[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Proposed Rules]
[Pages 67640-67650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28438]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0391; FRL-9485-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Attainment Plan for the Pennsylvania Portion of the 
Philadelphia-Wilmington, Pennsylvania-New Jersey-Delaware 1997 Fine 
Particulate Matter Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Pennsylvania 
State Implementation Plan (SIP), which was submitted to EPA on April 
12, 2010 to demonstrate attainment of the 1997 annual fine particulate 
matter (PM2.5) national ambient air quality standard (NAAQS) 
for the Pennsylvania portion of the Philadelphia-Wilmington, 
Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment area 
(Philadelphia area). This plan (herein called the ``attainment plan'') 
includes the Pennsylvania portion of the Philadelphia area's attainment 
demonstration and motor vehicle emission budgets (MVEBs) used for 
transportation conformity purposes. The attainment demonstration 
includes an analysis of reasonably available control measures (RACM) 
and reasonably available control technology (RACT), a base year 
emissions inventory, and contingency measures. The requirement for a 
reasonable further progress (RFP) plan is not required because 
Pennsylvania projected that attainment of the 1997 PM2.5 
NAAQS would have occurred in the Pennsylvania portion of the 
Philadelphia area by the attainment date, April 2010. This action is 
being taken in accordance with the Clean Air Act (CAA) and the Clean 
Air Fine Particulate Implementation Rule (PM2.5 
Implementation Rule) issued by EPA on April 25, 2007.

DATES: Written comments must be received on or before December 2, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0391 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2010-0391, Cristina Fernandez, Associate 
Director, Office of Air Planning Program, Mailcode 3AP30, 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-
2010-0391. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 
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,

[[Page 67641]]

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 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 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    The following is provided to aid in locating information in this 
preamble.

I. What action is EPA proposing to take?
II. What is the background for EPA's proposed action?
    A. Designation History
    B. Clean Air Fine Particle Implementation Rule
    C. Attaining Data Determination and Finding of Attainment
III. What is included in the Pennsylvania attainment plan?
IV. What is EPA's analysis of the Pennsylvania attainment plan 
submittal?
    A. Attainment Demonstration
    1. Pollutants Addressed
    2. Emission Inventory Requirements
    3. Modeling
    4. Reasonably Available Control Measures/Reasonably Available 
Control Technology
    5. Reasonable Further Progress
    6. Contingency Measures
    7. Attainment Date
    B. Motor Vehicle Emissions Budgets
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing to take?

    EPA is proposing to approve Pennsylvania's SIP submission, which 
was submitted by the Pennsylvania Department of Environmental 
Protection (PADEP) to EPA on April 12, 2010 to demonstrate attainment 
of the 1997 annual PM2.5 NAAQS for the Pennsylvania portion 
of the Philadelphia area (herein called the state's ``PM2.5 
attainment plan''). This PM2.5 attainment plan includes 
Pennsylvania's attainment demonstration and MVEBs used for 
transportation conformity purposes. The attainment demonstration 
includes a base year emissions inventory, an analysis of RACM/RACT, and 
contingency measures. RFP plan is not required because the Pennsylvania 
portion of the Philadelphia area demonstrated that attainment of the 
1997 annual PM2.5 NAAQS occurred by the attainment date, 
April 2010.
    EPA has determined that the Pennsylvania's PM2.5 
attainment plan meets the applicable requirements of the CAA, as 
described in the PM2.5 Implementation Rule issued by EPA on 
April 25, 2007 (72 FR 20586). EPA's analysis and findings are discussed 
in this proposed rulemaking. In addition, technical support documents 
(TSDs) for this proposal are available online at www.regulations.gov, 
Docket No. EPA-R03-OAR-2010-0391. These TSDs provide additional 
explanation on EPA's analysis supporting this proposal.

II. What is the background of EPA's proposed action?

A. Designation History

    On July 18, 1997 (62 FR 36852), EPA established the 1997 
PM2.5 NAAQS, including an annual standard of 15.0 micrograms 
per cubic meter ([micro]g/m\3\) based on a 3-year average of annual 
mean PM2.5 concentrations and a 24-hour (or daily) standard 
of 65 [micro]g/m\3\ based on a 3-year average of the 98th percentile of 
24-hour concentrations. EPA established these standards based on 
significant evidence and numerous health studies demonstrating that 
serious health effects are associated with exposures to 
PM2.5.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. In 1999, EPA and State Air Quality 
Agencies initiated the monitoring process for the 1997 PM2.5 
NAAQS and by January 2001, established a complete set of air quality 
monitors. On January 5, 2005 (70 FR 944), EPA promulgated initial air 
quality designations for the 1997 PM2.5 NAAQS, which became 
effective on April 5, 2005, based on air quality monitoring data for 
calendar years 2001-2003.
    On April 14, 2005 (70 FR 19844), EPA promulgated a supplemental 
rule amending the Agency's initial designations, with the same 
effective date (April 5, 2005) as 70 FR 944. As a result of this 
supplemental rule, PM2.5 nonattainment designations are in 
effect for 39 areas, comprising 208 counties within 20 states (and the 
District of Columbia) nationwide, with a combined population of about 
88 million. The Pennsylvania portion of the Philadelphia area, which is 
the subject of this rulemaking, is included in the list of areas not 
attaining the 1997 annual PM2.5 NAAQS. The Pennsylvania 
portion of the Philadelphia area consists of the following counties: 
Bucks, Chester, Delaware, Montgomery, and Philadelphia.
    It should be noted that on November 13, 2009 (74 FR 58688), EPA 
revised the existing designation tables in 40 CFR part 81.339 to 
clarify that the 1997 designations were for both the annual 
PM2.5 NAAQS and the 24-hour PM2.5 NAAQS. The 
Pennsylvania portion of the Philadelphia area was designated 
unclassifiable/attainment for the 24-hour PM2.5 NAAQS.

B. Clean Air Fine Particle Implementation Rule

    On April 25, 2007 (72 FR 20586), EPA issued the PM2.5 
Implementation Rule for the 1997 PM2.5 NAAQS. The 
``PM2.5 Implementation Rule'' describes the CAA framework 
and requirements for developing SIPs for areas designated nonattainment 
for the 1997 PM2.5 NAAQS. An attainment plan must include a 
demonstration that a nonattainment area will meet the applicable NAAQS 
within the timeframe provided in the statute. This demonstration must 
include modeling (40 CFR 51.1007) that is performed in accordance with 
EPA modeling guidance (EPA-454/B-07-002, April 2007). It must also 
include supporting technical analyses and descriptions of all relevant 
adopted Federal, State, and local regulations and control measures that 
have been adopted in order to provide attainment of the 1997 
PM2.5 NAAQS by the proposed attainment date.
    For the 1997 PM2.5 NAAQS, an attainment plan must show 
that a nonattainment area will attain the 1997 PM2.5 NAAQS 
as expeditiously as practicable, but within five years of designation 
(i.e. attainment date of April 2010 based on air quality data for 2007 
through 2009). If the area is not expected to meet the NAAQS by April 
2010, a state may request to extend the attainment date by one to five 
years based on the severity of the nonattainment problem or the 
feasibility of implementing control measures (CAA section 172(a)(2)) in 
the specific area. For EPA to approve an extension of the attainment 
date beyond 2010, the state must provide an analysis to support the 
request and demonstrate that the attainment date is as expeditious as 
practicable for the area given the facts and circumstances of the area 
and

