[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Rules and Regulations]
[Pages 17054-17060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06697]

[[Page 17054]]



40 CFR Part 52

[EPA-R03-OAR-2012-0248; FRL-9908-48-Region 3]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Carbon Monoxide Second Limited Maintenance Plan for the 
Pittsburgh Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. The revision consists of 
a second limited maintenance plan for the carbon monoxide (CO) 
Pittsburgh Area (``the Pittsburgh Area'' or ``the Area'') in Allegheny 
County, formerly designated as a CO nonattainment area. The maintenance 
plan ensures maintenance of the CO national ambient air quality 
standard (NAAQS) in the Pittsburgh Area for a second 10-year period 
after redesignation of the Area from nonattainment to attainment, 
through year 2022. EPA is approving these revisions in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on May 27, 2014 without further notice, 
unless EPA receives adverse written comment by April 28, 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-2012-0248 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-2012-0248, 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-
2012-0248. 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 and at the Allegheny County 
Health Department, Bureau of Environmental Quality, Division of Air 
Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].

SUPPLEMENTARY INFORMATION: On July 18, 2011, Pennsylvania Department of 
Environmental Protection (PADEP) submitted, on behalf of Allegheny 
County Health Department (ACHD), a revision to the Pennsylvania SIP, 
which was supplemented on November 26, 2013. The SIP revision ensures 
maintenance of the CO NAAQS in the Pittsburgh Area for a second ten-
year period after redesignation, through year 2022.

Table of Contents

I. Background
II. EPA's Requirements
III. Summary of SIP Revision
IV. EPA's Evaluation
    A. Limited Maintenance Plan Eligibility
    B. Attainment Inventory
    C. Maintenance Demonstration
    D. Monitoring Network and Verification of Continued Attainment
    E. Contingency Plan
    F. Transportation and General Conformity
V. Final Action
VI. Statutory and Executive Order Reviews

I. Background

A. Designations

    CO is a colorless, odorless gas emitted from combustion processes. 
Nationally and, particularly in urban areas, the majority of CO 
emissions to ambient air come from mobile sources. CO can cause harmful 
health effects by reducing oxygen delivery to the body's organs (like 
the heart and brain) and tissues. At extremely high levels, CO can 
cause death.
    EPA initially established the CO NAAQS on April 30, 1971 (36 FR 
8186). The primary standards, protective of public health, were set at 
9 parts per million (ppm) as an 8-hour average, and 35 ppm, as a 1-hour 
average, neither to be exceeded more than once per year. Later in 1971, 
EPA set the secondary standards identical to the primary standards for 
protection of the public welfare. See 40 CFR 50.8. In a review of the 
standards completed in 1985 (50 FR 37484, September 13, 1985), EPA 
retained the primary standard, but revoked the secondary standard due 
to lack of evidence of direct adverse effect on public welfare at or 
near ambient concentrations. Although the air quality criteria have 
changed over the past two decades, the CO primary standard has been 
retained without revision.
    On September 12, 1978 (43 FR 40513), EPA designated for the first 
time portions of Allegheny County as a CO nonattainment area, referred 
to as the Pittsburgh Area. The Pittsburgh Area

