Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Lancaster 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Associated Maintenance Plan and 2002 Base-Year Inventory, 27265-27276 [E7-9296]
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Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Proposed Rules
The notice of proposed
rulemaking is withdrawn on May 15,
2007.
ENVIRONMENTAL PROTECTION
AGENCY
Mr.
Barry Dragon, Project Officer, Seventh
Coast Guard District, Bridge Branch, at
(305) 415–6743.
[EPA–R03–OAR–2006–0840; FRL–8314–2]
DATES:
40 CFR Parts 52 and 81
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2006, we published a
notice of proposed rulemaking entitled
‘‘Drawbridge Operation Regulations;
Little River (S–20) Bridge, Atlantic
Intracoastal Waterway Mile 347.3, Horry
County, SC’’ in the Federal Register (71
FR 16527). The rulemaking concerned
changing the current ‘‘on demand’’
schedule to an on the hour, twenty
minutes past the hour and forty minutes
pass the hour schedule.
Withdrawal
A new high level fixed bridge was
constructed within close proximity of
the moveable bridge, thereby providing
an alternative for existing traffic and
allowing for a reduction of vehicular
traffic on the moveable bridge. The
Little-River Bridge crosses the Atlantic
Intracoastal Waterway and has an
average of fewer than two openings per
hour. Additionally, all of the comments
received during the comment period of
the notice of proposed rulemaking were
in favor of keeping the current ‘‘on
demand’’ schedule.
Authority: This action is taken under the
authority of 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
Dated: September 19, 2006.
J.A. Watson,
Captain, U.S. Coast Guard, Acting
Commander, Seventh Coast Guard District.
Editorial Note: This document was
received at the Office of the Federal Register
on May 10, 2007.
[FR Doc. E7–9267 Filed 5–14–07; 8:45 am]
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Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation of the
Lancaster 8-Hour Ozone
Nonattainment Area to Attainment and
Approval of the Associated
Maintenance Plan and 2002 Base-Year
Inventory
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a redesignation request and State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Pennsylvania. The Pennsylvania
Department of Environmental Protection
(PADEP) is requesting that the Lancaster
ozone nonattainment area (‘‘Lancaster
Area’’ or ‘‘Area’’) be redesignated as
attainment for the 8-hour ozone national
ambient air quality standard (NAAQS).
The Area is comprised of Lancaster
County, Pennsylvania. EPA is proposing
to approve the ozone redesignation
request for the Lancaster Area. In
conjunction with its redesignation
request, the Commonwealth submitted a
SIP revision consisting of a maintenance
plan for the Lancaster Area that
provides for continued attainment of the
8-hour ozone NAAQS for 11 years after
redesignation. EPA is proposing to make
a determination that the Lancaster Area
has attained the 8-hour ozone NAAQS,
based upon three years of complete,
quality-assured ambient air quality
monitoring data for 2003–2005. EPA’s
proposed approval of the 8-hour ozone
redesignation request is based on its
determination that the Lancaster Area
has met the criteria for redesignation to
attainment specified in the Clean Air
Act (CAA). In addition, the
Commonwealth of Pennsylvania has
also submitted a 2002 base-year
inventory for the Lancaster Area, and
EPA is proposing to approve that
inventory for the Lancaster Area as a SIP
revision. EPA is also providing
information on the status of its
adequacy determination for the motor
vehicle emission budgets (MVEBs) that
are identified in the maintenance plan
for the Lancaster Area for purposes of
transportation conformity, and is also
proposing to approve those MVEBs.
EPA is proposing approval of the
redesignation request and of the
maintenance plan and 2002 base-year
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27265
inventory SIP revisions in accordance
with the requirements of the CAA.
DATES: Written comments must be
received on or before June 14, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2006–0840 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail: miller.linda@epa.gov.
C. Mail: EPA–R03–OAR–2006–0840,
Linda Miller, Acting Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2006–
0840. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov
Web site is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through www.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
www.regulations.gov index. Although
listed in the index, some information is
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not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov
or in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Ellen Wentworth, (215) 814–2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
107(d)(3)(E) of the CAA. EPA is,
therefore, proposing to approve the
redesignation request to change the
designation of the Lancaster Area from
nonattainment to attainment for the 8hour ozone NAAQS. EPA is also
proposing to approve the Lancaster
maintenance plan as a SIP revision for
the Area (such approval being one of the
CAA criteria for redesignation to
attainment status). The maintenance
plan is designed to ensure continued
attainment in the Lancaster Area for the
next 11 years. EPA is also proposing to
approve the 2002 base-year inventory
for the Lancaster Area as a SIP revision.
Additionally, EPA is announcing its
action on the adequacy process for the
MVEBs identified in the Lancaster Area
maintenance plan, and proposing to
approve the MVEBs identified for
volatile organic compounds (VOCs) and
nitrogen oxides (NOX) for the Lancaster
Area for transportation conformity
purposes.
Table of Contents
A. General
Ground-level ozone is not emitted
directly by sources. Rather, emissions of
NOX and VOC react in the presence of
sunlight to form ground-level ozone.
The air pollutants NOX and VOC are
referred to as precursors of ozone. The
CAA establishes a process for air quality
management through the attainment and
maintenance of the NAAQS.
On July 18, 1997, EPA promulgated a
revised 8-hour ozone standard of 0.08
parts per million (ppm). This new
standard is more stringent than the
previous 1-hour standard. EPA
designated, as nonattainment, any area
violating the 8-hour ozone NAAQS
based on the air quality data for the
three years of 2001–2003. These were
the most recent three years of data at the
time EPA designated 8-hour areas. The
Lancaster Area was designated a
moderate 8-hour ozone nonattainment
area in a Federal Register notice signed
on April 15, 2004 and published on
April 30, 2004 (69 FR 23857), based on
its exceedance of the 8-hour healthbased standard for ozone during the
years 2001–2003. In July 2004,
Pennsylvania requested that the EPA
reclassify the Lancaster Area to a
‘‘marginal’’ 8-hour ozone nonattainment
Area in accordance with section
181(a)(4) of the CAA, which allows a
state to request reclassification if the
design value in the nonattainment area
is five percent greater or five percent
less than the level on which the
classification is based. The Lancaster
Area was reclassified by EPA as a
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I. What Are the Actions EPA Is Proposing to
Take?
II. What Is the Background for These
Proposed Actions?
III. What Are the Criteria for Redesignation
to Attainment?
IV. Why Is EPA Taking These Actions?
V. What Would Be the Effect of These
Actions?
VI. What Is EPA’s Analysis of the
Commonwealth’s Request?
VII. Are the Motor Vehicle Emissions
Budgets Established and Identified in the
Maintenance Plan for the Lancaster Area
Adequate and Approvable?
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews
I. What Are the Actions EPA Is
Proposing To Take?
On September 20, 2006, as
supplemented on November 8, 2006, the
PADEP formally submitted a request to
redesignate the Lancaster Area from
nonattainment to attainment of the 8hour NAAQS for ozone. Concurrently,
Pennsylvania submitted a maintenance
plan for the Lancaster Area as a SIP
revision to ensure continued attainment
in the Area for at least 11 years after
redesignation. PADEP also submitted a
2002 base-year inventory for the
Lancaster Area as a SIP revision. The
Lancaster Area is comprised of the
County of Lancaster. It is currently
designated a marginal 8-hour ozone
nonattainment area. EPA is proposing to
determine that the Lancaster Area has
attained the 8-hour ozone NAAQS and
that it has met the requirements for
redesignation pursuant to section
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II. What Is the Background for These
Proposed Actions?
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‘‘marginal’’ 8-hour ozone nonattainment
area on September 22, 2004 (69 FR
56697).
On April 30, 2004, EPA issued a final
rule (69 FR 23951, 23996) to revoke the
1-hour ozone NAAQS in the Lancaster
Area (as well as most other areas of the
country) effective June 15, 2005. See 40
CFR 50.9(b); 69 FR at 23996 (April 30,
2004); 70 FR 44470 (August 3, 2005).
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 23951, April 30,
2004). See South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882
(D.C. Cir. 2006) (hereafter ‘‘South
Coast.’’). The Court held that certain
provisions of EPA’s Phase 1 Rule were
inconsistent with the requirements of
the Clean Air Act. The Court rejected
EPA’s reasons for implementing the 8hour standard in nonattainment areas
under subpart 1 in lieu of subpart 2 of
Title I, part D of the Act. The Court also
held that EPA improperly failed to
retain four measures required for 1-hour
nonattainment areas under the antibacksliding 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 1-hour severe or extreme
nonattainment areas; (3) measures to be
implemented pursuant to section
172(c)(9) or 182(c)(9) of the Act, on the
contingency of an area not making
reasonable further progress toward
attainment of the 1-hour NAAQS, or for
failure to attain that NAAQS; and (4) the
certain conformity requirements for
certain types of federal actions. The
Court upheld EPA’s authority to revoke
the 1-hour standard provided there were
adequate anti-backsliding provisions.
Elsewhere in this document, mainly in
section VI.B, ‘‘The Lancaster Area Has
Met All Applicable Requirements Under
Section 110 and Part D of the CAA and
Has a Fully Approved SIP Under
Section 110(k) of the CAA,’’ EPA
discusses its rationale why the decision
in South Coast is not an impediment to
redesignating the Lancaster Area to
attainment of the 8-hour ozone NAAQS.
The CAA, title I, part D, contains two
sets of provisions—subpart 1 and
subpart 2—that address planning and
control requirements for nonattainment
areas. Subpart 1 (which EPA refers to as
‘‘basic’’ nonattainment) contains
general, less prescriptive requirements
for nonattainment areas for any
pollutant—including ozone—governed
by a NAAQS. Subpart 2 (which EPA
refers to as ‘‘classified’’ nonattainment)
provides more specific requirements for
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ozone nonattainment areas. Some 8hour ozone nonattainment areas are
subject only to the provisions of subpart
1. Other areas are also subject to the
provisions of subpart 2. Under EPA’s 8hour ozone implementation rule, an
area was classified under subpart 2
based on its 8-hour ozone design value
(i.e., the 3-year average annual fourthhighest daily maximum 8-hour average
ozone concentration), if it had a 1-hour
design value at or above 0.121 ppm (the
lowest 1-hour design value in the CAA
for subpart 2 requirements). All other
areas were covered under subpart 1,
based upon their 8-hour design values.
In 2004, the Lancaster Area was
classified a marginal 8-hour ozone
nonattainment area based on air quality
monitoring data from 2001–2003.
Therefore, the Lancaster Area is subject
to the requirements of subpart 2 of part
D.
Under 40 CFR part 50, the 8-hour
ozone standard is attained when the 3year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.08 ppm (i.e., 0.084 ppm when
rounding is considered). See 69 FR
23857, (April 30, 2004) for further
information. Ambient air quality
monitoring data for the 3-year period
must meet data completeness
requirements. The data completeness
requirements are met when the average
percent of days with valid ambient
monitoring data is greater than 90
percent, and no single year has less than
75 percent data completeness as
determined in Appendix I of 40 CFR
part 50. The ozone monitoring data
indicates that the Lancaster Area has a
design value of 0.083 ppm for the 3-year
period of 2003–2005, using complete,
quality-assured data. Therefore, the
ambient ozone data for the Lancaster
Area indicates no violations of the 8hour ozone standard.
B. The Lancaster Area
The Lancaster Area consists of the
County of Lancaster, Pennsylvania.
Prior to its designation as an 8-hour
ozone nonattainment area, the Lancaster
Area was a marginal 1-hour ozone
nonattainment Area, and therefore was
subject to requirements for marginal
nonattainment areas pursuant to section
182(a) of the CAA. See 56 FR 56694
(November 6, 1991).
On September 20, 2006 and
supplemented on November 8, 2006, the
PADEP requested that the Lancaster
Area be redesignated to attainment for
the 8-hour ozone standard. The
redesignation request included three
years of complete, quality-assured data
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for the period of 2003–2005, indicating
that the 8-hour NAAQS for ozone had
been achieved in the Lancaster Area.
The data satisfies the CAA requirements
that the 3-year average of the annual
fourth-highest daily maximum 8-hour
average ozone concentration (commonly
referred to as the area’s design value),
must be less than or equal to 0.08 ppm
(i.e., 0.084 ppm when rounding is
considered). Under the CAA, a
nonattainment area may be redesignated
if sufficient complete, quality-assured
data is available to determine that the
area has attained the standard and the
area meets the other CAA redesignation
requirements set forth in section
107(d)(3)(E).
III. What Are the Criteria for
Redesignation to Attainment?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA, allows for
redesignation, providing that:
(1) EPA determines that the area has
attained the applicable NAAQS;
(2) EPA has fully approved the
applicable implementation plan for the
area under section 110(k);
(3) EPA determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions;
(4) EPA has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A; and
(5) The State containing such area has
met all requirements applicable to the
area under section 110 and part D.
EPA provided guidance on
redesignations in the General Preamble
for the Implementation of Title I of the
CAA Amendments of 1990, on April 16,
1992 (57 FR 13498), and supplemented
this guidance on April 28, 1992 (57 FR
18070). EPA has provided further
guidance on processing redesignation
requests in the following documents:
• ‘‘Ozone and Carbon Monoxide
Design Value Calculations,’’
Memorandum from Bill Laxton, June,
18, 1990;
• ‘‘Maintenance Plans for
Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
• ‘‘Contingency Measures for Ozone
and Carbon Monoxide (CO)
Redesignations,’’ Memorandum from
G.T. Helms, Chief, Ozone/Carbon
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Monoxide Programs Branch, June 1,
1992;
• ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment,’’ Memorandum from John
Calcagni, Director, Air Quality
Management Division, September 4,
1992;
• ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (Act) Deadlines,’’ Memorandum
from John Calcagni Director, Air Quality
Management Division, October 28, 1992;
• ‘‘Technical Support Documents
(TSDs) for Redesignation Ozone and
Carbon Monoxide
• (CO) Nonattainment Areas,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs
Branch, August 17, 1993;
• ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) on or after
November 15, 1992,’’ Memorandum
from Michael
• H. Shapiro, Acting Assistant
Administrator for Air and Radiation,
September 17, 1993;
• Memorandum from D. Kent Berry,
Acting Director, Air Quality
Management Division, to Air Division
Directors, Regions 1–10, ‘‘Use of Actual
Emissions in Maintenance
Demonstrations for Ozone and CO
Nonattainment Areas,’’ dated November
30, 1993;
• ‘‘Part D New Source Review (part D
NSR) Requirements for Areas
Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
Air and Radiation, October 14, 1994;
and
• ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National
Ambient Air Quality Standard,’’
Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, May 10, 1995.
