[Federal Register: November 19, 2007 (Volume 72, Number 222)]
[Rules and Regulations]
[Page 64948-64951]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no07-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 81
[EPA-R03-OAR-2007-0605; FRL-8497-1]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Scranton/Wilkes-Barre 8-Hour Ozone
Nonattainment Area to Attainment and Approval of the Area's Maintenance
Plan and 2002 Base Year Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The Pennsylvania
Department of Environmental Protection (PADEP) is requesting that the
Scranton/Wilkes-Barre ozone nonattainment Area (or ``Area'') be
redesignated as attainment for the 8-hour ozone ambient air quality
standard (NAAQS). The Scranton/Wilkes-Barre Area is composed of
Lackawanna, Luzerne, Monroe, and Wyoming Counties. EPA is approving the
ozone redesignation request for Scranton/Wilkes-Barre Area. In
conjunction with its redesignation request, PADEP submitted a SIP
revision consisting of a maintenance plan for Scranton/Wilkes-Barre
Area that provides for continued attainment of the 8-hour ozone NAAQS
for at least 10 years after redesignation. EPA is approving the 8-hour
maintenance plan. PADEP also submitted a 2002 base year inventory for
the Scranton/Wilkes-Barre Area, which EPA is approving. In addition,
EPA is approving the adequacy determination for the motor vehicle
emission budgets (MVEBs) that are identified in the Scranton/Wilkes-
Barre Area maintenance plan for purposes of transportation conformity,
and is approving those MVEBs. EPA is approving the redesignation
request, and the maintenance plan and the 2002 base year emissions
inventory as revisions to the Pennsylvania SIP in accordance with the
requirements of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on December 19,
2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0605. All documents in the docket are listed in
the www.regulations.gov website. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 through www.regulations.gov or in hard
copy for public inspection 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 Environment
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 25, 2007 (72 FR 54390), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR
proposed approval of Pennsylvania's redesignation request and
maintenance plan SIP revisions for the Scranton/Wilkes-Barre Area that
provide for continued attainment of the 8-hour ozone NAAQS for at least
10 years after redesignation. The NPR also proposed approval of a 2002
base year emissions inventory for the Area. The formal SIP revisions
were submitted by PADEP on June 12, 2007. Other specific requirements
of Pennsylvania's redesignation request and maintenance plan SIP
revisions, and the rationales for EPA's proposed actions, are explained
in the NPR and will not be restated here. No public comments were
received on the NPR.
[[Page 64949]]
However, on December 22, 2006, the U.S. Court of Appeals for the
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard. (69 FR 23591, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C.Cir.
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v.
EPA, Docket No. 04-1201, in response to several petitions for
rehearing, the D.C. Circuit clarified that the Phase 1 Rule was vacated
only with regard to those parts of the rule that had been successfully
challenged. Therefore, the Phase 1 Rule provisions related to
classifications for areas currently classified under subpart 2 of Title
I, part D of the Act as 8-hour nonattainment areas, the 8-hour
attainment dates and the timing for emissions reductions needed for
attainment of the 8-hour ozone NAAQS remain effective. The June 8
decision left intact the Court's rejection of EPA's reasons for
implementing the 8-hour standard in certain nonattainment areas under
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been
successfully challenged. The June 8 decision reaffirmed the December
22, 2006 decision that EPA had improperly failed to retain measures
required for 1-hour nonattainment areas under the anti-backsliding
provisions of the regulations: (1) Nonattainment area New Source Review
(NSR) requirements based on an area's 1-hour nonattainment
classification; (2) Section 185 penalty fees for the 1-hour severe or
extreme nonattainment areas; and (3) measures to be implemented
pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making reasonable further progress toward
attainment of the 1-hour NAAQS, or for failure to attain NAAQS. In
addition, the June 8 decision clarified that the Court's reference to
conformity requirements for anti-backsliding purposes was limited to
requiring the continued use of the 1-hour motor vehicle emissions
budgets until 8-hour budgets were available for 8-hour conformity
determinations, which is already required under EPA's conformity
regulations. The Court thus clarified the 1-hour conformity
determinations are not required for anti-backsliding purposes.