[[Page 67642]]

consistent with the statutory criteria for an extension.
    For each nonattainment area, the state must demonstrate that it has 
adopted all RACM, including all RACT for the appropriate emissions 
sources, needed to provide for attainment of the PM2.5 
standards in the specific nonattainment area ``as expeditiously as 
practicable.'' The PM2.5 Implementation Rule provided 
guidance for making these RACM/RACT determinations (See, Section IV.A.4 
below). Any measures that are necessary to meet these requirements that 
are not already Federally promulgated or in an EPA-approved part of the 
state's SIP must be submitted as part of a state's attainment 
demonstration. Any state measures must meet the applicable statutory 
and regulatory requirements, and in particular, must be Federally 
enforceable.
    The PM2.5 Implementation Rule also included guidance on 
pollutants that states must address in their attainment plans. The CAA 
(section 302(g)) authorizes EPA to regulate criteria pollutants and 
their precursors. In the case of PM2.5, the main chemical 
precursors are sulfur dioxide (SO2), nitrogen oxides 
(NOX), ammonia (NH3), and volatile organic 
compounds (VOCs). The effect of reducing emissions of precursor 
pollutants that contribute to PM2.5 concentrations varies by 
area, however, depending on PM2.5 composition, emission 
levels, and other area-specific factors. For this reason, the 
PM2.5 Implementation Rule provided guidance recommending 
that states elect direct PM2.5 emissions and the precursor 
that would be most effective for attaining the NAAQS within the 
specific area, based upon an appropriate technical demonstration.
    In accordance with the PM2.5 Implementation Rule, direct 
PM2.5 emissions means ``solid particles emitted directly 
from an air emissions source or activity, or gaseous emissions or 
liquid droplets from an air emissions source or activity which condense 
to form particulate matter at ambient temperatures. Direct 
PM2.5 emissions include elemental carbon, directly emitted 
organic carbon (OC), directly emitted sulfate (SO4), 
directly emitted nitrate (NO3), and other inorganic 
particles (including but not limited to crustal material, metals, and 
sea salt).''
    The PM2.5 Implementation Rule requires all states to 
address SO2 as a PM2.5 attainment plan precursor 
and to evaluate SO2 for possible control measures in all 
PM2.5 nonattainment areas. States are required to address 
NOX as a PM2.5 attainment plan precursor and 
evaluate reasonable controls for NOX in all PM2.5 
attainment plans, unless the state and EPA make a finding that 
NOX emissions from sources in the state do not significantly 
contribute to PM2.5 concentrations in the relevant 
nonattainment area.
    Although current scientific information shows that certain VOC 
emissions are precursors to the formation of secondary organic aerosol, 
and significant progress has been made in understanding the role of 
gaseous organic material in the formation of organic particular matter 
(PM), this relationship remains complex. Further research and technical 
tools are needed to better characterize emissions inventories for 
specific VOC compounds and to determine the extent of the contribution 
of specific VOC compounds to organic PM mass. Because of these factors, 
the PM2.5 Implementation Rule did not require states to 
address VOCs as PM2.5 attainment plan precursors and 
evaluate them for control measures, unless the state or EPA makes a 
finding that VOCs significantly contribute to a PM2.5 
nonattainment problem in the specific area or to other downwind air 
quality concerns.
    The PM2.5 Implementation Rule also describes the 
formation of particles related to NH3 emissions, which is a 
complex, nonlinear process. Though recent studies have improved our 
understanding of the role of NH3 in aerosol formation, 
ongoing research is needed to better describe the relationships between 
NH3 emissions, PM concentrations, and related impacts. Also, 
area-specific data is needed to evaluate the effectiveness of reducing 
NH3 emissions on reducing PM2.5 concentrations in 
different areas, and to determine where NH3 decreases may 
increase the acidity of particles and precipitation. For these reasons, 
in the PM2.5 Implementation Rule, NH3 is presumed 
not to be a PM2.5 attainment plan precursor, meaning that 
the state is not required to address NH3 in its attainment 
plan or evaluate sources of NH3 emissions for reduction 
measures, unless the state or EPA makes a finding that NH3 
significantly contributes to a PM2.5 nonattainment problem 
in the area or to other downwind air quality concerns.
    The presumptive inclusion of NOX, and the presumptive 
exclusion of VOC and NH3 as attainment plan precursors can 
be reversed based on an acceptable technical demonstration for a 
particular nonattainment area by the state or EPA. Such a demonstration 
should include information from multiple sources, including results of 
speciation data analyses, air quality modeling studies, chemical tracer 
studies, emission inventories, or special intensive measurement studies 
to evaluate specific atmospheric chemistry in an area (See, the 
PM2.5 Implementation Rule for more information).
    The PM2.5 Implementation Rule also provided guidance for 
the other elements of a state's attainment plan, including, but not 
limited to, emission inventories, contingency measures, and MVEBs used 
for transportation conformity purposes.
    There are, however, three aspects of the PM2.5 
Implementation Rule for which EPA received petitions requesting 
reconsideration. These pertain to the presumption or advance 
determination that compliance with the requirements of the Clean Air 
Interstate Rule (CAIR) automatically satisfies the requirements for 
RACT or RACM for NOX or SO2 emissions from 
electric generating unit (EGU) sources participating in regional cap 
and trade programs; the suggestion in the preamble that the economic 
feasibility element of a RACT determination for EGUs should include 
consideration of whether the cost of a measure is reasonable in light 
of the benefits; and the policy described in the preamble of allowing 
certain emissions reductions from outside the nonattainment area to be 
credited as meeting the RFP requirement. EPA is granting these 
petitions and intends to undertake rulemaking to change these aspects 
of the PM2.5 Implementation Rule. The attainment plan for 
the Pennsylvania portion of the Philadelphia area did not rely on any 
of these aspects of the rule.

C. Attaining Data Determination and Finding of Attainment

    The data in Table 1 indicates that the Pennsylvania portion of the 
Philadelphia area is meeting the 1997 annual PM2.5 NAAQS. In 
addition, Table 2 shows that the Philadelphia area continues to attain 
the 1997 annual PM2.5 NAAQS by 2010. More detailed 
information can be found in the TSD entitled, ``Technical Support 
Document for the Modeling Portion of the Commonwealth of Pennsylvania's 
Fine Particulate Matter State Implementation Plan,'' dated October 11, 
2011, available on line at www.regulations.gov, Docket No. EPA-R03-OAR-
2010-0391. However, this action does not determine that the 
Pennsylvania portion of the Philadelphia area has attained the 1997 
annual PM2.5 NAAQS and the information is included here only 
to support Pennsylvania's demonstration that the Pennsylvania portion 
of the Philadelphia area could meet the attainment date of April 5, 
2010, and

[[Page 67643]]

continues to attain based on the most recent data available. EPA plans 
to take action to formally determine the Pennsylvania portion of the 
Philadelphia area's attainment of the 1997 annual PM2.5 
NAAQS in a separate action.

