FR Doc 05-6503

[Federal Register: April 4, 2005 (Volume 70, Number 63)]
[Rules and Regulations]
[Page 16958-16964]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap05-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RME Docket Number; R03-OAR-2005-DC-0001, R03-OAR-2005-MD-0001, R03-
OAR-2005-PA-0010; FRL-7894-4]

Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia, Maryland, Virginia and Pennsylvania; Revised
Carbon Monoxide Maintenance Plans for Washington Metropolitan,
Baltimore and Philadelphia Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving State
Implementation Plan (SIP) revisions submitted by the District of
Columbia, the State of Maryland, the Commonwealth of Virginia, and the
Commonwealth of Pennsylvania that provide revised carbon monoxide (CO)
maintenance plans and transportation conformity budgets for the
Washington Metropolitan area, the Baltimore area, and the Philadelphia
area. These plans provide for continued maintenance of the National
Ambient Air Quality Standard (NAAQS) for CO. For the Washington
Metropolitan area, the District of Columbia formally submitted its
maintenance plan revision on March 9, 2004; the Maryland Department of
the Environment formally submitted its revision on March 3, 2004, and
the Commonwealth of Virginia submitted its revision on March 22, 2004.
The Maryland Department of the Environment formally submitted its
revision for the Baltimore area on July 15, 2004, previously having
submitted a parallel processing request of the same name on December
18, 2003. The Pennsylvania Department of Environmental Protection
formally submitted its revision for the Philadelphia area on September
3, 2004. In this action, EPA is approving the revised maintenance plans
and revised transportation conformity budgets for each respective CO
maintenance area. This action is being taken under section 110 of the
Clean Air Act (CAA).

DATES: This rule is effective on June 3, 2005 without further notice,
unless EPA receives adverse written comment by May 4, 2005. 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 Regional Material in
EDocket (RME) ID Number R03-OAR-2005-DC-0001 for the Washington
Metropolitan area plan, R03-OAR-2005-MD-0001 for the Baltimore area
plan, and/or R03-OAR-2005-PA-0010 for the Philadelphia area plan by one
of the following methods:
A. Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's

electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
D. Mail: R03-OAR-2005-DC-0001, R03-OAR-2005-MD-0001, and/or R03-
OAR-2005-PA-0010 Makeba Morris, Chief, Air Quality Planning Branch,
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
E. 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 RME ID No. R03-OAR-2005-DC-
0001, R03-OAR-2005-MD-0001, and/or R03-OAR-2005-PA-0010. EPA's policy
is that all comments received will be included in the public docket
without change, and may be made available online at http://www.docket.epa.gov/rmepub/
, 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 RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail 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
RME index at http://www.docket.epa.gov/rmepub/. 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 RME
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 material to be
incorporated by reference are available at the Air and Radiation Docket
and Information Center, U.S. Environmental Protection Agency, 1301
Constitution Avenue, NW, Room B108, Washington, DC 20460. Copies of the
respective State submittals are available at: District of Columbia
Department of Public Health, Air Quality Division, 51 N Street, NE.,
Washington, DC 20002; Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230;
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105; Virginia Department of Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219; Department of Public Health, Air
Management Services, 321 University Avenue, Philadelphia, Pennsylvania
19104.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814-
2174, or by e-mail at magliocchetti.catherine@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA. This supplementary information is organized
as follows.

Table of Contents

I. EPA Analysis of the Washington Metropolitan Carbon Monoxide

[[Page 16959]]

Maintenance/Attainment Area Using Limited Maintenance Area Criteria
A. Statutory Requirements and Previous Redesignation of the Area
to Attainment
B. Maintenance Plan Review--Subsequent Maintenance Plan
Revisions
C. Impact of This Revised Maintenance Plan on Conformity and the
Mobile Emissions Budget
D. Special Section Addressing Virginia Law
II. EPA Analysis of the Baltimore Carbon Monoxide Maintenance/
Attainment Area Using Limited Maintenance Area Criteria
A. Statutory Requirements and Previous Redesignation of the Area
to Attainment
B. Maintenance Plan Review--Subsequent Maintenance Plan
Revisions
C. Impact of This Revised Maintenance Plan on Conformity and the
Mobile Emissions Budget
III. EPA's Analysis of the Philadelphia Carbon Monoxide Maintenance/
Attainment Area Using Limited Maintenance Area Criteria
A. Statutory Requirements and Previous Redesignation of the Area
to Attainment
B. Maintenance Plan Review--Subsequent Maintenance Plan
Revisions
C. Impact of this Revised Maintenance Plan on Conformity and the
Mobile Emissions Budget
IV. Final Action
V. Statutory and Executive Order Reviews