IV. Why Is EPA Taking These Actions?
On September 20, 2006, the PADEP
requested redesignation of the Lancaster
Area to attainment for the 8-hour ozone
standard. On September 20, 2006, as
supplemented on November 8, 2006,
PADEP submitted a maintenance plan
for the Lancaster Area as a SIP revision
to ensure continued attainment at least
11 years after redesignation. PADEP also
submitted a 2002 base-year inventory
concurrently with its maintenance plan
as a SIP revision, which is an applicable
requirement for the Lancaster Area for
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purposes of redesignation. EPA has
determined that the Lancaster Area has
attained the 8-hour ozone standard and
has met the requirements for
redesignation set forth in section
107(d)(3)(E).
V. What Would Be the Effect of These
Actions?
Approval of the redesignation request
would change the official designation of
the Lancaster Area from nonattainment
to attainment for the 8-hour ozone
NAAQS found at 40 CFR part 81. It
would also incorporate into the
Pennsylvania SIP a 2002 base-year
inventory and a maintenance plan
ensuring continued attainment of the 8hour ozone NAAQS in the Lancaster
Area for the next 11 years. The
maintenance plan includes contingency
measures to remedy any future
violations of the 8-hour NAAQS (should
they occur), and identifies the NOX and
VOC MVEBs for transportation
conformity purposes for the years 2009
and 2018. These MVEBs are displayed
in the following table:
CFR part 50, Appendix I, the standard
is attained if the design value is 0.084
ppm or below. The data must be
collected and quality-assured in
accordance with 40 CFR part 58, and
recorded in the Air Quality System
(AQS). The monitors generally should
have remained at the same location for
the duration of the monitoring period
required for demonstrating attainment.
In the Lancaster Area, there is one
ozone monitor, located in Lancaster
County that measures air quality with
respect to ozone. As part of its
redesignation request, Pennsylvania
referenced ozone monitoring data for
the years 2003–2005 for the Lancaster
Area. This data has been quality assured
and is recorded in the AQS. The fourthhigh 8-hour daily maximum
concentrations, along with the threeyear average are summarized in Table 2.
TABLE 2.—LANCASTER AREA FOURTH
HIGHEST 8-HOUR AVERAGE VALUES
LANCASTER COUNTY MONITOR/AQS
ID 42–071–0007
TABLE 1.—MOTOR VEHICLE EMISSIONS
BUDGETS IN TONS PER DAY (TPD)
Year
2009 ............
2018 ............
VOC
NOX
14.3
7.8
22.3
9.0
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VI. What Is EPA’s Analysis of the
Commonwealth’s Request?
EPA is proposing to determine that
the Lancaster Area has attained the 8hour ozone standard, and that all other
redesignation criteria have been met.
The following is a description of how
the PADEP’s September 20, 2006 and
November 8, 2006 submittals satisfy the
requirements of section 107(d)(3)(E) of
the CAA.
A. The Lancaster Area Has Attained the
8-Hour Ozone NAAQS
EPA is proposing to determine that
the Lancaster Area has attained the 8hour ozone NAAQS. For ozone, an area
may be considered to be attaining the 8hour ozone NAAQS if there are no
violations, as determined in accordance
with 40 CFR 50.10 and Appendix I of
Part 50, based on three complete,
consecutive calendar years of qualityassured air quality monitoring data. To
attain this standard, the design value,
which is the 3-year average of the
fourth-highest daily maximum 8-hour
average ozone concentrations measured
at each monitor, within the area, over
each year must not exceed the ozone
standard of 0.08 ppm. Based on the
rounding convention described in 40
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Annual 4th
highest reading
(ppm)
Year
2003 ..................................
2004 ..................................
2005 ..................................
0.083
0.081
0.085
The average for the 3-year period 2003–
2005 is 0.083 ppm.
The air quality data for 2003–2005
show that the Lancaster Area has
attained the 8-hour standard with a
design value of 0.083 ppm. The data
collected at the Lancaster Area monitor
satisfies the CAA requirement that the
3-year average of the annual fourthhighest daily maximum 8-hour average
ozone concentration is less than or
equal to 0.08 ppm. EPA believes this
conclusion remains valid after review of
the available 2006 data because the
design value for 2004–2006 would be
0.083 ppm. The PADEP’s request for
redesignation for the Lancaster Area
indicates that the data is complete and
was quality assured in accordance with
40 CFR part 58. The PADEP uses the
AQS as the permanent database to
maintain its data and quality assures the
data transfers and content for accuracy.
In addition, as discussed below with
respect to the maintenance plan, PADEP
has committed to continue monitoring
in accordance with 40 CFR part 58. In
summary, EPA has determined that the
data submitted by Pennsylvania and
data taken from AQS indicate that the
Lancaster Area has attained the 8-hour
ozone NAAQS.
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B. The Lancaster Area Has Met All
Applicable Requirements Under Section
110 and Part D of the CAA and Has a
Fully Approved SIP Under Section
110(k) of the CAA
EPA has determined that the
Lancaster Area has met all SIP
requirements applicable for purposes of
this redesignation under section 110 of
the CAA (General SIP Requirements)
and that it meets all applicable SIP
requirements under part D of Title I of
the CAA, in accordance with section
107(d)(3)(E)(v). In addition, EPA has
determined that the SIP is fully
approved with respect to all
requirements applicable for purposes of
redesignation in accordance with
section 107(d)(3)(E)(ii). In making these
proposed determinations, EPA
ascertained which requirements are
applicable to the Lancaster Area and
determined that the applicable portions
of the SIP meeting these requirements
are fully approved under section 110(k)
of the CAA. We note that SIPs must be
fully approved only with respect to
applicable requirements.
The September 4, 1992 Calcagni
memorandum (‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division,
September 4, 1992) describes EPA’s
interpretation of section 107(d)(3)(E)
with respect to the timing of applicable
requirements. Under this interpretation,
to qualify for redesignation, States
requesting redesignation to attainment
must meet only the relevant CAA
requirements that came due prior to the
submittal of a complete redesignation
request. See also, Michael Shapiro
memorandum, September 17, 1993, and
60 FR 12459, 12465–66 (March 7, 1995)
(redesignation of Detroit-Ann Arbor).
Requirements of the CAA that are
applicable subsequent to the area’s
submittal of a complete redesignation
request remain applicable until a
redesignation is approved, but are not
required as a prerequisite to
redesignation. Section 175A(c) of the
CAA. Sierra Club v. EPA, 375 F.3d 537
(7th Cir. 2004). See also, 68 FR at 25424,
25427 (May 12, 2003) (redesignation of
St. Louis).
This section also sets forth EPA’s
views on the potential effect of the
Court’s ruling in South Coast on this
redesignation action. For the reasons set
forth below, EPA does not believe that
the Court’s ruling alters any
requirements relevant to this
redesignation action so as to preclude
redesignation, and does not prevent
EPA from finalizing this redesignation.
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EPA believes that the Court’s decision,
as it currently stands or as it may be
modified based upon any petition for
rehearing that has been filed, imposes
no impediment to moving forward with
the redesignation of this Area to
attainment, because in either
circumstance, redesignation is
appropriate under the relevant
redesignation provisions of the Act and
longstanding policies regarding
redesignation requests.
1. Section 110 General SIP
Requirements
Section 110(a)(2) of Title I of the CAA
delineates the general requirements for
a SIP, which include enforceable
emissions limitations and other control
measures, means, or techniques,
provisions for the establishment and
operation of appropriate devices
necessary to collect data on ambient air
quality, and programs to enforce the
limitations. The general SIP elements
and requirements set forth in section
110(a)(2) include, but are not limited to
the following:
• Submittal of a SIP that has been
adopted by the State after reasonable
public notice and hearing;
• Provisions for establishment and
operation of appropriate procedures
needed to monitor ambient air quality;
• Implementation of a source permit
program; provisions for the
implementation of part C requirements
(Prevention of Significant Deterioration
(PSD));
• Provisions for the implementation
of part D requirements for New Source
Review (NSR) permit programs;
• Provisions for air pollution
modeling; and
• Provisions for public and local
agency participation in planning and
emission control rule development.
Section 110(a)(2)(D) requires that SIPs
contain certain measures to prevent
sources in a State from significantly
contributing to air quality problems in
another State. To implement this
provision, EPA has required certain
states to establish programs to address
transport of air pollutants in accordance
with the NOX SIP Call, October 27, 1998
(63 FR 57356), amendments to the NOX
SIP Call, May 14, 1999 (64 FR 26298)
and March 2, 2000 (65 FR 11222), and
the Clean Air Interstate Rule (CAIR),
May 12, 2005 (70 FR 25162). However,
the section 110(a)(2)(D) requirements for
a State are not linked with a particular
nonattainment area’s designation and
classification in that State. EPA believes
that the requirements linked with a
particular nonattainment area’s
designation and classifications are the
relevant measures to evaluate in
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reviewing a redesignation request. The
transport SIP submittal requirements,
where applicable, continue to apply to
a state regardless of the designation of
any one particular area in the State.
Thus, we do not believe that these
requirements should be construed to be
applicable requirements for purposes of
redesignation. In addition, EPA believes
that the other section 110 elements not
connected with nonattainment plan
submissions and not linked with an
area’s attainment status are not
applicable requirements for purposes of
redesignation. The Lancaster Area will
still be subject to these requirements
after it is redesignated. The section 110
and part D requirements, which are
linked with a particular area’s
designation and classification, are the
relevant measures to evaluate in
reviewing a redesignation request. This
policy is consistent with EPA’s existing
policy on applicability of conformity
(i.e., for redesignations) and oxygenated
fuels requirement. See Reading,
Pennsylvania, proposed and final
rulemakings (61 FR 53174, October 10,
1996), (62 FR 24826, May 7, 1997);
Cleveland-Akron-Lorain, Ohio final
rulemaking (61 FR 20458, May 7, 1996);
and Tampa, Florida, final rulemaking
(60 FR 62748, December 7, 1995). See
also, the discussion on this issue in the
Cincinnati redesignation (65 FR at
37890, June 19, 2000), and in the
Pittsburgh redesignation (66 FR at
53099, October 19, 2001). Similarly,
with respect to the NOX SIP Call rules,
EPA noted in its Phase 1 Final Rule to
Implement the 8-hour Ozone NAAQS,
that the NOX SIP Call rules are not ‘‘an’’
‘applicable requirement’ for purposes of
section 110(1) because the NOX rules
apply regardless of an area’s attainment
or nonattainment status for the 8-hour
(or the 1-hour) NAAQS.’’ 69 FR 23951,
23983 (April 30, 2004).
EPA believes that section 110
elements not linked to the area’s
nonattainment status are not applicable
for purposes of redesignation. As
explained later in this notice, two part
D requirements applicable for purposes
of redesignation under the 8-hour
standard became due prior to the
submission of the redesignation request.
2. Part D Requirements Under the 8Hour Standard
Pursuant to an April 30, 2004, final
rule (69 FR 23951), the Lancaster Area
was designated a marginal
nonattainment area under subpart 2 for
the 8-hour ozone standard. Sections
172–176 of the CAA, found in subpart
1 of part D, set forth the basic
nonattainment requirements applicable
to all nonattainment areas. Section 182
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27269
of the CAA, found in subpart 2 of part
D, establishes additional specific
requirements depending on the area’s
nonattainment classification.
With respect to the 8-hour standard,
we do not believe that any part of the
court’s opinion in South Coast would
require that this subpart 2 classification
be changed upon remand to EPA.
However, even assuming for present
purposes that the Lancaster Area would
become subject to a different
classification under a classification
scheme created in a future role in
response to the court’s decision, that
would not prevent EPA from finalizing
a redesignation for this area. For the
reasons set forth below, we believe that
any additional requirements that might
apply based on that different
classification would not be applicable
for purposes of evaluating the
redesignation request.
This belief is based upon (1) EPA’s
longstanding policy of evaluating
redesignation requests in accordance
only with the requirements due at the
time the request was submitted; and (2)
consideration of the inequity of
applying retroactively any requirements
that might be applied in the future.
First, at the time the redesignation
request was submitted, the Lancaster
Area was classified under subpart 2 and
was required to meet the subpart 2
requirements. Under EPA’s
longstanding interpretation of section
107(d)(3)(E) of the Clean Air Act, to
qualify for redesignation, states
requesting redesignation to attainment
must meet only the relevant SIP
requirements that came due prior to the
submittal of a complete redesignation
request. September 4, 1992 Calcagni
memorandum (‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division). See also,
Michael Shapiro Memorandum,
September 17, 1993, and 60 FR 12459,
12465–66 (March 7, 1995)
(redesignation of Detroit-Ann Arbor);
Sierra Club v. EPA, 375 F.3d 537 (7th
Cir. 2004) (which upheld this
interpretation); 68 FR 25418, 25424,
25427 (May 12, 2003) (redesignation of
St. Louis).
Moreover, it would be inequitable to
retroactively apply any new SIP
requirements that were not applicable at
the time the request was submitted, but
which might later become applicable.
The D.C. Circuit has recognized the
inequity in such retroactive rulemaking.
See, Sierra Club v. Whitman, 285 F.3d
63 (D.C. Cir. 2002), in which the D.C.
Circuit upheld a District Court’s ruling
refusing to make retroactive an EPA
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determination of nonattainment that
was past the statutory due date. Such a
determination would have resulted in
the imposition of additional
requirements on the area. The Court
stated: ‘‘Although EPA failed to make
the nonattainment determination within
the statutory time frame, Sierra Club’s
proposed solution only makes the
situation worse. Retroactive relief would
likely impose large costs on the States,
which would face fines and suits for not
implementing air pollution prevention
plans in 1997, even though they were
not on notice at the time.’’ Id at 68.
