[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Proposed Rules]
[Pages 54947-54952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17422]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0332; FRL-10013-24-Region 3]


Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Air 
Quality Standard (NAAQS) Second Maintenance Plan for the Altoona (Blair 
County) Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
Commonwealth of Pennsylvania. This revision pertains to the 
Commonwealth's plan, submitted by the Pennsylvania Department of 
Environmental Protection (DEP), for maintaining the 1997 8-hour ozone 
national ambient air quality standard (NAAQS) (referred to as the 
``1997 ozone NAAQS'') in the Altoona, Blair County, Pennsylvania area 
(Altoona Area). This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before October 5, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0332 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David Talley, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2117. Mr. Talley can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On February 27, 2020, DEP submitted a 
revision to the Pennsylvania SIP to incorporate a plan for maintaining 
the 1997 ozone NAAQS in the Altoona Area through August 1, 2027, in 
accordance with CAA section 175A.

I. Background

    In 1979, under section 109 of the CAA, EPA established primary and 
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged 
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997 
(62 FR 38856),\1\ EPA revised the primary and secondary NAAQS for ozone 
to set the acceptable level of ozone in the ambient air at 0.08 ppm, 
averaged over an 8-hour period. EPA set the 1997 ozone NAAQS based on 
scientific evidence demonstrating that ozone causes adverse health 
effects at lower concentrations and over longer periods of time than 
was understood when the pre-existing 1-hour ozone NAAQS was set.
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    \1\ In March 2008, EPA completed another review of the primary 
and secondary ozone standards and tightened them further by lowering 
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 
Additionally, in October 2015, EPA completed a review of the primary 
and secondary ozone standards and tightened them by lowering the 
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
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    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the nation as attaining or not 
attaining the NAAQS. On April 30, 2004 (69 FR 23858), EPA designated 
the Altoona Area, which comprises Blair County, Pennsylvania, as 
nonattainment for the 1997 ozone NAAQS.
    Once a nonattainment area has three years of complete and certified 
air quality data that has been determined to attain the NAAQS, and the 
area has met the other criteria outlined in CAA section 
107(d)(3)(E),\2\ the state can

[[Page 54948]]

