[Federal Register Volume 72, Number 147 (Wednesday, August 1, 2007)]
[Rules and Regulations]
[Pages 41906-41909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14560]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R03-OAR-2007-0245; FRL-8446-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Altoona 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: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. The Pennsylvania 
Department of Environmental Protection (PADEP) is requesting that the 
Altoona 8-hour ozone nonattainment area (``Altoona Area'' or ``Area'') 
be redesignated as attainment for the 8-hour ozone ambient air quality 
standard (NAAQS). The Area is comprised of Blair County, Pennsylvania. 
EPA is approving the ozone redesignation request for Altoona Area. In 
conjunction with its redesignation request, PADEP submitted a SIP 
revision consisting of a maintenance plan for Altoona Area that 
provides for continued attainment of the 8-hour ozone NAAQS for at 
least 10 years after redesignation. EPA is approving the 8-hour 
maintenance plan. PADEP also submitted a 2002 base year inventory for 
the Altoona Area which EPA is approving. In addition, EPA is approving 
the adequacy determination for the motor vehicle emission budgets 
(MVEBs) that are identified in the Altoona Area maintenance plan for 
purposes of transportation conformity, and is approving those MVEBs. 
EPA is approving the redesignation request, and the maintenance plan 
and the 2002 base year emissions inventory as revisions to the 
Pennsylvania SIP in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: Effective Date: This final rule is effective on August 1, 2007 
pursuant to the authority of 5 U.S.C. 553(d)(1).

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0245. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittal are available at the Pennsylvania Department of Environment 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Amy Caprio, (215) 814-2156, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 7, 2007 (72 FR 31495), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed 
approval of Pennsylvania's redesignation request, a SIP revision that 
establishes a maintenance plan for the Altoona Area that provides for 
continued attainment of the 8-hour ozone NAAQS for at least 10 years 
after redesignation, and a 2002 base year emissions inventory. The 
formal SIP revisions were submitted by

[[Page 41907]]

PADEP on February 8, 2007. Other specific requirements of 
Pennsylvania's redesignation request SIP revision for the maintenance 
plan and the rationales for EPA's proposed actions are explained in the 
NPR and will not be restated here. No public comments were received on 
the NPR.
    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). South 
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v. 
EPA, Docket No. 04-1201, in response to several petitions for 
rehearing, the D. C. Circuit clarified that the Phase 1 Rule was 
vacated only with regard to those parts of the rule that had been 
successfully challenged. Therefore, the Phase 1 Rule provisions related 
to classifications for areas currently classified under subpart 2 of 
Title I, part D of the Act as 8-hour nonattainment areas, the 8-hour 
attainment dates and the timing for emissions reductions needed for 
attainment of the 8-hour ozone NAAQS remain effective. The June 8 
decision left intact the Court's rejection of EPA's reasons for 
implementing the 8-hour standard in certain nonattainment areas under 
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let 
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been 
successfully challenged. The June 8 decision reaffirmed the December 
22, 2006 decision that EPA had improperly failed to retain 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; and (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 for failure to attain that NAAQS.
    In addition the June 8 decision clarified that the Court's 
reference to conformity requirements for anti-backsliding purposes was 
limited to requiring the continued use of 1-hour MVEBs until 8-hour 
budgets were available for 8-hour conformity determinations, which is 
already required under EPA's conformity regulations. The Court thus 
clarified that 1-hour conformity determinations are not required for 
anti-backsliding purposes.
    For the reasons set forth in the proposal, EPA does not believe 
that the Court's rulings alter any requirements relevant to this 
redesignation action so as to preclude redesignation, and do not 
prevent EPA from finalizing this redesignation. EPA believes that the 
Court's December 22, 2006 and June 8, 2007 decisions impose no 
impediment to moving forward with redesignation of this area to 
attainment, because even in light of the Court's decisions, 
redesignation is appropriate under the relevant redesignation 
provisions of the Act and longstanding policies regarding redesignation 
requests.
    In its proposal, EPA proposed to find that the area had satisfied 
the requirements under the 1-hour standard whether the 1-hour standard 
was deemed to be reinstated or whether the Court's decision on the 
petition for rehearing were modified to require something less than 
compliance with all applicable 1-hour requirements. Because EPA 
proposed to find that the area satisfied the requirements under either 
scenario, EPA is proceeding to finalize the redesignation and to 
conclude that the area met the requirements under the 1-hour standard 
applicable for purposes of redesignation under the 8-hour standard. 
These include the provisions of EPA's anti-backsliding rules, as well 
as the additional anti-backsliding provisions identified by the Court 
in its rulings. In its June 8, 2007 decision the Court limited its 
vacatur so as to uphold those provisions of the anti-backsliding 
requirements that were not successfully challenged. Therefore, EPA 
finds that the area has met the anti-backsliding requirements, see 40 
CFR 51.900 et seq; 70 FR 30592, 30604 (May 26, 2005) which apply by 
virtue of the area's classification for the 1-hour ozone NAAQS, as well 
as the four additional anti-backsliding provisions identified by the 
Court, or that such requirements are not applicable for purposes of 
redesignation. In addition, with respect to the requirement for 
transportation conformity under the 1-hour standard, the Court in its 
June 8 decision clarified that for those areas with 1-hour MVEBs, anti-
backsliding requires only that those 1-hour budgets must be used for 8-
hour conformity determinations until replaced by 8-hour budgets. To 
meet this requirement, conformity determinations in such areas must 
continue to comply with the applicable requirements of EPA's conformity 
regulations at 40 CFR Part 93. The court clarified that 1-hour 
conformity determinations are not required for anti-backsliding 
purposes.