Similarly, here it would be unfair to
penalize the Area by applying to it for
purposes of redesignation any
additional requirements that were not in
effect at the time it submitted its
redesignation request, but that might
apply in the future.
With respect to the 8-hour standard,
two part D subpart 2 requirements
became due for the Lancaster Area
under section 182(a) of the CAA prior to
redesignation—a 2002 base-year
inventory, and the emissions statement
requirement pursuant to section
182(a)(3)(B). Pennsylvania already has
in its approved SIP an emissions
statement rule for the 1-hour standard
that covers all portions of the designated
8-hour nonattainment area, and that
satisfies the emissions statement
requirement for the 8-hour standard.
See, 25 Pa. Code 135.21(a)(1) codified at
40 CFR 52.2020; 60 FR 2881, January 12,
1995. EPA is proposing to approve the
2002 base-year inventory for the
Lancaster Area, which was submitted on
September 30, 2006, and supplemented
on November 8, 2006, concurrently with
its maintenance plan, into the
Pennsylvania SIP. A detailed evaluation
of Pennsylvania’s 2002 base-year
inventory for the Lancaster Area can be
found in a Technical Support Document
(TSD) prepared by EPA for this
rulemaking. EPA has determined that
the emission inventory and emissions
statement requirements for the
Lancaster Area have been satisfied.
EPA believes it is reasonable to
interpret the general conformity and
NSR requirements of part D as not
requiring approval prior to
redesignation. With respect to section
176, Conformity Requirements, section
176(c) of the CAA requires states to
establish criteria and procedures to
ensure that Federally supported or
funded projects conform to the air
quality planning goals in the applicable
SIP. The requirement to determine
conformity applies to transportation
plans, programs, and projects
developed, funded or approved under
Title 23 U.S.C. and the Federal Transit
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Act (‘‘transportation conformity’’) as
well as to all other Federally supported
or funded projects (‘‘general
conformity’’). State conformity revisions
must be consistent with Federal
conformity regulations relating to
consultation, enforcement and
enforceability that the CAA required the
EPA to promulgate. EPA believes it is
reasonable to interpret the conformity
SIP requirements as not applying for
purposes of evaluating the redesignation
request under section 107(d) since State
conformity rules are still required after
redesignation and Federal conformity
rules apply where State rules have not
been approved. See, Wall v. EPA, 265 F.
3d 426, 438–440 (6th Cir. 2001),
upholding this interpretation. See also,
60 FR 62748 (December 7, 1995).
In the case of the Lancaster Area,
which is located in the Ozone Transport
Region (OTR), nonattainment NSR
requirements will continue to be
applicable after redesignation. On
October 19, 2001 (66 FR 53094), EPA
approved Pennsylvania’s NSR SIP
revision for the Lancaster Area. This
revision imposes the OTR NSR
requirements in marginal and
incomplete data ozone nonattainment
areas and ozone attainment areas within
the Commonwealth. The OTR
requirements are more stringent than
those required in marginal ozone
nonattainment areas because a lower
threshold for what constitutes a major
stationary source of VOC emissions is
required and a higher offset ratio is
required. Pennsylvania’s NSR SIP also
imposes the NSR requirements on major
sources of NOX emissions as required by
section 182(f) of the CAA.
EPA has also interpreted the section
184 OTR requirements, including the
NSR program, as not being applicable
for purposes of redesignation. The
rationale for this is based on two
considerations. First, the requirement to
submit SIP revisions for the section 184
requirements continues to apply to areas
in the OTR after redesignation to
attainment. Therefore, the State remains
obligated to have NSR, as well as
reasonably available control technology
(RACT), and Vehicle Inspection and
Maintenance programs even after
redesignation. Second, the section 184
control measures are region-wide
requirements and do not apply to
Lancaster by virtue of the Area’s
designation and classification. See, 61
FR 53174, 53175–53176 (October 10,
1996) and 62 FR 24826, 24830–32 (May
7, 1997).
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3. Part D Requirements Under the 1Hour Standard
In its December 22, 2006 decision in
South Coast, the Court also addressed
EPA’s revocation of the 1-hour ozone
standard. The current status of the
revocation and associated antibacksliding rules is dependent on
whether the Court’s decision stands as
originally issued or is modified in
response to any petition for rehearing or
request for clarification that has been
filed. As described more fully below,
EPA believes that the Area has attained
the 1-hour standard and has met all of
the requirements under the 1-hour
standard that would apply even if the 1hour standard is deemed to be
reinstated and, those requirements are
viewed as applying under the statute
itself. Thus, the Court’s decision, as it
currently stands, imposes no
impediment to moving forward with the
redesignation of this Area to attainment
of the 8-hour standard. Further, even if
the court’s decision were modified
based upon any petition for rehearing
that has been filed, such that the
ultimate decision requires something
less than compliance with all applicable
1-hour requirements, since the area
meets all such requirements as
explained below, it would certainly
meet any lesser requirements and thus
similarly redesignation could proceed.
The conformity portion of the Court’s
ruling does not impact the redesignation
request for the Lancaster Area because
there are no conformity requirements
that are relevant to a redesignation
request for any standard, including the
requirement to submit a transportation
conformity SIP.1 As we have previously
noted, under longstanding EPA policy,
EPA believes it is reasonable to interpret
the conformity SIP requirements as not
applying for purposes of evaluating a
redesignation request under section
107(d) because state conformity rules
are still required after redesignation and
federal conformity rules apply where
state rules have not been approved. 40
CFR 51.390. See, Wall v. EPA, 265 F.3d
426 (6th Cir. 2001), upholding this
interpretation. See, also, 60 FR 62748
(December 7, 1995) (Tampa, Florida
redesignation).
With respect to the requirement for
submission of contingency measures for
the 1-hour standard, section 182(a) does
not require contingency measures for
1 The Clean Air Act section 176(c )(4)(E) currently
requires States to submit revisions to their SIPs to
reflect certain federal criteria and procedures for
determining transportation conformity.
Transportation conformity SIPs are different from
the motor vehicle emissions budgets that are
established in control strategy SIPs and
maintenance plans.
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marginal areas, and, therefore, that
portion of the Court’s ruling does not
impact the redesignation request for the
Lancaster Area.
Prior to its designation as an 8-hour
ozone nonattainment area, the Lancaster
Area was designated a marginal
nonattainment area for the 1-hour
standard. With respect to the 1-hour
standard, the applicable requirements of
subpart 1 and of subpart 2 of part D
(section 182) for the Lancaster Area are
discussed in the following paragraphs:
Section 182(a)(2)(A) required SIP
revisions to correct or amend RACT for
sources in marginal areas, such as the
Lancaster Area, that were subject to
control technique guidelines (CTGs)
issued before November 15, 1990
pursuant to CAA section 108. On
December 22, 1994, EPA fully approved
into the Pennsylvania SIP all corrections
required under section 182(a)(2)(A) of
the CAA (59 FR 65971, December 22,
1994). EPA believes that this
requirement applies only to marginal
and higher classified areas under the 1hour NAAQS pursuant to the 1990
amendments to the CAA; therefore, this
is a one-time requirement. After an area
has fulfilled the section 182(a)(2)(A)
requirement for the 1-hour NAAQS,
there is no requirement under the 8hour NAAQS.
Section 182(a)(2)(B) relates to the
savings clause for vehicle inspection
and maintenance (I/M). It requires
marginal areas to adopt vehicle I/M
programs. This provision was not
applicable to the Lancaster Area because
this area did not have and was not
required to have an I/M program before
November 15, 1990.
Section 182(a)(3)(A) requires a
triennial Periodic Emissions Inventory
for the nonattainment area. The most
recent inventory for the Lancaster Area
was compiled for 2002 and submitted to
EPA as a SIP revision with the
maintenance plan for the Lancaster
Area.
Section 182(a)(2)(C) required
Pennsylvania to adopt a NSR Permit
Program or to correct its existing
program to meet EPA guidance
requirements issued prior to 1990. As
discussed previously, EPA believes it is
reasonable to interpret the NSR
requirements of part D as not requiring
approval prior to redesignation.
However, as noted previously, EPA has
fully approved Pennsylvania’s NSR
program for the Lancaster Area.
Section 182(a)(3)(B) requires sources
of VOCs and NOX in the nonattainment
area to submit Emissions Statements
regarding the quantity of emissions from
the previous year. As discussed
previously, Pennsylvania already has in
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its approved SIP a previously approved
emissions statement rule for the 1-hour
standard which applies to the Lancaster
Area.
Section 182(a)(1) provides for the
submission of a comprehensive,
accurate, current inventory of actual
emissions from all sources, as described
in section 172(c)(3), in accordance with
guidance provided by the
Administrator. In this proposed rule,
EPA is proposing to approve a 2002
base-year emissions inventory for the
Lancaster Area as meeting the
requirement of section 182(a)(1). While
EPA generally required that the baseyear inventory for the 1-hour standard
be for calendar year 1990, EPA believes
that Pennsylvania’s 2002 inventory
fulfills this requirement because it
meets EPA’s guidance and because it is
more up to date than 1990. EPA also
proposes to determine that, if the 1-hour
standard is deemed to be reinstated, the
2002 base-year inventory for the 8-hour
standard will provide an acceptable
substitute for the base-year inventory for
the 1-hour standard.
As noted previously, EPA believes it
is reasonable to interpret the general
conformity requirements of part D as not
requiring approval prior to
redesignation.
EPA has previously determined that
the Lancaster Area has attained the 1hour ozone NAAQS by the November
15, 1993 attainment date (60 FR 3349,
January 17, 1995), and we further
believe that the Lancaster Area is still in
attainment for the 1-hour ozone NAAQS
based upon the ozone monitoring data
for the years 2003–2005. To demonstrate
attainment, i.e., compliance with this
standard, the annual average of the
number of expected exceedances of the
1-hour standard over a three-year period
must be less than or equal to 1. Table
3 provides a summary of the number of
expected exceedances for each of the
years 2003 through 2005 and three-year
annual average.
TABLE 3.—LANCASTER NONATTAINMENT AREA NUMBER OF EXPECTED
EXCEEDANCES OF THE 1-HOUR
OZONE
STANDARD;
LANCASTER
COUNTY MONITOR/AQS ID 42–071–
0007
Number of
expected
exceedances
Year
2003 .........................................
2004 .........................................
2005 .........................................
1.0
0.0
0.0
The
average
number
of
expected
exceedances for the 3-year period 2003
through 2005 is 0.3.
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In summary, EPA has determined that
the data submitted by Pennsylvania and
taken from AQS indicates that the
Lancaster Area is maintaining air
quality that conforms to the 1-hour
ozone NAAQS. EPA believes this
conclusion remains valid after review of
the available 2006 data because no
exceedances were recorded in the
Lancaster Area in 2006.
4. Transport Region Requirements
All areas in the Ozone Transport
Region (OTR), both attainment and
nonattainment, are subject to additional
control requirements under section 184
for the purpose of reducing interstate
transport of emissions that may
contribute to downwind ozone
nonattainment. The section 184
requirements include RACT, enhanced
vehicle inspection and maintenance,
and Stage II vapor recovery or a
comparable measure.
In the case of the Lancaster Area,
which is located in the OTR,
nonattainment NSR will be applicable
after redesignation. On October 19, 2001
(66 FR 53094), EPA fully approved
Pennsylvania’s NSR SIP revision
consisting of Pennsylvania’s Chapter
127 part D NSR regulations that cover
the Lancaster Area. The Chapter 127
part D NSR regulations in the
Pennsylvania SIP explicitly apply the
requirements for NSR of section 184 of
the CAA to attainment areas within the
OTR.
EPA has also interpreted the section
184 OTR requirements, including the
NSR program, as not being applicable
for purposes of redesignation. See, 61
FR 53174, October 10, 1996 and 62 FR
24826, May 7, 1997 (Reading,
Pennsylvania Redesignation). The
rationale for this is based on two
considerations. First, the requirement to
submit SIP revisions for the section 184
requirements continues to apply to areas
in the OTR after redesignation to
attainment. Therefore, the State remains
obligated to have NSR, as well as RACT,
and I/M even after redesignation.
Second, the section 184 control
measures are region-wide requirements
and do not apply to the Area by virtue
of the Area’s designation and
classification. See, 61 FR 53174 at
53175–53176 (October 10, 1996) and 62
FR 24826 at 24830–24832 (May 7, 1997).
5. Lancaster Has a Fully Approved SIP
for Purposes of Redesignation
EPA has fully approved the
Pennsylvania SIP for the purposes of
this redesignation. EPA may rely on
prior SIP approvals in approving a
redesignation request, Calcagni Memo,
p.3; Southwestern Pennsylvania Growth
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Alliance v. Browner, 144 F. 3d 984, 989–
90 (6th Cir. 1998), Wall v. EPA, 265 F.
3d 426 (6th Cir. 2001), plus any
additional measures it may approve in
conjunction with a redesignation action.
See, 68 FR at 25425 (May 12, 2003) and
citations therein.
The Lancaster Area was a 1-hour
ozone marginal nonattainment area at
the time of its designation as a marginal
8-hour ozone nonattainment area on
September 22, 2004 (69 FR 56697). As
stated previously, two subpart 2 part D
requirements became due for the
Lancaster Area prior to redesignation—
a 2002 base-year inventory, and the
emissions statement requirement.
PADEP has submitted concurrently with
its maintenance plan, a 2002 base-year
inventory as a SIP revision. In this
action, EPA is proposing approval of
this inventory. The emissions statement
requirement for Lancaster was fulfilled
under the 1-hour standard. Because
there are no outstanding SIP submission
requirements applicable for the
purposes of the redesignation of
Lancaster, the applicable
implementation plan satisfies all
pertinent SIP requirements.
C. The Air Quality Improvement in the
Lancaster Area Is Due to Permanent and
Enforceable Reductions in Emissions
Resulting From Implementation of the
SIP and Applicable Federal Air
Pollution Control Regulations and Other
Permanent and Enforceable Reductions
EPA believes that the Commonwealth
has demonstrated that the observed air
quality improvement in the Lancaster
Area is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
SIP, Federal measures, and other Stateadopted measures. Emissions reductions
attributable to these rules are shown in
Table 4.