submit a request to EPA to redesignate the area to attainment. Areas 
that have been redesignated by EPA from nonattainment to attainment are 
referred to as ``maintenance areas.'' One of the criteria for 
redesignation is to have an approved maintenance plan under CAA section 
175A. The maintenance plan must demonstrate that the area will continue 
to maintain the standard for the period extending 10 years after 
redesignation, and it must contain such additional measures as 
necessary to ensure maintenance as well as contingency measures as 
necessary to assure that violations of the standard will be promptly 
corrected.
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    \2\ The requirements of CAA section 107(d)(3)(E) include 
attainment of the NAAQS, full approval under section 110(k) of the 
applicable SIP, determination that improvement in air quality is a 
result of permanent and enforceable reductions in emissions, 
demonstration that the state has met all applicable section 110 and 
part D requirements, and a fully approved maintenance plan under CAA 
section 175A.
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    On August 1, 2007 (72 FR 41906 effective August 1, 2007), EPA 
approved a redesignation request (and maintenance plan) from DEP for 
the Altoona Area. In accordance with section 175A(b), at the end of the 
eighth year after the effective date of the redesignation, the state 
must also submit a second maintenance plan to ensure ongoing 
maintenance of the standard for an additional 10 years.
    EPA's final implementation rule for the 2008 ozone NAAQS revoked 
the 1997 ozone NAAQS and provided that one consequence of revocation 
was that areas that had been redesignated to attainment (i.e, 
maintenance areas) for the 1997 ozone NAAQS no longer needed to submit 
second 10-year maintenance plans under CAA section 175A(b).\3\ However, 
in South Coast Air Quality Management District v. EPA \4\ (South Coast 
II), the United States Court of Appeals for the District of Columbia 
(D.C. Circuit) vacated EPA's interpretation that, because of the 
revocation of the 1997 ozone standard, second maintenance plans were 
not required for ``orphan maintenance areas,'' (i.e., areas like the 
Altoona Area) that had been redesignated to attainment for the 1997 
ozone NAAQS and were designated attainment for the 2008 ozone NAAQS. 
Thus, states with these ``orphan maintenance areas'' under the 1997 
ozone NAAQS must submit maintenance plans for the second maintenance 
period.
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    \3\ See 80 FR 12315 (March 6, 2015).
    \4\ 882 F.3d 1138 (D.C. Cir. 2018).
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    As previously discussed, CAA section 175A sets forth the criteria 
for adequate maintenance plans. In addition, EPA has published 
longstanding guidance that provides further insight on the content of 
an approvable maintenance plan, explaining that a maintenance plan 
should address five elements: (1) An attainment emissions inventory; 
(2) a maintenance demonstration; (3) a commitment for continued air 
quality monitoring; (4) a process for verification of continued 
attainment; and (5) a contingency plan. The 1992 Calcagni Memo \5\ 
provides that states may generally demonstrate maintenance by either 
performing air quality modeling to show that the future mix of sources 
and emission rates will not cause a violation of the NAAQS or by 
showing that future emissions of a pollutant and its precursors will 
not exceed the level of emissions during a year when the area was 
attaining the NAAQS (i.e., attainment year inventory). See 1992 
Calcagni Memo at p. 9. EPA further clarified in three subsequent 
guidance memos describing the conditions for allowing the submittal of 
less rigorous ``limited maintenance plans'' (LMPs) \6\ that the 
requirements of CAA section 175A could be met by demonstrating that the 
area's design value \7\ was well below the NAAQS and that the 
historical stability of the area's air quality levels showed that the 
area was unlikely to violate the NAAQS in the future. Specifically, EPA 
believes that if the most recent air quality design value for the area 
is at a level that is below 85% of the standard, or in this case below 
0.071 ppm, then EPA considers the state to have met the section 175A 
requirement for a demonstration that the area will maintain the NAAQS 
for the requisite period. Accordingly, on February 27, 2020, DEP 
submitted an LMP for the Altoona Area, following EPA's LMP guidance and 
demonstrating that the area will maintain the 1997 ozone NAAQS through 
August 1, 2027, i.e., through the entire 20-year maintenance period.
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    \5\ ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (1992 Calcagni Memo).
    \6\ See ``Limited Maintenance Plan Option for Nonclassifiable 
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air 
Quality Planning and Standards (OAQPS), dated November 16, 1994; 
``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6, 
1995; and ``Limited Maintenance Plan Option for Moderate 
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS, 
dated August 9, 2001.
    \7\ The ozone design value for a monitoring site is the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations. The design value for an ozone nonattainment 
area is the highest design value of any monitoring site in the area.
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II. Summary of SIP Revision and EPA Analysis

    DEP's February 27, 2020 SIP submittal outlines a plan for continued 
maintenance of the 1997 ozone NAAQS which addresses the criteria set 
forth in the 1992 Calcagni Memo as follows.

A. Attainment Emissions Inventory

    For maintenance plans, a state should develop a comprehensive and 
accurate inventory of actual emissions for an attainment year which 
identifies the level of emissions in the area which is sufficient to 
maintain the NAAQS. The inventory should be developed consistent with 
EPA's most recent guidance. For ozone, the inventory should be based on 
typical summer day's emissions of nitrogen oxides (NOX) and 
volatile organic compounds (VOC), the precursors to ozone formation. In 
the first maintenance plan for the Altoona Area, DEP used 2004 for the 
attainment year inventory, because 2004 was one of the years in the 
2003-2005 three-year period when the area first attained the 1997 ozone 
NAAQS.\8\ The Altoona Area continued to monitor attainment of the 1997 
ozone NAAQS in 2014. Therefore, the emissions inventory from 2014 
represents emissions levels conducive to continued attainment (i.e., 
maintenance) of the NAAQS. Thus, DEP is using 2014 as representing 
attainment level emissions for its second maintenance plan. 
Pennsylvania used 2014 summer day emissions from EPA's 2014 version 7.0 
modeling platform as the basis for the 2014 inventory presented in 
Table 1.\9\
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    \8\ For more information, see EPA's June 7, 2007 notice 
proposing to redesignate the Altoona Area to attainment for the 1997 
ozone NAAQS (72 FR 31495).
    \9\ For more information, visit https://www.epa.gov/sites/production/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx.