I. EPA Analysis of the Washington Metropolitan Carbon Monoxide
Maintenance/Attainment Area Using Limited Maintenance Area Criteria

A. Statutory Requirements and Previous Redesignation of the Area to
Attainment

The Federal Clean Air Act, 42 U.S.C. 7401 et seq., as amended by
the Clean Air Act Amendments of 1990 (CAAA), requires all areas of the
nation to attain and maintain compliance with the national ambient air
quality standards (NAAQS), including the 8-hour carbon monoxide (CO)
standard.
In accordance with CAAA section 175A(a), the District of Columbia,
the State of Maryland and the Commonwealth of Virginia submitted a CO
maintenance plan for the Washington Metropolitan area in 1995, covering
the period 1996-2007. EPA approved that maintenance plan, effective
March 16, 1996 (61 FR 2931, 1/30/96). In accordance with section
175A(b), the region is required to submit a revised maintenance plan
within eight years of its redesignation as an attainment area. The
revised maintenance plan must provide for maintenance of the carbon
monoxide standard for an additional ten years. This maintenance plan is
submitted to fulfill that requirement, and provides for continued
attainment of the CO standard in the Washington Metropolitan attainment
area through March 16, 2016. Emissions projections to the year 2016,
from this maintenance plan, are consistent with ambient CO levels below
the NAAQS.
The maintenance plan approved in 1996 established a motor vehicle
emissions budget of 1671.5 tons per day (tpd) of CO, apportioned among
the three jurisdiction as follows: 369.3tpd for the District of
Columbia, 1045.2 tpd for Maryland and 257.0 tpd for Virginia. The
revised maintenance plan does not change the CO emissions budget for
conformity purposes, as is discussed below.

B. Maintenance Plan Review--Subsequent Maintenance Plan Revisions

The Clean Air Act requires the State to submit a revision of the
SIP 8 years after the original redesignation request is approved to
provide for maintenance of the NAAQS for an additional 10 years
following the first 10-year period [see section 175A(b)].
In addition, the maintenance plan shall contain such contingency
measures as the Administrator deems necessary to ensure prompt
correction of any violation of the NAAQS [see section 175A(d)]. Failure
to maintain the NAAQS and triggering of the contingency plan will not
necessitate a revision of the SIP unless required by the Administrator,
as stated in section 175A(d). Under the limited maintenance plan
option, the following criteria must be met by the state:
i. Attainment Inventory--EPA guidance recommends that the CO
attainment inventory be based upon actual ``typical CO season day''
emissions for the attainment year. This generally corresponds to one of
the periodic inventories required for nonattainment areas.
The maintenance plan for the first 10-year maintenance period
contained a base-year inventory of 1990. The anticipated change in
emissions levels from the attainment year was used to estimate the
future air quality levels. The analysis for the Washington Metropolitan
area in this second 10-year maintenance plan documents a revised base-
year inventory. Use of a revised 1990 base-year inventory for this
purpose is acceptable, since the area was monitoring attainment during
this time period. The base-year inventory is based upon actual
``typical CO season days.'' As part of the revised maintenance plan,
the revised base-year emissions inventory will be updated and approved
as part of this rulemaking for maintenance plan purposes.
Conformity budgets will remain at the original level, as discussed
below, and per the request of each jurisdiction.
ii. Maintenance Demonstration--This maintenance demonstration for
CO calculates future emissions of the pollutant out to the year 2016,
and projects that the level of emissions will not exceed the level
emitted in the attainment inventory. Since the Washington DC-MD-VA CO
nonattainment area was classified as a moderate CO area, with a design
value less than 12.7 ppm, the areas were not required to do further
modeling to demonstrate attainment of the CO standard. The use of 2016
as the projected year allows ample time for EPA to process the request.
The maintenance plan assumed the following emission control programs,
which are or will be permanent and enforceable measures: Enhanced
Vehicle Emissions I/M programs in each jurisdiction, Reformulated
Gasoline (on-road), Federal Tailpipe Standards and Regulations
(including on-road and off-road sources and small engines), and
reductions in stationary sources from implementation of BACT (Best
Available Control Technology), and other combustion improvements.
iii. Monitoring Network--The monitoring data is quality assured in
accordance with 40 CFR 58, and EPA has repeatedly verified the
integrity of the Washington DC-MD-VA area's air monitoring network. In
addition, EPA approved the site selection of each CO monitor, and EPA
agrees that the air monitoring network serves as a reliable indicator
of ambient concentrations of air pollutants.
iv. Verification of Continued Attainment--CO inventories will be
included as part of the Consolidated Emission Reporting Rule (CERR)
during the maintenance period to ensure that the Washington
Metropolitan attainment area remains in compliance with the CO NAAQS.
The Metropolitan Washington region has remained in attainment for the
federal 8-hour standard for carbon monoxide since its redesignation in
1996. Monitor data for the nonattainment area continue to show downward
trends in the ambient levels of CO. Current and projected inventories
also remain below the attainment inventory.
v. Contingency Plan--Each of the three jurisdictions continues to
designate the oxygenated fuel program as a contingency measure for the
region's maintenance plan. The states propose to re-implement the
oxygenated fuels program if a monitor in the network were to detect two
exceedances in one calendar year. Implementation of an oxygenated fuels
program would increase the percentage oxygenate requirement to 2.7%
from the 2.0%

