[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Rules and Regulations]
[Pages 78263-78266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30714]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0058; FRL-9904-49-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the 
Lancaster 1997 8-Hour Ozone Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Commonwealth of Pennsylvania's 
(Pennsylvania) State Implementation Plan (SIP). The revisions consist 
of an update to the SIP-approved Motor Vehicle Emissions Budgets 
(MVEBs) for nitrogen oxides (NOX) and volatile organic 
compounds (VOCs), and an updated point source inventory for 
NOX and VOCs for the 1997 8-Hour Ozone National Ambient Air 
Quality Standard (NAAQS) SIP for Lancaster County (hereafter referred 
to as the ``Lancaster Maintenance Area''). EPA's approval of the 
updated MVEBs makes them available for transportation conformity 
purposes. EPA is approving these revisions to the MVEBs and point 
source inventory in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: This rule is effective on February 24, 2014 without further 
notice, unless EPA receives adverse written comment by January 27, 
2014. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0058 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-2013-0058, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, 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-
2013-0058. 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, 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: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 19, 2012, Pennsylvania submitted formal revisions to 
its SIP. One SIP revision consists of updated MVEBs for NOX 
and VOCs for the 1997 8-Hour Ozone NAAQS. The other SIP revision 
updates the point source inventory for NOX and VOCs.
    On July 18, 1997 (62 FR 38856), EPA established the 1997 8-Hour 
Ozone NAAQS. On April 30, 2004 (69 FR 23860), Lancaster County was 
designated as nonattainment for the 1997 8-Hour Ozone NAAQS. On 
September 20, 2006, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted a SIP revision which consisted of a 
maintenance plan, a 2002 base year inventory and MVEBs for 
transportation conformity purposes. On November 8, 2006, PADEP 
supplemented their September 20, 2006 submittal. On July 6, 2007 (72 FR 
36889), EPA approved the SIP revision as well as the redesignation 
request made by PADEP and Lancaster County was redesignated as a 
maintenance area.
    The currently SIP-approved MVEBs for the Lancaster Area were 
developed using the Highway Mobile Source Emission Factor Model 
(MOBILE6.2). On March 2, 2010 (75 FR 9411), EPA published a notice of 
availability for the Motor Vehicle Emissions Simulator (MOVES2010) 
model for use in developing MVEBs for SIPs and for conducting 
transportation conformity analyses. EPA commenced a two year grace 
period after which time the MOVES2010 model would have to be used for 
transportation conformity purposes. The two year grace period was 
scheduled to end on March 2, 2012. On February 27, 2012 (77 FR 11394), 
EPA published a final rule extending the grace period for one more year 
to March 2, 2013 to ensure adequate time

[[Page 78264]]

for affected parties to have the capacity to use the MOVES model to 
develop or update the applicable MVEBs in SIPs and to conduct 
conformity analyses. On September 8, 2010, EPA released MOVES2010a, 
which is a minor update to MOVES2010 and which is used by Pennsylvania 
in this SIP revision.

II. Summary of SIP Revision

    This MVEBs SIP revision updates the MVEBs for NOX and 
VOCs for the years 2009 (interim year) and 2018 (maintenance year) that 
were produced using the MOVES2010a model. The point source inventory 
SIP revision updates the point source inventory for NOX and 
VOCs. A comparison between the previous point source inventory and the 
updated point source inventory is provided in Table 1. The previously 
approved MVEBs were produced using the Mobile Source Emission Factor 
Model (MOBILE6.2). A summary of the updated MOVES-based MVEBs and 
previously approved MOBILE6.2-based MVEBs for the years 2009 and 2018 
is provided in Table 2. 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 maintenance 
plan. Also, part of the update of the MVEBs is the addition of two tons 
per day (tpd) safety margin for both NOX and VOCs in 2018 as 
well as a 2 tpd safety margin for NOX in 2009. The MVEBs 
that will be utilized for transportation conformity purposes and 
include the safety margins are presented in Table 3. These safety 
margins were added because emissions in the interim (2009) and 
maintenance (2018) years are significantly less than the attainment 
year emissions, which is the year that the Lancaster Maintenance Area 
attained the standard. A detailed summary of EPA's review and rationale 
for proposing to approve this SIP revision may be found in the 
Technical Support Documents (TSDs) prepared in support of this proposed 
approval and are available on line at http://www.regulations.gov, 
Docket number EPA-R03-OAR-2013-0058.