                                Table 1--2009 Annual Averaged PM2.5 Design Value
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                                                                                                   Design value
                    County                                  Site name                Site No.      ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Bucks.........................................  Bristol.........................       420170012            12.1
Chester.......................................  New Garden......................       420290100            12.4
Delaware......................................  Chester.........................       420450002            13.3
Montgomery....................................  Norristown......................       420910013            11.3
Philadelphia..................................  AMS Lab.........................       421010004            12.9
Philadelphia..................................  NE Airport......................       421010024            11.9
Philadelphia..................................  Broad Street....................       421010047            13.5
Philadelphia..................................  Elmwood.........................       421010136            12.7
----------------------------------------------------------------------------------------------------------------


                                Table 2--2008-2010 Monitored Annual Design Values
----------------------------------------------------------------------------------------------------------------
                                                                             Design value ([mu]g/m\3\)
            County                  Site name        Site No.    -----------------------------------------------
                                                                       2008            2009            2010
----------------------------------------------------------------------------------------------------------------
Bucks.........................  Bristol.........       420170012            12.6            12.2            11.3
Chester.......................  New Garden......       420290100            13.4            13.9            13.8
Delaware......................  Chester.........       420450002            14.1            13.7            13.1
Montgomery....................  Norristown......       420910013            12.3            11.7            10.5
Philadelphia..................  AMS Lab.........       421010004            13.4            12.5            11.5
Philadelphia..................  NE Airport......       421010024            12.4            11.5            10.5
Philadelphia..................  Broad Street....       421010047            14.5            13.0            11.9
Philadelphia..................  Elmwood.........       421010136            13.2            13.3  ..............
----------------------------------------------------------------------------------------------------------------

III. What is included in the Pennsylvania attainment plan?

    In accordance with section 172(c) of the CAA and the 
PM2.5 Implementation Rule, the attainment plan submitted on 
April 12, 2010 by PADEP for the Pennsylvania portion of the 
Philadelphia area included: (1) An emissions inventory for the plan's 
base year (2002); (2) an attainment demonstration; and (3) MVEBs for 
the attainment year. The attainment demonstration includes: (a) 
Technical analyses that locate, identify, and quantify sources of 
emissions contributing to violations of the 1997 annual 
PM2.5 NAAQS; (b) analyses of future year emissions 
reductions and air quality improvements expected to result from 
national and local programs from new measures to meet RACM/RACT; (c) 
adopted emission reduction measures with schedules for implementation; 
and (d) contingency measures for NOX and SO2 to 
be implemented if the area did not meet RFP or did not attain the 
standard by the attainment date.
    To analyze future year emissions reductions and air quality 
improvements, Pennsylvania used local, regional, and national modeling 
analyses that have been developed to support Federal and local emission 
reduction programs. This modeling was performed in accordance with 
EPA's ``Guidance on the Use of Models and Other Analyses for 
Determining Attainment of Air Quality Goals for Ozone, 
PM2.5, and Regional Haze'' (EPA-454/B-07-002, April 2007).

IV. What is EPA's analysis of the Pennsylvania attainment plan 
submittal?

A. Attainment Demonstration

1. Pollutants Addressed
    In accordance with policies described in the PM2.5 
Implementation Rule, Pennsylvania's PM2.5 attainment plan 
evaluates emissions of direct PM2.5, SO2, and 
NOX in the Pennsylvania portion of the Philadelphia area. 
Because of uncertainties regarding NH3 emission inventories 
and the efficacy of ammonia control technologies as noted earlier in 
this notice, the final rule sets forth the presumption that 
NH3 is not a PM2.5 precursor and that the states 
are not required to address NH3 in their attainment plan. 
Similarly, VOC emissions are presumed not to be an attainment plan 
precursor because of uncertainties regarding the role of VOC in 
secondary organic aerosol formation. Pennsylvania's attainment plan 
does not reverse this presumption.
2. Emissions Inventory Requirements
    States are required under section 172(c)(3) of the CAA to develop 
emissions inventories of point, area, onroad mobile, and nonroad mobile 
sources for their attainment demonstrations. These inventories provide 
a detailed accounting of all emissions and emission sources by 
precursor or pollutant. In addition, inventories are used to model air 
quality to demonstrate that attainment of the 1997 PM2.5 
NAAQS as expeditiously as practicable, and if an attainment extension 
beyond 2010 is needed to support the need for such an extension. 
Emissions inventory guidance was provided in the April 1999 document 
``Emissions Inventory Guidance for Implementation of Ozone and 
Particulate Matter NAAQS and Regional Haze Regulations'' (EPA-454/R-99-
006), which was updated in November 2005 (EPA-454/R-05-001). Emissions 
reporting requirements were provided in the 2002 Consolidated Emissions 
Reporting Rule (CERR) (67 FR 39602). On December 17, 2008 (73 FR 
76539), EPA promulgated the Air Emissions Reporting Requirements (AERR) 
to update emissions reporting requirements in the CERR, and to 
harmonize, consolidate and simplify data reporting by states.
    In accordance with the AERR and the November 2005 guidance, the 
PM2.5 Implementation Rule required states to submit 
inventory information on directly emitted PM2.5 and 
PM2.5 precursors and any additional inventory

[[Page 67644]]

information needed to support an attainment demonstration.
    The SIP base year inventory is the primary inventory from which 
other inventories (3-year cycle inventories, RFP inventories, modeling 
inventories) are derived. The CAA calls for state, local, and tribal 
agencies to ensure that the base year inventory is comprehensive, 
accurate, and current for all actual emissions (EPA-454/R-05-001). The 
base year inventory includes emissions estimates from stationary point 
and nonpoint sources, onroad mobile sources, and nonroad mobile 
sources. For the PM2.5 NAAQS, the pollutants to be 
inventoried are primary emissions (including condensables) of 
PM10 and PM2.5, and emissions of SO2, 
NH3, VOC, and NOX, and are reported as actual 
annual weekday emissions. The State Air Agencies defined 2002 as the 
base year inventory. The pollutants inventoried for the Pennsylvania 
portion of Philadelphia area included PM10, 
PM2.5, SO2, NH3, VOC, and 
NOX. Information on the manmade sources of direct PM and its 
potential precursors, SO2, NH3, VOC, and 
NOX was compiled for:
    Stationary sources (or point sources), which are sources for which 
PADEP collects individual emissions-related information, generally 
represent major stationary sources but may be smaller. The point source 
data for 2002 is derived from the Air Information Management System/
environment, Facility, Application, Compliance Tracking System (AIMS/
eFACTS). The AIMS/eFACTS database is comprised of sources identified 
and inventoried by PADEP's regional and central offices through 
permitting, field inspections, and surveys.
    Area sources, which are industrial, commercial, and residential 
sources too small or too numerous to be handled individually, include, 
but are not limited, to commercial and residential open burning, 
architectural and industrial maintenance coatings applications and 
clean-up, consumer product use, and vehicle refueling at service 
stations. Where there is overlap between stationary point sources and 
stationary area sources, the area source values are adjusted to remove 
any double counting. PADEP's inventory contained estimations of 
emissions by multiplying an emission factor by an indicator or activity 
level for each category at the county level. These emissions are 
calculated on an annual basis since the activity data are generally 
available on an annual basis. Area source estimates were provided by 
source classification code (SCC).
    Highway vehicles, which include passenger cars and light-duty 
trucks, other trucks, buses, and motorcycles, are onroad mobile source 
emissions inventory that was developed using the most current version 
of EPA's highway mobile source emissions model MOBILE6.2. PADEP also 
used PPSUITE, an enhanced version of the Post Processor for Air Quality 
software systems used for previous inventory submissions in 
Pennsylvania. The Pennsylvania Department of Transportation (PennDOT) 
provided estimates of vehicles miles traveled (VMT) by vehicle type and 
roadway type. PADEP provided sample MOBILE6.2 input files and estimates 
for review.
    Nonroad sources, which encompass a diverse collection of engines, 
including, but not limited to, outdoor power equipment, recreational 
vehicles, farm and construction machinery, lawn and garden equipment, 
industrial equipment, recreational marine vessels, commercial marine 
vessels, locomotives, ships, and aircraft were estimated using the EPA 
NONROAD 2005 model.
    The emissions inventory for the base year, 2002, was developed in 
accordance with EPA guidance, ``Emissions Inventory Guidance for 
Implementation of Ozone and Particulate Matter National Ambient Air 
Quality Standards and Regional Haze Regulations, EPA-454/R-05-001, 
August 2005, updated November 2005.'' Table 3 summarizes the emissions 
for 2002.