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was defined to include the high traffic density areas within the 
Central Business District of Allegheny County and certain other high 
traffic density areas. The Central Business District is defined as the 
area enclosed by the Allegheny River, the Monongahela River, and 579 
interstate highway, while ``the other high traffic density areas'' are 
defined as the Oakland neighborhood of Pittsburgh, Pennsylvania.
    As part of the 1990 CAA Amendments, a provision was added under 
section 186(a) which authorized EPA to classify nonattainment areas 
according to the degree of severity of the nonattainment problem. 
Specifically, CAA section 186(a)(1) provides that each area designated 
nonattainment for CO should be classified at the time of such 
designation as ``Moderate'' (9.1-16.4 ppm) or ``Serious'' (16.5 ppm and 
above) based on the design value of the area. Additionally, under 
section 107(d)(a)(C), at the date of enactment of the 1990 CAA 
Amendments, all areas of the country were designated with respect to 
ozone and CO in accordance with the pre-enactment designations by 
operation of the law.
    On November 6, 1991 (56 FR 56694), EPA made final designations and 
classifications for all areas in the country for all the six criteria 
pollutants. The designations and classifications for CO (post-enactment 
of 1990 CAA Amendments) were based on quality assured air monitoring 
data for years 1988-1989. The Pittsburgh Area maintained its pre-
enactment designation as a CO nonattainment area by operation of law. 
In this designation process, EPA determined that the Pittsburgh Area 
was a ``nonclassifiable'' area with respect CO NAAQS, based on the fact 
that the 1988-1989 air quality design values for the Area were below 
the lowest CO nonattainment classification of ``Moderate'' (below 9.1 

B. Compliance With the CO NAAQS

    A monitor is meeting the CO NAAQS if over a 2-year period the 
second-highest 1-hour value is less than or equal to 35 ppm, and the 
second-highest, non-overlapping 8-hour value is less than or equal to 9 
ppm. These calculated values are referred as the 1-hour and the 8-hour 
design value, respectively. A design value is calculated to compare to 
the NAAQS and determine compliance. The CO design values are usually 
discussed in terms of the 8-hour CO NAAQS, rather than the 1-hour 
NAAQS, because the 8-hour NAAQS is typically the standard of concern. 
The design value of an area is the highest site-specific design value 
of the monitors located within the area. A CO nonattainment area is 
considered for redesignation if the design value of the Area is below 
the standards, that is, if there are no violations of the CO NAAQS for 
two consecutive years. The method for calculating CO design values is 
presented in detail in EPA's June 18, 1990 memorandum, ``Ozone and 
Carbon Monoxide Design Value Calculations.''

C. Redesignation to Attainment and Maintenance Plan

    EPA may redesignate areas to attainment if sufficient monitoring 
data are available to warrant such change and the area meets the 
criteria contained in section 107(d)(3)(E) of the CAA. These criteria 
include, among others, a full approval of a maintenance plan that 
covers at least 10 years after redesignation, and meets the 
requirements of section 175A of the CAA. In addition, section 175A of 
the CAA require states to submit a revision to the maintenance plan 
eight years after redesignation to provide for maintenance of the NAAQS 
for 10 years following the end of the first 10-year maintenance period. 
To address potential future NAAQS violations, the maintenance plan must 
contain contingency measures, with a schedule for implementation 
adequate to assure prompt correction of any air quality problems.
    On August 17, 2001, the Commonwealth submitted to EPA a 
redesignation request and a maintenance plan for the Pittsburgh Area 
for the CO NAAQS. EPA allowed the Commonwealth to develop a ``limited 
maintenance plan'' (LMP) for the Pittsburgh Area in addressing the 
maintenance plan requirements, and thus meeting the applicable 
requirements for redesignation. According to EPA's October 6, 1995 
guidance ``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas,'' the LMP option is only available to 
nonclassifiable CO nonattainment areas with design values at or below 
the 85 percent (%) of the level of the 8-hour CO NAAQS, or 7.65 ppm. 
The LMP option allows the areas meeting this requirement to submit a 
less rigorous maintenance plan than generally required for the CO 
NAAQS. Since the Pittsburgh Area was designated as a 
``nonclassifiable'' nonattainment area and the Area's 8-hour design 
value at the time of redesignation was 3.9 ppm, based on 1998-1999 
quality assured air monitoring data, EPA concurred with the 
Commonwealth's determination of submitting an LMP for the Area. On 
November 12, 2002 (67 FR 68521), EPA granted the Commonwealth's 
redesignation request and approved as a SIP revision the maintenance 
plan for the Pittsburgh Area. The SIP revision ensured maintenance of 
the standard until January 2013.
    On July 18, 2011, the Commonwealth submitted as a SIP revision a 
second 10-year CO maintenance plan for the Pittsburgh Area. In 
recognition of the continuing record of monitoring data showing ambient 
CO 8-hour concentrations in the Pittsburgh Area well below 7.65 ppm, 
ACHD once more chose the LMP option for the development of this second 
maintenance plan. Further discussion of the maintenance plan 
requirements and the LMP option is provided in section II of this 
rulemaking action.

