maintenance 
period.

           Table 5.--Total VOC Emissions for 2004-2018 (tpsd)
------------------------------------------------------------------------
                                     2004 VOC     2009 VOC     2018 VOC
         Source category            emissions    emissions    emissions
------------------------------------------------------------------------
Point *..........................          0.5          0.3          0.4
Area.............................          6.1          5.5          5.4
Mobile **........................          5.3          3.8          2.3
Nonroad..........................          2.9          2.4          2.1
                                  --------------------------------------
    Total........................         14.8         12.0        10.2
------------------------------------------------------------------------
* The stationary point source emissions shown here do not include
  available banked emission credits as indicated in Appendix A-4
  submitted with the maintenance plan.
** Includes safety margin identified in the motor vehicle emission
  budgets for transportation conformity.


           Table 6.--Total NOX Emissions for 2004-2018 (tpsd)
------------------------------------------------------------------------
                                     2004 NOX     2009 NOX     2018 NOX
         Source category            emissions    emissions    emissions
------------------------------------------------------------------------
Point \*\........................          6.0          6.5          6.9
Area.............................          0.7          0.7          0.8
Mobile \**\......................          8.2          5.6          2.7
Non-road.........................          5.3          4.5          3.4
                                  --------------------------------------
    Total........................         20.2         17.3        13.7
------------------------------------------------------------------------
* The stationary point source emissions shown here do not include
  available banked emission credits as indicated in Appendix A-4.
** Includes safety margin identified in the motor vehicle emission
  budgets for transportation conformity.

    Additionally, the following programs are either effective or due to 
become effective and will further contribute to the maintenance 
demonstration of the 8-hour ozone NAAQS:
     The Clean Air Interstate Rule (CAIR) (71 FR 25328, April 
28, 2006).
     The Federal NOX SIP Call (66 FR 43795, August 
21, 2001).
     Area VOC regulations concerning portable fuel containers 
(69 FR 70893, December 8, 2004), consumer products (69 FR 70895, 
December 8, 2004), and architectural and industrial maintenance 
coatings (AIM) (69 FR 68080, November 23, 2004).
     Federal Motor Vehicle Control Programs (light-duty ) (Tier 
1, Tier 2; 56 FR 25724, June 5, 1991; 65 FR 6698, February 10, 2000).

[[Page 30518]]