                                                             Table 3--2002 Annual Emissions
                                                                     [Tons per year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Philadelphia area 2002                        PM2.5           PM10             SO2             NOx             VOC             NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stationary Point Sources................................            2139            3430           23745           22124            8183             256
Area Sources............................................           10020           55224           13153           13029           59227            4821
Highway Vehicle Sources.................................            1033            1492            1920           63476           33974            2614
Nonroad Sources.........................................            1535            1611            1640           21619           21589              14
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           14727           61758           40459          120248          122973            7705
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The review and evaluation of the methods used for the emissions 
inventory submitted by Pennsylvania are found in the attainment plan 
submittal (section III) and a TSD entitled ``Technical Support Document 
for the Pennsylvania portion of the Philadelphia-Wilmington, PA-NJ-DE 
PM2.5 Noanattainment Area: State Implementation Plan 
Attainment Demonstration and Base Year Inventory,'' dated October 11, 
2011, available on line at www.regulations.gov, Docket No. EPA-R03-OAR-
2010-0391. EPA is proposing to approve the 2002 base year emissions 
inventory for the Pennsylvania portion of the Philadelphia area as 
meeting the requirements of section 172(c)(3) of the CAA.
    PM2.5 is comprised of filterable and condensable 
emissions. Condensable particulate matter (CPM) can comprise a 
significant percentage of direct PM2.5 emissions from 
certain sources, and are required to be included in national emission 
inventories based on emission factors. Test Methods 201A and 202 are 
available for source-specific measurement of condensable emissions. 
However, the PM2.5 Implementation Rule acknowledged that 
there were issues and concerns related to availability and 
implementation of these test methods as well as uncertainties in 
existing data for condensable PM2.5. In recognition of these 
concerns, EPA established a transition period during which EPA could 
assess possible revisions to available test methods and to allow time 
for states to update emissions inventories as needed to address direct 
PM2.5, including condensable emissions. Because of the time 
required for this assessment, EPA recognized that states would be 
limited in how to effectively address CPM emissions, and established a 
period of transition, up to January 1, 2011, during which state 
submissions for PM2.5 were not required to address CPM 
emissions. Amendments to these test methods were proposed on March 25, 
2009 (74 FR 12969), and finalized on December 21,

[[Page 67645]]

2010 (75 FR 80118). The amendments to Method 201A added a particle-
sizing device for PM2.5 sampling, and the amendments to 
Method 202 revised the sample collection and recovery procedures of the 
method to reduce the formation of reaction artifacts that could lead to 
inaccurate measurements of CPM emissions.
    The period of transition for establishing emissions limits for 
condensable direct PM2.5 ended on January 1, 2011. 
PM2.5 submissions made during the transition period are not 
required to address CPM emissions; however, states must address the 
control of direct PM2.5 emissions, including condensable 
emissions, with any new action taken after this January 1, 2011. 
Pennsylvania submitted the Pennsylvania portion of the Philadelphia 
area attainment plan prior to January 1, 2011 and did not consider 
condensables.
    In July 2008, EarthJustice filed a petition requesting 
reconsideration of EPA's transition period for CPM emissions provided 
in the PM2.5 Implementation Rule. In January 2009, EPA 
decided to allow states that have not previously addressed CPM to 
continue to exclude CPM for Prevention of Significant Deterioration 
(PSD) permitting during the transition period. Today's action reflects 
a review of Pennsylvania's submittal based on current EPA guidance as 
described in the PM2.5 Implementation Rule.
3. Modeling
    All attainment demonstrations must include modeling that is 
performed in accordance with EPA's ``Guidance on the Use of Models and 
Other Analyses for Demonstrating Attainment of Air Quality Goals for 
Ozone, PM2.5, and Regional Haze'' (EPA-454/B-07-002, April 
2007). Modeling may be based on national (e.g., EPA), regional (e.g., 
Ozone Transport Commission), local modeling, or a combination thereof, 
if appropriate. A brief description of modeling used to support 
Pennsylvania's attainment demonstration follows. More detailed 
information can be found in the TSD entitled, ``Technical Support 
Document for the Modeling Portion of the Commonwealth of Pennsylvania's 
Fine Particulate Matter State Implementation Plan,'' dated October 11, 
2011, available on line at www.regulations.gov, Docket number EPA-R03-
OAR-2011-0391. The Philadelphia area's attainment plan addressed the 
following components of a modeled attainment demonstration.
a. Conceptual Description of the Problem
    A conceptual model describes how weather patterns affect the 
formation and transport of PM2.5, accounting for emissions 
and photochemistry. A conceptual model for the Philadelphia area's 
attainment plan is described in a document prepared by the Northeast 
States for Coordinated Air Use Management (NESCAUM), ``The Nature of 
the Fine Particle and Regional Haze Air Quality Problems in the Mid-
Atlantic Northeast Visibility Union (MANE-VU) Region: A Conceptual 
Description (NESCAUM), November 2006,'' for use by the Ozone Transport 
Commission (OTC) member states which provides the conceptual 
description of PM2.5 issues in the OTC states and is 
consistent with EPA's guidance.
b. The Model Used in the Attainment Demonstration
    By agreement of OTC, the New York State Department of Environmental 
Conservation (NYSDEC) ran the Community Multi-scale Air Quality Model 
(CMAQ) for the states in the northeast ozone transport region that 
includes Pennsylvania. EPA agrees CMAQ is appropriate for this modeling 
demonstration. The inputs of the model are described in section V of 
the attainment plan submittal.
c. Meteorological Time Periods Used in the Modeling
    Since the Philadelphia area's attainment demonstration used a 
resource intensive photochemical grid model, EPA accepts the use of 
single, recent representative year to be used for an annual simulation. 
Two factors were used in selecting 2002 as the representative year. The 
observed annual mean concentrations of PM2.5 are close to 
the 3-year observed design value at all, or most monitoring sites, and 
the pattern of quarterly mean values is similar to the pattern of 
quarterly mean concentrations averaged over 3 years.
d. Meteorological Data Used in the Air Quality Model
    The OTC modeling committee decided to use a prognostic 
meteorological model that provides life-like meteorological inputs to 
the photochemical grid model. The Pennsylvania State University/
National Center for Atmospheric Research Mesoscale Meteorological Model 
(MM5) version 3.6 was chosen for the modeling analysis. The MM5 model 
provides a reasonable representation of weather conditions at the 
surface and aloft.
e. Domain of the Model, Horizontal/Vertical Resolution and the Initial 
and Boundary Conditions
    The modeling domain extends from Maine to Florida and out in the 
Atlantic Ocean on the east and west to the Mississippi River. The size 
of the modeling domain was made large enough to include all emission 
sources that affect PM2.5 concentration in the northeastern 
United States. Even this boundary is defined by a larger photochemical 
modeling domain that covers much of North America. Over the 
northeastern United States, the model used 12 kilometer grid cells. The 
Pennsylvania portion of the Philadelphia area is included in the 12 
kilometer grid cell area. The OTC Modeling Committee used a 12-
kilometer grid size for the areas in and near its states to provide a 
fine enough grid resolution to adequately capture the PM patterns 
experienced in the ozone transport region (OTR). Outside the local 
areas the grid resolution used in the modeling is 36 kilometers. The 
selection of model domains and horizontal grid resolution was deemed 
acceptable to EPA.
    Vertical resolution is the number of layers and the size of each 
layer in the model. The layers in the photochemical grid model were set 
up to be compatible with the model that produced weather conditions for 
the photochemical grid model. The vertical resolution used in the 
modeling exercise followed EPA's modeling guidance and therefore 
adequately represents the atmosphere where PM2.5 is emitted, 
forms and is transported.
f. Emissions Used in the Air Quality Model
    The emissions data for 2002 were generated by individual states 
within the OTR and assembled and processed through Mid-Atlantic 
Northeast Visibility Union (MANE-VU), a Regional Planning Organization 
(RPO). These emissions were then processed by NYSDEC using the sparse 
matrix operator kernel emissions (SMOKE) emissions processor to provide 
CMAQ compatible inputs. The 2002 emissions for the non-OTR areas within 
the modeling domain were obtained from the corresponding RPOs and were 
processed using SMOKE, in manner similar to that of the OTR emissions. 
The OTR states, through MANE-VU, contracted MACTEC Federal Programs 
(called Contractor) to develop 2009, 2012 and 2018 inventories based on 
2002 inventories that the states had previously developed for the base-
year model work. The Contractor, in