 Table 1--2014 Typical Summer Day NOX and VOC Emissions for the Altoona
                                  Area
                               (Tons/day)
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                                                      NOX         VOC
                 Source category                   emissions   emissions
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Point...........................................        2.51        0.90
Nonpoint........................................        3.73        6.96
Onroad..........................................        4.49        2.27
Nonroad.........................................        0.77        0.77
                                                 -----------------------
    Total.......................................       11.50       11.90
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    The data shown in Table 1 is based on the 2014 National Emissions 
Inventory (NEI) version 2.\10\ The inventory addresses four 
anthropogenic emission

[[Page 54949]]

source categories: Stationary (point) sources, stationary nonpoint 
(area) sources, nonroad mobile, and onroad mobile sources. Point 
sources are stationary sources that have the potential to emit (PTE) 
more than 100 tons per year (tpy) of VOC, or more than 50 tpy of 
NOX, and which are required to obtain an operating permit. 
Data are collected for each source at a facility and reported to DEP. 
Examples of point sources include kraft mills, electrical generating 
units (EGUs), and pharmaceutical factories. Nonpoint sources include 
emissions from equipment, operations, and activities that are numerous 
and in total have significant emissions. Examples include emissions 
from commercial and consumer products, portable fuel containers, home 
heating, repair and refinishing operations, and crematories. The onroad 
emissions sector includes emissions from engines used primarily to 
propel equipment on highways and other roads, including passenger 
vehicles, motorcycles, and heavy-duty diesel trucks. The nonroad 
emissions sector includes emissions from engines that are not primarily 
used to propel transportation equipment, such as generators, forklifts, 
and marine pleasure craft. EPA reviewed the emissions inventory 
submitted by DEP and proposes to conclude that the plan's inventory is 
acceptable for the purposes of a subsequent maintenance plan under CAA 
section 175A(b).
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    \10\ The NEI is a comprehensive and detailed estimate of air 
emissions of criteria pollutants, criteria precursors, and hazardous 
air pollutants from air emissions sources. The NEI is released every 
three years based primarily upon data provided by State, Local, and 
Tribal air agencies for sources in their jurisdictions and 
supplemented by data developed by EPA.
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B. Maintenance Demonstration

    In order to attain the 1997 ozone NAAQS, the three-year average of 
the fourth-highest daily average ozone concentrations (design value or 
``DV'') at each monitor within an area must not exceed 0.08 ppm. Based 
on the rounding convention described in 40 CFR part 50, appendix I, the 
standard is attained if the DV is 0.084 ppm or below. CAA section 175A 
requires a demonstration that the area will continue to maintain the 
NAAQS throughout the duration of the requisite maintenance period. 
Consistent with the prior guidance documents discussed previously in 
this document as well as EPA's November 20, 2018 ``Resource Document 
for 1997 Ozone NAAQS Areas: Supporting Information for States 
Developing Maintenance Plans'' (2018 Resource Document),\11\ EPA 
believes that if the most recent DV for the area is well below the 
NAAQS (e.g. below 85%, or in this case below 0.071 ppm), the section 
175A demonstration requirement has been met, provided that Prevention 
of Significant Deterioration (PSD) requirements, any control measures 
already in the SIP, and any Federal measures remain in place through 
the end of the second 10-year maintenance period (absent a showing 
consistent with section 110(l) that such measures are not necessary to 
assure maintenance).
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    \11\ This resource document is included in the docket for this 
rulemaking available online at https://www.regulations.gov, Docket 
ID: EPA-R03-OAR-2020-0332 and is also available at https://www.epa.gov/sites/production/files/2018-11/documents/ozone_1997_naaqs_lmp_resource_document_nov_20_2018.pdf.
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    For the purposes of demonstrating continued maintenance with the 
1997 ozone NAAQS, DEP provided 3-year DVs for the Altoona Area from 
2007 to 2018. This includes DVs for 2005-2007, 2006-2008, 2007-2009, 
2008-2010, 2009-2011, 2010-2012, 2011-2013, 2012-2014, 2013-2015, 2014-
2016, 2015-2017, and 2016-2018, which are shown in Table 2.\12\ In 
addition, EPA has reviewed the most recent ambient air quality 
monitoring data for ozone in the Altoona Area, as submitted by 
Pennsylvania and recorded in EPA's Air Quality System (AQS). The most 
recent DV (i.e. 2017-2019) is also shown in Table 2.\13\ There is one 
ambient air quality monitor located in the Altoona Area (AQS Site ID 
42-013-0801).
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    \12\ See also Table II-2 of DEP's February 27, 2020 submittal, 
included in the docket for this rulemaking available online at 
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2020-0332.
    \13\ This data is also included in the docket for this 
rulemaking available online at https://www.regulations.gov, Docket 
ID: EPA-R03-OAR-2020-0332 and is also available at https://www.epa.gov/air-trends/air-quality-design-values#report.