     Vehicle emission/inspection/maintenance program (70 FR 
58313, October 6, 2005).
     Heavy duty diesel on-road (2004/2007) and low sulfur on-
road (2006); 66 FR 5002, (January 18, 2001).
     Non-road emission standards (2008) and off-road diesel 
fuel 2007/2010); 69 FR 38958 (June 29, 2004).
     NLEV/PA Clean Vehicle Program (54 FR 72564, December 28, 
1999)--Pennsylvania will implement this program in car model year 2008.
     Pennsylvania Heavy-Duty Diesel Emissions Control Program. 
(May 10, 2002).
    Based on the comparison of the projected emissions and the 
attainment year emissions along with the additional measures, EPA 
concludes that PADEP has successfully demonstrated that the 8-hour 
ozone standard should be maintained in the Cambria Area.
    (c) Monitoring Network--There is currently one monitor measuring 
ozone in the Cambria Area. PADEP will continue to operate its current 
air quality monitor (located in Cambria County), in accordance with 40 
CFR part 58.
    (d) Verification of Continued Attainment--In addition to 
maintaining the key elements of its regulatory program, the 
Commonwealth will track the attainment status of the ozone NAAQS in the 
Cambria Area by reviewing air quality and emissions data during the 
maintenance period. The Commonwealth will perform an annual evaluation 
of Vehicle Miles Traveled (VMT) data and emissions reported from 
stationary sources, and compare them to the assumptions about these 
factors used in the maintenance plan. The Commonwealth will also 
evaluate the periodic (every three years) emission inventories prepared 
under EPA's Consolidated Emission Reporting Regulation (40 CFR part 51, 
subpart A) to see if they exceed the attainment year inventory (2004) 
by more than 10 percent. PADEP will also continue to operate the 
existing ozone monitoring station in the Area pursuant to 40 CFR part 
58 throughout the maintenance period and submit quality-assured ozone 
data to EPA through the AQS system. Section 175A(b) of the CAA states 
that eight years following the redesignation of the Cambria Area, PADEP 
will be required to submit a second maintenance plan that will ensure 
attainment through 2028. PADEP has made that commitment to meet the 
requirement of section 175A(b).
    (e) The Maintenance Plan's Contingency Measures--The contingency 
plan provisions are designed to promptly correct a violation of the 
NAAQS that occurs after redesignation. Section 175A of the CAA requires 
that a maintenance plan include such contingency measures as EPA deems 
necessary to ensure that the State will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the events that would ``trigger'' the adoption and 
implementation of a contingency measure(s), the contingency measure(s) 
that would be adopted and implemented, and the schedule indicating the 
time frame by which the state would adopt and implement the measure(s).
    The ability of the Cambria Area to stay in compliance with the 8-
hour ozone standard after redesignation depends upon VOC and 
NOX emissions in the area remaining at or below 2004 levels. 
The Commonwealth's maintenance plan projects VOC and NOX 
emissions to decrease and stay below 2004 levels through the year 2018. 
The Commonwealth's maintenance plan outlines the procedures for the 
adoption and implementation of contingency measures to further reduce 
emissions should a violation occur.
    Contingency measures will be considered if for two consecutive 
years the fourth highest 8-hour ozone concentrations at the Cambria 
County monitor are above 84 ppb. If this trigger point occurs, the 
Commonwealth will evaluate whether additional local emission control 
measures should be implemented in order to prevent a violation of the 
air quality standard. PADEP will also analyze the conditions leading to 
the excessive ozone levels and evaluate which measures might be most 
effective in correcting the excessive ozone levels. PADEP will also 
analyze the potential emissions effect of Federal, state, and local 
measures that have been adopted but not yet implemented at the time the 
excessive ozone levels occurred. PADEP will then begin the process of 
implementing any selected measures.
    Contingency measures will also be considered in the event that a 
violation of the 8-hour ozone standard occurs at the Cambria County, 
Pennsylvania monitor. In the event of a violation of the 8-hour ozone 
standard, PADEP will adopt additional emissions reduction measures as 
expeditiously as practicable in accordance with the implementation 
schedule listed later in this notice and the Pennsylvania Air Pollution 
Control Act in order to return the area to attainment with the 
standard. Contingency measures to be considered for the Cambria Area 
will include, but not be limited to the following:
    Regulatory measures:

--Additional controls on consumer products.
--Additional controls on portable fuel containers.

    Non-Regulatory measures:

--Voluntary diesel engine ``chip reflash'' (installation software to 
correct the defeat device option on certain heavy-duty diesel engines).
--Diesel retrofit, including replacement, repowering or alternative 
fuel use, for public or private local on-road or off-road fleets.
--Idling reduction technology for Class 2 yard locomotives.
--Idling reduction technologies or strategies for truck stops, 
warehouses and other freight-handling facilities.
--Accelerated turnover of lawn and garden equipment, especially 
commercial equipment, including promotion of electric equipment.
--Additional promotion of alternative fuel (e.g., biodiesel) for home 
heating and agricultural use.

    The plan lays out a process to have any regulatory contingency 
measures in effect within 19 months of the trigger. The plan also lays 
out a process to implement the non-regulatory contingency measures 
within 12-24 months of the trigger.

VII. Are the Motor Vehicle Emissions Budgets Established and Identified 
in the Cambria Area Maintenance Plan Adequate and Approvable?

A. What are the Motor Vehicle Emissions Budgets?

    Under the CAA, States are required to submit, at various times, 
control strategy SIPs and maintenance plans in ozone areas. These 
control strategy SIPs (i.e., RFP SIPs and attainment demonstration 
SIPs) and maintenance plans identify and establish MVEBs for certain 
criteria pollutants and/or their precursors to address pollution from 
on-road mobile sources. In the maintenance plan, the MVEBs are termed 
``on-road mobile source emission budgets.'' Pursuant to 40 CFR part 93 
and 51.112, MVEBs must be established in an ozone maintenance plan. An 
MVEB is the portion of the total allowable emissions that is allocated 
to highway and transit vehicle use and emissions. An MVEB serves as a 
ceiling on emissions from an area's planned transportation system. The 
MVEB concept is further explained in the preamble to the November 24, 
1993, transportation conformity rule (58 FR 62188). The preamble also 
describes how to establish and revise the MVEBs