[[Page 67646]]

consultation with the states, developed the necessary growth and 
control factors and applied to the 2002 inventory.
g. Base Case Run Model Performance Evaluation
    NYSDEC performed a model evaluation for the OTC to determine how 
well CMAQ reproduced the 2002 PM2.5 concentrations. CMAQ was 
employed to simulate PM2.5 for the calendar year 2002. A 
review of PM2.5 and its individual species was conducted for 
the study domain. Several observations were made with respect to model 
performance: (1) Approximately 80-90 percent of organic mass (OM) is in 
the primary fraction; (2) CMAQ captures seasonal variation in 
SO4 well; (3) CMAQ appears to overestimate primary 
PM2.5 components, especially during colder months; and (4) 
CMAQ appears to underestimate secondary OM during the summer.
    These issues are not of great regulatory concern since attainment 
tests are based on the application of relative response factors. 
Therefore, the regional and local model performance is acceptable for 
PM2.5. While there are some differences between the spatial 
data between sub-regions, there is nothing to suggest a tendency for 
the model to respond in a systematically different manner between 
regions. Examination of the statistical metrics by sub-region confirms 
the absence of significant performance problems arising in one area but 
not in another, building confidence that the CMAQ modeling system is 
operating consistently across the full OTC domain. This confidence in 
the modeling results allows for the modeling system to be used to 
support the attainment plan to meet the 1997 annual PM2.5 
NAAQS.
h. 2009 Control Case Modeling and Modeled Attainment Test
    As previously mentioned, the Pennsylvania portion of the 
Philadelphia area has an attainment date of April 5, 2010. The 
PM2.5 NAAQS include an annual standard of 15 [mu]g/m\3\ 
based on the 3-year average of annual mean PM2.5 
concentrations. The purpose of a modeling assessment is to determine if 
control strategies currently being implemented (``on the books'') will 
lead to attainment of the annual average NAAQS for PM2.5 by 
2009. The modeling is applied in a relative sense, similar to the 8-
hour ozone attainment test. However, the PM2.5 attainment 
test is more complicated and reflects the fact that PM2.5 is 
a mixture. In the test, ambient PM2.5 is divided into major 
components, with a separate relative response factor (RRF) and Future 
Design Value (FDV) calculated for each of the PM2.5 
components. Since the attainment test is calculated on a per species 
basis, the attainment test for PM2.5 is referred to as the 
Speciated Modeled Attainment Test (SMAT).
    Table 4 presents the results of the annual SMAT results for the 
Philadelphia area. The SMAT results demonstrate that the projected 
average annual arithmetic mean PM2.5 concentration 
calculated at each Federal Reference Method (FRM) monitor attains the 
annual PM2.5 NAAQS. Specifically, all calculations are less 
than15 [mu]g/m\3\. Table 4 presents the results of the annual SMAT 
results for a suite of regional modeling runs conducted by OTC each 
representing OTB/OTW--``On the Books, On the Way'' control measures. 
All runs demonstrate compliance with the annual PM2.5 NAAQS.

          Table 4--Annual SMAT Results for Philadelphia-Wilmington, PA-NJ-DE PM2.5 Nonattainment Area On-The-Books-On-The-Way Control Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   2000-2004 Baseline design value               2009
         AIRS ID                 Site name              County              State       ----------------------------------------------------------------
                                                                                              Q1           Q2           Q3           Q4          DVF
--------------------------------------------------------------------------------------------------------------------------------------------------------
420170012................  Bristol.............  Bucks..............  PA...............        14.14        13.69        14.73        13.85         12.1
420290100................  New Garden..........  Chester............  PA...............        14.39        14.73        16.36        13.76         12.4
420450002................  Chester.............  Delaware...........  PA...............        15.07        15.96        16.34        13.74         13.3
420910013................  Norristown..........  Montgomery.........  PA...............        12.68        13.62        13.96        12.34         11.3
421010004................  AMS Lab.............  Philadelphia.......  PA...............        15.99        14.01        15.95        13.82         12.9
421010024................  NE Airport..........  Philadelphia.......  PA...............        13.58        13.63        14.95        12.96         11.9
421010047................  Broad Street........  Philadelphia.......  PA...............        16.59        16.45        15.80        15.37         13.5
421010136................  Elmwood.............  Philadelphia.......  PA...............        15.70        14.20        15.27        12.99         12.7
100031003................  Bellefonte..........  New Castle.........  DE...............        14.87        15.16        15.50        13.13         12.6
100031007................  Lums Pond...........  New Castle.........  DE...............        13.16        14.37        16.05        10.66         11.3
100031012................  Newark..............  New Castle.........  DE...............        15.27        14.91        16.53        13.14         12.6
100032004................  MLK.................  New Castle.........  DE...............        16.41        15.40        17.61        14.04         13.3
340070003................  Camden..............  Camden.............  NJ...............        13.99        14.54        15.76        12.47         12.3
340071007................  Pennsauken..........  Camden.............  NJ...............        13.99        14.00        14.75        13.59         12.3
340155001................  Gibbstown...........  Gloucester.........  NJ...............        13.92        13.43        15.08        11.39         11.7
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In summary, the basic photochemical grid modeling, presented in the 
Philadelphia area attainment plan, used the methods recommended in 
EPA's modeling guidance. When EPA's attainment test is applied to the 
modeling results, the 2009 annual-average PM2.5 design value 
is predicted to be 13.5[mu]g/m\3\ in the Philadelphia area. Therefore, 
based on EPA's modeled attainment test, the Pennsylvania portion of the 
Philadelphia area reached attainment of the annual average 
PM2.5 standard in 2009 before the attainment date of April 
5, 2010.
i. Supplemental Analyses and Weight of Evidence (WOE) Determination
    EPA's modeling guidance states that additional analyses are 
recommended to determine if attainment will be likely, even if the 
modeled attainment test is ``passed.'' The guidance recommends 
supplementary analyses in all cases. EPA's modeling guidance describes 
how to use a photochemical grid model and additional analytical methods 
to complete a WOE analysis to estimate if emissions control strategies 
will lead to attainment. A WOE analysis is a supporting analysis that 
helps to determine if the results of the photochemical modeling system 
are correctly (or not correctly) predicting future air quality.
    All models, including the CMAQ model have inherent uncertainties. 
Over or under prediction may result from uncertainties associated with 
emission inventories, meteorological data, and representation of 
PM2.5 chemistry in the

