[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Rules and Regulations]
[Pages 67776-67778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27210]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0453; FRL-8741-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; 2002 Base Year Inventory for the Pittsburgh-Beaver Valley 
8-Hour Ozone Nonattainment Area

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. This revision 
establishes a 2002 base year inventory for the Pittsburgh-Beaver 
Valley, Pennsylvania, ozone nonattainment area (the Pittsburgh Area). 
The intended effect of this action is to approve a 2002 base year 
inventory for the Pittsburgh Area. This action is being taken under the 
Clean Air Act.

DATES: Effective Date: This final rule is effective on December 17, 
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0453. 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 Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or 
by e-mail at [email protected].

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

I. Background

    On July 11, 2007 (72 FR 37683), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania (the July 11, 
2007 NPR). The July 11, 2007 NPR proposed approval of a request 
submitted by the Pennsylvania Department of Environmental Protection 
(PADEP) that the Pittsburgh Area be redesignated as attainment for the 
0.08 parts per million (ppm) 8-hour ozone national ambient air quality 
standard (NAAQS) that was promulgated on July 18, 1997 (62 FR 38856) 
(the ``1997 8-hour ozone NAAQS'').\1\ The July 11, 2007 NPR proposed 
approval of a SIP revision comprising a maintenance plan for the 
Pittsburgh Area that provides for continued attainment of the 1997 8-
hour ozone NAAQS for at least 10 years after redesignation and the 
motor vehicle emission budgets (MVEBs) that were identified in this 
maintenance plan for purposes of transportation conformity. The July 
11, 2007 NPR also proposed approval of a 2002 base year inventory for 
the Pittsburgh Area as a SIP revision.
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    \1\ On March 27, 2008 (73 FR 16436), EPA revised the level of 
the primary and secondary 8-hour ozone NAAQS to 0.075 ppm, but the 
Pittsburgh area has not been designated under this revision to the 
NAAQS.
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    The PADEP submitted the formal SIP revisions and the request that 
the Pittsburgh Area be redesignated to attainment of the 1997 8-hour 
ozone NAAQS (the ``redesignation request'') on April 26, 2007.
    On May 29, 2008, the PADEP submitted a letter to formally withdraw 
the redesignation request and the maintenance plan SIP revision. On 
August 1, 2008, PADEP affirmed that the Commonwealth was not 
withdrawing the 2002 base year emissions inventory SIP revision 
submitted on April 26, 2007, and submitted an amended SIP revision 
document which struck-out the maintenance plan elements, leaving only 
the 2002 base year emissions inventory. The Commonwealth of

[[Page 67777]]

Pennsylvania has withdrawn the redesignation request and the 
maintenance plan SIP revision from our consideration. In a separate 
action, we are withdrawing our proposed actions on the redesignation 
request and on the maintenance plan and the MVEBs identified therein.
    As discussed in the July 11, 2007 NPR, we proposed to approve the 
2002 base year emissions inventory for the Pittsburgh Area to fulfill 
the inventory requirements, as necessary, of both section 172(c)(3) and 
section 182(a)(1) of the Clean Air Act. See, 72 FR 37863 at 37688, July 
11, 2007.

II. Summary of SIP Revision

    The 2002 base year inventory establishes a comprehensive inventory 
for both volatile organic compounds (VOC), nitrogen oxides 
(NOX) and carbon monoxide (CO) emissions in the Pittsburgh 
Area, including point, area, mobile on-road, and mobile non-road 
sources for a base year of 2002. A summary of the VOC and 
NOX emissions in tons per year (tpy) and in tons per day 
(tpd) by sector are presented in Table 1.

                                Table 1--Pittsburgh Area 2002 Base Year Inventory
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                                          VOC emissions             NOX emissions             CO emissions
           Source sector           -----------------------------------------------------------------------------
                                        tpy          tpd          tpy          tpd          tpy          tpd
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Point Sources.....................       6134.0         16.5      92842.2        250.4      50966.0        134.5
Nonpoint Sources..................      40162.6        100.3      33052.2         11.5      33052.2         61.6
Onroad Mobile Sources.............      29285.5         86.4     493445.8        173.9     493445.8        630.1
Nonroad Mobile Sources............      15193.1         51.5     174583.3         86.1     174583.3       1105.6
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    Total Emissions...............      90775.2        254.7     793923.5        521.9     752047.3       1931.8
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    Other specific requirements for the 2002 base year inventory and 
the rationale for EPA's proposed action are explained in the July 11, 
2007 NPR and will not be restated here. No public comments were 
received on the July 11, 2007 NPR.

III. Final Action

    EPA is approving the 2002 base year inventory for the Pittsburgh 
Area as a revision to the Pennsylvania SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

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 action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action 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 January 16, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action to approve a 2002 base year 
inventory for the Pittsburgh Area may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

[[Page 67778]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Volatile organic compounds.

     Dated: November 7, 2008.
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 adding 
an entry for the 2002 Base Year Emissions Inventory for the Pittsburgh-
Beaver Valley Nonattainment Area at 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 geographic        State                              Additional
            revision                       area           submittal date   EPA approval date      explanation
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                                                  * * * * * * *
2002 Base Year Emissions         Pittsburgh-Beaver               4/26/07  11/17/08 [Insert    ..................
 Inventory.                       Valley Nonattainment                     page number where
                                  Area: Allegheny,                         the document
                                  Armstrong, Beaver,                       begins].
                                  Butler, Fayette,
                                  Washington, and
                                  Westmoreland counties.
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[FR Doc. E8-27210 Filed 11-14-08; 8:45 am]
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