[[Page 30519]]

in control strategy SIPs and maintenance plans.
    Under section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the part of the State's air quality plan that 
addresses pollution from cars and trucks. ``Conformity'' to the SIP 
means that transportation activities will not cause new air quality 
violations, worsen existing violations, or delay timely attainment of 
or reasonable progress towards the NAAQS. If a transportation plan does 
not ``conform,'' most new projects that would expand the capacity of 
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA 
policy, criteria, and procedures for demonstrating and ensuring 
conformity of such transportation activities to a SIP.
    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA must affirmatively find the MVEB contained 
therein ``adequate'' for use in determining transportation conformity. 
After EPA affirmatively finds the submitted MVEB is adequate for 
transportation conformity purposes, that MVEB can be used by state and 
federal agencies in determining whether proposed transportation 
projects ``conform'' to the SIP as required by section 176(c) of the 
CAA. EPA's substantive criteria for determining ``adequacy'' of a MVEB 
are set out in 40 CFR 93.118(e)(4)
    EPA's process for determining ``adequacy'' consists of three basic 
steps: public notification of a SIP submission, a public comment 
period, and EPA's adequacy finding. This process for determining the 
adequacy of submitted SIP MVEBs was initially outlined in EPA's May 14, 
1999 guidance, ``Conformity Guidance on Implementation of March 2, 
1999, Conformity Court Decision.'' This guidance was finalized in the 
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards and 
Miscellaneous Revisions for Existing Areas; Transportation Conformity 
Rule Amendments--Response to Court Decision and Additional Rule 
Change'' on July 1, 2004 (69 FR 40004). EPA consults this guidance and 
follows this rulemaking in making its adequacy determinations.
    The MVEBS for the Cambria Area are listed in Table 1 of this 
document for 2009 and 2018, and are the projected emissions for the on-
road mobile sources plus any portion of the safety margin allocated to 
the MVEBs (safety margin allocation for 2009 and 2018 only). These 
emission budgets, when approved by EPA, must be used for transportation 
conformity determinations.

B. What is a Safety Margin?

    A safety margin is the difference between the attainment level of 
emissions (from all sources) and the projected level of emissions (from 
all sources) in the maintenance plan. The attainment level of emissions 
is the level of emissions during one of the years in which the area met 
the NAAQS. The safety margin is the extra emissions that can be 
allocated as long as the total attainment level of emissions is 
maintained. The credit, or a portion thereof, can be allocated to any 
of the source categories. The following example is for the 2018 safety 
margin: the Cambria Area first attained the 8-hour ozone NAAQS during 
the 2002 to 2004 time period. The Commonwealth used 2004 as a year to 
determine attainment levels of emissions for the Cambria Area.
    The total emissions from point, area, mobile on-road, and mobile 
non-road sources in 2004 equaled 14.8 tpd of VOC and 20.2 tpd of 
NOX. PADEP projected emissions out to the year 2018 and 
projected a total of 10.2 tpd of VOC and 13.7 tpd of NOX 
from all sources in the Cambria Area. The safety margin for the Cambria 
Area for 2018 is the difference between these amounts, or 4.6 tpd of 
VOC and 6.5 tpd of NOX. The emissions up to the level of the 
attainment year including the safety margins are projected to maintain 
the area's air quality consistent with the 8-hour ozone NAAQS. Table 7 
shows the safety margins for the 2009 and 2018 years.

       Table 7.--2009 and 2018 Safety Margins for the Cambria Area
------------------------------------------------------------------------
                                           VOC emissions   NOX emissions
             Inventory year                    (tpd)           (tpd)
------------------------------------------------------------------------
2004 Attainment.........................            14.8            20.2
2009 Interim............................            12.0            17.3
2009 Safety Margin......................             2.8             2.9
2004 Attainment.........................            14.8            20.2
2018 Final..............................            10.2            13.7
2018 Safety Margin......................             4.6             6.5
------------------------------------------------------------------------

    PADEP allocated 0.2 tpd VOC and 0.2 tpd NOX to the 2009 
interim VOC projected on-road mobile source emissions projection and 
the 2009 interim NOX projected on-road mobile source 
emissions projection to arrive at the 2009 MVEBs. For the 2018 MVEBs, 
PADEP allocated 0.3 tpd VOC and 0.3 tpd NOX from the 2018 
safety margins to arrive at the 2018 MVEBs. Once allocated to the 
mobile source budgets, these portions of the safety margins are no 
longer available, and may not be allocated to any other source 
category. Table 8 shows the final 2009 and 2018 MVEBs for the Cambria 
Area.