[[Page 16960]]

currently mandated under the region's reformulated gasoline program.

C. Impact of This Revised Maintenance Plan on Conformity and the Mobile
Emissions Budget

Under 40 CFR Parts 51 and 93, as part of the SIP process, the three
jurisdictions, in consultation with the Transportation Planning Board,
establish a mobile source emissions budget, under the interagency
consultation process, to be used for transportation conformity
purposes. The motor vehicle emissions budget establishes a cap on
emissions, which cannot be exceeded by predicted highway and transit
vehicle emissions.
Since mobile source estimates were updated during the development
of this SIP revision, using updated planning assumptions and the
MOBILE6 model, a revised estimate of the 1990 attainment year inventory
has been calculated. This revised estimate of 2589.5 tpd for the area
is higher than the estimate of 1671.5 tpd included in the 1995 plan as
the attainment year inventory. Despite the revised inventory, the
emissions budget will remain at 1671.5 tpd (which is equal to 90% of
the 1990 attainment year inventory, as projected in the 1995 plan). The
CO budget for the Washington DC-MD-VA maintenance area is ascribed as
follows: 369.3 tpd for the District of Columbia, 1045.1 tpd for the
Maryland area, and 257.0 tpd for the Virginia area, totaling 1671.5 tpd
for the entire maintenance area, which remains acceptable to EPA.

D. Special Section Addressing Virginia Law

In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * *.'' The opinion
concludes that ``[r]egarding section 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.'' Therefore,
EPA has determined that Virginia's Privilege and Immunity statutes will
not preclude the Commonwealth from enforcing its program consistent
with the Federal requirements. In any event, because EPA has also
determined that a state audit privilege and immunity law can affect
only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

II. EPA Analysis of the Baltimore Carbon Monoxide Maintenance/
Attainment Area Using Limited Maintenance Area Criteria

A. Statutory Requirements and Previous Redesignation of the Area to
Attainment

The Federal Clean Air Act, 42 U.S.C. 7401 et seq., as amended by
the Clean Air Act Amendments of 1990 (CAAA), requires all areas of the
nation to attain and maintain compliance with the national ambient air
quality standards (NAAQS), including the 8-hour carbon monoxide (CO)
standard.
In accordance with CAAA section 175A(a), the State of Maryland
submitted a CO maintenance plan for the Baltimore area in 1995,
covering the period 1995-2007. EPA approved that maintenance plan
effective December 15, 1995 (60 FR 55325, 10/31/95). In accordance with
section 175A(b), the region is required to submit a revised maintenance
plan within eight years of its redesignation as an attainment area.
This maintenance plan is submitted to fulfill that requirement, and
provides for continued attainment of the CO standard in the Baltimore
attainment area through 2015. Emissions projections to the year 2015,
from this maintenance plan, are consistent with ambient CO levels below
the NAAQS.
The maintenance plan that became effective in 1996 established a
motor vehicle emissions budget of 1689.8 tons per day of CO. The
revised maintenance plan does not change the CO emissions budget for
conformity purposes, as is discussed below.