TABLE 4.—TOTAL VOC AND NOX EMISSIONS FOR 2002 AND 2004 IN TONS PER DAY (TPD)
Year
Point *
Area
Nonroad
Mobile
Total
Volatile Organic Compounds (VOC)
2002 .........................................................................................................
2004 .........................................................................................................
Diff. (02–04) .............................................................................................
8.5
8.1
0.4
24.5
24.4
0.1
17.4
17.3
0.1
23.4
19.8
3.6
73.8
69.6
4.2
2.6
2.6
0.0
13.7
13.2
0.5
36.9
32.3
4.6
56.8
52.0
4.8
Nitrogen Oxides (NOX)
2002 .........................................................................................................
2004 .........................................................................................................
Diff (02–04) ..............................................................................................
3.6
3.9
¥03
* The stationary point source emissions shown here do not include banked emission credits of 3.7 tpd of VOC and 11 tpd of NOX as indicated
in Technical Appendix A–4 to Pennsylvania’s SIP submission.
Between 2002 and 2004, VOC
emissions decreased by 5.7 percent from
73.8 tpd to 69.6 tpd; NOX emissions
decreased by 8.4 percent from 56.8 tpd
to 52.0 tpd. These reductions, and
anticipated future reductions, are due to
the following permanent and
enforceable measures.
1. Stationary Point Sources
Interstate Pollution Transport Reduction
(66 FR 43795, August 21, 2001)
2. Stationary Area Sources
Solvent Cleaning (68 FR 2206, January
16, 2003)
Portable Fuel Containers (69 FR 70893,
December 8, 2004)
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3. Highway Vehicle Sources
Federal Motor Vehicle Control Programs
(FMVCP)
—Tier 1 (56 FR 25724, June 5, 1991)
—Tier 2 (65 FR 6698, February 10, 2000)
Heavy-duty Engine and Vehicle
Standards (62 FR 54694, October 21,
1997, and 65 FR 59896, October 6,
2000)
National Low Emission Vehicle (NLEV)
Program (64 FR 72564, December 28,
1999) Vehicle Emission Inspection/
Maintenance Program (70 FR 58313,
October 6, 2005)
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4. Non-Road Sources
Nonroad Diesel Engine and Fuel (69 FR
38958, June 29, 2004)
EPA believes that permanent and
enforceable emissions reductions are the
cause of the long-term improvement in
ozone levels and are the cause of the
area achieving attainment of the 8-hour
ozone standard.
D. The Lancaster Area Has a Fully
Approvable Maintenance Plan Pursuant
to Section 175A of the CAA
In conjunction with its request to
redesignate the Lancaster Area to
attainment status, Pennsylvania
submitted a SIP revision to provide for
maintenance of the 8-hour ozone
NAAQS in the Lancaster Area for at
least 11 years after redesignation.
Pennsylvania is requesting that EPA
approve this SIP revision as meeting the
requirement of section 175A of the
CAA. Once approved, the maintenance
plan for the 8-hour ozone NAAQS will
ensure that the SIP for the Lancaster
Area meets the requirements of the CAA
regarding maintenance of the applicable
8-hour ozone standard.
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What Is Required in a Maintenance
Plan?
Section 175 of the CAA sets forth the
elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after approval of a redesignation of
an area to attainment. Eight years after
the redesignation, the State must submit
a revised maintenance plan
demonstrating that attainment will
continue to be maintained for the next
10-year period following the initial 10year period. To address the possibility
of future NAAQS violations, the
maintenance plan must contain such
contingency measures, with a schedule
for implementation, as EPA deems
necessary to assure prompt correction of
any future 8-hour ozone violations.
Section 175A of the CAA sets forth the
elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. The
Calcagni memo provides additional
guidance on the content of a
maintenance plan. An ozone
maintenance plan should address the
following provisions:
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(a) An attainment emissions
inventory;
(b) A maintenance demonstration;
(c) A monitoring network;
(d) Verification of continued
attainment; and
(e) A contingency plan.
Analysis of the Lancaster Area
Maintenance Plan
(a) Attainment inventory—An
attainment inventory includes the
emissions during the time period
associated with the monitoring data
showing attainment. An attainment year
of 2004 was used for the Lancaster Area
since it is a reasonable year within the
3-year block of 2003–2005 and accounts
for reductions attributable to
implementation of the CAA
requirements to date.
The 2002 and 2004 point source data
was compiled from actual sources.
Pennsylvania requires owners and
operators of larger facilities to submit
annual production figures and emission
calculations each year. Throughput data
are multiplied by emission factors from
Factor Information Retrieval (FIRE) Data
Systems and EPA’s publication series
AP–42, and are based on Source
Classification Codes (SCC). The 2002
area source data was compiled using
county-level activity data, from census
numbers, from county numbers, etc. The
2004 area source data was projected
from the 2002 inventory using temporal
allocations provided by the MidAtlantic Regional Air Management
Association (MARAMA).
The on-road mobile source
inventories for 2002 and 2004 were
compiled using MOBILE6.2 and
PENNDOT estimates for VMT. The
PADEP has provided detailed data
summaries to document the calculations
of mobile on-road VOC and NOX
emissions for 2002, as well as for the
projection years of 2004, 2009, and 2018
(shown in Tables 4 and 5 below). The
2002 and 2004 emissions for the
majority of non-road emission source
categories were estimated using the EPA
NONROAD 2005 model. The
NONROAD model calculates emissions
for diesel, gasoline, liquefied petroleum
gasoline, and compressed natural gasfueled non-road equipment types and
includes growth factors. The NONROAD
model does not estimate emissions from
locomotives or aircraft. For 2002 and
2004 locomotive emissions, the PADEP
projected emissions from a 1999 survey
using national fuel consumption
information and EPA emission and
conversion factors. There are no
commercial aircraft operations in
Lancaster County. For 2002 and 2004
aircraft emissions, PADEP estimated
emissions using small airport operations
statistics and emission factors and
operational characteristics in the EPAapproved model, Emissions and
Dispersion Modeling System (EDMS).
More detailed information on the
compilation of the 2002, 2004, 2009,
and 2018 inventories can be found in
the Technical Appendices which are
part of this submittal.
(b) Maintenance Demonstration—On
September 20, 2006, and supplemented
on November 8, 2006, the PADEP
submitted a maintenance plan as a SIP
revision as required by section 175A of
the CAA. The Lancaster Area plan
shows maintenance of the 8-hour ozone
NAAQS by demonstrating that current
and future emissions of VOC and NOX
remain at or below the attainment year
2004 emissions levels throughout the
Lancaster Area through the year 2018. A
maintenance demonstration need not be
based on modeling. See, Wall v. EPA,
supra; Sierra Club v. EPA, supra. See
also, 66 FR at 53099–53100; 68 FR at
25430–25432.
Tables 5 and 6 specify the VOC and
NOX emissions for the Lancaster Area
for 2004, 2009, and 2018. The PADEP
chose 2009 as an interim year in the
maintenance demonstration period to
demonstrate that the VOC and NOX
emissions are not projected to increase
above the 2004 attainment level during
the time of the maintenance period.
TABLE 5.—TOTAL VOC EMISSIONS FOR 2004–2018 (TPD)
2004 VOC
emissions
Source category
2009 VOC
emissions
2018 VOC
emissions
Point * .......................................................................................................................................................
Area .........................................................................................................................................................
Mobile ......................................................................................................................................................
Nonroad ...................................................................................................................................................
8.1
24.4
19.8
17.3
8.7
24.2
14.3
15.0
11.0
27.2
7.8
11.9
Total ..................................................................................................................................................
69.6
62.2
57.9
* The stationary point source emissions shown here do not include available banked emission credits as indicated in Appendix A–4 submitted
with the maintenance plan.
TABLE 6.—TOTAL NOX EMISSIONS FOR 2004–2018 (TPD)
2004 NOX
emissions
Source category
2009 NOX
emissions
2018 NOX
emissions
Point * .......................................................................................................................................................
Area .........................................................................................................................................................
Mobile ......................................................................................................................................................
Non-road ..................................................................................................................................................
3.9
2.6
32.3
13.2
4.1
2.8
22.3
10.8
4.6
2.9
9.0
6.8
Total ..................................................................................................................................................
52.0
39.9
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jlentini on PROD1PC65 with PROPOSALS
* The
stationary point source emissions shown here do not include available banked emission credits as indicated in Appendix A–4.
The following programs are
permanent and enforceable control
measures to ensure emissions during the
maintenance period are equal to or less
than the emissions in the attainment
year:
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• The Clean Air Interstate Rule
(CAIR) (71 FR 25328, April 28, 2006)
• The Federal NOX SIP Call (66 FR
43795, August 21, 2001)
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• Pennsylvania’s Portable Fuel
Containers (December 8, 2004, 69 FR
70893)
• Pennsylvania’s Consumer Products
(December 8, 2004, 69 FR 70895)
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• Pennsylvania’s Architectural and
Industrial Maintenance (AIM) Coatings
(November 23, 2004, 69 FR 68080)
Additionally, the following mobile
programs are either effective or due to
become effective and will further
contribute to the maintenance
demonstration of the 8-hour ozone
NAAQS:
• FMVCP for passenger vehicles and
light-duty trucks and cleaner gasoline
(2009 and 2018 fleet)—Tier 1 (56 FR
25724, June 5, 1991) and Tier 2 (65 FR
6698, February 10, 2000)
• Federal NLEV (64 FR 72564,
December 28, 1999)
• PA Clean Vehicle Program
(December 9, 2006)-Pennsylvania will
implement this program in car model
year 2008.
• Heavy-duty diesel on-road (2004/
2007) and low-sulfur on-road (2006) (66
FR 5002, January 18, 2001)
• Non-road emissions standards
(2008) and off-road diesel fuel (2007/
2010) (69 FR 38958, June 29, 2004)
• Vehicle emission/inspection/
maintenance program (70 FR 58313,
October 6, 2005)
• Pennsylvania Heavy-Duty Diesel
Emissions Control Program. (May 11,
2002)
Based upon the comparison of the
projected emissions and the attainment
year emissions along with the additional
measures, EPA concludes that PADEP
has successfully demonstrated that the
8-hour ozone standard should be
maintained in the Lancaster Areas.
(c) Monitoring Network—There is
currently one monitor measuring ozone
in the Lancaster Area. PADEP will
continue to operate its current air
quality monitor (located in Lancaster
County), in accordance with 40 CFR
part 58.
(d) Verification of Continued
Attainment—The Commonwealth will
track the attainment status of the ozone
NAAQS in the Lancaster Area by
reviewing air quality and emissions
during the maintenance period. The
Commonwealth will perform an annual
evaluation of Vehicle Miles Traveled
(VMT) data and emissions reported from
stationary sources, and compare them to
the assumptions about these factors
used in the maintenance plan. The
Commonwealth will also evaluate the
periodic (every three years) emission
inventories prepared under EPA’s
Consolidated Emission Reporting
Regulation (40 CFR 51, subpart A) to see
if the Area exceeds the attainment year
inventory (2004) by more than 10
percent. Based on these evaluations, the
Commonwealth will consider whether
any further emission control measures
should be implemented.
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(e) The Maintenance Plan’s
Contingency Measures—The
contingency plan provisions are
designed to promptly correct a violation
of the NAAQS that occurs after
redesignation. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to ensure that the
State will promptly correct a violation
of the NAAQS that occurs after
redesignation. The maintenance plan
should identify the events that would
‘‘trigger’’ the adoption and
implementation of a contingency
measure(s), the contingency measure(s)
that would be adopted and
implemented, and the schedule
indicating the time frame by which the
state would adopt and implement the
measure(s).
The ability of the Lancaster Area to
stay in compliance with the 8-hour
ozone standard after redesignation
depends upon VOC and NOX emissions
in the Area remaining at or below 2004
levels. The Commonwealth’s
maintenance plan projects VOC and
NOX emissions to decrease and stay
below 2004 levels through the year
2018. The Commonwealth’s
maintenance plan outlines the
procedures for the adoption and
implementation of contingency
measures to further reduce emissions
should a violation occur.
Contingency measures will be
considered if for two consecutive years
the fourth highest 8-hour ozone
concentrations at the Lancaster monitor
are above 84 ppb. If this trigger point
occurs, the Commonwealth will
evaluate whether additional local
emission control measures should be
implemented in order to prevent a
violation of the air quality standard.
PADEP will also analyze the conditions
leading to the excessive ozone levels
and evaluate which measures might be
most effective in correcting the
excessive ozone levels. PADEP will also
analyze the potential emissions effect of
Federal, state, and local measures that
have been adopted but not yet
implemented at the time the excessive
ozone levels occurred. PADEP will then
begin the process of implementing any
selected measures.
Contingency measures will be
considered in the event that a violation
of the 8-hour ozone standard occurs at
the Lancaster County, Pennsylvania
monitor. In the event of a violation of
the 8-hour ozone standard, contingency
measures will be adopted in order to
return the Area to attainment with the
standard. Contingency measures to be
considered for the Lancaster Area will
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include, but not be limited to the
following:
Regulatory measures:
—Additional controls on consumer
products.
—Additional controls on portable fuel
containers
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 on-road 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.
The plan lays out a process to have
any regulatory contingency measures in
effect within 19 months of the trigger.
The plan also lays out a process to
implement the non-regulatory
contingency measures within 12–24
months of the trigger.
VII. Are the Motor Vehicle Emissions
Budgets Established and Identified in
the Lancaster Maintenance Plan
Adequate and Approvable?
A. What Are the Motor Vehicle
Emissions Budgets?
Under the CAA, States are required to
submit, at various times, control strategy
SIPs and maintenance plans in ozone
areas. These control strategy SIPs (i.e.,
RFP SIPs and attainment demonstration
SIPs) and maintenance plans identify
and establish MVEBs for certain criteria
pollutants and/or their precursors to
address pollution from on-road mobile
sources. In the maintenance plan, the
MVEBs are termed ‘‘on-road mobile
source emission budgets.’’ Pursuant to
40 CFR part 93 and § 51.112, MVEBs
must be established in an ozone
maintenance plan. A MVEB is the
portion of the total allowable emissions
that is allocated to highway and transit
vehicle use and emissions. A MVEB
serves as a ceiling on emissions from an
area’s planned transportation system.