II. EPA's Requirements

    Section 175A defines the general framework of a maintenance plan. 
The maintenance plan will constitute a SIP revision and must provide 
for maintenance of the relevant NAAQS for at least 10 years after 
redesignation. Section 175A further states that the plan shall contain 
such additional measures, if any, as may be necessary to ensure such 
maintenance. In addition, the maintenance plan should contain such 
contingency measures as EPA deems necessary to ensure prompt correction 
or any violation of the NAAQS.
    For nonclassifiable CO areas seeking redesignation to attainment 
whose design value at the time of redesignation is 85 percent or less 
than the 8-hour CO NAAQS, or 7.65 ppm, a state may choose to submit a 
less rigorous maintenance plan than generally required. This option is 
termed a LMP. EPA believes that the full maintenance plan requirements 
do not need to be applied to these areas because they have achieved air 
quality levels well below the standard without application of control 
measures required by the CAA for moderate and serious nonattainment 
areas. Also, these areas do not have either a recent history of 
monitored violations of the CO NAAQS or a long prior history of 
monitored air quality problems for CO. Therefore, EPA believes that for 
a limited maintenance area, the air quality along with the continued 
applicability of the prevention of significant deterioration (PSD) 
permitting requirements, any control measures already in the SIP, and 
Federal measures, should provide adequate assurance of maintenance over 
the10-year maintenance period. The same applies for areas submitting 
their second maintenance plans.
    To qualify for the LMP option, the CO design value for the area, 
based on the