B. Maintenance Plan Review--Subsequent Maintenance Plan Revisions

[[Page 16961]]

the Administrator, as stated in section 175A(d). Under the limited
maintenance plan option, the following criteria must be met by the
state:
i. Attainment Inventory--EPA guidance recommends that the CO
attainment inventory be based upon actual ``typical CO season day''
emissions for the attainment year. This generally corresponds to one of
the periodic inventories required for nonattainment areas. The
maintenance plan for the first 10-year maintenance period contained a
base-year inventory of 1990. The anticipated change in emissions levels
from the attainment year was used to estimate the future air quality
levels. Maryland's analysis for Baltimore in this second 10-year
maintenance plan documents a revised base-year inventory. Maryland's
use of a revised 1990 base-year inventory for this purpose is
acceptable, since the area was monitoring attainment during this time
period. Maryland's base-year inventory for Baltimore is based upon
actual ``typical CO season days.'' As part of the revised maintenance
plan, the revised base-year emissions inventory will be updated and
approved as part of this rulemaking for maintenance plan purposes.
ii. Maintenance Demonstration--Maryland's maintenance demonstration
for the Baltimore area for CO calculates future emissions of the
pollutant out to the year 2015, and projects that the level of
emissions will not exceed the level emitted in the attainment
inventory. Since the Baltimore CO nonattainment area was classified as
a moderate CO area, with a design value less than 12.7 ppm, the state
was not required to do further modeling to demonstrate attainment of
the CO standard. Maryland's use of 2015 as the projected year allows
ample time for EPA to process the request. Maryland's maintenance plan
for Baltimore assumed the following emission control programs, which
are or will be permanent and enforceable measures: FMVCP (Federal Motor
Vehicle Control Program), the 1992 Reid Vapor Pressure Programs, Tier I
and Tier II controls, Evaporative Emission Control Program, Federal
Reformulated Gasoline Program Phase I and Phase II, Enhanced Inspection
and Maintenance, Low Emission Vehicles, and On-Board Controls.
iii. Monitoring Network--The monitoring data is quality assured in
accordance with 40 CFR 58, and EPA has repeatedly verified the
integrity of Maryland's air monitoring network. In addition, EPA
approved the site selection of each CO monitor, and EPA agrees that the
air monitoring network serves as a reliable indicator of ambient
concentrations of air pollutants.
iv. Verification of Continued Attainment--Maryland will
periodically conduct a comprehensive review of the factors that were
used to develop the attainment inventory and project the CO emissions
levels for 2015. If there are significant differences between the
actual and projected growth, then Maryland has committed to creating
updated emissions inventories to compare with the projections.
v. Contingency Plan--Through COMAR 03.03.06, Maryland adopted the
oxygenated fuel program as a contingency measure. If a monitor in the
Central Business District experiences a violation of the CO standard--
two exceedances of the standard within one year, then the oxygenated
fuel program will automatically resume the following CO season.

C. Impact of This Revised Maintenance Plan on Conformity and the Mobile
Emissions Budget

Under 40 CFR Parts 51 and 93, as part of the SIP process, Maryland
establishes an emissions budget, under the interagency consultation
process, to be used for transportation conformity purposes. The motor
vehicle emissions budget establishes a cap on emissions, which cannot
be exceeded by predicted highway and transit vehicle emissions.
Since mobile source estimates were updated during the development
of this SIP revision, using updated planning assumptions and the
MOBILE6 model, Maryland now estimates that 2452.1 tons of CO per day
were emitted in 1990 from on-road mobile sources, when the original
attainment budget was established. This differs with the redesignation
request and maintenance plan submitted in 1995, which estimated 1789.80
tons of CO per day, and which led to setting the conformity budget at
1689.9 tons per day (the base year emissions level minus a cushion of
100 tons per day.) For conformity purposes, Maryland has stated in this
revised maintenance plan that it will retain the mobile budget of
1689.8 tons per day of CO, which remains acceptable to EPA.