                                           Table 2--1997 Ozone NAAQS Design Values (ppm) for the Altoona Area
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 2005-2007   2006-2008   2007-2009   2008-2010   2009-2011   2010-2012   2011-2013   2012-2014   2013-2015   2014-2016   2015-2017  2016-2018  2017-2019
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   0.073       0.072       0.070       0.070       0.070       0.075       0.073       0.068       0.064       0.063       0.064          X      0.063
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    As can be seen in Table 2, DVs in the Altoona Area have been well 
below 85% of the 1997 ozone NAAQS (i.e., 0.071 ppm) since the 2012-2014 
design value. The most recent DV (i.e. 2017-2019) in the Altoona Area 
is 0.063 ppm, which is well below 85% of the 1997 ozone NAAQS. EPA 
notes that the DV for 2016-2018 for Altoona is represented by an ``X'' 
in Table 2 because the 2016-2018 DV does not meet the completeness 
criteria of 40 CFR part 50 appendix I, which require that the three-
year average data capture rate be at least 90%.\14\ The three-year 
average data capture for the Altoona Area monitor for the 2016-2018 
monitoring season was 89%. Therefore, the 2016-2018 DV, calculated as 
0.063 ppm, is invalid. According to DEP's February 27, 2020 submittal, 
this was due to UV lamp instability issues at the Blair County Monitor 
(AQS Site ID 42-013-0801). The issue was resolved and the monitor 
continues to record concentrations that are well below the 1997 ozone 
NAAQS.\15\ As Table 2 shows, DVs have remained below 85% of the 1997 
ozone NAAQS since 2012-2014. Additionally, the previous DV (2015-2017) 
and the subsequent DV (2017-2019) were 0.064 ppm and 0.063 ppm, 
respectively. Furthermore, in 2017, 2018, and 2019, there were zero 
instances in which the Blair County monitor recorded a highest daily 
ambient ozone concentration in excess of 0.084 ppm.\16\ Therefore, EPA 
has a high level of confidence that there is very little likelihood of 
future violations of the 1997 ozone NAAQS in the Altoona area, and that 
Pennsylvania's February 27, 2020 submittal is adequate.
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    \14\ 40 CFR part 50 appendix I, section 2.3(b) states that 
comparison to the 1997 ozone NAAQS is based on three consecutive, 
complete calendar years of air quality monitoring data. ``This 
requirement is met for the three-year period at a monitoring site if 
daily maximum 8-hour average concentrations are available for at 
least 90%, on average, of the days during the designated ozone 
monitoring season, with a minimum data completeness in any one year 
of at least 75% of the designated sampling days.''
    \15\ See FN1 on Page 2 of DEP's LMP.
    \16\ This data is also included in the docket for this 
rulemaking available online at https://www.regulations.gov, Docket 
ID: EPA-R03-OAR-2020-0332 and is also available at https://www.epa.gov/air-trends/air-quality-design-values#report.
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    Additionally, states can support the demonstration of continued 
maintenance by showing stable or improving air quality trends. 
According to EPA's 2018 Resource Document, several kinds of analyses 
can be performed by states wishing to make such a showing. One approach 
is to take

