[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17875-17878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06671]



[[Page 17875]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0589; FRL-9908-50-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the 
Reading 1997 Eight-Hour Ozone National Ambient Air Quality Standard 
Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

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) for the 1997 Eight-Hour 
Ozone National Ambient Air Quality Standard (NAAQS) SIP for Berks 
County (Reading Maintenance Area). The SIP revision also includes 
updated point and area source inventories for NOX. This 
rulemaking action proposes to approve the updated MVEBs and thereby 
make them available for transportation conformity purposes. EPA is 
approving these revisions to the MVEBs and point and area source 
inventories in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This rule is effective on May 30, 2014 without further notice, 
unless EPA receives adverse written comment by April 30, 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-2013-0589 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-2013-0589, 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-
2013-0589. 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 July 22, 2013, Pennsylvania submitted a formal revision to its 
SIP. The SIP revision consists of updated MVEBs for NOX for 
the 1997 Eight-Hour Ozone NAAQS. The SIP revision also includes updated 
point and area source inventories for NOX.
    On July 18, 1997 (62 FR 38856), EPA established the 1997 Eight-Hour 
Ozone NAAQS. On April 30, 2004 (69 FR 23858), Berks County was 
designated as nonattainment for the 1997 Eight-Hour Ozone NAAQS. On 
January 25, 2007, 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 August 24, 2007 (72 FR 48559), 
EPA approved the SIP revision as well as the redesignation request made 
by PADEP. Berks County was redesignated as a maintenance area.
    The currently SIP-approved MVEBs for the Reading Maintenance 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 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 SIP revision includes an update to the MVEBs for 
NOX for the years 2009 (interim year) and 2018 (maintenance 
year) that were produced using the MOVES2010a model. This SIP revision 
also includes an update to the point and area source inventories for 
NOX. The MVEBs, as well as the point and area source 
inventories, were not updated for

[[Page 17876]]

volatile organic compounds (VOCs), therefore providing information 
about VOCs in the tables below is not applicable (N/A). A comparison 
between the previous point source inventory and the updated point 
source inventory is provided in Table 1. (Summary of Point Source 
Inventory). A comparison between the previous area source inventory and 
the updated area source inventory is provided in Table 2. (Summary of 
Area Source Inventory). The previously approved MVEBs were produced 
using the Mobile Source Emission Factor Model (MOBILE6.2). A summary of 
the updated MOVES-based emissions and previously approved MOBILE6.2-
based emissions for the years 2004, 2009, and 2018 is provided in Table 
3. (Summary of Motor Vehicle Emissions). 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 a 2 ton per day (tpd) safety margin for 
NOX. The MVEBs that will be utilized for transportation 
conformity purposes and include the safety margins are presented in 
Table 4. (Updated MVEBs). 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 Reading 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 rulemaking action and are 
available on line at http://www.regulations.gov, Docket number EPA-R03-
OAR-2013-0589.

            Table 1--Summary of Point Source Inventory in TPD
------------------------------------------------------------------------
                                           Current           Updated
                Year                 -----------------------------------
                                        2009     2018     2009     2018
------------------------------------------------------------------------
NOX.................................    16.8     19.2     11.5     12.6
------------------------------------------------------------------------


            Table 2--Summary of Area Source Inventory in TPD
------------------------------------------------------------------------
                                           Current           Updated
                Year                 -----------------------------------
                                        2009     2018     2009     2018
------------------------------------------------------------------------
NOX.................................     2.2      2.3      2.3      2.1
------------------------------------------------------------------------


                               Table 3--Summary of Motor Vehicle Emissions in TPD
----------------------------------------------------------------------------------------------------------------
                     Model                                 MOBILE6.2                        MOVES2010a
----------------------------------------------------------------------------------------------------------------
                     Year                          2004       2009       2018       2004       2009       2018
----------------------------------------------------------------------------------------------------------------
VOCs..........................................       17.0       12.1        6.5        N/A        N/A        N/A
NOX...........................................       29.8       20.7        8.4       34.4       27.0       12.9
----------------------------------------------------------------------------------------------------------------