The MVEB concept is further explained
in the preamble to the November 24,
1993, transportation conformity rule (58
FR 62188). The preamble also describes
how to establish and revise the MVEBs
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in control strategy SIPs and
maintenance plans.
Under section 176(c) of the CAA, new
transportation projects, such as the
construction of new highways, must
‘‘conform’’ to (i.e., be consistent with)
the part of the State’s air quality plan
that addresses pollution from cars and
trucks. ‘‘Conformity’’ to the SIP means
that transportation activities will not
cause new air quality violations, worsen
existing violations, or delay timely
attainment of or reasonable progress
towards the NAAQS. If a transportation
plan does not ‘‘conform,’’ most new
projects that would expand the capacity
of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for
demonstrating and ensuring conformity
of such transportation activities to a SIP.
When reviewing submitted ‘‘control
strategy’’ SIPs or maintenance plans
containing MVEBs, EPA must
affirmatively find the MVEB contained
therein ‘‘adequate’’ for use in
determining transportation conformity.
After EPA affirmatively finds the
submitted MVEB is adequate for
transportation conformity purposes, that
MVEB can be used by state and federal
agencies in determining whether
proposed transportation projects
‘‘conform’’ to the SIP as required by
section 176(c) of the CAA. EPA’s
substantive criteria for determining
‘‘adequacy’’ of a MVEB are set out in 40
CFR 93.118(e)(4).
EPA’s process for determining
‘‘adequacy’’ consists of three basic steps:
public notification of a SIP submission,
a public comment period, and EPA’s
adequacy finding. This process for
determining the adequacy of submitted
SIP MVEBs was initially outlined in
EPA’s May 14, 1999 guidance,
‘‘Conformity Guidance on
Implementation of March 2, 1999,
Conformity Court Decision.’’ This
guidance was finalized in the
Transportation Conformity Rule
Amendments for the ‘‘New 8-Hour
Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous
Revisions for Existing Areas;
Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change’’
on July 1, 2004 (69 FR 40004). EPA
consults this guidance and follows this
rulemaking in making its adequacy
determinations.
The MVEB for the Lancaster Area are
listed in Table 1 of this document for
the 2009 and 2018 years, and are the
projected emissions for the on-road
mobile sources plus any portion of the
safety margin allocated to the MVEBs.
These emission budgets, when approved
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27275
by EPA, must be used for transportation
conformity determinations.
(once there, click on ‘‘Adequacy Review
of SIP Submissions’’).
B. What Is a Safety Margin?
A safety margin is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. The
attainment level of emissions is the
level of emissions during one of the
years in which the area met the NAAQS.
The safety margin is the extra emissions
that can be allocated as long as the total
attainment level of emissions is
maintained. The credit, or a portion
thereof, can be allocated to any of the
source categories. PADEP is at this time
preserving the entire difference between
attainment and projected maintenance
year emissions to ensure continued
maintenance of the standard.
VIII. Proposed Actions
EPA is proposing to determine that
the Lancaster Area has attained the 8hour ozone NAAQS. EPA is also
proposing to approve the redesignation
of the Lancaster Area from
nonattainment to attainment for the 8hour ozone NAAQS. EPA has evaluated
Pennsylvania’s redesignation request
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
Lancaster Area has attained the 8-hour
ozone standard. The final approval of
this redesignation request would change
the designation of the Lancaster Area
from nonattainment to attainment for
the 8-hour ozone standard. EPA is also
proposing to approve the associated
maintenance plan for the Lancaster
Area, submitted on September 20, 2006,
and supplemented on November 8,
2006, as a revision to the Pennsylvania
SIP. EPA is proposing to approve the
maintenance plan for the Lancaster Area
because it meets the requirements of
section 175A as described previously in
this notice. EPA is also proposing to
approve the 2002 base-year inventory
for the Lancaster Area, and the MVEBs
submitted by Pennsylvania for the
Lancaster Area in conjunction with its
redesignation request. EPA is soliciting
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action.
C. Why Are the MVEBs Approvable?
The 2009 and 2018 MVEBs for the
Lancaster Area are approvable because
the MVEBs for NOX and VOCs continue
to maintain the total emissions at or
below the attainment year inventory
levels as required by the transportation
conformity regulations.
D. What Is the Adequacy and Approval
Process for the MVEBs in the Lancaster
Maintenance Plan?
The MVEBs for the Lancaster Area
maintenance plan are being posted to
EPA’s conformity Web site concurrently
with this proposal. The public comment
period will end at the same time as the
public comment period for this
proposed rule. In this case, EPA is
concurrently processing the action on
the maintenance plan and the adequacy
process for the MVEBs contained
therein. In this proposed rule, EPA is
proposing to find the MVEBs adequate
and also proposing to approve the
MVEBs as part of the maintenance plan.
The MVEBs cannot be used for
transportation conformity until the
maintenance plan and associated
MVEBs are approved in a final Federal
Register notice, or EPA otherwise finds
the budgets adequate in a separate
action following the comment period.
If EPA receives adverse written
comments with respect to the proposed
approval of the Lancaster MVEBs, or
any other aspect of our proposed
approval of this updated maintenance
plan, we will respond to the comments
on the MVEBs in our final action or
proceed with the adequacy process as a
separate action. Our action on the
Lancaster Area MVEBs will also be
announced on EPA’s conformity Web
site: https://www.epa.gov/otaq/
stateresources/transconf/index.htm
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IX. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
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 Fed. Reg.
28355 (May 22, 2001)). This action
merely proposes to approve state law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this proposed 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
proposes to approve pre-existing
requirements under state law and does
not impose any additional enforceable
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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
proposed rule also does 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), nor
will it 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), because it merely
proposes to approve a state rule
implementing a Federal requirement,
and does not alter the relationship or
the distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045 (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 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. 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. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
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Takings’’ issued under the executive
order.
This rule, proposing to approve the
redesignation of the Lancaster Area to
attainment for the 8-hour ozone
NAAQS, the associated maintenance
plan, the 2002 base-year inventory, and
the MVEB identified in the maintenance
plan, does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 4, 2007.
James W. Newsom,
Acting Regional Administrator, Region III.
[FR Doc. E7–9296 Filed 5–14–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 061219338–6338–01; I.D.
120806A]
RIN 0648–AU69
Fisheries off West Coast States and in
the Western Pacific; Amendment 15
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: The Secretary of Commerce
(Secretary) requests public comments on
a proposed rule to implement
Amendment 15 to the Pacific Coast
Salmon Fisheries Management Plan
(Plan) in accordance with the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). This
Amendment was approved by NMFS on
March 22, 2007, and in accordance with
the notification procedures of the
Magnuson-Stevens Act the Pacific
Fishery Management Council (PFMC)
was notified of this approval. This
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action is intended to provide
management flexibility in times of low
Klamath River fall-run Chinook (KRFC)
abundance, while preserving the longterm productive capacity of the stock
and thereby ensuring it continues to
contribute meaningfully to ocean and
river fisheries in the future.
DATES: A notice of availability (NOA) of
Amendment 15 was published on
December 20, 2006 under the RIN 0648–
AV07. Written comments on the
amendment’s NOA were due February
20, 2007. Written comments on this
proposed rule must be received by June
28, 2007.
ADDRESSES: You may submit comments,
identified by ‘‘I.D. 120806A’’ by an of
the following methods:
• Email:
salmon2006amend15@noaa.gov
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments,
and include ‘‘I.D. 120806A’’ in the
subject line of the message.
• Mail: D. Robert Lohn, Administrator,
Northwest Region, NMFS, Sand Point
Way NE, BIN C15700, Seattle, WA
98115–0070; or to Rodney R. McInnis,
Administrator, Southwest Region,
NMFS, 501 West Ocean Boulevard,
Suite 4200, Long Beach, CA 90802–
4213.
• Fax: 206–526–6426
FOR FURTHER INFORMATION CONTACT:
Sarah McAvinchey by phone at 206526–6140, fax 206–526–6736 and email
at sarah.mcavinchey@noaa.gov, or Eric
Chavez by phone at 508–980–4064,
email at eric.chavez@noaa.gov, fax 508–
908–4047 or contact Pacific Fishery
Management Council by phone at 503–
820–2290 or by fax at 503–820–2299.
SUPPLEMENTARY INFORMATION:
Background
The Pacific Coast Salmon Fishery
Management Plan (FMP) was developed
by the Pacific Fishery Management
Council (PFMC or Council) under the
Magnuson-Stevens Act, 16 U.S.C. 1801
et seq., and approved by the Secretary
in 1978. Since then, the FMP has been
amended 14 times, with implementing
regulations codified at 50 CFR part 660,
subpart H. From 1979 to 1983, the FMP
was amended annually. In 1984, a
framework amendment was
implemented that provided the
mechanism for making preseason and
inseason adjustments in the regulations
without annual amendments.
Amendment 9 to the FMP was
approved in 1988 and implemented in
ocean fishing regulations effective May
1, 1989. This Salmon FMP amendment
codified the harvest rate management
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]]>Agencies
[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Proposed Rules]
[Pages 27265-27276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9296]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2006-0840; FRL-8314-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Lancaster 8-Hour Ozone Nonattainment
Area to Attainment and Approval of the Associated Maintenance Plan and
2002 Base-Year Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a redesignation request and State
Implementation Plan (SIP) revisions submitted by the Commonwealth of
Pennsylvania. The Pennsylvania Department of Environmental Protection
(PADEP) is requesting that the Lancaster ozone nonattainment area
(``Lancaster Area'' or ``Area'') be redesignated as attainment for the
8-hour ozone national ambient air quality standard (NAAQS). The Area is
comprised of Lancaster County, Pennsylvania. EPA is proposing to
approve the ozone redesignation request for the Lancaster Area. In
conjunction with its redesignation request, the Commonwealth submitted
a SIP revision consisting of a maintenance plan for the Lancaster Area
that provides for continued attainment of the 8-hour ozone NAAQS for 11
years after redesignation. EPA is proposing to make a determination
that the Lancaster Area has attained the 8-hour ozone NAAQS, based upon
three years of complete, quality-assured ambient air quality monitoring
data for 2003-2005. EPA's proposed approval of the 8-hour ozone
redesignation request is based on its determination that the Lancaster
Area has met the criteria for redesignation to attainment specified in
the Clean Air Act (CAA). In addition, the Commonwealth of Pennsylvania
has also submitted a 2002 base-year inventory for the Lancaster Area,
and EPA is proposing to approve that inventory for the Lancaster Area
as a SIP revision. EPA is also providing information on the status of
its adequacy determination for the motor vehicle emission budgets
(MVEBs) that are identified in the maintenance plan for the Lancaster
Area for purposes of transportation conformity, and is also proposing
to approve those MVEBs. EPA is proposing approval of the redesignation
request and of the maintenance plan and 2002 base-year inventory SIP
revisions in accordance with the requirements of the CAA.
DATES: Written comments must be received on or before June 14, 2007.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0840 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: miller.linda@epa.gov.
C. Mail: EPA-R03-OAR-2006-0840, Linda Miller, Acting Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0840. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.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
www.regulations.gov index. Although listed in the index, some
information is
[[Page 27266]]
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy
during normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the Pennsylvania Department of Environmental Protection,
Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What Are the Actions EPA Is Proposing to Take?
II. What Is the Background for These Proposed Actions?
III. What Are the Criteria for Redesignation to Attainment?
IV. Why Is EPA Taking These Actions?
V. What Would Be the Effect of These Actions?
VI. What Is EPA's Analysis of the Commonwealth's Request?
VII. Are the Motor Vehicle Emissions Budgets Established and
Identified in the Maintenance Plan for the Lancaster Area Adequate
and Approvable?
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews
I. What Are the Actions EPA Is Proposing To Take?
On September 20, 2006, as supplemented on November 8, 2006, the
PADEP formally submitted a request to redesignate the Lancaster Area
from nonattainment to attainment of the 8-hour NAAQS for ozone.
Concurrently, Pennsylvania submitted a maintenance plan for the
Lancaster Area as a SIP revision to ensure continued attainment in the
Area for at least 11 years after redesignation. PADEP also submitted a
2002 base-year inventory for the Lancaster Area as a SIP revision. The
Lancaster Area is comprised of the County of Lancaster. It is currently
designated a marginal 8-hour ozone nonattainment area. EPA is proposing
to determine that the Lancaster Area has attained the 8-hour ozone
NAAQS and that it has met the requirements for redesignation pursuant
to section 107(d)(3)(E) of the CAA. EPA is, therefore, proposing to
approve the redesignation request to change the designation of the
Lancaster Area from nonattainment to attainment for the 8-hour ozone
NAAQS. EPA is also proposing to approve the Lancaster maintenance plan
as a SIP revision for the Area (such approval being one of the CAA
criteria for redesignation to attainment status). The maintenance plan
is designed to ensure continued attainment in the Lancaster Area for
the next 11 years. EPA is also proposing to approve the 2002 base-year
inventory for the Lancaster Area as a SIP revision. Additionally, EPA
is announcing its action on the adequacy process for the MVEBs
identified in the Lancaster Area maintenance plan, and proposing to
approve the MVEBs identified for volatile organic compounds (VOCs) and
nitrogen oxides (NOX) for the Lancaster Area for
transportation conformity purposes.
II. What Is the Background for These Proposed Actions?
A. General
Ground-level ozone is not emitted directly by sources. Rather,
emissions of NOX and VOC react in the presence of sunlight
to form ground-level ozone. The air pollutants NOX and VOC
are referred to as precursors of ozone. The CAA establishes a process
for air quality management through the attainment and maintenance of
the NAAQS.