[[Page 54950]]

the most recent DV for the area and add the maximum design value 
increase (over one or more consecutive years) that has been observed in 
the area over the past several years. A sum that does not exceed the 
level of the 1997 ozone NAAQS may be a good indicator of expected 
continued attainment. As shown in Table 2 in this document, the largest 
increases in DVs from 2007 to 2019 was 0.005 ppm, which occurred 
between the 2009-2011 (0.070 ppm) and 2010-2012 (0.075 ppm) DVs. Adding 
0.005 ppm to the most recent DV of 0.063 ppm results in 0.068 ppm, a 
sum that is still below the 1997 ozone NAAQS.
    The Altoona Area has maintained air quality levels well below the 
1997 ozone NAAQS since the Area first attained the NAAQS in 2005.\17\ 
Additional supporting information that the area is expected to continue 
to maintain the standard can be found in projections of future year DVs 
that EPA recently completed to assist states with the development of 
interstate transport SIPs for the 2015 8-hour ozone NAAQS. Those 
projections, made for the year 2023, show that the DV for the Altoona 
Area is expected to be 0.063 ppm.\18\ Therefore, EPA proposes to 
determine that future violations of the 1997 ozone NAAQS in the Altoona 
Area are unlikely.
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    \17\ As explained in EPA's June 7, 2007 notice proposing to 
redesignate the Altoona Area as attainment for the 1997 ozone NAAQS 
(72 FR 31495), the 2003-2005 DV for the Altoona County Area was 
0.077 ppm.
    \18\ See U.S. EPA, ``Air Quality Modeling Technical Support 
Document for the Updated 2023 Projected Ozone Design Values'', 
Office of Air Quality Planning and Standards, dated June 2018, 
available at https://www.epa.gov/airmarkets/air-quality-modeling-technical-support-document-updated-2023-projected-ozone-design.
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C. Continued Air Quality Monitoring and Verification of Continued 
Attainment

    Once an area has been redesignated to attainment, the state remains 
obligated to maintain an air quality network in accordance with 40 CFR 
part 58, in order to verify the area's attainment status. In the 
February 27, 2020 submittal, DEP commits to continue to operate their 
air monitoring network in accordance with 40 CFR part 58. DEP also 
commits to track the attainment status of the Altoona Area for the 1997 
ozone NAAQS through the review of air quality and emissions data during 
the second maintenance period. This includes an annual evaluation of 
vehicles miles traveled (VMT) and stationary source emissions data 
compared to the assumptions included in the LMP. DEP also states that 
it will evaluate the periodic (i.e. every three years) emission 
inventories prepared under EPA's Air Emission Reporting Requirements 
(40 CFR part 51, subpart A). Based on these evaluations, DEP will 
consider whether any further emission control measures should be 
implemented for the Altoona Area. EPA has analyzed the commitments in 
DEP's submittal and is proposing to determine that they meet the 
requirements for continued air quality monitoring and verification of 
continued attainment.

D. Contingency Plan

    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must require that the state will implement all 
pollution control measures that were contained in the SIP before 
redesignation of the area to attainment. See section 175(A)(d) of the 
CAA.
    DEP's February 27, 2020 submittal includes a contingency plan for 
the Altoona Area. In the event that the fourth highest 8-hour ozone 
concentration at the Blair County monitor exceeds 84 ppb for two 
consecutive years, but prior to an actual violation of the NAAQS, DEP 
will evaluate whether additional local emission control measures should 
be implemented that may prevent a violation of the NAAQS.\19\ After 
analyzing the conditions causing the excessive ozone levels, evaluating 
the effectiveness of potential corrective measures, and considering the 
potential effects of federal, state, and local measures that have been 
adopted but not yet implemented, DEP will begin the process of 
implementing selected measures so that they can be implemented as 
expeditiously as practicable following a violation of the NAAQS. In the 
event of a violation, DEP commits to adopting additional emission 
reduction measures as expeditiously as practicable in accordance with 
the schedule included in the contingency plan as well as the CAA and 
applicable Pennsylvania statutory requirements.
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    \19\ A violation of the NAAQS occurs when an area's 3-year DV 
exceeds the NAAQS.
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    DEP will use the following criteria when considering additional 
emission reduction measures to adopt to address a violation of the 1997 
ozone NAAQS in the Altoona County Area: (1) Air quality analysis 
indicating the nature of the violation, including the cause, location, 
and source; (2) emission reduction potential, including extent to which 
emission generating sources occur in the nonattainment area; (3) 
timeliness of implementation in terms of the potential to return the 
area to attainment as expeditiously as practicable; and (4) costs, 
equity, and cost-effectiveness. The measures DEP would consider 
pursuing for adoption in the Altoona Area include, but are not limited 
to, those summarized in Table 3. If additional emission reductions are 
necessary, DEP commits to adopt additional emission reduction measures 
to attain and maintain the 1997 ozone NAAQS.

