Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Altoona 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan and 2002 Base Year Inventory, 41906-41909 [E7-14560]

Download as PDF 41906 Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations § 52.2020 Identification of plan. * * * * (e) * * * (1) * * * * Name of non-regulatory SIP revision State submittal date Applicable geographic area * * 8-Hour Ozone Maintenance Plan and 2002 Base Year Emissions Inventory. * * Johnstown (Cambria County) ....... 03/27/07 * * 08/01/07 [Insert page number where the document begins]. Authority: 42 U.S.C. 7401 et seq. PART 81—[AMENDED] 2. In § 81.339, the table entitled ‘‘Pennsylvania-Ozone (8-Hour Standard)’’ is amended by revising the I 1. The authority citation for prt 81 continues to read as follows: I Additional explanation EPA approval date * entry for the Johnstown, PA, Cambria County to read as follows: § 81.339 * * Pennsylvania. * * * PENNSYLVANIA—OZONE (8-HOUR STANDARD) Designation a Category/classification Designated area Date 1 * * Johnstown, PA: Cambria County ............... * * 08/01/07 * Date 1 Type Type * Attainment. * * * * * * * * a Includes 1 This * Indian County located in each county or area, except otherwise noted. date is June 15, 2004, unless otherwise noted. * * * * [FR Doc. E7–14745 Filed 7–31–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 and 81 [EPA–R03–OAR–2007–0245; FRL–8446–9] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Altoona 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Area’s Maintenance Plan and 2002 Base Year Inventory Environmental Protection Agency (EPA). ACTION: Final rule. sroberts on PROD1PC70 with RULES AGENCY: SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Altoona 8-hour ozone nonattainment area (‘‘Altoona Area’’ or ‘‘Area’’) be redesignated as attainment for the 8hour ozone ambient air quality standard (NAAQS). The Area is comprised of Blair County, Pennsylvania. EPA is approving the ozone redesignation request for Altoona Area. In conjunction VerDate Aug<31>2005 15:44 Jul 31, 2007 Jkt 211001 with its redesignation request, PADEP submitted a SIP revision consisting of a maintenance plan for Altoona Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base year inventory for the Altoona Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Altoona Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan and the 2002 base year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: Effective Date: This final rule is effective on August 1, 2007 pursuant to the authority of 5 U.S.C. 553(d)(1). ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2007–0245. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environment Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Amy Caprio, (215) 814–2156, or by email at caprio.amy@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On June 7, 2007 (72 FR 31495), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed approval of Pennsylvania’s redesignation request, a SIP revision that establishes a maintenance plan for the Altoona Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation, and a 2002 base year emissions inventory. The formal SIP revisions were submitted by E:\FR\FM\01AUR1.SGM 01AUR1 sroberts on PROD1PC70 with RULES Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations PADEP on February 8, 2007. Other specific requirements of Pennsylvania’s redesignation request SIP revision for the maintenance plan and the rationales for EPA’s proposed actions are explained in the NPR and will not be restated here. No public comments were received on the NPR. 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). South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). On June 8, 2007, in South Coast Air Quality Management Dist. v. EPA, Docket No. 04–1201, in response to several petitions for rehearing, the D. C. Circuit clarified that the Phase 1 Rule was vacated only with regard to those parts of the rule that had been successfully challenged. Therefore, the Phase 1 Rule provisions related to classifications for areas currently classified under subpart 2 of Title I, part D of the Act as 8-hour nonattainment areas, the 8-hour attainment dates and the timing for emissions reductions needed for attainment of the 8-hour ozone NAAQS remain effective. The June 8 decision left intact the Court’s rejection of EPA’s reasons for implementing the 8-hour standard in certain nonattainment areas under subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let stand EPA’s revocation of the 1-hour standard and those anti-backsliding provisions of the Phase 1 Rule that had not been successfully challenged. The June 8 decision reaffirmed the December 22, 2006 decision that EPA had improperly failed to retain measures required for 1hour 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; and (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. In addition the June 8 decision clarified that the Court’s reference to conformity requirements for antibacksliding purposes was limited to requiring the continued use of 1-hour MVEBs until 8-hour budgets were available for 8-hour conformity determinations, which is already required under EPA’s conformity regulations. The Court thus clarified that 1-hour conformity determinations VerDate Aug<31>2005 15:44 Jul 31, 2007 Jkt 211001 are not required for anti-backsliding purposes. For the reasons set forth in the proposal, EPA does not believe that the Court’s rulings alter any requirements relevant to this redesignation action so as to preclude redesignation, and do not prevent EPA from finalizing this redesignation. EPA believes that the Court’s December 22, 2006 and June 8, 2007 decisions impose no impediment to moving forward with redesignation of this area to attainment, because even in light of the Court’s decisions, redesignation is appropriate under the relevant redesignation provisions of the Act and longstanding policies regarding redesignation requests. In its proposal, EPA proposed to find that the area had satisfied the requirements under the 1-hour standard whether the 1-hour standard was deemed to be reinstated or whether the