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eight consecutive quarters (two years of data) used to demonstrate 
attainment must be at or below 7.65 ppm for the 8-hour CO NAAQS. 
Additionally, the design value for the area must continue to be at or 
below the 7.65 ppm for the 8-hour CO NAAQS until the time of EPA's 
final action. According to EPA's October 6, 1995 guidance ``Limited 
Maintenance Plan Option for Non-classifiable CO Nonattainment Areas,'' 
a LMP submittal must include: An attainment emissions inventory, a 
maintenance demonstration, a verification of continued attainment, 
contingency measures, and transportation conformity determination.
    As for any maintenance plan, the state should develop an attainment 
emissions inventory to identify the level of emissions in the area 
which is sufficient to attain the NAAQS. This inventory should be 
consistent with EPA's most recent guidance on emissions inventories for 
nonattainment areas available at the time and should include the 
emissions during the time period associated with the monitoring data 
showing attainment. Emissions of CO are generally expected to be the 
highest during the winter season. Thus, for CO nonattainment areas, the 
inventory should be based on actual ``typical winter day'' emissions 
for the time period associated with the monitoring data showing 
attainment of the standard. For more information on developing seasonal 
CO emissions inventories, refer to EPA's guidance documents ``Emissions 
Inventory Requirements for Carbon Monoxide State Implementation Plans'' 
(EPA-450/4-91-011, March 1991) and ``Procedures for the Preparation of 
Emissions Inventories for Carbon Monoxide and Precursors of Ozone; 
Volume I'' (EPA-450/4-91-016, May 1991).
    In LMP, the maintenance demonstration requirement is considered to 
be satisfied if the monitoring data show that the area is meeting the 
air quality criteria for a limited maintenance area, 7.65 ppm. The 
design value requirement is expected to provide adequate assurance of 
maintenance over the 10-year period. The maintenance demonstration does 
not require the state to project emissions over the maintenance period. 
In LMP, to verify the attainment status of the area over the 
maintenance period, the state must show continuous operation of an 
appropriate EPA-approved air quality monitoring network, in accordance 
with 40 CFR part 58.
    As for any maintenance plan, the state is required to adopt 
contingency provisions, as necessary, to promptly correct any violation 
of the NAAQS that occurs after redesignation of the area. In order for 
the maintenance plan to be approved, a state is not required to have 
full adopted contingency measures that will take effect without further 
action by the state; however, the contingency plan is considered to be 
an enforceable part of the SIP and should ensure that the contingency 
measures are adopted expediently once they are triggered. The plan 
should clearly identify the measures to be adopted, a schedule and 
procedure for adoption and implementation, and a specific time limit 
for action by the state. As necessary, the state should also identify 
specific indicators, or triggers, which will be used to determine when 
the contingency measures need to be implemented.
    Transportation conformity is required under section 176(c) of the 
CAA to ensure that Federally supported highway, transit projects, and 
other activities are consistent with (conform to) the purpose of the 
SIP. The CAA requires Federal actions in nonattainment and maintenance 
areas to ``conform to'' the goals of the SIP. 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 or any interim milestone. EPA has established criteria and 
procedures for Federal agencies to follow in determining conformity of 
their actions. EPA's rule governing transportation plans and Federally 
supported highway, transit projects, and other activities is referred 
to as the Transportation Conformity Rule (See 40 CFR part 93, subpart 
A), and EPA's rule governing all other types of Federal agency actions 
is referred to as the General Conformity Rule (See 40 CFR part 93, 
subpart B).
    Under the Transportation Conformity Rule, metropolitan planning 
organizations (MPOs) in nonattainment and maintenance areas coordinate 
with state air quality and transportation agencies, EPA, Federal 
Highway Administration (FHWA), and Federal Transit Administration (FTA) 
to demonstrate that their metropolitan transportation plans and 
transportation improvement plans conform to applicable SIPs. This is 
typically determined by showing that estimated emissions from existing 
and planned highway and transit systems are less than or equal to the 
motor vehicle emissions budgets (MVEBs) contained in a SIP. While EPA's 
LMP option does not exempt an area from the need to affirm conformity, 
the area may demonstrate conformity without submitting an emissions 
budget. Under the LMP option, the emissions budgets are essentially not 
constraining for the length of the maintenance period, because it is 
unreasonable to expect that the qualifying area will experience so much 
growth in that period that a violation of the CO NAAQS would result. 
For this reason, any Federal actions requiring conformity 
determinations under the Transportation Conformity Rule could be 
considered to satisfy the ``budget test,'' required in 40 CFR 
93.158(a)(5)(i)(A), 93.118, 93.119, and 93.120. While not subject to 
the budget test, the limited maintenance areas remain subject to other 
transportation conformity requirements of 40 CFR part 93, subpart A.

III. Summary of SIP Revision

    On July 18, 2011, PADEP submitted, on behalf of ACHD, a SIP 
revision which was then supplemented on November 26, 2013. The SIP 
revision consists of the second 10-year update to the CO NAAQS 
maintenance plan for the Pittsburgh Area, as required by CAA section 
175A(b). The July 18, 2011 submission included a maintenance 
demonstration, a verification of continued attainment, and a 
contingency plan. The November 26, 2013 supplemental SIP revision 
included the attainment emissions inventory. The submittals also 
include appendices that explain the methodology used for developing 
emissions inventories, a technical support document, and evidence of 
public notice, public hearing, response to comments, and adoption of 
the plan. The maintenance plan also carries forward essentially the 
same contingency plan as contained in the initial maintenance plan. A 
more detailed summary of Pennsylvania's SIP submittal may be found in 
EPA's Technical Support Document (TSD) for this rulemaking action, 
which is available online at www.regulations.gov, Docket number EPA-