   Table 3--Altoona Area Second Maintenance Plan Contingency Measures
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Non-Regulatory Measures:
    Voluntary diesel engine ``chip reflash'' (installation software to
     correct the defeat device option on certain heavy-duty diesel
     engines).
    Diesel retrofit (including replacement, repowering or alternative
     fuel use) for public or private local onroad or offroad fleets.
    Idling reduction technology for Class 2 yard locomotives.
    Idling reduction technologies or strategies for truck stops,
     warehouses, and other freight-handling facilities.
    Accelerated turnover of lawn and garden equipment, especially
     commercial equipment, including promotion of electric equipment.
    Additional promotion of alternative fuel (e.g. biodiesel) for home
     heating and agricultural use.
Regulatory Measures: \20\

[[Page 54951]]

 
    Additional control on consumer products.\21\
    Additional controls on portable fuel containers.\22\
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    The contingency plan includes schedules for the adoption and 
implementation of both non-regulatory and regulatory contingency 
measures, including schedules for adopting potential land use planning 
strategies not listed in Table 3, which are summarized in Tables 4 and 
5, respectively.
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    \20\ These regulatory measures were considered potential cost-
effective and timely control strategies by the Ozone Transport 
Commission (OTC) as well as the Mid-Atlantic Regional Air Management 
Association and the Mid-Atlantic/Northeast Visibility Union. The OTC 
is a multi-state organization responsible for developing regional 
solutions to ground-level ozone pollution in the Northeast and Mid-
Atlantic, including the development of model rules that member 
states may adopt. OTC member states include: Connecticut, Delaware, 
the District of Columbia, Maine, Maryland, Massachusetts, New 
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, 
Vermont, and Virginia. For more information on the OTC, visit 
https://otcair.org/index.asp. To view the model rules developed by 
the OTC, including those for consumer products and portable fuel 
containers, visit https://otcair.org/document.asp?fview=modelrules.
    \21\ Pennsylvania's existing controls on consumer products are 
under 25 Pa. Code Chapter 130, Subchapters B and C (38 Pa.B. 5598). 
This contingency measure includes the adoption of additional 
controls on consumer products such as VOC limits for adhesive 
removers.
    \22\ Existing controls on portable fuel containers can be found 
under 40 CFR 59 subpart F--Control of Evaporative Emissions From New 
and In-Use Portable Fuel Containers.

    Table 4--Implementation Schedule for Altoona Area Non-Regulatory
                          Contingency Measures
------------------------------------------------------------------------
  Time after triggering event                    Action
------------------------------------------------------------------------
Within 2 months...............  DEP will identify stakeholders for
                                 potential non-regulatory measures for
                                 further development.
Within 3 months...............  If funding is necessary, DEP will
                                 identify potential sources of funding
                                 and the timeframe for when funds would
                                 be available.
Within 6 months...............  Work with the relevant planning
                                 commission(s) to identify potential
                                 land use planning strategies and
                                 projects with quantifiable and timely
                                 emission benefits. Work with the
                                 Pennsylvania Department of Community
                                 and Economic Development and other
                                 state agencies to assist these
                                 measures.
Within 9 months...............  If state loans or grants are required,
                                 DEP will enter into agreements with
                                 implementing organizations. DEP will
                                 also quantify projected emission
                                 benefits.
Within 12 months..............  DEP will submit revised SIP to EPA.
Within 12-24 months...........  DEP will implement strategies and
                                 projects.
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Table 5--Implementation Schedule for Altoona Area Regulatory Contingency
                                Measures
------------------------------------------------------------------------
  Time after triggering event                    Action
------------------------------------------------------------------------
Within 1 month................  DEP will submit request to begin
                                 regulatory development process.
Within 3 months...............  Request will be reviewed by the Air
                                 Quality Technical Advisory Committee
                                 (AQTAC), Citizens Advisory Council, and
                                 other advisory committees as
                                 appropriate.
Within 6 months...............  Environmental Quality Board (EQB)
                                 meeting/action.
Within 8 months...............  DEP will publish regulatory measure in
                                 the Pennsylvania Bulletin for comment
                                 as proposed rulemaking.
Within 10 months..............  DEP will hold a public hearing and
                                 comment period on proposed rulemaking.
Within 11 months..............  House and Senate Standing Committee and
                                 Independent Regulatory Review
                                 Commission (IRCC) comment on proposed
                                 rule.
Within 13 months..............  AQTAC, Citizens Advisory Council, and
                                 other committees will review responses
                                 to comment(s), if applicable, and the
                                 draft final rulemaking.
Within 16 months..............  EQB meeting/action.
Within 17 months..............  The IRCC will take action on final
                                 rulemaking.
Within 18 months..............  Attorney General's review/action.
Within 19 months..............  DEP will publish the regulatory measure
                                 as a final rulemaking in the
                                 Pennsylvania Bulletin and submit to EPA
                                 as a SIP revision. The regulation will
                                 become effective upon publication in
                                 the Pennsylvania Bulletin.
------------------------------------------------------------------------