                      Table 4--Updated MVEBs in TPD
------------------------------------------------------------------------
                       Year                            2009       2018
------------------------------------------------------------------------
VOCs..............................................        N/A        N/A
NOX...............................................       29.0       14.9
------------------------------------------------------------------------

III. Final Action

    EPA is approving Pennsylvania's SIP revision request from July 22, 
2013 to update the SIP-approved MVEBs for the Reading Maintenance Area 
to reflect the use of the MOVES model. EPA is also proposing to approve 
the update to the SIP-approved point and area source inventories. EPA 
is approving this SIP revision because it will allow the Reading 
Maintenance Area to continue to be in attainment of the 1997 Eight-Hour 
Ozone 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. As a result 
of EPA's 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 May 30, 2014 without further notice unless EPA receives 
adverse comment by April 30, 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. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

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);
     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);

[[Page 17877]]

     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 May 30, 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 rulemaking action pertaining to the update of 
the SIP-approved MVEBs and point and area source inventories for the 
Reading 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: March 7, 2014.
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 for Reading Area (Berks County). The revised 
text reads as follows:


Sec.  52.2020  Identification of plan.

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

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable           State                                   Additional
            revision               geographic area   submittal date     EPA approval date         explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Maintenance Plan    Reading Area               1/25/07  8/24/07................  Correction Notice
 and 2002 Base Year Emissions     (Berks County).                    72 FR 41906............   published 1/14/
 Inventory.                                                                                    08, 73 FR 2162.
                                                            7/22/13  3/31/14 [Insert page     Revised 2009 and
                                                                      number where the         2018 Motor
                                                                      document begins].        Vehicle Emission
                                                                                               Budgets. Revised
                                                                                               2009 and 2018
                                                                                               point and area
                                                                                               source
                                                                                               inventories. See
                                                                                               sections 52.2043
                                                                                               and 52.2052.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2043 is amended by designating the existing paragraph as 
(a) and adding paragraph (b) to read as follows:


Sec.  52.2043  Control strategy for maintenance plans: ozone.

* * * * *
    (b)(1) As of March 31, 2014, EPA approves the following revised 
2009 and 2018 point source inventory for nitrogen oxides 
(NOX) for the Reading 1997 8-Hour Ozone Maintenance Area 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Protection:

------------------------------------------------------------------------
                                                               Tons per
             Applicable geographic area                Year     day NOX
------------------------------------------------------------------------
Reading 1997 8-Hour Ozone Maintenance Area..........    2009        11.5
Reading 1997 8-Hour Ozone Maintenance Area..........    2018        12.6
------------------------------------------------------------------------

    (2) As of March 31, 2014, EPA approves the following revised 2009 
and 2018 area source inventory for nitrogen oxides (NOX) for 
the Reading 1997 8-Hour Ozone Maintenance Area submitted by the 
Secretary of the Pennsylvania Department of Environmental Protection:

------------------------------------------------------------------------
                                                               Tons per
             Applicable geographic area                Year     day NOX
------------------------------------------------------------------------
Reading 1997 8-Hour Ozone Maintenance Area..........    2009         2.3
Reading 1997 8-Hour Ozone Maintenance Area..........    2018         2.1
------------------------------------------------------------------------


[[Page 17878]]


0
4. Section 52.2052 is amended by designating the existing paragraph as 
(a) and adding paragraph (b) to read as follows:


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

* * * * *
    As of March 31, 2014, EPA approves the following revised 2009 and 
2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides 
(NOX) for the Reading 1997 8-Hour Ozone Maintenance Area 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Protection:

------------------------------------------------------------------------
                                                               Tons per
             Applicable geographic area                Year     day NOX
------------------------------------------------------------------------
Reading 1997 8-Hour Ozone Maintenance Area..........    2009        29.0
Reading 1997 8-Hour Ozone Maintenance Area..........    2018        14.9
------------------------------------------------------------------------

[FR Doc. 2014-06671 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P