On July 18, 1997, EPA promulgated a revised 8-hour ozone standard
of 0.08 parts per million (ppm). This new standard is more stringent
than the previous 1-hour standard. EPA designated, as nonattainment,
any area violating the 8-hour ozone NAAQS based on the air quality data
for the three years of 2001-2003. These were the most recent three
years of data at the time EPA designated 8-hour areas. The Lancaster
Area was designated a moderate 8-hour ozone nonattainment area in a
Federal Register notice signed on April 15, 2004 and published on April
30, 2004 (69 FR 23857), based on its exceedance of the 8-hour health-
based standard for ozone during the years 2001-2003. In July 2004,
Pennsylvania requested that the EPA reclassify the Lancaster Area to a
``marginal'' 8-hour ozone nonattainment Area in accordance with section
181(a)(4) of the CAA, which allows a state to request reclassification
if the design value in the nonattainment area is five percent greater
or five percent less than the level on which the classification is
based. The Lancaster Area was reclassified by EPA as a ``marginal'' 8-
hour ozone nonattainment area on September 22, 2004 (69 FR 56697).
On April 30, 2004, EPA issued a final rule (69 FR 23951, 23996) to
revoke the 1-hour ozone NAAQS in the Lancaster Area (as well as most
other areas of the country) effective June 15, 2005. See 40 CFR
50.9(b); 69 FR at 23996 (April 30, 2004); 70 FR 44470 (August 3, 2005).
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 23951, April 30, 2004). See South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006) (hereafter ``South Coast.''). The Court held that certain
provisions of EPA's Phase 1 Rule were inconsistent with the
requirements of the Clean Air Act. The Court rejected EPA's reasons for
implementing the 8-hour standard in nonattainment areas under subpart 1
in lieu of subpart 2 of Title I, part D of the Act. The Court also held
that EPA improperly failed to retain four 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 1-hour severe or extreme nonattainment
areas; (3) measures to be implemented pursuant to section 172(c)(9) or
182(c)(9) of the Act, on the contingency of an area not making
reasonable further progress toward attainment of the 1-hour NAAQS, or
for failure to attain that NAAQS; and (4) the certain conformity
requirements for certain types of federal actions. The Court upheld
EPA's authority to revoke the 1-hour standard provided there were
adequate anti-backsliding provisions. Elsewhere in this document,
mainly in section VI.B, ``The Lancaster Area Has Met All Applicable
Requirements Under Section 110 and Part D of the CAA and Has a Fully
Approved SIP Under Section 110(k) of the CAA,'' EPA discusses its
rationale why the decision in South Coast is not an impediment to
redesignating the Lancaster Area to attainment of the 8-hour ozone
NAAQS.
The CAA, title I, part D, contains two sets of provisions--subpart
1 and subpart 2--that address planning and control requirements for
nonattainment areas. Subpart 1 (which EPA refers to as ``basic''
nonattainment) contains general, less prescriptive requirements for
nonattainment areas for any pollutant--including ozone--governed by a
NAAQS. Subpart 2 (which EPA refers to as ``classified'' nonattainment)
provides more specific requirements for
[[Page 27267]]
ozone nonattainment areas. Some 8-hour ozone nonattainment areas are
subject only to the provisions of subpart 1. Other areas are also
subject to the provisions of subpart 2. Under EPA's 8-hour ozone
implementation rule, an area was classified under subpart 2 based on
its 8-hour ozone design value (i.e., the 3-year average annual fourth-
highest daily maximum 8-hour average ozone concentration), if it had a
1-hour design value at or above 0.121 ppm (the lowest 1-hour design
value in the CAA for subpart 2 requirements). All other areas were
covered under subpart 1, based upon their 8-hour design values. In
2004, the Lancaster Area was classified a marginal 8-hour ozone
nonattainment area based on air quality monitoring data from 2001-2003.
Therefore, the Lancaster Area is subject to the requirements of subpart
2 of part D.
Under 40 CFR part 50, the 8-hour ozone standard is attained when
the 3-year average of the annual fourth-highest daily maximum 8-hour
average ambient air quality ozone concentrations is less than or equal
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). See 69 FR
23857, (April 30, 2004) for further information. Ambient air quality
monitoring data for the 3-year period must meet data completeness
requirements. The data completeness requirements are met when the
average percent of days with valid ambient monitoring data is greater
than 90 percent, and no single year has less than 75 percent data
completeness as determined in Appendix I of 40 CFR part 50. The ozone
monitoring data indicates that the Lancaster Area has a design value of
0.083 ppm for the 3-year period of 2003-2005, using complete, quality-
assured data. Therefore, the ambient ozone data for the Lancaster Area
indicates no violations of the 8-hour ozone standard.
B. The Lancaster Area
The Lancaster Area consists of the County of Lancaster,
Pennsylvania. Prior to its designation as an 8-hour ozone nonattainment
area, the Lancaster Area was a marginal 1-hour ozone nonattainment
Area, and therefore was subject to requirements for marginal
nonattainment areas pursuant to section 182(a) of the CAA. See 56 FR
56694 (November 6, 1991).
On September 20, 2006 and supplemented on November 8, 2006, the
PADEP requested that the Lancaster Area be redesignated to attainment
for the 8-hour ozone standard. The redesignation request included three
years of complete, quality-assured data for the period of 2003-2005,
indicating that the 8-hour NAAQS for ozone had been achieved in the
Lancaster Area. The data satisfies the CAA requirements that the 3-year
average of the annual fourth-highest daily maximum 8-hour average ozone
concentration (commonly referred to as the area's design value), must
be less than or equal to 0.08 ppm (i.e., 0.084 ppm when rounding is
considered). Under the CAA, a nonattainment area may be redesignated if
sufficient complete, quality-assured data is available to determine
that the area has attained the standard and the area meets the other
CAA redesignation requirements set forth in section 107(d)(3)(E).
III. What Are the Criteria for Redesignation to Attainment?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA,
allows for redesignation, providing that:
(1) EPA determines that the area has attained the applicable NAAQS;
(2) EPA has fully approved the applicable implementation plan for
the area under section 110(k);
(3) EPA determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable
reductions;
(4) EPA has fully approved a maintenance plan for the area as
meeting the requirements of section 175A; and
(5) The State containing such area has met all requirements
applicable to the area under section 110 and part D.
EPA provided guidance on redesignations in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990, on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). EPA has provided further guidance on processing
redesignation requests in the following documents:
``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, June, 18, 1990;
``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John
Calcagni Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSDs) for Redesignation
Ozone and Carbon Monoxide
(CO) Nonattainment Areas,'' Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on
or after November 15, 1992,'' Memorandum from Michael
H. Shapiro, Acting Assistant Administrator for Air and
Radiation, September 17, 1993;
Memorandum from D. Kent Berry, Acting Director, Air
Quality Management Division, to Air Division Directors, Regions 1-10,
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and
CO Nonattainment Areas,'' dated November 30, 1993;
``Part D New Source Review (part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
``Reasonable Further Progress, Attainment Demonstration,
and Related Requirements for Ozone Nonattainment Areas Meeting the
Ozone National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May 10,
1995.
IV. Why Is EPA Taking These Actions?
On September 20, 2006, the PADEP requested redesignation of the
Lancaster Area to attainment for the 8-hour ozone standard. On
September 20, 2006, as supplemented on November 8, 2006, PADEP
submitted a maintenance plan for the Lancaster Area as a SIP revision
to ensure continued attainment at least 11 years after redesignation.
PADEP also submitted a 2002 base-year inventory concurrently with its
maintenance plan as a SIP revision, which is an applicable requirement
for the Lancaster Area for
[[Page 27268]]
purposes of redesignation. EPA has determined that the Lancaster Area
has attained the 8-hour ozone standard and has met the requirements for
redesignation set forth in section 107(d)(3)(E).
V. What Would Be the Effect of These Actions?
Approval of the redesignation request would change the official
designation of the Lancaster Area from nonattainment to attainment for
the 8-hour ozone NAAQS found at 40 CFR part 81. It would also
incorporate into the Pennsylvania SIP a 2002 base-year inventory and a
maintenance plan ensuring continued attainment of the 8-hour ozone
NAAQS in the Lancaster Area for the next 11 years. The maintenance plan
includes contingency measures to remedy any future violations of the 8-
hour NAAQS (should they occur), and identifies the NOX and
VOC MVEBs for transportation conformity purposes for the years 2009 and
2018. These MVEBs are displayed in the following table:
Table 1.--Motor Vehicle Emissions Budgets in Tons per Day (tpd)
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2009.......................................... 14.3 22.3
2018.......................................... 7.8 9.0
------------------------------------------------------------------------
VI. What Is EPA's Analysis of the Commonwealth's Request?
EPA is proposing to determine that the Lancaster Area has attained
the 8-hour ozone standard, and that all other redesignation criteria
have been met. The following is a description of how the PADEP's
September 20, 2006 and November 8, 2006 submittals satisfy the
requirements of section 107(d)(3)(E) of the CAA.
A. The Lancaster Area Has Attained the 8-Hour Ozone NAAQS
EPA is proposing to determine that the Lancaster Area has attained
the 8-hour ozone NAAQS. For ozone, an area may be considered to be
attaining the 8-hour ozone NAAQS if there are no violations, as
determined in accordance with 40 CFR 50.10 and Appendix I of Part 50,
based on three complete, consecutive calendar years of quality-assured
air quality monitoring data. To attain this standard, the design value,
which is the 3-year average of the fourth-highest daily maximum 8-hour
average ozone concentrations measured at each monitor, within the area,
over each year must not exceed the ozone standard of 0.08 ppm. Based on
the rounding convention described in 40 CFR part 50, Appendix I, the
standard is attained if the design value is 0.084 ppm or below. The
data must be collected and quality-assured in accordance with 40 CFR
part 58, and recorded in the Air Quality System (AQS). The monitors
generally should have remained at the same location for the duration of
the monitoring period required for demonstrating attainment.
In the Lancaster Area, there is one ozone monitor, located in
Lancaster County that measures air quality with respect to ozone. As
part of its redesignation request, Pennsylvania referenced ozone
monitoring data for the years 2003-2005 for the Lancaster Area. This
data has been quality assured and is recorded in the AQS. The fourth-
high 8-hour daily maximum concentrations, along with the three-year
average are summarized in Table 2.
Table 2.--Lancaster Area Fourth Highest 8-Hour Average Values Lancaster
County Monitor/AQS ID 42-071-0007
------------------------------------------------------------------------
Annual 4th
Year highest reading
(ppm)
------------------------------------------------------------------------
2003.................................................. 0.083
2004.................................................. 0.081
2005.................................................. 0.085
------------------------------------------------------------------------
The average for the 3-year period 2003-2005 is 0.083 ppm.
The air quality data for 2003-2005 show that the Lancaster Area has
attained the 8-hour standard with a design value of 0.083 ppm. The data
collected at the Lancaster Area monitor satisfies the CAA requirement
that the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.08 ppm. EPA
believes this conclusion remains valid after review of the available
2006 data because the design value for 2004-2006 would be 0.083 ppm.
The PADEP's request for redesignation for the Lancaster Area indicates
that the data is complete and was quality assured in accordance with 40
CFR part 58. The PADEP uses the AQS as the permanent database to
maintain its data and quality assures the data transfers and content
for accuracy. In addition, as discussed below with respect to the
maintenance plan, PADEP has committed to continue monitoring in
accordance with 40 CFR part 58. In summary, EPA has determined that the
data submitted by Pennsylvania and data taken from AQS indicate that
the Lancaster Area has attained the 8-hour ozone NAAQS.
B. The Lancaster Area Has Met All Applicable Requirements Under Section
110 and Part D of the CAA and Has a Fully Approved SIP Under Section
110(k) of the CAA
EPA has determined that the Lancaster Area has met all SIP
requirements applicable for purposes of this redesignation under
section 110 of the CAA (General SIP Requirements) and that it meets all
applicable SIP requirements under part D of Title I of the CAA, in
accordance with section 107(d)(3)(E)(v). In addition, EPA has
determined that the SIP is fully approved with respect to all
requirements applicable for purposes of redesignation in accordance
with section 107(d)(3)(E)(ii). In making these proposed determinations,
EPA ascertained which requirements are applicable to the Lancaster Area
and determined that the applicable portions of the SIP meeting these
requirements are fully approved under section 110(k) of the CAA. We
note that SIPs must be fully approved only with respect to applicable
requirements.
The September 4, 1992 Calcagni memorandum (``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E) with respect to the timing of applicable requirements.
Under this interpretation, to qualify for redesignation, States
requesting redesignation to attainment must meet only the relevant CAA
requirements that came due prior to the submittal of a complete
redesignation request. See also, Michael Shapiro memorandum, September
17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of
Detroit-Ann Arbor). Requirements of the CAA that are applicable
subsequent to the area's submittal of a complete redesignation request
remain applicable until a redesignation is approved, but are not
required as a prerequisite to redesignation. Section 175A(c) of the
CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also, 68 FR
at 25424, 25427 (May 12, 2003) (redesignation of St. Louis).
This section also sets forth EPA's views on the potential effect of
the Court's ruling in South Coast on this redesignation action. For the
reasons set forth below, EPA does not believe that the Court's ruling
alters any requirements relevant to this redesignation action so as to
preclude redesignation, and does not prevent EPA from finalizing this
redesignation.
[[Page 27269]]
EPA believes that the Court's decision, as it currently stands or as it
may be modified based upon any petition for rehearing that has been
filed, imposes no impediment to moving forward with the redesignation
of this Area to attainment, because in either circumstance,
redesignation is appropriate under the relevant redesignation
provisions of the Act and longstanding policies regarding redesignation
requests.
1. Section 110 General SIP Requirements
Section 110(a)(2) of Title I of the CAA delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means, or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
The general SIP elements and requirements set forth in section
110(a)(2) include, but are not limited to the following:
Submittal of a SIP that has been adopted by the State
after reasonable public notice and hearing;
Provisions for establishment and operation of appropriate
procedures needed to monitor ambient air quality;
Implementation of a source permit program; provisions for
the implementation of part C requirements (Prevention of Significant
Deterioration (PSD));
Provisions for the implementation of part D requirements
for New Source Review (NSR) permit programs;
Provisions for air pollution modeling; and
Provisions for public and local agency participation in
planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a State from significantly contributing to air
quality problems in another State. To implement this provision, EPA has
required certain states to establish programs to address transport of
air pollutants in accordance with the NOX SIP Call, October
27, 1998 (63 FR 57356), amendments to the NOX SIP Call, May
14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and the Clean
Air Interstate Rule (CAIR), May 12, 2005 (70 FR 25162). However, the
section 110(a)(2)(D) requirements for a State are not linked with a
particular nonattainment area's designation and classification in that
State. EPA believes that the requirements linked with a particular
nonattainment area's designation and classifications are the relevant
measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the State.
