[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 19991-19994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07539]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0954; FRL-9796-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Motor Vehicle Emissions Budgets for the Pennsylvania 
Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 Fine Particulate 
Matter 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 (Pennsylvania). The 
revision consists of an update to the SIP-approved Motor Vehicle 
Emissions Budgets (MVEBs) for the Pennsylvania counties in the 
Philadelphia-Wilmington, PA-NJ-DE 1997 fine particulate matter 
(PM2.5) nonattainment area (hereafter referred to as the 
Philadelphia Area) to reflect the use of the most recent version of the 
Motor Vehicle Emission Simulator model (MOVES). The Pennsylvania 
counties impacted by this revision are: Philadelphia, Montgomery, 
Delaware, Chester, and Bucks Counties. EPA is approving this revision 
to the MVEBs and thereby making them available for transportation 
conformity purposes in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: This final rule is effective on April 3, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0954. 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: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On February 15, 2013 (78 FR 11122), EPA published a Notice of 
Proposed Rulemaking (NPR) for Pennsylvania. The NPR proposed approval 
of the MVEBs for the Philadelphia Area. On November 6, 2012, the 
Pennsylvania Department of Environmental Protection (DEP) submitted to 
EPA a draft SIP revision which updates the Philadelphia Area's MVEBs to 
reflect the use of the MOVES model. On January 29, 2013, Pennsylvania 
DEP submitted its formal, final SIP revision to update the

[[Page 19992]]

Philadelphia Area's MVEBs to reflect the use of the MOVES model.

II. Summary of SIP Revision

    The MVEBs are for PM2.5 and nitrogen oxides 
(NOX). The previously developed MVEBs for PM2.5 
and NOX for the Philadelphia Area were approved as part of 
EPA's approval of Pennsylvania's 1997 PM2.5 attainment plan 
on August 28, 2012 (77 FR 51930). The MVEBs were previously developed 
using Highway Mobile Source Emission Factor Model (MOBILE6.2) for the 
year 2009. The Philadelphia Area attainment demonstration documented 
that NOX is the only significant precursor from on-road 
sources to the formation of PM2.5 in the Philadelphia Area. 
A summary of the updated MOVES-based MVEBs and previously approved 
MOBILE6.2-based MVEBs for 2009 is provided in Table 1: Summary of 
MVEBs; the emissions for each pollutant are provided in tons per year 
(tpy). Also presented in Table 1 is a comparison between the 2002 base 
year inventory, which was produced by MOBILE6.2 and updated with MOVES, 
and the 2009 MVEBs. Even though there is an emissions increase in the 
MOVES-based MVEBs, the increase is not due to an increase in emissions 
from mobile sources. The increase is due to the fact that the MOVES 
model provides more accurate emissions estimates than MOBILE6.2 rather 
than growth that had not been anticipated in the attainment 
demonstration or changes to any control measures. Even though the MVEBs 
as calculated using MOVES result in a higher estimate of emissions, the 
MVEBs are consistent with requirements for attainment in the 
Philadelphia Area. This is because EPA determined on May 16, 2012 (77 
FR 28782) that the Philadelphia Area attained the 1997 PM2.5 
National Ambient Air Quality Standard (NAAQS) by the applicable 
attainment date, and because the area continues to meet the 1997 
PM2.5 NAAQS. Therefore, this update to the SIP-approved 
MVEBs to reflect the use of the MOVES model does not interfere with the 
Philadelphia Area's ability to continue to meet the 1997 
PM2.5 NAAQS. Additional rationale for EPA's action is 
explained in the NPR and will not be restated here. No public comments 
were received on the NPR.