[[Page 67647]]

model. Therefore, EPA modeling guidance provides for other evidence to 
address these model uncertainties so that proper assessment of the 
probability to attain the applicable standards can be made. EPA 
modeling guidance states that those modeling analyses that show that 
attainment with the NAAQS will be reached in the future with some 
margin of safety (i.e., estimated concentrations below 14.5 [mu]g/m\3\ 
for annual PM2.5 and 62 [mu]g/m\3\ for 24-hour 
PM2.5) need more limited supporting material.
    Due to the fact that the modeling results presented in Table 4 fall 
below the aforementioned ``weight of evidence'' thresholds established 
by EPA, a limited supplemental analysis was deemed necessary to support 
the 2009 attainment demonstration. PADEP's supporting evidence includes 
a brief summary of the modeling demonstration, recent trends in the 
Philadelphia area's monitoring data and a brief analysis of some of the 
largest SO2 sources within the nonattainment area.
4. Reasonably Available Control Measures/Reasonably Available Control 
Technology
a. Requirements for RACM/RACT
    CAA section 172(c)(1) requires that each attainment plan ``provide 
for the implementation of all RACM as expeditiously as practicable, 
including such reductions in emissions from the existing sources in the 
area as may be obtained through the adoption, at a minimum, of RACT, 
and shall provide for attainment of the national primary ambient air 
quality standards.'' EPA interprets RACM including RACT under section 
172 as measures that a state finds are both reasonably available and 
contribute to attainment as expeditiously as practicable in the 
nonattainment area. Thus, what constitutes RACM or RACT in a 
PM2.5 nonattainment area is closely tied to the expeditious 
attainment demonstration of the plan. See, 40 CFR 51.1010; 72 FR 20586 
at 20612.
    States are required to evaluate RACM/RACT for direct 
PM2.5 emissions and all of the area's attainment plan 
precursors. See, 40 CFR 51.1002(c); 72 FR 20586 at 20589-97. Consistent 
with the guidance provided for the PM2.5 Implementation 
Rule, a state initially must evaluate RACM/RACT for sources that emit 
direct PM2.5, SO2, and NOX. A state 
may establish with an appropriate demonstration that it should not 
regulate NOX in the specific nonattainment area, so it could 
thereby forgo evaluation of RACM/RACT for NOX. Because EPA 
concluded that VOC and NH3 are presumptively not regulatory 
precursors for PM2.5, unless the state or EPA determines 
that it is necessary to regulate them in a specific nonattainment area, 
the state is not required to evaluate RACM/RACT for sources of VOC or 
NH3 unless there is a determination supported by an 
appropriate demonstration that such emissions need to be regulated for 
expeditious attainment of the NAAQS in the specific area.
    For PM2.5 attainment plans, the PM2.5 
Implementation Rule requires a combined approach to RACM and RACT under 
subpart 1 of Part D of the CAA. Subpart 1, unlike subparts 2 and 4, 
does not identify specific source categories for which EPA must issue 
control technique documents or guidelines, or identify specific source 
categories for state and EPA evaluation during attainment plan 
development. See 72 FR 20586 at 20610. Rather, under subpart 1, EPA 
considers RACT to be part of an area's overall RACM obligation 
consistent with the section 172 definition. Because of the variable 
nature of the PM2.5 problem in different nonattainment areas 
which may require states to develop attainment plans that address 
widely disparate circumstances, EPA determined not only that states 
should have flexibility with respect to RACM/RACT controls, but also 
that in areas needing significant emission reductions, RACM/RACT 
controls on smaller sources may be necessary to reach attainment as 
expeditiously as practicable. See, 72 FR 20586 at 20612, 20615. Thus, 
under the PM2.5 Implementation Rule, RACM and RACT are those 
reasonably available measures that contribute to attainment as 
expeditiously as practicable in the specific nonattainment area. See, 
40 CFR 51.1010; 72 FR 20586 at 20612.
    Specifically, the PM2.5 Implementation Rule requires 
that attainment plans include the list of measures that a state 
considered and information sufficient to show that the state met all 
requirements for the determination of what constitutes RACM/RACT in a 
specific nonattainment area. See, 40 CFR 51.1010(a). In addition, the 
PM2.5 Implementation Rule requires that the state, in 
determining whether a particular emissions reduction measure or set of 
measures must be adopted as RACM/RACT, consider the cumulative impact 
of implementing the available measures and to adopt as RACM/RACT any 
potential measures that are reasonably available considering 
technological and economic feasibility if, considered collectively, 
they would advance the attainment date by one year or more. If a 
measure or measures is not necessary for expeditious attainment of the 
NAAQS in the area, then by definition that measure is not RACM/RACT for 
purposes of the 1997 PM2.5 NAAQS in that area. Any measures 
that are necessary to meet these requirements which are not already 
either Federally promulgated, part of the state's SIP, or otherwise 
creditable in SIPs must be submitted in enforceable form as part of a 
state's attainment plan for the area. See, 72 FR 20586 at 20614.
    Guidance provided in the PM2.5 Implementation Rule for 
evaluating RACM/RACT level controls for an area also indicated that 
there could be flexibility with respect to those areas that were 
predicted to attain the 1997 PM2.5 NAAQS within five years 
of designation as a result of existing national or local measures. See, 
72 FR 20586 at 20612. In such circumstances, EPA indicated that the 
state may conduct a more limited RACM/RACT analysis that does not 
involve additional air quality modeling. Moreover, the RACM/RACT 
analysis for such area would focus on a review of reasonably available 
measures, the estimation of potential emissions reductions, and the 
evaluation of the time needed to implement the measures. Thus, the 
PM2.5 Implementation Rule guidance recommended that not all 
areas would need to conduct as rigorous an analysis, and suggested that 
a less rigorous analysis would be needed for those areas expected to 
attain within the initial five years from designation as a 
nonattainment area for the 1997 PM2.5 NAAQS. A more 
comprehensive discussion of the RACM/RACT requirement for 
PM2.5 attainment plans and EPA's guidance for it can be 
found in the PM2.5 Implementation Rule preamble. See, 72 FR 
20586 at 20609-20633.
b. Pennsylvania's Analysis of Pollutants and Sources Pennsylvania 
Portion of the Philadelphia Area
    Based upon the emissions inventory for the area, Pennsylvania 
determined that it would be appropriate to evaluate sources of 
PM2.5, SO2, and NOX located in the 
nonattainment area for potential control as RACM/RACT. Pennsylvania did 
not determine that controls of sources of VOC or NH3 would 
be necessary for expeditious attainment of the NAAQS in this area, nor 
does EPA believe that there is a need to do so.
    After evaluating which pollutants should be addressed in the 
attainment plan, Pennsylvania identified all source categories of those 
emissions located within the nonattainment area to

[[Page 67648]]

