[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Rules and Regulations]
[Pages 56911-56914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19516]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0511; FRL-8476-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Carbon Monoxide Maintenance Plan Update; Limited 
Maintenance Plan in Philadelphia County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Pennsylvania State Implementation Plan (SIP) that was submitted on 
March 19, 2007 by the Pennsylvania Department of the Environment. This 
revision is a conversion of the currently approved full maintenance 
plan for carbon monoxide for the years 2007-2017, to a maintenance plan 
that will utilize a limited maintenance plan option for the same 
period. This will allow Federal actions requiring conformity 
determinations to be considered as automatically satisfying the budget 
test for carbon monoxide. EPA is approving these revisions to the 
Philadelphia County carbon monoxide maintenance plan in accordance with 
the requirements of the Clean Air Act (the Act). This action is being 
taken under section 110 of the Act.

DATES: This rule is effective on December 4, 2007 without further 
notice, unless EPA receives adverse written comment by November 5, 
2007. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0511 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-2007-0511, Marilyn Powers, 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-
2007-0511. 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 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

[[Page 56912]]

19103. Copies of the State submittal are available at the Pennsylvania 
Department of Environmental Resources Bureau of Air Quality Control, 
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105; and 
the Department of Public Health, Air Management Services, 321 
University Avenue, Philadelphia, Pennsylvania 19104.

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

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
is arranged as follows:

I. What Is the Background of This SIP Revision?
II. What Is a Limited Maintenance Plan?
III. What Does This Mean for Transportation Conformity?
IV. What Final Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. What Is the Background of This SIP Revision?

    On March 19, 2007, the Pennsylvania Department of Environmental 
Protection submitted a SIP revision to EPA, requesting that EPA convert 
the previously approved second follow-on ten year carbon monoxide 
maintenance plan, covering the years 2007-2017, to a limited 
maintenance plan designation.
    In 1991, EPA designated part of Philadelphia County as a carbon 
monoxide nonattainment area (see 56 FR 56694, 11/6/91). The 
Commonwealth of Pennsylvania subsequently developed a state 
implementation plan to control carbon monoxide emissions, utilizing 
federal and state control measures, ultimately resulting in attainment 
of the carbon monoxide National Ambient Air Quality Standard (NAAQS). 
The area was redesignated to attainment, effective March 15, 1996 (61 
FR 2926, 1/30/96) and the ten year maintenance plan covering the period 
1997-2007 was also approved. Following this period, in accordance with 
section 175A(b) of the Act, on September 3, 2004, Pennsylvania 
submitted a second ten year follow-on maintenance plan, covering the 
period 2007-2017, providing for continued attainment of the carbon 
monoxide NAAQS in Philadelphia County. This maintenance plan, approved 
by EPA (70 FR 16958, 4/4/05) and effective on June 3, 2005, established 
a motor vehicle emissions budget for carbon monoxide that is considered 
constraining for the purposes of determining conformity with the 
approved SIP. The purpose of the latest SIP revision is to convert the 
full maintenance plan to a limited maintenance plan, which will allow 
for emissions budgets in the affected area to be treated as essentially 
not constraining for the purposes of future transportation and general 
conformity determinations.

II. What Is a Limited Maintenance Plan?

    EPA detailed the limited maintenance plan option in a memorandum 
entitled, ``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas,'' signed by Joseph Paisie, Group Leader, 
Integrated Policy and Strategies Group, Office of Air Quality Planning 
and Standards (OAQPS), dated October 6, 1995. Pursuant to this 
approach, we will consider the maintenance demonstration satisfied for 
``nonclassified'' areas if the monitoring data show that the design 
value is at or below 7.65 parts per million (ppm), which is equal to 85 
percent of the level of the 8-hour carbon monoxide NAAQS. The design 
value must be based on eight consecutive quarters of data. For such 
areas, there is no requirement to project emissions of air quality over 
the maintenance period. We believe that if the area begins the 
maintenance period at or below 85 percent of the 8-hour carbon monoxide 
NAAQS, then the applicability of Prevention of Significant 
Deterioration (PSD) requirements, the control measures already in the 
SIP, and Federal measures, should provide adequate assurance of 
maintenance over the 10-year maintenance period.
    In addition, the design value for the area must continue to be at 
or below 7.65 ppm until the time of the final EPA action. Current 
carbon monoxide design values for Philadelphia County meet the 
requirements for a limited maintenance plan. The current design value 
in Philadelphia for carbon monoxide is 3.4 ppm, and recent design 
values have been between one-third to less than one-half of the NAAQS 
for this pollutant. Projections of ambient air quality throughout the 
maintenance period conclude that the 2017 design value for carbon 
monoxide would be 2.2 ppm. Accordingly, we believe this redesignated 
carbon monoxide attainment area qualifies for use of a limited 
maintenance plan.
    Further, the EPA guidance document referenced above, sets forth the 
core criteria for a limited maintenance plan. All of these criteria 
were met in the full maintenance plan approved by EPA and effective 
June 3, 2005 (70 FR 16958, 4/4/05), and will not be restated here, as 
this action only relates to use of the limited maintenance plan option 
in the context of determining conformity with the SIP.