                                            Table 1--Summary of MVEBs
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Model...........................................................         MOBILE6.2
                                                                        MOVES2010a
                                                                 -----------------------------------------------
Year............................................................        2002        2009        2002        2009
                                                                 -----------------------------------------------
PM2.5 (tpy).....................................................      1032.8       699.1    2,904.60     1,907.5
NOX (tpy).......................................................    63,475.9    36,317.7   90,879.00    57,218.3
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III. Final Action

    EPA is approving Pennsylvania DEP's SIP revision request from 
January 29, 2013 to update the SIP-approved MVEBs for the Philadelphia 
Area to reflect the use of the MOVES model. EPA is approving this SIP 
revision because it will allow the Philadelphia Area to continue to 
meet the 1997 PM2.5 NAAQS, and our in depth review of the 
SIP revision leads EPA to conclude that the updated MVEBs meet the 
adequacy requirements set forth in 40 CFR 93.118(e)(4)(i)-(vi), and the 
updated MVEBs have been correctly calculated to reflect the use of the 
MOVES model.

IV. Effective Date

    EPA finds that there is good cause for this approval to become 
effective on the date of publication because this action will expedite 
the planning process for transportation conformity determinations. The 
updated MVEBs will be utilized for transportation conformity 
determinations, therefore making this revision effective on the date of 
publication will allow for expedited planning and preparation for 
transportation conformity determinations by the Delaware Valley 
Regional Planning Commission (DVRPC). This expedited planning will 
ensure that transportation conformity determinations will not be 
delayed. The expedited effective date for this action is authorized 
under section 5 U.S.C. 553(d)(3), which allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.'' Ensuring that the 
updated MVEBs are available as soon as possible for use in making 
transportation conformity determinations is sufficient reason to allow 
an expedited effective date of this rule under 5 U.S.C. 553(d)(3).

V. Statutory and Executive Order Reviews

A. General Requirements

    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 approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this 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 rule does not have tribal implications as 
specified by

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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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 3, 2013. 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 which updates Pennsylvania's SIP-approved MVEBs in 
the Philadelphia Area to reflect the use of the MOVES model may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Particulate matter.

    Dated: March 25, 2013.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 entry for the ``1997 PM2.5 NAAQS Attainment 
Plan Demonstration, 2002 Base Year Emissions Inventory, Contingency 
Measures and Motor Vehicle Emission Budgets for 2009''.
    The revised text reads as follows:


Sec.  52.2020  Identification of plan.

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

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   Name of non-regulatory SIP          Applicable      State  submittal                           Additional
            revision                geographic  area          date        EPA approval  date      explanation
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                                                  * * * * * * *
1997 PM2.5 NAAQS Attainment       Pennsylvania         4/12/10,          8/27/12
 Demonstration, 2002 Base Year     portion of the      8/3/12            77 FR 51930          ..................
 Emissions Inventory,              Philadelphia-Wilmi  1/29/13           4/3/13 [Insert page  Revised 2009 Motor
 Contingency Measures and Motor    ngton, PA-NJ-DE                        number where the     Vehicle Emission
 Vehicle Emission Budgets for      PM2.5                                  document begins]     Budgets. The SIP
 2009.                             Nonattainment Area.                                         effective date is
                                                                                               April 13, 2013.
 
                                                  * * * * * * *
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0
3. Section 52.2053 is added to read as follows:


Sec.  52.2053  The Motor Vehicle Emissions Budgets for the Pennsylvania 
Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 Fine Particulate 
Matter Nonattainment Area

    As of April 3, 2013, EPA approves the following revised 2009 Motor 
Vehicle Emissions Budgets (MVEBs) for fine particulate matter 
(PM2.5) and nitrogen oxides (NOX) for the 
Pennsylvania Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 
PM2.5 Nonattainment Area submitted by the Secretary of the 
Pennsylvania Department of Environmental Protection:

------------------------------------------------------------------------
                                                                Tons per
        Applicable geographic area           Year    Tons per     year
                                                    year  NOX    PM2.5
------------------------------------------------------------------------
Pennsylvania Counties in the Philadelphia-    2009   57,218.3    1,907.5
 Wilmington, PA-NJ-DE 1997 Fine
 Particulate Matter Nonattainment Area....
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[FR Doc. 2013-07539 Filed 4-2-13; 8:45 am]
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