determine available controls that could bring the area into attainment 
as expeditiously as possible. See, section IV.B of the attainment plan 
submittal. Based on the emissions inventory and other information, 
Pennsylvania identified the following source categories as sources that 
should be evaluated for controls: Consumer products; portable fuel 
containers; adhesives and sealants application; diesel engine chip 
reflash; cutback and emulsified asphalt paving; cement kilns; glass 
furnaces; industrial, commercial, and institutional (ICI) boilers; 
regional fuels; and electric generating units (EGUs).
    The attainment plan submittal contains the Ozone Transport 
Commission (OTC) report entitled, ``Identification and Evaluation of 
Candidate Control Measures, Final Technical Support Document (MACTEC, 
February 2007).'' This final report contains detailed information about 
the process and includes tables summarizing the emission reduction 
potential of each control measure by source category and projection 
year. Pennsylvania also participated in an assessment of control 
measures for pollutants and sources affecting visibility though the 
MANE-VU regional haze process. MANE-VU developed a list of control 
measures for consideration and analysis: coal and oil-fired EGUs; point 
and area source industrial, commercial, and institutional boilers; 
cement kilns; lime kilns; the use of heating oil; and residential wood 
combustion and open burning.
    The attainment plan submittal, contains the final report entitled, 
``Assessment of Reasonable Progress for Regional Haze in MANE-VU Class 
I Areas (MACTEC, July 2000),'' from the MANE-VU control measure 
assessment project. This report presents the results of an analysis of 
the economic and environmental impacts of the potential scenarios that 
could be implemented by MANE-VU states to reduce emissions from 
selected source categories in order to make reasonable progress toward 
meeting visibility improvement goals.
    In accordance with 40 CFR 51.1010, a SIP revision for a 
PM2.5 nonattainment area is required to demonstrate that all 
RACM, including RACT stationary sources necessary to demonstrate 
attainment as expeditiously as practicable have been adopted. The 
cumulative impact of implementing available measures must be considered 
in determining whether a particular emission reduction measure or set 
of measures is required to be adopted as RACM. Potential measures that 
are reasonably available considering technical and economic feasibility 
must be adopted as RACM if, considered collectively, they would advance 
the attainment date by one year or more. Since the Pennsylvania portion 
of the Philadelphia area attained at the end of 2009, any RACM measures 
need to be in effect in 2008. PADEP determined that there are no 
additional control measures that could be adopted by January 1, 2008. 
In addition, existing measures and measures planned for implementation 
by 2009, enabled the Philadelphia area to attain the 1997 
PM2.5 NAAQS. Therefore, no further actions on RACM or RACT 
are warranted.
c. Pennsylvania's Evaluation of RACM/RACT Control Measures for the 
Pennsylvania Portion of the Philadelphia Area
    In accordance with section 172 of the CAA, the Pennsylvania portion 
of the Philadelphia area has adopted all RACM, including RACT, needed 
to attain the standards ``as expeditiously as practicable.'' 
Pennsylvania's demonstration for attaining the 1997 PM2.5 
NAAQS in the Pennsylvania portion of the Philadelphia area is based on 
the following enforceable measures: Small sources of NOX, 
cement kilns and large stationary internal combustion engines; new 
source review programs; Federal standards for hazardous air pollutants; 
source surveillance; Federal Motor Vehicle Control Programs and 
Pennsylvania Clean Vehicle Program for passenger vehicles and light-
duty trucks and cleaner gasoline; reformulated gasoline; heavy-duty 
diesel control programs; vehicle emission inspection/maintenance 
program; low sulfur gasoline; diesel vehicle idling restrictions; and 
nonroad sources regulations.
    Although VOC is not a regulated PM2.5 precursor for the 
Philadelphia area, VOC control measures approved by EPA were included 
in the modeling associated with this attainment plan: Portable fuel 
containers (December 8, 2004, 69 FR 70893); consumer products (December 
8, 2004, 69 FR 70895); and architectural and industrial maintenance 
(AIM) coatings (November 23, 2004, 69 FR 69080).
d. Proposed Action on RACM/RACT Demonstration and Control Strategy
    EPA is proposing to approve Pennsylvania's evaluation of RACM/RACT 
control measures for the Pennsylvania portion of the Philadelphia area. 
As noted above, the most current monitoring data for this area 
indicates that it is attaining the 1997 PM2.5 NAAQS. EPA's 
guidance for the PM2.5 Implementation Rule recommended that 
if an area was predicted through the attainment plan to attain the 
standard within five years after designation, then the state could 
submit a more limited RACM/RACT analysis and the state could elect not 
to do additional modeling.
    In light of the fact that the Pennsylvania portion of the 
Philadelphia area is now attaining the standards, EPA proposes to 
conclude that the attainment plan meets the RACM/RACT requirements of 
the PM2.5 Implementation Rule, and that the level of control 
in the State's attainment plan constitutes RACM/RACT for purposes of 
the 1997 PM2.5 NAAQS. Because the PM2.5 
Implementation Rule defines RACM/RACT as that level of control that is 
necessary to bring the area into attainment, the current level of 
Federally enforceable controls on sources located within the area is by 
definition RACM/RACT for this area for this purpose.
5. Reasonable Further Progress
    Section 172(c)(2) of the CAA requires that attainment plans include 
RFP to achieve steady progress toward meeting air quality standards by 
showing generally linear progress toward attainment. The 
PM2.5 Implementation Rule set forth that an area that 
demonstrates attainment by 2010 will be considered to have satisfied 
the RFP requirement and need not submit any additional material to 
satisfy the RFP requirement. The EPA views the attainment demonstration 
as also demonstrating that the area is making reasonable further 
progress toward attainment. A state is required to submit a separate 
RFP plan for any area for which the state seeks an extension of the 
attainment date beyond 2010. The RFP plan is required to provide 
emission reductions such that emissions in 2009 represent generally 
linear progress from the 2002 baseline year to the attainment year. The 
Pennsylvania portion of the Philadelphia area attained by 2010, and has 
therefore met the RFP requirements.
6. Contingency Measures
    In accordance with section 172(c)(9) of the CAA, the 
PM2.5 Implementation Rule requires that PM2.5 
attainment demonstrations include contingency measures. These measures 
must be fully adopted and should contain trigger mechanisms and an 
implementation schedule. In addition, they should be measures not 
already included in the SIP control strategy and should provide for 
emission reductions equivalent to one year of RFP. Contingency measures 
are implemented if RFP targets are not

[[Page 67649]]

achieved, or if attainment is not realized by the attainment date. 
Where an area has already achieved attainment by the attainment date, 
it has no need to rely on contingency measures to come into attainment 
or to make further progress towards attainment. However, in accordance 
with section 110(k)(2) of the CAA, EPA must take action on the 
contingency measures that were submitted by Pennsylvania. The 
attainment plan for the Pennsylvania portion of the Philadelphia area 
includes contingency measures to be implemented if the area fails to 
attain by its attainment date. The following describes the specific 
control measures that are anticipated to be in place in order to bring 
the area back into attainment should a violation occur.
    The Diesel-Powered Commercial Motor Vehicle Idling Act (Act 124) 
went into effect on February 6, 2009. PADEP estimates 50 percent of all 
long duration idling for Class 8 trucks will be eliminated in 2010 when 
the temperature exemption for sleeper truck rest expires. Statewide 
emission reductions are estimated to be 1610 tons, 45 tons and 30 tons 
per year for NOX, VOC and PM2.5, respectively. 
PADEP will also utilize enhanced enforcement to obtain additional 
emission reductions.
    Significant additional reductions in NOX, direct 
PM2.5 and SO2 emissions will occur in emissions 
from highway and nonmobile sources after 2009. In addition, 
NOX controls for cement kilns and glass furnaces were 
approved by EPA on July 19, 2011 (76 FR 42258) and August 22, 2011 (76 
FR 52283), respectively. Furthermore, PM2.5 control from the 
operation of outdoor wood-fired boilers was approved by EPA on 
September 20, 2011 (76 FR 58114). Sulfur limits for fuel oil (home 
heating oil and residential oil) are anticipated to be adopted later. 
Regulations to reduce VOC emissions are also in development, including 
controls on the manufacture and use of adhesives, primers and sealants 
and regulations incorporating the Control Technique Guidelines issued 
by EPA in 2006, 2007 and 2008.
    As required, these measures were fully adopted rules or control 
measures that were ready to be implemented quickly upon failure of the 
area to attain, were in addition to those measures otherwise relied 
upon for attainment, had trigger mechanisms and a schedule for 
implementation, and were at the level of reductions equal to at least 
one year's worth of reductions needed for attainment in the area. EPA 
finds that the measures submitted by Pennsylvania have satisfied the 
requirements for contingency purposes.
    EPA's General Preamble interprets the control measure requirements 
of sections 172(c)(9) and 182(c)(9) to allow states to implement 
measures before they are triggered (57 FR 13498, 13511). EPA has 
previously approved a number of SIPs under this interpretation (66 FR 
15844, April 3, 1997; 62 FR 66279, December 18, 1997; 66 FR 30811, June 
8, 2001; and 66 FR 586, and 66 FR 634, January 3, 2001) and the Fifth 
Circuit has upheld EPA's interpretation. Louisiana Environmental Action 
Network v. EPA, 382 F.3d 575 (Fifth Cir. 2004). It does not matter 
whether or not a specific contingency measure is already required by 
law, as long as the emissions reductions that will result from the 
contingency measure have not been relied upon in the attainment 
demonstration.
    The contingency measures in Pennsylvania's attainment demonstration 
(described above) that are already implemented and provide reductions 
in excess of those required by the attainment demonstration to attain 
the standards. The level of reductions provided is equal to at least 
one year's worth of reductions needed for attainment in the 
Pennsylvania portion of the Philadelphia area. Contingency measures are 
implemented in the event that the Philadelphia area fails to attain the 
standards by its attainment date. Although the Philadelphia area, as 
indicated above, met their attainment date of April 5, 2010, and thus 
is not required to implement contingency measures, by relying on those 
measures that were already in place, Pennsylvania effectively 
implemented their control measures in advance.
7. Attainment Date
    Pennsylvania provided a demonstration of attainment of the 1997 
PM2.5 NAAQS in the Pennsylvania portion of the Philadelphia 
area by 2010. Areas, such as this, that demonstrate attainment of the 
standard by 2010 are considered to have satisfied the requirement to 
show RFP toward attainment and need not submit a separate RFP plan. For 
similar reasons, such areas are not subject to a requirement for a mid-
course review.