IV. EPA's Evaluation

A. Limited Maintenance Plan Eligibility

    Monitoring data shows that the Pittsburgh Area continues to attain 
the CO NAAQS. Table 1 presents the historic CO 8-hour design values 
(i.e., the second highest 8-hour average CO levels) for the CO 
monitoring sites in the Area over the 1988-2013 period, as recorded in 
EPA's Air Quality System (AQS) and included in the submittal. As shown, 
the second highest 8-hour CO

[[Page 17057]]

average concentrations recorded at all monitoring stations in the 
Pittsburgh Area have remained below 7.65 ppm since 1994. In addition, 
ACHD reported that the 1-hour CO NAAQS has not been violated in the 
Pittsburgh Area since 1980, and has been below 15 ppm since 1988. Thus, 
monitoring data show that the Pittsburgh Area continues to be eligible 
for the LMP option.

       Table 1--Pittsburgh Area's CO Second Highest 8-Hour Average Concentrations During 1988-2013, in ppm
                                                            Forbes Avenue at   Gateway Center      Flag Plaza
                                          Oakland \a\ (42-    Grant Street     Subway Entrance  (Bedford Avenue)
                  Year                        003-0026)     (Courthouse) (42- (Point) \b\ (42-    \b\ (42-003-
                                                                003-0038)         003-0052)           0031)
1988....................................               8.4               6.6               6.5  ................
1989....................................               6.5               7.8               6.7  ................
1990....................................               6.9               8.1               6.5  ................
1991....................................               5.0               6.2               6.6  ................
1992....................................               7.7               7.8               6.7  ................
1993....................................               4.8               6.2               5.2  ................
1994....................................               5.6               7.5               6.8  ................
1995....................................               4.3               5.9               3.8  ................
1996....................................               5.0               4.8               3.9  ................
1997....................................               2.5               3.9               2.9  ................
1998....................................  ................               4.9               3.1  ................
1999....................................  ................               4.0               3.1  ................
2000....................................  ................               3.5               2.6  ................
2001....................................  ................               3.4  ................  ................
2002....................................  ................               2.9  ................  ................
2003....................................  ................               3.5  ................               2.2
2004....................................  ................               2.5  ................               1.9
2005....................................  ................               2.3  ................               1.8
2006....................................  ................               2.1  ................               1.8
2007....................................  ................               3.5  ................               1.3
2008....................................  ................               1.6  ................               1.3
2009....................................  ................               1.5  ................               1.3
2010....................................  ................               1.7  ................               1.2
2011....................................  ................               1.6  ................               1.4
2012....................................  ................               1.7  ................               1.5
2013\c\.................................  ................               1.5  ................               1.4
Source: Pennsylvania's July 18, 2011 SIP submittal and EPA's January 9, 2014 AQS Reports AMP450.
\a\ The CO monitor at the Oakland site (AQS ID: 42-003-0026) was terminated in October 1997, as approved by EPA.
\b\ EPA approved the removal of the CO monitor at the Gateway Center Subway Entrance (Point) (AQS ID: 42-003-
  0052) in May 2000 and its relocation to the Flag Plaza (AQS ID: 42-003-0031) near the Civic Arena, which
  started operating in 2003.
\c\ Air quality monitoring data for 2013 is preliminary.