        Table 8.--2009 and 2018 Final MVEBs for the Cambria Area
------------------------------------------------------------------------
                                           VOC emissions   NOX emissions
             Inventory year                    (tpd)           (tpd)
------------------------------------------------------------------------
2009 Projected On-road Mobile Source                 3.6             5.4
 Projected Emissions....................
2009 Safety Margin Allocated to MVEBs...             0.2             0.2
2009 MVEBs..............................             3.8             5.6
2018 Projected On-road Mobile Source                 2.0             2.4
 Projected Emissions....................
2018 Safety Margin Allocated to MVEBs...             0.3             0.3

[[Page 30520]]

 
2018 MVEBs..............................             2.3             2.7
------------------------------------------------------------------------

C. Why Are the MVEBs Approvable?

    The 2009 and 2018 MVEBs for the Cambria Area are approvable because 
the MVEBs for NOX and VOCs continue to maintain the total 
emissions at or below the attainment year inventory levels as required 
by the transportation conformity regulations.

D. What Is the Adequacy and Approval Process for the MVEBs in the 
Cambria Area Maintenance Plan?

    The MVEBs for the Cambria Area maintenance plan are being posted to 
EPA's conformity Web site concurrently with this proposal. The public 
comment period will end at the same time as the public comment period 
for this proposed rule. In this case, EPA is concurrently processing 
the action on the maintenance plan and the adequacy process for the 
MVEBs contained therein. In this proposed rule, EPA is proposing to 
find the MVEBs adequate and also proposing to approve the MVEBs as part 
of the maintenance plan. The MVEBs cannot be used for transportation 
conformity until the maintenance plan and associated MVEBs are approved 
in a final Federal Register notice, or EPA otherwise finds the budgets 
adequate in a separate action following the comment period.
    If EPA receives adverse written comments with respect to the 
proposed approval of the Cambria Area MVEBs, or any other aspect of our 
proposed approval of this updated maintenance plan, we will respond to 
the comments on the MVEBs in our final action or proceed with the 
adequacy process as a separate action. Our action on the Cambria Area 
MVEBs will also be announced on EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/index.htm (once there, click 
on ``Adequacy Review of SIP Submissions).

VIII. Proposed Actions

    EPA is proposing to determine that the Cambria Area has attained 
the 8-hour ozone NAAQS. EPA is also proposing to approve the 
redesignation of the Cambria Area from nonattainment to attainment for 
the 8-hour ozone NAAQS. EPA has evaluated Pennsylvania's redesignation 
request and determined that it meets the redesignation criteria set 
forth in section 107(d)(3)(E) of the CAA. EPA believes that the 
redesignation request and monitoring data demonstrate that the Cambria 
Area has attained the 8-hour ozone standard. The final approval of this 
redesignation request would change the designation of the Cambria Area 
from nonattainment to attainment for the 8-hour ozone standard. EPA is 
proposing to approve the maintenance plan for the Cambria Area, 
submitted on March 27, 2007, as a revision to the Pennsylvania SIP. EPA 
is proposing to approve the maintenance plan for the Cambria Area 
because it meets the requirements of section 175A as described 
previously in this notice. EPA is also proposing to approve the 2002 
base-year inventory for the Cambria Area, and the MVEBs submitted by 
Pennsylvania for the Cambria Area in conjunction with its redesignation 
request. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action.

IX. 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 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 (Pub. L. 104-4). This proposed rule also does 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), nor will it 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), because it 
merely proposes to approve a state rule implementing a Federal 
requirement, 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 (62 FR 
19885, April 23, 1997), because it approves a state rule implementing a 
Federal standard.
    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. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new requirements on sources. 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. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
proposed rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule, proposing to approve

[[Page 30521]]

the redesignation of the Cambria Area to attainment for the 8-hour 
ozone NAAQS, the associated maintenance plan, the 2002 base-year 
inventory, and the MVEBs identified in the maintenance plan, 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

40 CFR Part 52

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

40 CFR Part 81

    Air pollution control, National parks, Wilderness Areas.

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

    Dated: May 25, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E7-10584 Filed 5-31-07; 8:45 am]
BILLING CODE 6560-50-P