B. Motor Vehicle Emissions Budgets

    Section 176(c) of the CAA requires Federal actions in nonattainment 
and maintenance areas to ``conform to'' the goals of SIPs. This means 
that such actions will not cause or contribute to violations of a 
NAAQS, worsen the severity of an existing violation, or delay timely 
attainment of any NAAQS. Actions involving Federal Highway 
Administration (FHWA) or Federal Transit Administration (FTA) funding 
or approval are subject to the transportation conformity rule (40 CFR 
part 93, subpart A). Under this rule, metropolitan planning 
organizations (MPOs) in nonattainment and maintenance areas coordinate 
with State Air Quality and Transportation Agencies, EPA, and the FHWA 
and FTA to demonstrate that their long range transportation plans and 
transportation improvement programs (TIP) conform to applicable SIPs. 
This is typically determined by showing that estimated emissions from 
existing and planned highway and transit projects are less than or 
equal to the MVEBs contained in the SIP.
    The MVEBs for the 2009 attainment year are based on the projected 
2009 on-road motor vehicle source emissions, accounting for the 
emission reductions from on-road vehicle source control measures, 
including transportation control measures and vehicle technology, fuel 
or maintenance-based measures. MVEBs for 2009 attainment year for the 
Pennsylvania portion of the Philadelphia area are 699 tons per year for 
PM2.5 direct and 36,318 tons per year for NOX. 
More detailed information can be found in the TSD entitled, ``Adequacy 
Findings for Motor Vehicle Emissions Budgets in the Attainment 
Demonstration for the Pennsylvania Portion of the Philadelphia-
Wilmington-New Jersey City 1997 PM2.5 NAAQS Nonattainment 
Area, dated October 6, 2011, available online at www.regulations.gov, 
Docket number EPA-R03-OAR-2011-0391.
    For MVEBs to be approvable, they must meet, at a minimum, EPA's 
adequacy criteria (40 CFR 93.118(e)(4)). The MVEBs for the Pennsylvania 
portion of the Philadelphia area PM2.5 attainment plan are 
being posted to EPA's conformity Web site concurrently with this 
proposed action. The public comment period will end at the same time as 
the public comment period for this proposed action. In this case, EPA 
is concurrently processing the action on the attainment plan and the 
adequacy process for the MVEBs contained therein. In this action, EPA 
is proposing to find the MVEBs adequate, and also proposing to approve 
the MVEBs as part of the attainment plan. The MVEBs cannot be used for 
transportation conformity until the attainment 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. Our action on the Pennsylvania portion of the Philadelphia area 
MVEBs will also be announced on EPA's

[[Page 67650]]

conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/index.htm, (once there, click on ``Adequacy Review of SIP Submissions).
    The budgets that Pennsylvania submitted were calculated using the 
MOBILE6.2 motor vehicle emissions model. EPA is proposing to approve 
the inventory and the conformity budgets calculated using this model 
because this model was the most current model available at the time 
Pennsylvania was performing its analysis. Separate from today's 
proposal, EPA has issued an updated motor vehicle emissions model known 
as the Motor Vehicle Emission Simulator or MOVES. In its announcement 
of this model, EPA established a grace period for continued use of 
MOBILE6.2 in transportation conformity determinations for 
transportation plans and TIPs, after which states and MPOs (other than 
California) must use MOVES for transportation plan and TIP conformity 
determinations. This grace period will expire in March 2012 (or March 
2013 once the extension becomes official).
    Additional information on the use of MOVES in SIPs and conformity 
determinations can be found in the December 2009, ``Policy Guidance on 
the Use of MOVES2010 for State Implementation Plan Development, 
Transportation Conformity, and Other Purposes.'' This guidance document 
is available at: http://www.epa.gov/otaq/models/moves/420b09046.pdf. 
During the conformity grace period, the state and MPO(s) should use the 
interagency consultation process to examine how MOVES2010a will impact 
their future transportation plan and TIP conformity determinations, 
including regional emissions analyses. For example, an increase in 
emission estimates due to the use of MOVES2010a may affect an area's 
ability to demonstrate conformity for its transportation plan and/or 
TIP. Therefore, state and local planners should carefully consider 
whether the SIP and motor vehicle emissions budget(s) should be revised 
with MOVES2010a or if transportation plans and TIPs should be revised 
before the end of the conformity grace period, since doing so may be 
necessary to ensure conformity determinations in the future.
    We would expect that states and MPOs would work closely with EPA 
and the local FHWA and FTA offices to determine an appropriate course 
of action to address this type of situation if it is expected to occur. 
If Pennsylvania chooses to revise its PM2.5 attainment plan, 
it should consult Question 7 of the December 2009, ``Policy Guidance on 
the Use of MOVES2010 for State Implementation Plan Development, 
Transportation Conformity, and Other Purposes,'' for information on 
requirements related to such revisions.

V. Proposed Action

    EPA is proposing to approve the 1997 annual PM2.5 NAAQS 
attainment plan for the Pennsylvania portion of the Philadelphia area 
that was submitted on April 12, 2010. The attainment plan includes 
Pennsylvania's attainment demonstration, the MVEBs used for 
transportation conformity purposes, an analysis of RACM/RACT, a base 
year emissions inventory, and contingency measures. EPA has determined 
that the SIP revision meets the applicable requirements of the CAA, as 
described in the PM2.5 Implementation Rule. Specifically, 
EPA has determined that the Pennsylvania SIP revision includes an 
attainment demonstration and adopted state regulations and programs 
needed to support a determination that the Pennsylvania portion of the 
Philadelphia area would have attain the 1997 annual PM2.5 
NAAQS by the April 2010 deadline. EPA is soliciting public comments on 
the issues discussed in this document. These comments will be 
considered before taking final action.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     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 CAA; 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 proposed rule, pertaining to the 1997 
PM2.5 attainment plan for the Pennsylvania portion of the 
Philadelphia area, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: October 26, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-28438 Filed 11-1-11; 8:45 am]
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