B. Attainment Emissions Inventory

    For the CO maintenance plan, ACHD developed a 2008 attainment 
emissions inventory to identify the level of actual emissions in the 
Pittsburgh Area that is sufficient for the Area to continue to attain 
the CO NAAQS. The Pittsburgh Area's CO attainment inventory is based on 
the latest available planning assumptions for 2008, reflecting typical 
winter day CO emissions for the Area. ACHD selected the 2008 year for 
its attainment emissions inventory because it contained at the time of 
submittal the most current and comprehensive emissions estimates that 
were representative of actual emissions in Allegheny County, and 
because during this time the air quality was showing maintenance of the 
CO NAAQS in the Area. The 2008 emissions inventory is based on EPA's 
2008 National Emissions Inventory (NEI) (Version 2, April 10, 2012) for 
the months of January, February and December, and seasonal adjustment 
factors were applied as necessary.
    The 2008 attainment inventory contains CO typical winter day 
emissions estimates of point, area, mobile onroad and mobile nonroad 
sources in the Area. The primary source of CO emissions in the 
Pittsburgh Area is the onroad (highway) sources, contributing to 54% of 
total CO emissions of the Area. Table 2 provides a summary of the 2008 
attainment inventory submitted with the maintenance plan. For a more 
detailed evaluation of the 2008 emissions inventory, see EPA's TSD 
dated February 4, 2014 for this rulemaking action, which is available 
online at www.regulations.gov, Docket number EPA-R03-OAR-2012-0248.

  Table 2--Pittsburgh Area's CO 2008 Attainment Emissions Inventory, in
                           Tons Per Day (tpd)
                                                           CO typical
                    Source category                        winter day
Point.................................................             22.76
Area..................................................             57.65
Onroad................................................            396.38
Nonroad...............................................             96.99
    Total.............................................            573.78

C. Maintenance Demonstration

    Under the LMP option, there is no requirement to project emissions 
over the 10-year maintenance period for the Pittsburgh Area, as long as 
the Area continues to have CO air quality at or below 7.65 ppm. The 
monitoring data presented in Table 1 show that the Pittsburgh Area has 
historically measured and continues to measure concentrations below 
7.65 ppm. The continuous downward trend in CO monitoring data in the 
Area has

[[Page 17058]]

demonstrated that air quality improvements can be attributed to 
permanent, enforceable reductions of CO emissions. In addition, EPA 
acknowledges that Allegheny County has a SIP-approved PSD permitting 
program (78 FR 13493, February 18, 2013), which prevents increase of CO 
emissions from construction or modification of major stationary 
sources. EPA believes that the LMP eligibility together with the 
continuation of existing CO emissions control programs, sufficiently 
and adequately demonstrate that the Pittsburgh Area will maintain the 
CO NAAQS through the second 10-year maintenance period and beyond.
    Although not required, ACHD included a maintenance demonstration as 
part of its second maintenance plan to show maintenance of the CO NAAQS 
during the second 10-year period for the Pittsburgh Area. ACHD used 
projected inventories to show that the Pittsburgh Area continues to 
remain in attainment and developed projected inventories for an interim 
year of 2013 and a maintenance end year of 2022. The projected 2013 and 
2022 emissions inventories include typical winter day CO emissions 
estimates only for the onroad sources in the Pittsburgh Area. As 
mentioned earlier in this rulemaking action, this sector constitutes 
the primary emissions source category in the Pittsburgh Area, thus 
emissions reductions from this source category should be sufficient to 
demonstrate maintenance of the CO NAAQS for the Area. The projected 
2013 and 2022 onroad emissions inventories were developed with EPA's 
latest highway emissions model at the time of submittal, MOVES2010a,\1\ 
in accordance with EPA's ``Technical Guidance on the Use of MOVES2010a 
for Emission Inventory Preparation in State Implementation Plans and 
Transportation Conformity.''

    \1\ MOVES2010 is a computer model designed by EPA to estimate 
air pollution emissions and emissions inventories of various 
pollutants and precursors from on-road mobile sources for SIP and 
transportation conformity purposes. MOVES2010 was designed to 
replace the previous emissions model, MOBILE6.2, which was released 
in 2004 (69 FR 28830). MOVES2010 was released on March 2, 2010 (75 
FR 9411), while MOVES2010a, a minor revision to enhance model 
performance, was released subsequently on September 8, 2010. ACHD 
used MOVES2010a in developing the projected emissions inventories.