III. EPA Analysis of the Philadelphia Carbon Monoxide Maintenance/
Attainment Area Using Limited Maintenance Plan Criteria

A. Statutory Requirements and Previous Redesignation of the Area to
Attainment

The Federal Clean Air Act, 42 U.S.C. 7401 et seq., as amended by
the Clean Air Act Amendments of 1990 (CAAA), requires all areas of the
nation to attain and maintain compliance with the national ambient air
quality standards (NAAQS), including the 8-hour carbon monoxide (CO)
standard.
In accordance with CAAA section 175A(a), the Commonwealth of
Pennsylvania submitted a CO maintenance plan in 1995, covering the
period 1997-2007. EPA approved this maintenance plan effective March
15, 1996 (61 FR 2926, 1/30/96). In accordance with section 175A(b), the
region is required to submit a revised maintenance plan within eight
years of its redesignation as an attainment area. The revised
maintenance plan must provide for maintenance of the carbon monoxide
standard for an additional ten years. This maintenance plan is
submitted to fulfill that requirement, and provides for continued
attainment of the CO standard in the Philadelphia attainment area
through 2017. Emissions projections to the year 2017, from this
maintenance plan, are consistent with ambient CO levels below the
NAAQS.
The maintenance plan that became effective in 1996 established a
motor vehicle emissions budget of 334.33 tons per day of CO, which is
revised in this action as discussed below.

B. Maintenance Plan Review--Subsequent Maintenance Plan Revisions

[[Page 16962]]

in this second 10-year maintenance plan documents a base-year inventory
of 2002. The 2002 emission inventory was selected because it is current
and representative of the emissions in Philadelphia County during the
period air quality data has shown maintenance of the CO NAAQS. The
inventory contains emission estimates of point, area, highway and
nonroad sources of CO in Philadelphia County for the year, and for a
typical CO season workday. The CO season is defined as the months of
December, January and February. The 2002 inventory will be used to
project point and area emissions to future years.
As part of the revised maintenance plan, the revised attainment
year emissions inventory will be updated and approved as part of this
rulemaking for maintenance plan purposes. Conformity budgets will be
amended, as discussed below.
ii. Maintenance Demonstration--Pennsylvania's maintenance
demonstration for CO calculates future emissions of the pollutant out
to the year 2017, and projects that the level of emissions will not
exceed the level emitted in the attainment inventory. Since the
Philadelphia CO nonattainment area was classified as a moderate CO
area, with a design value less than 12.7 ppm, the Commonwealth was not
required to do further modeling to demonstrate attainment of the CO
standard. Philadelphia's use of 2017 as the projected year allows ample
time for EPA to process the request.
Pennsylvania's maintenance plan assumed the following emission
control programs, which are or will be permanent and enforceable
measures: FMVCP (Federal Motor Vehicle Control Program), reformulated
gasoline, and the state inspection and maintenance (I/M) program. The
impact of these programs provides for emission to remain well below
those that brought about the attainment of the NAAQS for the area.
iii. Monitoring Network--The monitoring data is quality assured in
accordance with 40 CFR 58, and EPA has repeatedly verified the
integrity of the Philadelphia area's air monitoring network. In
addition, EPA approved the site selection of each CO monitor, and EPA
agrees that the air monitoring network serves as a reliable indicator
of ambient concentrations of air pollutants.
iv. Verification of Continued Attainment--Pennsylvania will
continue to operate an air quality monitoring network, and the
Department has committed to investigate should ambient levels of CO
rise and threaten to exceed the NAAQS.
v. Contingency Plan--The Commonwealth has revised its existing
oxygenated fuel program rule, at Chapter 126.1 of Title 25 of the
Pennsylvania Code, to permit the use of oxygenated fuel as a
contingency measure in the Philadelphia region, if required. If
triggered, implementation would commence at the beginning of the
following control season. The trigger for such a measure would be a
measured violation of the NAAQS for CO.

C. Impact of This Revised Maintenance Plan on Conformity and the Mobile
Emissions Budget

Under 40 CFR Parts 51 and 93, as part of the SIP process,
Pennsylvania establishes an emissions budget, under the interagency
consultation process, to be used for transportation conformity
purposes. The motor vehicle emissions budget establishes a cap on
emissions, which cannot be exceeded by predicted highway and transit
vehicle emissions.
As part of the SIP revision, Pennsylvania has submitted new
transportation conformity budgets that will supercede the previous
allowances. Highway CO emissions will now be capped for conformity
purposes as follows: 331.25 tpd in 2007, 278.23 tpd in 2013, and 260.97
tpd in 2017.