III. What Does This Mean for Transportation Conformity?

    Section 176(c) of the Act defines transportation conformity as 
conformity to the SIP's purpose of eliminating or reducing the severity 
and number of violations of the NAAQS and achieving expeditious 
attainment of such standards. The Act further defines transportation 
conformity to mean that no Federal transportation activity will: (1) 
Cause or contribute to any new violation of any standard in any area, 
(2) increase the frequency or severity of any existing violation of a 
standard in any area; or (3) delay timely attainment of any standard in 
any area. The Federal Transportation Conformity Rule, 40 CFR Part 93, 
subpart A, sets forth the criteria and procedures for demonstrations 
assuring conformity of transportation plans, programs and projects that 
are developed, funded or approved by the U.S. Department of 
Transportation, and by metropolitan planning organizations or other 
recipients of funds under Title 23 U.S.C. of the Federal Transit 
Administration (49 U.S.C. Chapter 53). The transportation conformity 
rule applies within all nonattainment and maintenance areas. As 
prescribed by the transportation conformity rule, once an area has an 
applicable state implementation plan with motor vehicle emissions 
budgets, the expected emissions from planned transportation activities 
must be consistent with (i.e., conform to) such established budgets for 
that area.
    In the case of the Philadelphia County, Pennsylvania, carbon 
monoxide limited maintenance plan area, however, the emissions budgets 
may be treated as essentially non-constraining for the length of the 
second maintenance period as long as the area continues to meet the 
limited maintenance plan criteria. There is no reason to expect that 
this area will experience so much growth in that period that a 
violation of the carbon monoxide NAAQS would result.
    Since limited maintenance plan areas are still maintenance areas 
however, transportation conformity determinations are still required 
for transportation plans, programs and projects. Specifically, 
determinations, transportation plans, transportation improvement 
programs and projects must still demonstrate that they are fiscally 
constrained (40 CFR part 108) and must meet the criteria consultation 
and Transportation Control Measure (TCM) implementation with the 
conformity rule (40 CFR 93.112 and 40

[[Page 56913]]

CFR 93.113). In addition, projects in limited maintenance areas will 
still be required to meet the criteria for carbon monoxide hot spot 
analyses to satisfy ``project level'' conformity determinations (40 CFR 
93.116 and 40 CFR 93.123). All aspects of transportation conformity 
(with the exception of satisfying the emissions budget test) will still 
be required.
    If a carbon monoxide attainment area monitor records concentrations 
at or above the limited maintenance eligibility criteria of 7.65 ppm, 
then the maintenance area will no longer qualify for a limited 
maintenance plan and will revert to a full maintenance plan. In this 
event, the limited maintenance plan would remain applicable for 
conformity purposes only until the full maintenance plan is submitted 
and EPA has found the SIP's motor vehicle emissions budgets adequate 
for conformity purposes, or EPA approves the full maintenance plan SIP 
revision.

IV. What Final Action Is EPA Taking Today?

    EPA is approving a SIP revision request submitted by the 
Pennsylvania Department of the Environment, requesting a limited 
maintenance plan option for the carbon monoxide maintenance area in 
Philadelphia County. This SIP revision supplements the currently 
approved carbon monoxide maintenance plan and establishes a limited 
maintenance plan with an unlimited budget for regional motor vehicle 
emissions for the Philadelphia County, Pennsylvania carbon monoxide 
maintenance area. For future Federal actions requiring conformity 
determinations under the transportation conformity rule and general 
conformity rule (40 CFR Part 93), the area will be considered to 
already satisfy the budget test for carbon monoxide.
    We are publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on December 4, 2007 without further 
notice unless EPA receives adverse comment by November 5, 2007. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
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. 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 December 4, 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, which approves a conversion of the Philadelphia County 
carbon monoxide full maintenance plan to a limited maintenance plan 
option for the purpose of satisfying future conformity determinations, 
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

[[Page 56914]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations.

    Dated: September 14, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN Pennsylvania

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


Sec.  52.2020  Identification of plan.

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

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  Name of non-regulatory SIP      Applicable         State                                       Additional
           revision            geographic area  submittal date       EPA approval date           explanation
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                                                  * * * * * * *
Carbon Monoxide Maintenance    Philadelphia     9/8/95, 10/30/  1/30/96...................  52.2063(c)(105).
 Plan.                          County.                     95  61 FR 2982................
                                                        9/3/04  4/4/05....................  Revised Carbon
                                                                70 FR 16958...............   Monoxide
                                                                                             Maintenance Plan
                                                                                             Base Year Emissions
                                                                                             Inventory using
                                                                                             MOBILE 6.
                                                       3/19/07  10/5/07 [Insert page        Conversion of the
                                                                 number where the document   Carbon Monoxide
                                                                 begins].                    Maintenance Plan to
                                                                                             a Limited
                                                                                             Maintenance Plan
                                                                                             Option.
 
                                                  * * * * * * *
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[FR Doc. E7-19516 Filed 10-4-07; 8:45 am]
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