    ACHD used growth rates based on 2008 local traffic data and 
socioeconomic forecasts to project traffic parameters to 2013 and 2022 
data. Daily and monthly seasonal factors were used to adjust traffic 
data to a typical winter day. The projected inventories take into 
account control measures which were in place in 2008 and are expected 
to be in place throughout 2022 for Allegheny County, which include: The 
National Low Emission Vehicle Program (NLEV) and Federal Tier II Low 
Sulfur Program, emissions standards for medium and heavy duty vehicles 
in 2002, 2004, 2007, and 2011, Stage II and Onboard Refueling Vapor 
Recovery (ORVR), and the Pennsylvania Clean Vehicles (PCV) Program 
(PaCode, Title 25, Chapter 126) that incorporates the California Low 
Emission Vehicle Program (CA LEVII).
    After thorough review of the methodology and data assumptions used 
by ACHD, EPA finds that the 2013 and 2022 emissions inventories were 
developed in conformance with EPA's guidance, and therefore, are 
approvable as part of the maintenance demonstration. A summary of the 
projected onroad CO emissions inventories for the Pittsburgh Area is 
provided in Table 3. A more detailed evaluation and EPA's rationale for 
approving the 2013 and 2022 inventories may be found in EPA's TSD for 
this rulemaking action, which is available online at 
www.regulations.gov, Docket number EPA-R03-OAR-2012-0248.

    Table 3--Pittsburgh Area's CO Projected 2013 and 2022 Vehicle Miles Traveled (VMT) and Typical Winter Day
                                      Emissions for Onroad Sources, in tpd
                          2013                                                     2022
                                CO typical winter day                                    CO typical winter day
            VMT                       emissions                       VMT                      emissions
           25,727,530                       394.53                   28,377,731                      336.27

    The purpose of the maintenance demonstration is to show that future 
CO emissions will remain at or below the 2008 attainment emissions 
levels for the Pittsburgh Area through the 2022 maintenance plan end 
year. Table 4 provides a comparison of the CO emissions inventories for 
the Pittsburgh Area for the 2008 attainment year, the 2013 interim 
year, and the 2022 maintenance plan end year. Despite the projected 
increase in VMT (see Table 3) in the Area, the inventories show that 
the CO emissions between 2008 and 2022 for the Area are projected to be 
reduced by 15 percent, due to the implementation of the vehicle control 
measures in Allegheny County. EPA finds that the maintenance 
demonstration shows that the Pittsburgh Area will continue to maintain 
the CO NAAQS during the second maintenance period, throughout 2022.

 Table 4--Comparison of the 2008, 2013, and 2022 CO Typical Winter Day Emissions Inventories for Onroad Sources
                                         in the Pittsburgh Area, in tpd
                    Emissions of onroad sources                                  Emissions reductions
         2008                   2013                   2022                2008-2013              2008-2022
            396.38                 394.53                 336.27                   1.85                  60.11

D. Monitoring Network and Verification of Continued Attainment

    In accordance with 40 CFR part 58, ACHD operates and maintains an 
EPA-approved CO monitoring network in the Pittsburgh Area, in order to 
verify attainment of the CO NAAQS and ensure the need to trigger 
contingency measures. Currently, the monitoring network consists of two 
monitoring sites: The Forbes Avenue and Grant Street site (AQS ID: 42-
003-0038) and

[[Page 17059]]

the Flag Plaza site (AQS ID: 42-003-0031), whose data is eligible for 
comparison to the CO NAAQS.
    EPA believes ACHD's current CO monitoring network is adequate to 
verify continued attainment of the CO NAAQS in the Pittsburgh Area. 
ACHD has committed to continue maintaining a CO monitoring network in 
accordance with EPA's requirements.