Thus, we do not believe that these requirements should be construed
to be applicable requirements for purposes of redesignation. In
addition, EPA believes that the other section 110 elements not
connected with nonattainment plan submissions and not linked with an
area's attainment status are not applicable requirements for purposes
of redesignation. The Lancaster Area will still be subject to these
requirements after it is redesignated. The section 110 and part D
requirements, which are linked with a particular area's designation and
classification, are the relevant measures to evaluate in reviewing a
redesignation request. This policy is consistent with EPA's existing
policy on applicability of conformity (i.e., for redesignations) and
oxygenated fuels requirement. See Reading, Pennsylvania, proposed and
final rulemakings (61 FR 53174, October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Lorain, Ohio final rulemaking (61 FR 20458, May
7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748, December
7, 1995). See also, the discussion on this issue in the Cincinnati
redesignation (65 FR at 37890, June 19, 2000), and in the Pittsburgh
redesignation (66 FR at 53099, October 19, 2001). Similarly, with
respect to the NOX SIP Call rules, EPA noted in its Phase 1
Final Rule to Implement the 8-hour Ozone NAAQS, that the NOX
SIP Call rules are not ``an'' `applicable requirement' for purposes of
section 110(1) because the NOX rules apply regardless of an
area's attainment or nonattainment status for the 8-hour (or the 1-
hour) NAAQS.'' 69 FR 23951, 23983 (April 30, 2004).
EPA believes that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
As explained later in this notice, two part D requirements applicable
for purposes of redesignation under the 8-hour standard became due
prior to the submission of the redesignation request.
2. Part D Requirements Under the 8-Hour Standard
Pursuant to an April 30, 2004, final rule (69 FR 23951), the
Lancaster Area was designated a marginal nonattainment area under
subpart 2 for the 8-hour ozone standard. Sections 172-176 of the CAA,
found in subpart 1 of part D, set forth the basic nonattainment
requirements applicable to all nonattainment areas. Section 182 of the
CAA, found in subpart 2 of part D, establishes additional specific
requirements depending on the area's nonattainment classification.
With respect to the 8-hour standard, we do not believe that any
part of the court's opinion in South Coast would require that this
subpart 2 classification be changed upon remand to EPA. However, even
assuming for present purposes that the Lancaster Area would become
subject to a different classification under a classification scheme
created in a future role in response to the court's decision, that
would not prevent EPA from finalizing a redesignation for this area.
For the reasons set forth below, we believe that any additional
requirements that might apply based on that different classification
would not be applicable for purposes of evaluating the redesignation
request.
This belief is based upon (1) EPA's longstanding policy of
evaluating redesignation requests in accordance only with the
requirements due at the time the request was submitted; and (2)
consideration of the inequity of applying retroactively any
requirements that might be applied in the future.
First, at the time the redesignation request was submitted, the
Lancaster Area was classified under subpart 2 and was required to meet
the subpart 2 requirements. Under EPA's longstanding interpretation of
section 107(d)(3)(E) of the Clean Air Act, to qualify for
redesignation, states requesting redesignation to attainment must meet
only the relevant SIP requirements that came due prior to the submittal
of a complete redesignation request. September 4, 1992 Calcagni
memorandum (``Procedures for Processing Requests to Redesignate Areas
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division). See also, Michael Shapiro Memorandum, September
17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of
Detroit-Ann Arbor); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004)
(which upheld this interpretation); 68 FR 25418, 25424, 25427 (May 12,
2003) (redesignation of St. Louis).
Moreover, it would be inequitable to retroactively apply any new
SIP requirements that were not applicable at the time the request was
submitted, but which might later become applicable. The D.C. Circuit
has recognized the inequity in such retroactive rulemaking. See, Sierra
Club v. Whitman, 285 F.3d 63 (D.C. Cir. 2002), in which the D.C.
Circuit upheld a District Court's ruling refusing to make retroactive
an EPA
[[Page 27270]]
determination of nonattainment that was past the statutory due date.
Such a determination would have resulted in the imposition of
additional requirements on the area. The Court stated: ``Although EPA
failed to make the nonattainment determination within the statutory
time frame, Sierra Club's proposed solution only makes the situation
worse. Retroactive relief would likely impose large costs on the
States, which would face fines and suits for not implementing air
pollution prevention plans in 1997, even though they were not on notice
at the time.'' Id at 68. Similarly, here it would be unfair to penalize
the Area by applying to it for purposes of redesignation any additional
requirements that were not in effect at the time it submitted its
redesignation request, but that might apply in the future.
With respect to the 8-hour standard, two part D subpart 2
requirements became due for the Lancaster Area under section 182(a) of
the CAA prior to redesignation--a 2002 base-year inventory, and the
emissions statement requirement pursuant to section 182(a)(3)(B).
Pennsylvania already has in its approved SIP an emissions statement
rule for the 1-hour standard that covers all portions of the designated
8-hour nonattainment area, and that satisfies the emissions statement
requirement for the 8-hour standard. See, 25 Pa. Code 135.21(a)(1)
codified at 40 CFR 52.2020; 60 FR 2881, January 12, 1995. EPA is
proposing to approve the 2002 base-year inventory for the Lancaster
Area, which was submitted on September 30, 2006, and supplemented on
November 8, 2006, concurrently with its maintenance plan, into the
Pennsylvania SIP. A detailed evaluation of Pennsylvania's 2002 base-
year inventory for the Lancaster Area can be found in a Technical
Support Document (TSD) prepared by EPA for this rulemaking. EPA has
determined that the emission inventory and emissions statement
requirements for the Lancaster Area have been satisfied.
EPA believes it is reasonable to interpret the general conformity
and NSR requirements of part D as not requiring approval prior to
redesignation. With respect to section 176, Conformity Requirements,
section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects developed, funded or approved under Title 23
U.S.C. and the Federal Transit Act (``transportation conformity'') as
well as to all other Federally supported or funded projects (``general
conformity''). State conformity revisions must be consistent with
Federal conformity regulations relating to consultation, enforcement
and enforceability that the CAA required the EPA to promulgate. EPA
believes it is reasonable to interpret the conformity SIP requirements
as not applying for purposes of evaluating the redesignation request
under section 107(d) since State conformity rules are still required
after redesignation and Federal conformity rules apply where State
rules have not been approved. See, Wall v. EPA, 265 F. 3d 426, 438-440
(6th Cir. 2001), upholding this interpretation. See also, 60 FR 62748
(December 7, 1995).
In the case of the Lancaster Area, which is located in the Ozone
Transport Region (OTR), nonattainment NSR requirements will continue to
be applicable after redesignation. On October 19, 2001 (66 FR 53094),
EPA approved Pennsylvania's NSR SIP revision for the Lancaster Area.
This revision imposes the OTR NSR requirements in marginal and
incomplete data ozone nonattainment areas and ozone attainment areas
within the Commonwealth. The OTR requirements are more stringent than
those required in marginal ozone nonattainment areas because a lower
threshold for what constitutes a major stationary source of VOC
emissions is required and a higher offset ratio is required.
Pennsylvania's NSR SIP also imposes the NSR requirements on major
sources of NOX emissions as required by section 182(f) of
the CAA.
EPA has also interpreted the section 184 OTR requirements,
including the NSR program, as not being applicable for purposes of
redesignation. The rationale for this is based on two considerations.
First, the requirement to submit SIP revisions for the section 184
requirements continues to apply to areas in the OTR after redesignation
to attainment. Therefore, the State remains obligated to have NSR, as
well as reasonably available control technology (RACT), and Vehicle
Inspection and Maintenance programs even after redesignation. Second,
the section 184 control measures are region-wide requirements and do
not apply to Lancaster by virtue of the Area's designation and
classification. See, 61 FR 53174, 53175-53176 (October 10, 1996) and 62
FR 24826, 24830-32 (May 7, 1997).
3. Part D Requirements Under the 1-Hour Standard
In its December 22, 2006 decision in South Coast, the Court also
addressed EPA's revocation of the 1-hour ozone standard. The current
status of the revocation and associated anti-backsliding rules is
dependent on whether the Court's decision stands as originally issued
or is modified in response to any petition for rehearing or request for
clarification that has been filed. As described more fully below, EPA
believes that the Area has attained the 1-hour standard and has met all
of the requirements under the 1-hour standard that would apply even if
the 1-hour standard is deemed to be reinstated and, those requirements
are viewed as applying under the statute itself. Thus, the Court's
decision, as it currently stands, imposes no impediment to moving
forward with the redesignation of this Area to attainment of the 8-hour
standard. Further, even if the court's decision were modified based
upon any petition for rehearing that has been filed, such that the
ultimate decision requires something less than compliance with all
applicable 1-hour requirements, since the area meets all such
requirements as explained below, it would certainly meet any lesser
requirements and thus similarly redesignation could proceed.
The conformity portion of the Court's ruling does not impact the
redesignation request for the Lancaster Area because there are no
conformity requirements that are relevant to a redesignation request
for any standard, including the requirement to submit a transportation
conformity SIP.\1\ As we have previously noted, under longstanding EPA
policy, EPA believes it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of evaluating a redesignation
request under section 107(d) because state conformity rules are still
required after redesignation and federal conformity rules apply where
state rules have not been approved. 40 CFR 51.390. See, Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), upholding this interpretation. See, also,
60 FR 62748 (December 7, 1995) (Tampa, Florida redesignation).
---------------------------------------------------------------------------
\1\ The Clean Air Act section 176(c )(4)(E) currently requires
States to submit revisions to their SIPs to reflect certain federal
criteria and procedures for determining transportation conformity.
Transportation conformity SIPs are different from the motor vehicle
emissions budgets that are established in control strategy SIPs and
maintenance plans.
---------------------------------------------------------------------------
With respect to the requirement for submission of contingency
measures for the 1-hour standard, section 182(a) does not require
contingency measures for
[[Page 27271]]
marginal areas, and, therefore, that portion of the Court's ruling does
not impact the redesignation request for the Lancaster Area.
Prior to its designation as an 8-hour ozone nonattainment area, the
Lancaster Area was designated a marginal nonattainment area for the 1-
hour standard. With respect to the 1-hour standard, the applicable
requirements of subpart 1 and of subpart 2 of part D (section 182) for
the Lancaster Area are discussed in the following paragraphs:
Section 182(a)(2)(A) required SIP revisions to correct or amend
RACT for sources in marginal areas, such as the Lancaster Area, that
were subject to control technique guidelines (CTGs) issued before
November 15, 1990 pursuant to CAA section 108. On December 22, 1994,
EPA fully approved into the Pennsylvania SIP all corrections required
under section 182(a)(2)(A) of the CAA (59 FR 65971, December 22, 1994).
EPA believes that this requirement applies only to marginal and higher
classified areas under the 1-hour NAAQS pursuant to the 1990 amendments
to the CAA; therefore, this is a one-time requirement. After an area
has fulfilled the section 182(a)(2)(A) requirement for the 1-hour
NAAQS, there is no requirement under the 8-hour NAAQS.
Section 182(a)(2)(B) relates to the savings clause for vehicle
inspection and maintenance (I/M). It requires marginal areas to adopt
vehicle I/M programs. This provision was not applicable to the
Lancaster Area because this area did not have and was not required to
have an I/M program before November 15, 1990.
Section 182(a)(3)(A) requires a triennial Periodic Emissions
Inventory for the nonattainment area. The most recent inventory for the
Lancaster Area was compiled for 2002 and submitted to EPA as a SIP
revision with the maintenance plan for the Lancaster Area.
Section 182(a)(2)(C) required Pennsylvania to adopt a NSR Permit
Program or to correct its existing program to meet EPA guidance
requirements issued prior to 1990. As discussed previously, EPA
believes it is reasonable to interpret the NSR requirements of part D
as not requiring approval prior to redesignation. However, as noted
previously, EPA has fully approved Pennsylvania's NSR program for the
Lancaster Area.
Section 182(a)(3)(B) requires sources of VOCs and NOX in
the nonattainment area to submit Emissions Statements regarding the
quantity of emissions from the previous year. As discussed previously,
Pennsylvania already has in its approved SIP a previously approved
emissions statement rule for the 1-hour standard which applies to the
Lancaster Area.
Section 182(a)(1) provides for the submission of a comprehensive,
accurate, current inventory of actual emissions from all sources, as
described in section 172(c)(3), in accordance with guidance provided by
the Administrator. In this proposed rule, EPA is proposing to approve a
2002 base-year emissions inventory for the Lancaster Area as meeting
the requirement of section 182(a)(1). While EPA generally required that
the base-year inventory for the 1-hour standard be for calendar year
1990, EPA believes that Pennsylvania's 2002 inventory fulfills this
requirement because it meets EPA's guidance and because it is more up
to date than 1990. EPA also proposes to determine that, if the 1-hour
standard is deemed to be reinstated, the 2002 base-year inventory for
the 8-hour standard will provide an acceptable substitute for the base-
year inventory for the 1-hour standard.
As noted previously, EPA believes it is reasonable to interpret the
general conformity requirements of part D as not requiring approval
prior to redesignation.
EPA has previously determined that the Lancaster Area has attained
the 1-hour ozone NAAQS by the November 15, 1993 attainment date (60 FR
3349, January 17, 1995), and we further believe that the Lancaster Area
is still in attainment for the 1-hour ozone NAAQS based upon the ozone
monitoring data for the years 2003-2005. To demonstrate attainment,
i.e., compliance with this standard, the annual average of the number
of expected exceedances of the 1-hour standard over a three-year period
must be less than or equal to 1. Table 3 provides a summary of the
number of expected exceedances for each of the years 2003 through 2005
and three-year annual average.