                  Table 1--Summary of Point Source Inventory for the Lancaster Maintenance Area
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                                                                       Current                   Updated
----------------------------------------------------------------------------------------------------------------
                            Year                                  2009         2018         2009         2018
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VOCs (tpd)..................................................          8.7           11          5.5          7.7
NOX (tpd)...................................................          4.1          4.6          3.2          3.6
----------------------------------------------------------------------------------------------------------------


                 Table 2--Summary of Motor Vehicle Emissions for the Lancaster Maintenance Area
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                            Model                                     MOBILE6.2                MOVES2010a
----------------------------------------------------------------------------------------------------------------
                            Year                                  2009         2018         2009         2018
----------------------------------------------------------------------------------------------------------------
VOCs (tpd)..................................................        14.33         7.77        14.29         8.14
NOX (tpd)...................................................        22.32         8.99        33.18        18.57
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        Table 3--Updated MVEBs for the Lancaster Maintenance Area
------------------------------------------------------------------------
                     Year                           2009         2018
------------------------------------------------------------------------
VOCs (tpd)....................................        14.29        10.14
NOX (tpd).....................................        35.18        20.57
------------------------------------------------------------------------

III. Final Action

    EPA is approving Pennsylvania's SIP revision from November 19, 2012 
to update the SIP-approved MVEBs for the Lancaster County Maintenance 
Area to reflect the use of the MOVES model. EPA is also approving the 
update to the SIP-approved point source inventory. These SIP revisions 
allow the Lancaster County Maintenance Area to continue to be in 
attainment of the 1997 8-Hour Ozone NAAQS. The updated MVEBs meet the 
adequacy requirements set forth in 40 CFR 93.118(e)(4)(i)-(vi), and 
have been correctly calculated to reflect the use of the MOVES model. 
Upon final approval, these updated MVEBs will be both adequate and SIP-
approved for purposes of transportation conformity. EPA is publishing 
this rule without prior proposal because EPA views this as a 
noncontroversial amendment and anticipates no adverse comment. However, 
in the ``Proposed Rules'' section of today's Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on February 24, 2014 without further notice unless EPA 
receives adverse comment by January 27, 2014. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

IV. 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);

[[Page 78265]]

     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 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 February 24, 2014. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action.
    This action pertaining to the update of the SIP-approved MVEBs and 
point source inventory for the Lancaster Maintenance Area 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, Ozone, Volatile organic compounds.

    Dated: December 9, 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 8-Hour Ozone Maintenance Plan and 2002 Base 
Year Emissions Inventory. The revised text reads as follows:


Sec.  52.2020  Identification of plan.

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

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP         Applicable        State submittal                           Additional
            revision                geographic area          date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Maintenance Plan     Lancaster Area      9/20/06; 11/8/06..  7/6/07; 72 FR       ..................
 and 2002 Base Year Emissions      (Lancaster                              36889.
 Inventory.                        County).
                                                      11/29/12..........  12/26/13 [Insert    Revised 2009 and
                                                                           page number where   2018 Motor
                                                                           the document        Vehicle Emission
                                                                           begins].            Budgets. Revised
                                                                                               2009 and 2018
                                                                                               point source
                                                                                               inventory. See
                                                                                               sections 52.2043
                                                                                               and 52.2052.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2043 is added to read as follows:


Sec.  52.2043  Control strategy for maintenance plans: ozone.

    As of December 26, 2013, EPA approves the following revised 2009 
and 2018 point source inventory for nitrogen oxides (NOX) 
and volatile organic compounds (VOCs) for the Lancaster 1997 8-Hour 
Ozone Maintenance Area submitted by the Secretary of the Pennsylvania 
Department of Environmental Protection:

[[Page 78266]]



------------------------------------------------------------------------
                                                   Tons per    Tons per
      Applicable geographic area          Year     day NOX     day VOCs
------------------------------------------------------------------------
Lancaster 1997 8-Hour Ozone                 2009        3.2          5.5
 Maintenance Area....................
Lancaster 1997 8-Hour Ozone                 2018        3.6          7.7
 Maintenance Area....................
------------------------------------------------------------------------


0
4. Section 52.2052 is added to read as follows:


Sec.  52.2052  Motor vehicle emissions budgets for Pennsylvania ozone 
areas.

    As of December 26, 2013, EPA approves the following revised 2009 
and 2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides 
(NOX) and volatile organic compounds (VOCs) for the 
Lancaster 1997 8-Hour Ozone Maintenance Area submitted by the Secretary 
of the Pennsylvania Department of Environmental Protection:

------------------------------------------------------------------------
                                                   Tons per    Tons per
      Applicable geographic area          Year     day NOX     day VOCs
------------------------------------------------------------------------
Lancaster 1997 8-Hour Ozone                 2009      35.18        14.29
 Maintenance Area....................
Lancaster 1997 8-Hour Ozone                 2018      20.57        10.14
 Maintenance Area....................
------------------------------------------------------------------------

[FR Doc. 2013-30714 Filed 12-24-13; 8:45 am]
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