E. Contingency Plan

    The Pittsburgh Area's second CO maintenance plan carries forward 
the same contingency provisions that were included in the first 
maintenance plan and previously approved by EPA. As a triggering event 
for implementation of the contingency measures of this plan, a verified 
ambient CO concentration for an 8-hour period over the 8-hour CO NAAQS, 
or 9.00 ppm, must be recorded at least twice at one monitor station 
from November to February. In the event of a violation of the 8-hour CO 
NAAQS, a ``vehicle idling restriction'' will be implemented as a 
contingency measure. The vehicle idling restriction is applicable from 
November to February throughout Allegheny County and consists of 
limiting to five minutes the amount of time that a gasoline engine 
vehicle is permitted to idle. This restriction will have the following 
exceptions: The need for heating and powering of refrigeration systems 
on trucks, operation of emergency vehicles and vehicles that are 
motionless due to traffic conditions beyond operator's control. Three 
(3) months after ACHD records a violation or once EPA notifies ACHD 
that this contingency measure must be implemented, ACHD will adopt 
within 12 months the vehicle idling restriction as a regulation. The 
regulation will be implemented within 8 months after adoption. In the 
future, ACHD may request EPA to consider the approval of alternative 
contingency measures by providing a demonstration that the alternative 
measures will provide an air quality and public health benefit equal to 
or greater than that resulting from the implementation of the idling 
restriction. EPA finds this contingency measure approvable for purposes 
of satisfying CAA section 175A.

F. Transportation Conformity

    ACHD did not submit any MVEBs with the Pittsburgh Area's CO second 
maintenance plan. However, EPA believes that the second maintenance 
plan demonstrates that it is unreasonable to expect that the Area would 
experience enough growth in motor vehicle (onroad) emissions for a 
violation of the CO NAAQS to occur, and on that basis, EPA is proposing 
to approve this plan for transportation conformity purposes. In 
accordance with the Transportation Conformity Rule, after EPA's 
approval of this limited maintenance plan, there will be no requirement 
for ACHD to satisfy the regional emissions analysis with respect to CO 
under 40 CFR 93.118 and/or 40 CFR 93.119 in determining the conformity 
of transportation plans, programs and projects in the Pittsburgh Area. 
See 40 CFR 93.109(e).

V. Final Action

    EPA finds that the Pittsburgh Area second CO maintenance plan 
concurs with EPA's guidance for limited maintenance plans and thus, 
satisfies the requirements of CAA section 175A. EPA is approving as an 
update to the Pennsylvania SIP the Pittsburgh Area CO second 
maintenance plan, which was submitted as a SIP revision by the 
Commonwealth of Pennsylvania on July 18, 2011 and supplemented on 
November 26, 2013. The plan demonstrates maintenance of the CO NAAQS in 
the Pittsburgh Area for a second 10-year period after redesignation, 
through year 2022.
    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 May 27, 2014 without further notice 
unless EPA receives adverse comment by April 28, 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 

VI. 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 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

[[Page 17060]]

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 May 27, 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, approving the Pittsburgh Area's CO 
second maintenance plan, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: March 7, 2014.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:


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

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

Subpart NN--Pennsylvania

2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by 
revising the entry for Carbon Monoxide Maintenance Plan for the City of 
Pittsburgh. The revised text reads as follows:

Sec.  52.2020  Identification of plan.

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

   Name of non-regulatory SIP        Applicable                                                    Additional
            revision               geographic area   State submittal date   EPA approval date     explanation
                                                  * * * * * * *
Carbon Monoxide Maintenance      City of                          8/17/01  11/12/02 67 FR      52.2063(c)(189).
 Plan.                            Pittsburgh--Centr                         68521.
                                  al Business
                                  District &
                                                        7/18/12; 11/26/13  3/27/14 [Insert     Limited
                                                                            page number where   maintenance plan
                                                                            the document        covering the 10-
                                                                            begins].            year period
                                                                                                through 2022.
                                                  * * * * * * *

* * * * *
[FR Doc. 2014-06697 Filed 3-26-14; 8:45 am]