II. Final Action

    EPA is approving the Commonwealth of Pennsylvania's redesignation 
request, maintenance plan, and the 2002 base year emissions inventory 
because the requirements for approval have been satisfied. EPA has 
evaluated Pennsylvania's redesignation request that was submitted on 
February 8, 2007 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 
Altoona Area has attained the 8-hour ozone standard. The final approval 
of this redesignation request will change the designation of the 
Altoona Area from nonattainment to attainment for the 8-hour ozone 
standard. EPA is approving the maintenance plan for the Altoona Area 
submitted on February 8, 2007 as a revision to the Pennsylvania SIP. 
EPA is also approving the MVEBs submitted by PADEP in conjunction with 
its redesignation request. In addition, EPA is approving the 2002 base 
year emissions inventory submitted by PADEP on February 8, 2007 as a 
revision to the Pennsylvania SIP. In this final rulemaking, EPA is 
notifying the public that we have found that the MVEBs for volatile 
organic compounds (VOC) and nitrogen oxides (NOX) in the 
Altoona Area for the 8-hour ozone maintenance plan are adequate and 
approved for conformity purposes. As a result of our finding, the 
Altoona Area must use the MVEBs from the submitted 8-hour ozone 
maintenance plan for future conformity determinations. The adequate and 
approved MVEBs are provided in the following table:

Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Summer
                               Day (tpsd)
------------------------------------------------------------------------
                    Budget year                        VOC        NOX
------------------------------------------------------------------------
2009..............................................        4.2        6.5
2018..............................................        2.8        3.3
------------------------------------------------------------------------

    The Altoona Area is subject to the CAA's requirement for the basic 
nonattainment areas until and unless it is redesignated to attainment.

III. 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

[[Page 41908]]

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. 
Redesignation of an area to attainment under section 107(d)(3)(e) of 
the Clean Air Act does not impose any new requirements on small 
entities. Redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on sources.
    Accordingly, the Administrator certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this rule approves pre-existing requirements under state law 
and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also 
does not have tribal implications because it will not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). Because this action affects the status of 
a geographical area, does not impose any new requirements on sources, 
or allows the state to avoid adopting or implementing other 
requirements, this action also does not have Federalism implications 
because it does not have substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999). This action merely approves a state rule implementing 
a Federal requirement, 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 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. 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 October 1, 2007. 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 the redesignation of the Altoona Area to 
attainment for the 8-hour ozone NAAQS, the associated maintenance plan, 
the 2002 base year emission inventory, and the MVEBs identified in the 
maintenance plan, may not be challenged later in proceedings to enforce 
its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Air pollution Control, National Parks, Wilderness Areas.

    Dated: July 16, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In (Sec.  52.2020, the table in paragraph (e)(1) is amended by 
adding an entry for ``8-hour Ozone Maintenance Plan and the 2002 Base 
Year Emissions Inventory'' to the end of the table to read as follows:


Sec.  52.2020  Identification of plan.

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

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   Name of non-regulatory SIP        Applicable           State
            revision               geographic area   submittal date   EPA approval date  Additional  explanation
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                                                  * * * * * * *
8-Hour Ozone Maintenance Plan    Blair County......        02/08/07  08/01/07 [Insert
 and 2002 Base Year Emissions                                         page number where
 Inventory.                                                           the document
                                                                      begins].
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[[Page 41909]]

PART 81--[AMENDED]

0
3. The authority citation for Part 81 continues to read as follows:

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


0
4. In Sec.  81.339, the table entitled ``Pennsylvania--Ozone (8-Hour 
Standard)'' is amended by revising the entry for ``Altoona, PA: Blair 
County'' to read as follows:


Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--Ozone (8-Hour Standard)
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                                          Designation\a\                      Category/Classification
        Designated area        ---------------------------------------------------------------------------------
                                    Date\1\            Type                Date\1\                  Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Altoona, PA: Blair County.....        08/01/07                 Attainment.
 
                                                  * * * * * * *
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\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
 [FR Doc. E7-14560 Filed 7-31-07; 8:45 am]
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