Table 3.--Lancaster Nonattainment Area Number of Expected Exceedances of
the 1-Hour Ozone Standard; Lancaster County Monitor/AQS ID 42-071-0007
------------------------------------------------------------------------
Number of
Year expected
exceedances
------------------------------------------------------------------------
2003....................................................... 1.0
2004....................................................... 0.0
2005....................................................... 0.0
------------------------------------------------------------------------
The average number of expected exceedances for the 3-year period 2003
through 2005 is 0.3.
In summary, EPA has determined that the data submitted by
Pennsylvania and taken from AQS indicates that the Lancaster Area is
maintaining air quality that conforms to the 1-hour ozone NAAQS. EPA
believes this conclusion remains valid after review of the available
2006 data because no exceedances were recorded in the Lancaster Area in
2006.
4. Transport Region Requirements
All areas in the Ozone Transport Region (OTR), both attainment and
nonattainment, are subject to additional control requirements under
section 184 for the purpose of reducing interstate transport of
emissions that may contribute to downwind ozone nonattainment. The
section 184 requirements include RACT, enhanced vehicle inspection and
maintenance, and Stage II vapor recovery or a comparable measure.
In the case of the Lancaster Area, which is located in the OTR,
nonattainment NSR will be applicable after redesignation. On October
19, 2001 (66 FR 53094), EPA fully approved Pennsylvania's NSR SIP
revision consisting of Pennsylvania's Chapter 127 part D NSR
regulations that cover the Lancaster Area. The Chapter 127 part D NSR
regulations in the Pennsylvania SIP explicitly apply the requirements
for NSR of section 184 of the CAA to attainment areas within the OTR.
EPA has also interpreted the section 184 OTR requirements,
including the NSR program, as not being applicable for purposes of
redesignation. See, 61 FR 53174, October 10, 1996 and 62 FR 24826, May
7, 1997 (Reading, Pennsylvania Redesignation). The rationale for this
is based on two considerations. First, the requirement to submit SIP
revisions for the section 184 requirements continues to apply to areas
in the OTR after redesignation to attainment. Therefore, the State
remains obligated to have NSR, as well as RACT, and I/M even after
redesignation. Second, the section 184 control measures are region-wide
requirements and do not apply to the Area by virtue of the Area's
designation and classification. See, 61 FR 53174 at 53175-53176
(October 10, 1996) and 62 FR 24826 at 24830-24832 (May 7, 1997).
5. Lancaster Has a Fully Approved SIP for Purposes of Redesignation
EPA has fully approved the Pennsylvania SIP for the purposes of
this redesignation. EPA may rely on prior SIP approvals in approving a
redesignation request, Calcagni Memo, p.3; Southwestern Pennsylvania
Growth
[[Page 27272]]
Alliance v. Browner, 144 F. 3d 984, 989-90 (6th Cir. 1998), Wall v.
EPA, 265 F. 3d 426 (6th Cir. 2001), plus any additional measures it may
approve in conjunction with a redesignation action. See, 68 FR at 25425
(May 12, 2003) and citations therein.
The Lancaster Area was a 1-hour ozone marginal nonattainment area
at the time of its designation as a marginal 8-hour ozone nonattainment
area on September 22, 2004 (69 FR 56697). As stated previously, two
subpart 2 part D requirements became due for the Lancaster Area prior
to redesignation--a 2002 base-year inventory, and the emissions
statement requirement. PADEP has submitted concurrently with its
maintenance plan, a 2002 base-year inventory as a SIP revision. In this
action, EPA is proposing approval of this inventory. The emissions
statement requirement for Lancaster was fulfilled under the 1-hour
standard. Because there are no outstanding SIP submission requirements
applicable for the purposes of the redesignation of Lancaster, the
applicable implementation plan satisfies all pertinent SIP
requirements.
C. The Air Quality Improvement in the Lancaster Area Is Due to
Permanent and Enforceable Reductions in Emissions Resulting From
Implementation of the SIP and Applicable Federal Air Pollution Control
Regulations and Other Permanent and Enforceable Reductions
EPA believes that the Commonwealth has demonstrated that the
observed air quality improvement in the Lancaster Area is due to
permanent and enforceable reductions in emissions resulting from
implementation of the SIP, Federal measures, and other State-adopted
measures. Emissions reductions attributable to these rules are shown in
Table 4.
Table 4.--Total VOC and NOX Emissions for 2002 and 2004 in Tons per Day (tpd)
----------------------------------------------------------------------------------------------------------------
Year Point * Area Nonroad Mobile Total
----------------------------------------------------------------------------------------------------------------
Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
2002........................................... 8.5 24.5 17.4 23.4 73.8
2004........................................... 8.1 24.4 17.3 19.8 69.6
Diff. (02-04).................................. 0.4 0.1 0.1 3.6 4.2
----------------------------------------------------------------------------------------------------------------
Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
2002........................................... 3.6 2.6 13.7 36.9 56.8
2004........................................... 3.9 2.6 13.2 32.3 52.0
Diff (02-04)................................... -03 0.0 0.5 4.6 4.8
----------------------------------------------------------------------------------------------------------------
* The stationary point source emissions shown here do not include banked emission credits of 3.7 tpd of VOC and
11 tpd of NOX as indicated in Technical Appendix A-4 to Pennsylvania's SIP submission.
Between 2002 and 2004, VOC emissions decreased by 5.7 percent from
73.8 tpd to 69.6 tpd; NOX emissions decreased by 8.4 percent
from 56.8 tpd to 52.0 tpd. These reductions, and anticipated future
reductions, are due to the following permanent and enforceable
measures.
1. Stationary Point Sources
Interstate Pollution Transport Reduction (66 FR 43795, August 21, 2001)
2. Stationary Area Sources
Solvent Cleaning (68 FR 2206, January 16, 2003)
Portable Fuel Containers (69 FR 70893, December 8, 2004)
3. Highway Vehicle Sources
Federal Motor Vehicle Control Programs (FMVCP)
--Tier 1 (56 FR 25724, June 5, 1991)
--Tier 2 (65 FR 6698, February 10, 2000)
Heavy-duty Engine and Vehicle Standards (62 FR 54694, October 21, 1997,
and 65 FR 59896, October 6, 2000)
National Low Emission Vehicle (NLEV) Program (64 FR 72564, December 28,
1999) Vehicle Emission Inspection/Maintenance Program (70 FR 58313,
October 6, 2005)
4. Non-Road Sources
Nonroad Diesel Engine and Fuel (69 FR 38958, June 29, 2004)
EPA believes that permanent and enforceable emissions reductions
are the cause of the long-term improvement in ozone levels and are the
cause of the area achieving attainment of the 8-hour ozone standard.
D. The Lancaster Area Has a Fully Approvable Maintenance Plan Pursuant
to Section 175A of the CAA
In conjunction with its request to redesignate the Lancaster Area
to attainment status, Pennsylvania submitted a SIP revision to provide
for maintenance of the 8-hour ozone NAAQS in the Lancaster Area for at
least 11 years after redesignation. Pennsylvania is requesting that EPA
approve this SIP revision as meeting the requirement of section 175A of
the CAA. Once approved, the maintenance plan for the 8-hour ozone NAAQS
will ensure that the SIP for the Lancaster Area meets the requirements
of the CAA regarding maintenance of the applicable 8-hour ozone
standard.
What Is Required in a Maintenance Plan?
Section 175 of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after approval of a
redesignation of an area to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the
next 10-year period following the initial 10-year period. To address
the possibility of future NAAQS violations, the maintenance plan must
contain such contingency measures, with a schedule for implementation,
as EPA deems necessary to assure prompt correction of any future 8-hour
ozone violations. Section 175A of the CAA sets forth the elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. The Calcagni memo provides additional guidance on the
content of a maintenance plan. An ozone maintenance plan should address
the following provisions:
[[Page 27273]]
(a) An attainment emissions inventory;
(b) A maintenance demonstration;
(c) A monitoring network;
(d) Verification of continued attainment; and
(e) A contingency plan.
Analysis of the Lancaster Area Maintenance Plan
(a) Attainment inventory--An attainment inventory includes the
emissions during the time period associated with the monitoring data
showing attainment. An attainment year of 2004 was used for the
Lancaster Area since it is a reasonable year within the 3-year block of
2003-2005 and accounts for reductions attributable to implementation of
the CAA requirements to date.
The 2002 and 2004 point source data was compiled from actual
sources. Pennsylvania requires owners and operators of larger
facilities to submit annual production figures and emission
calculations each year. Throughput data are multiplied by emission
factors from Factor Information Retrieval (FIRE) Data Systems and EPA's
publication series AP-42, and are based on Source Classification Codes
(SCC). The 2002 area source data was compiled using county-level
activity data, from census numbers, from county numbers, etc. The 2004
area source data was projected from the 2002 inventory using temporal
allocations provided by the Mid-Atlantic Regional Air Management
Association (MARAMA).
The on-road mobile source inventories for 2002 and 2004 were
compiled using MOBILE6.2 and PENNDOT estimates for VMT. The PADEP has
provided detailed data summaries to document the calculations of mobile
on-road VOC and NOX emissions for 2002, as well as for the
projection years of 2004, 2009, and 2018 (shown in Tables 4 and 5
below). The 2002 and 2004 emissions for the majority of non-road
emission source categories were estimated using the EPA NONROAD 2005
model. The NONROAD model calculates emissions for diesel, gasoline,
liquefied petroleum gasoline, and compressed natural gas-fueled non-
road equipment types and includes growth factors. The NONROAD model
does not estimate emissions from locomotives or aircraft. For 2002 and
2004 locomotive emissions, the PADEP projected emissions from a 1999
survey using national fuel consumption information and EPA emission and
conversion factors. There are no commercial aircraft operations in
Lancaster County. For 2002 and 2004 aircraft emissions, PADEP estimated
emissions using small airport operations statistics and emission
factors and operational characteristics in the EPA-approved model,
Emissions and Dispersion Modeling System (EDMS).
More detailed information on the compilation of the 2002, 2004,
2009, and 2018 inventories can be found in the Technical Appendices
which are part of this submittal.
(b) Maintenance Demonstration--On September 20, 2006, and
supplemented on November 8, 2006, the PADEP submitted a maintenance
plan as a SIP revision as required by section 175A of the CAA. The
Lancaster Area plan shows maintenance of the 8-hour ozone NAAQS by
demonstrating that current and future emissions of VOC and
NOX remain at or below the attainment year 2004 emissions
levels throughout the Lancaster Area through the year 2018. A
maintenance demonstration need not be based on modeling. See, Wall v.
EPA, supra; Sierra Club v. EPA, supra. See also, 66 FR at 53099-53100;
68 FR at 25430-25432.
Tables 5 and 6 specify the VOC and NOX emissions for the
Lancaster Area for 2004, 2009, and 2018. The PADEP chose 2009 as an
interim year in the maintenance demonstration period to demonstrate
that the VOC and NOX emissions are not projected to increase
above the 2004 attainment level during the time of the maintenance
period.
Table 5.--Total VOC Emissions for 2004-2018 (tpd)
------------------------------------------------------------------------
2004 VOC 2009 VOC 2018 VOC
Source category emissions emissions emissions
------------------------------------------------------------------------
Point *.......................... 8.1 8.7 11.0
Area............................. 24.4 24.2 27.2
Mobile........................... 19.8 14.3 7.8
Nonroad.......................... 17.3 15.0 11.9
--------------------------------------
Total........................ 69.6 62.2 57.9
------------------------------------------------------------------------
* The stationary point source emissions shown here do not include
available banked emission credits as indicated in Appendix A-4
submitted with the maintenance plan.
Table 6.--Total NOX Emissions for 2004-2018 (tpd)
------------------------------------------------------------------------
2004 NOX 2009 NOX 2018 NOX
Source category emissions emissions emissions
------------------------------------------------------------------------
Point *.......................... 3.9 4.1 4.6
Area............................. 2.6 2.8 2.9
Mobile........................... 32.3 22.3 9.0
Non-road......................... 13.2 10.8 6.8
--------------------------------------
Total........................ 52.0 39.9 23.2
------------------------------------------------------------------------
\*\ The stationary point source emissions shown here do not include
available banked emission credits as indicated in Appendix A-4.
The following programs are permanent and enforceable control
measures to ensure emissions during the maintenance period are equal to
or less than the emissions in the attainment year:
The Clean Air Interstate Rule (CAIR) (71 FR 25328, April
28, 2006)
The Federal NOX SIP Call (66 FR 43795, August
21, 2001)
Pennsylvania's Portable Fuel Containers (December 8, 2004,
69 FR 70893)
Pennsylvania's Consumer Products (December 8, 2004, 69 FR
70895)
[[Page 27274]]
Pennsylvania's Architectural and Industrial Maintenance
(AIM) Coatings (November 23, 2004, 69 FR 68080)
Additionally, the following mobile programs are either effective or
due to become effective and will further contribute to the maintenance
demonstration of the 8-hour ozone NAAQS:
FMVCP for passenger vehicles and light-duty trucks and
cleaner gasoline (2009 and 2018 fleet)--Tier 1 (56 FR 25724, June 5,
1991) and Tier 2 (65 FR 6698, February 10, 2000)
Federal NLEV (64 FR 72564, December 28, 1999)
PA Clean Vehicle Program (December 9, 2006)-Pennsylvania
will implement this program in car model year 2008.
Heavy-duty diesel on-road (2004/2007) and low-sulfur on-
road (2006) (66 FR 5002, January 18, 2001)
Non-road emissions standards (2008) and off-road diesel
fuel (2007/2010) (69 FR 38958, June 29, 2004)
Vehicle emission/inspection/maintenance program (70 FR
58313, October 6, 2005)
Pennsylvania Heavy-Duty Diesel Emissions Control Program.
(May 11, 2002)
Based upon the comparison of the projected emissions and the
attainment year emissions along with the additional measures, EPA
concludes that PADEP has successfully demonstrated that the 8-hour
ozone standard should be maintained in the Lancaster Areas.
(c) Monitoring Network--There is currently one monitor measuring
ozone in the Lancaster Area. PADEP will continue to operate its current
air quality monitor (located in Lancaster County), in accordance with
40 CFR part 58.