For the reasons set forth in the proposal, EPA does not believe
that the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006 and June 8, 2007 decisions impose no
impediment to moving forward with redesignation of this area to
attainment, because even in the light of the Court's decisions,
redesignation is appropriate under the relevant redesignation
provisions of the CAA and longstanding policies regarding redesignation
requests.
II. Final Action
EPA is approving the Commonwealth of Pennsylvania's redesignation
request, maintenance plan, and 2002 base year emissions inventory SIP
revisions because they satisfy the requirements for approval. EPA has
evaluated Pennsylvania's redesignation request that was submitted on
June 12, 2007 and determined that it meets the redesignation criteria
set forth in section 107(d)(3)(E) of the CAA. EPA believes that the
redesignation request and monitoring data demonstrate that the
Scranton/Wilkes-Barre Area has attained the 8-hour ozone standard. The
final approval of this redesignation request will change the
designation of the Scranton/Wilkes-Barre Area from nonattainment to
attainment for the 8-hour ozone standard. EPA is approving the
maintenance plan for the Scranton/Wilkes-Barre Area submitted on June
12, 2007 as a revision to the Pennsylvania SIP. EPA is also approving
the MVEBs submitted by PADEP in conjunction with its redesignation
request. In addition, EPA is approving the 2002 base year emissions
inventory submitted by PADEP on June 12, 2007 as a revision to the
Pennsylvania SIP. In this final rulemaking, EPA is notifying the public
that we have found that the MVEBs for NOX and VOCs in the
Scranton/Wilkes-Barre Area for the 8-hour ozone maintenance plan are
adequate and approved for conformity purposes. As a result of our
finding, the Scranton/Wilkes-Barre Area must use the MVEBs from the
submitted 8-hour ozone maintenance plan for future conformity
determinations. The adequate and approved MVEBs are provided in the
following table:
Scranton/Wilkes-Barre Area Adequate and Approved Motor Vehicle Emissions
Budgets in Tons per Day (TPD)
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2009.................................................... 25.2 48.3
2018.................................................... 16.9 23.7
------------------------------------------------------------------------
The Scranton/Wilkes-Barre Area is subject to the CAA's requirement
for the basic nonattainment areas until and unless it is redesignated
to attainment.
III. 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.
Redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on sources.
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 (Pub. L. 104-4). This final 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). Because this action affects the status of a geographical area,
does not impose any new requirements on sources, or allows the state to
avoid adopting or implementing other requirements, 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 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 requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
[[Page 64950]]
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it approves a state rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. 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 CAA. Redesignation is an action that
affects the status of a geographical area and does not impose any new
requirements on sources. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 18, 2008. 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 the redesignation of the Scranton/Wilkes-
Barre Area to attainment for the 8-hour ozone NAAQS, the associated
maintenance plan, the 2002 base year emission inventory, and the MVEBs
identified in the maintenance plan, may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: November 8, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR parts 52 and 81 are 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 NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
an entry at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan Scranton-Wilkes- 06/12/07 11/19/07 [Insert
and 2002 Base Year Emissions Barre Area: page number where
Inventory. Lackawanna, the document
Luzerne, Monroe begins].
and Wyoming
Counties.
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* * * * *
PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.339, the table entitled ``Pennsylvania-Ozone (8-Hour
Standard)'' is amended by revising the entry for the Scranton-Wilkes-
Barre, PA, Lackawanna County, Luzerne County, Monroe County, Wyoming
County to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--Ozone (8-Hour Standard)
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Designation \a\ Category/classification
Designated area -----------------------------------------------------------------------------
Date\1\ Type Date \1\ Type
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* * * * * * *
Scranton-Wilkes-Barre, PA: 12/19/07 Attainment.
Lackawanna County, Luzerne
County, Monroe County, Wyoming
County.
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
[[Page 64951]]
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[FR Doc. E7-22446 Filed 11-16-07; 8:45 am]
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