    EPA proposes to find that the contingency plan included in DEP's 
February 27, 2020 submittal satisfies the pertinent requirements of CAA 
section 175A(d). EPA notes that while six of the potential contingency 
measures included in the Commonwealth's second maintenance plan are 
non-regulatory, their inclusion among other measures is overall SIP-
strengthening, and their inclusion does not alter EPA's proposal to 
find the LMP is fully approvable. EPA also finds that the submittal 
acknowledges Pennsylvania's continuing requirement to implement all 
pollution control measures that were contained in the SIP before 
redesignation of the Altoona Area to attainment.

E. Transportation Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's 
conformity rule at 40 CFR part 93 requires that transportation plans, 
programs and projects conform to SIPs and establish the criteria and 
procedures for determining whether or not they conform. The conformity 
rule generally requires a demonstration that emissions from the 
Regional Transportation Plan (RTP) and Transportation Improvement 
Program (TIP) are consistent with the motor vehicle emissions budget 
(MVEB)

[[Page 54952]]

contained in the control strategy SIP revision or maintenance plan (40 
CFR 93.101, 93.118, and 93.124). A MVEB is defined as ``that portion of 
the total allowable emissions defined in the submitted or approved 
control strategy implementation plan revision or maintenance plan for a 
certain date for the purpose of meeting reasonable further progress 
milestones or demonstrating attainment or maintenance of the NAAQS, for 
any criteria pollutant or its precursors, allocated to highway and 
transit vehicle use and emissions (40 CFR 93.101).''
    Under the conformity rule, LMP areas may demonstrate conformity 
without a regional emission analysis (40 CFR 93.109(e)). However, 
because LMP areas are still maintenance areas, certain aspects of 
transportation conformity determinations still will be required for 
transportation plans, programs, and projects. Specifically, for such 
determination, RTPs, TIPs, and transportation projects still will have 
to demonstrate that they are fiscally constrained (40 CFR 93.108), meet 
the criteria for consultation (40 CFR 93.105 and 93.112) and 
transportation control measure implementation in the conformity rule 
provisions (40 CFR 93.113). Additionally, conformity determinations for 
RTPs and TIPs must be determined no less frequently than every four 
years, and conformity of plan and TIP amendments and transportation 
projects is demonstrated in accordance with the timing requirements 
specified in 40 CFR 93.104. In addition, for projects to be approved, 
they must come from a currently conforming RTP and TIP (40 CFR 93.114 
and 93.115). The Altoona Area remains under the obligation to meet the 
applicable conformity requirements for the 1997 ozone NAAQS.

III. Proposed Action

    EPA's review of DEP's February 27, 2020 submittal indicates that it 
meets all applicable CAA requirements, specifically the requirements of 
CAA section 175A. EPA is proposing to approve the second maintenance 
plan for the Altoona Area as a revision to the Pennsylvania SIP. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rulemaking, proposing approval of 
Pennsylvania's second maintenance plan for the Altoona Area, does not 
have tribal implications as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000), because the SIP is not approved to apply in 
Indian country located in the State, and EPA notes that it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 4, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-17422 Filed 9-2-20; 8:45 am]
BILLING CODE 6560-50-P