[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6559-6561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2604]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0552; FRL-9262-7 ]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 2002 Base Year Emissions Inventory, Reasonable Further
Progress Plan, Contingency Measures, Reasonably Available Control
Measures, and Transportation Conformity Budgets for the Pennsylvania
Portion of the Philadelphia-Wilmington-Atlantic City 1997 8-Hour
Moderate Ozone Nonattainment Area
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 revision being
approved contains a 2002 base year emissions inventory, a reasonable
further progress (RFP) plan, RFP contingency measures demonstration,
and reasonably available control measure (RACM) demonstration for the
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City
moderate 1997 8-hour ozone nonattainment area. This rulemaking applies
only to the Pennsylvania portion of this multi-state nonattainment
area--an area that also lies in part in New Jersey, Maryland, and
Delaware. EPA is simultaneously approving transportation conformity
motor vehicle emissions budgets (MVEBs) associated with this same SIP
revision. EPA is approving this SIP revision because it satisfies Clean
Air Act (CAA) requirements for the 2002 emissions inventory, RFP, RACM,
RFP contingency measures, and transportation conformity requirements--
as defined by the CAA for areas classified as moderate nonattainment
for the 1997 8-hour ozone national ambient air quality standard
(NAAQS). EPA is approving the SIP revision in accordance with the
requirements of the CAA and EPA regulations.
DATES: This final rule is effective on March 9, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0552. All documents in the docket are listed in
the http://www.regulations.gov Web site. 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 http://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 Environmental 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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On November 5, 2010 (75 FR 68251), EPA published a
notice of proposed rulemaking (or proposed rulemaking) for the
Commonwealth of Pennsylvania. The notice of proposed rulemaking
proposed EPA's approval of Pennsylvania's 2002 base year emissions
inventory, RFP plan, RFP contingency measures, RACM, and MVEBs for the
Commonwealth's portion of the Philadelphia-Wilmington-Atlantic City
moderate 1997 8-hour ozone nonattainment area. EPA is approving the SIP
revision because it satisfies the emissions inventory, RFP, RACM, RFP
contingency measures, and transportation conformity requirements
[[Page 6560]]
of section 110 and part D of the CAA and associated EPA regulations.
This SIP revision was formally submitted by the Pennsylvania Department
of Environmental Protection (PA DEP) on August 29, 2007, and was
formally amended by PA DEP on December 10, 2009 and again on April 12,
2010.
II. Summary of SIP Revision
The SIP revision (and subsequent SIP amendments) address the
emissions inventory, RFP, RACM, and RFP contingency measures
requirements for the 1997 8-hour ozone NAAQS for the Pennsylvania
portion of the Philadelphia-Wilmington-Atlantic City 8-hour ozone
moderate nonattainment area. The SIP revision also establishes MVEBs
for 2008. Other specific requirements of Pennsylvania's August 29, 2007
SIP revision (as amended in December 2009 and April 2010) for the
Philadelphia-Wilmington-Atlantic City 8-hour ozone nonattainment area
and EPA's rationale for our proposed action are explained in the
November 5, 2010 proposed rulemaking and will not be restated here. A
more detailed description of the August 2007 SIP revision, as well as
the substance of each of the subsequent SIP amendments is discussed in
detail in EPA's November 5, 2010 proposed rulemaking. No public
comments were received on EPA's November 2010 proposed rulemaking.