IV. Final Action

In this action, EPA is approving the revised CO maintenance plans
for the Washington Metropolitan area, submitted by District of Columbia
on March 9, 2004; the Maryland Department of the Environment on March
3, 2004, and the Commonwealth of Virginia on March 22, 2004; for the
Baltimore area, submitted by the Maryland Department of the Environment
on July 15, 2004, previously having submitted a parallel processing
request of the same name on December 18, 2003; and for the Philadelphia
area, submitted by the Pennsylvania Department of Environmental
Protection on September 3, 2004. We are also approving the revised
transportation conformity motor vehicle emission budgets for CO for
each respective area.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and we anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register publication, 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 June 3, 2005 without further
notice unless the Agency receives adverse comments by May 4, 2005. If
the EPA receives adverse comments, 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. The 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.

V. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various

[[Page 16963]]

levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 rule 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. This rule 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 3, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.
This action approving State Implementation Plan (SIP) revisions to
the carbon monoxide (CO) maintenance plans and transportation
conformity budgets for the Washington Metropolitan area, the Baltimore
area, and the Philadelphia 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, Carbon monoxide,
Intergovernmental relations.

Dated: March 18, 2005.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart J--District of Columbia

0
2. In section 52.470, the table in paragraph (e) is amended by revising
the existing entry for Carbon Monoxide Maintenance Plan to read as
follows:

Sec. 52.470 Identification of plan.

* * * * *
(e) * * *

----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal Additional
revision nonattainment date EPA approval date explanation
area
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Carbon Monoxide Maintenance Washington, DC.. 10/12/95 1/30/96, 61 FR 2931.. 52.515(c)(36)
Plan. 3/9/04 [Insert Federal Revised Carbon
Register page number Monoxide
where the document Maintenance Plan
begins and date]. Base Year Emissions
Inventory using
MOBILE6.
----------------------------------------------------------------------------------------------------------------

Subpart V--Maryland

0
3. In Section 52.1070, the table in paragraph (e) is amended by
revising the two existing entries for Carbon Monoxide Maintenance Plan
to read as follows:

Sec. 52.1070 Identification of plan.

* * * * *
(e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
State submittal
Name of non-regulatory SIP revision Applicable geographic area date EPA approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Carbon Monoxide Maintenance Plan...... City of Baltimore-Regional 9/20/95 10/31/95, 60 FR 55321........ 52.1100(c)(117)
Planning District 118. 7/15/04 [Insert Federal Register Revised Carbon Monoxide
publication date] [Insert Maintenance Plan Base Year
page number where the Emissions Inventory using
document begins]. MOBILE6.
Carbon Monoxide Maintenance Plan...... Montgomery County Election 10/12/95 1/30/96, 61 FR 2931.......... 52.1100(c)(118)
Districts 4, 7, and 13; 3/3/04 [Insert Federal Register Revised Carbon Monoxide
Prince Georges County publication date] [Insert Maintenance Plan Base Year
Election Districts 2, 6, 16, page number where the Emissions Inventory using
17 and 18. document begins]. MOBILE6.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 16964]]

Subpart NN--Pennsylvania

0
4. In Section 52.2020, the table in paragraph (e)(1) is amended by
revising the existing entry for Carbon Monoxide Maintenance Plan
(Philadelphia County) to read as follows:

Sec. 52.2020 Identification of plan.

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

* * * * * * *
Carbon Monoxide Maintenance Plan...... Philadelphia County........... 9/8/95, 10/30/95 1/30/96, 61 FR 2982.......... 52.2063(c)(105)
9/3/04 [Insert Federal Register Revised Carbon Monoxide
publication date] [Insert Maintenance Plan Base Year
page number where the Emissions Inventory using
document begins]. MOBILE6.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Subpart VV--Virginia

0
5. In Section 52.2420, the table in paragraph (e) is amended by
revising the existing entry for Carbon Monoxide Maintenance Plan to
read as follows:

Sec. 52.2420 Identification of plan

* * * * *
(e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic or State submittal
Name of non-regulatory SIP revision nonattainment area date EPA approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Carbon Monoxide Maintenance Plan...... Arlington County and 10/4/95 1/30/96, 61 FR 2931.......... 52.2465(c)(107)
Alexandria City. 3/22/04 [Insert Federal Register Revised Carbon Monoxide
publication date] [Insert Maintenance Plan Base Year
page number where the Emissions Inventory using
document begins]. MOBILE6.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 05-6503 Filed 4-1-05; 8:45 am]

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