III. Final Action
EPA is approving the 2002 base year emissions inventory; the 2008
ozone projected emission inventory; the 2008 RFP plan; RFP contingency
measures; RACM analysis; and 2008 transportation conformity budgets for
the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City
8-hour ozone nonattainment area, contained in Pennsylvania's August 29,
2007 SIP revision (as formally amended by Pennsylvania in December 2009
and April 2010) for the Philadelphia-Wilmington-Atlantic City 8-hour
ozone nonattainment area. The SIP revision satisfies the requirements
for 1997 8-hour ozone NAAQS nonattainment areas classified as moderate
and demonstrates reasonable further progress in reducing ozone
precursors.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 8, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
This action to approve the emission inventory, RFP demonstration,
RACM determination, RFP contingency measures, and MVEBs may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: January 24, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
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 NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by
adding, at the end of the table, entries for ``Reasonable Further
Progress Plan (RFP), Reasonably Available Control Measures, and RFP
Contingency Measures''; 2002 Base Year Emissions Inventory for Volatile
Organic Compounds (VOC), Nitrogen Oxides (NOX), and Carbon
Monoxide (CO)''; and ``2008 RFP Transportation Conformity Motor Vehicle
Emission Budgets'' to read as follows:
[[Page 6561]]
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
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* * * * * * *
Reasonable Further Progress Pennsylvania 8/29/07, 12/10/ 2/7/11 [Insert
Plan (RFP), Reasonably portion of the 09, 4/12/10). page number
Available Control Measures, Philadelphia- where the
and RFP Contingency Measures. Wilmington- document begins].
Atlantic City,
PA-DE-MD-NJ 1997
8-hour ozone
moderate
nonattainment
area.
2002 Base Year Emissions Pennsylvania 8/29/07, 12/10/ 2/7/11 [Insert
Inventory for Volatile Organic portion of the 09, 4/12/10. page number
Compounds (VOC), Nitrogen Philadelphia- where the
Oxides (NOX), and Carbon Wilmington- document begins].
Monoxide (CO). Atlantic City,
PA-DE-MD-NJ 1997
8-hour ozone
moderate
nonattainment
area.
2008 RFP Transportation Pennsylvania 8/29/07, 12/10/ 2/7/11 [Insert
Conformity Motor Vehicle portion of the 09, 4/12/10. page number
Emission Budgets. Philadelphia- where the
Wilmington- document begins].
Atlantic City,
PA-DE-MD-NJ 1997
8-hour ozone
moderate
nonattainment
area.
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* * * * *
0
3. Section 52.2036 is amended by revising the section heading and by
adding paragraph (o) to read as follows:
Sec. 52.2036 Base Year Emissions Inventory.
* * * * *
(o) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2002 base year emissions inventories for the
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA-
DE-MD-NJ 1997 8-hour ozone moderate nonattainment area submitted by the
Secretary of the Pennsylvania Department of Environmental Protection on
August 29, 2007 (as formally amended by Pennsylvania on December 10,
2009 and on April 12, 2010). This submittal consists of the 2002 base
year point, area, non-road mobile, and on-road mobile source emission
inventories for this area, for the following pollutants: Volatile
organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides
(NOX).
0
4. Section 52.2037 is amended by adding paragraphs (o) and (p) to read
as follows:
Sec. 52.2037 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(o) EPA approves revisions to the Pennsylvania State Implementation
Plan consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measure demonstration, and contingency
measures for the Pennsylvania portion of the Philadelphia-Wilmington-
Atlantic City, PA-DE-MD-NJ 1997 8-hour ozone moderate nonattainment
area submitted by the Secretary of the Pennsylvania Department of
Environmental Protection on August 29, 2007 (as formally amended by
Pennsylvania on December 10, 2009 and April 12, 2010).
(p) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Pennsylvania portion of the Philadelphia-
Wilmington-Atlantic City, PA-DE-MD-NJ 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Pennsylvania
Department of Environmental Protection on August 29, 2007 (as formally
amended by Pennsylvania on December 10, 2009):
Transportation Conformity Emissions Budgets for the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic
City, PA-DE-MD-NJ Area
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Effective date of
Type of control strategy SIP Year VOC (TPD) NOX (TPD) adequacy determination or
SIP approval
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Rate of Progress Plan............. 2008 61.09 108.78 January 5, 2009 (73 FR
77682), published
December 19, 2008.
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[FR Doc. 2011-2604 Filed 2-4-11; 8:45 am]
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