Court’s decision on the petition for rehearing were modified to require something less than compliance with all applicable 1-hour requirements. Because EPA proposed to find that the area satisfied the requirements under either scenario, EPA is proceeding to finalize the redesignation and to conclude that the area met the requirements under the 1-hour standard applicable for purposes of redesignation under the 8-hour standard. These include the provisions of EPA’s antibacksliding rules, as well as the additional anti-backsliding provisions identified by the Court in its rulings. In its June 8, 2007 decision the Court limited its vacatur so as to uphold those provisions of the anti-backsliding requirements that were not successfully challenged. Therefore, EPA finds that the area has met the anti-backsliding requirements, see 40 CFR 51.900 et seq; 70 FR 30592, 30604 (May 26, 2005) which apply by virtue of the area’s classification for the 1-hour ozone NAAQS, as well as the four additional anti-backsliding provisions identified by the Court, or that such requirements are not applicable for purposes of redesignation. In addition, with respect to the requirement for transportation conformity under the 1-hour standard, the Court in its June 8 decision clarified that for those areas with 1-hour MVEBs, anti-backsliding requires only that those 1-hour budgets must be used for 8-hour conformity determinations until replaced by 8-hour budgets. To meet this requirement, conformity determinations in such areas must continue to comply with the applicable requirements of EPA’s conformity regulations at 40 CFR Part 93. The court clarified that 1-hour conformity PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 41907 determinations are not required for antibacksliding purposes. II. Final Action EPA is approving the Commonwealth of Pennsylvania’s redesignation request, maintenance plan, and the 2002 base year emissions inventory because the requirements for approval have been satisfied. EPA has evaluated Pennsylvania’s redesignation request that was submitted on February 8, 2007 and determined that it meets the redesignation criteria set forth in section 107(d)(3)(E) of the CAA. EPA believes that the redesignation request and monitoring data demonstrate that the Altoona Area has attained the 8-hour ozone standard. The final approval of this redesignation request will change the designation of the Altoona Area from nonattainment to attainment for the 8-hour ozone standard. EPA is approving the maintenance plan for the Altoona Area submitted on February 8, 2007 as a revision to the Pennsylvania SIP. EPA is also approving the MVEBs submitted by PADEP in conjunction with its redesignation request. In addition, EPA is approving the 2002 base year emissions inventory submitted by PADEP on February 8, 2007 as a revision to the Pennsylvania SIP. In this final rulemaking, EPA is notifying the public that we have found that the MVEBs for volatile organic compounds (VOC) and nitrogen oxides (NOX) in the Altoona Area for the 8-hour ozone maintenance plan are adequate and approved for conformity purposes. As a result of our finding, the Altoona Area must use the MVEBs from the submitted 8-hour ozone maintenance plan for future conformity determinations. The adequate and approved MVEBs are provided in the following table: ADEQUATE AND APPROVED MOTOR VEHICLE EMISSIONS BUDGETS IN TONS PER SUMMER DAY (TPSD) Budget year 2009 .......................... 2018 .......................... VOC NOX 4.2 2.8 6.5 3.3 The Altoona Area is subject to the CAA’s requirement for the basic nonattainment areas until and unless it is redesignated to attainment. III. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For E:\FR\FM\01AUR1.SGM 01AUR1 41908 Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Redesignation of an area to attainment under section 107(d)(3)(e) of the Clean Air Act does not impose any new requirements on small entities. Redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on sources. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Because this action affects the status of a geographical area, does not impose any new requirements on sources, or allows the state to avoid adopting or implementing other requirements, this action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it 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. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review sroberts on PROD1PC70 with RULES Applicable geographic area * * 8-Hour Ozone Maintenance Plan and 2002 Base Year Emissions Inventory. * * Blair County .................................. VerDate Aug<31>2005 15:44 Jul 31, 2007 Jkt 211001 PO 00000 Frm 00024 Fmt 4700 State submittal date 02/08/07 Sfmt 4700 List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 40 CFR Part 81 Air pollution Control, National Parks, Wilderness Areas. Dated: July 16, 2007. Donald S. Welsh, Regional Administrator, Region III. 40 CFR parts 52 and 81 are amended as follows: I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart NN—Pennsylvania 2. In (§ 52.2020, the table in paragraph (e)(1) is amended by adding an entry for ‘‘8-hour Ozone Maintenance Plan and the 2002 Base Year Emissions Inventory’’ to the end of the table to read as follows: I § 52.2020 * Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of Name of non-regulatory SIP revision this action must be filed in the United States Court of Appeals for the appropriate circuit by October 1, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, approving the redesignation of the Altoona Area to attainment for the 8-hour ozone NAAQS, the associated maintenance plan, the 2002 base year emission inventory, and the MVEBs identified in the maintenance plan, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) Identification of plan. * * (e) * * * (1) * * * * * EPA approval date * * 08/01/07 [Insert page number where the document begins]. E:\FR\FM\01AUR1.SGM 01AUR1 Additional explanation * 41909 Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations Authority: 42 U.S.C. 7401 et seq. PART 81—[AMENDED] 4. In § 81.339, the table entitled ‘‘Pennsylvania—Ozone (8-Hour Standard)’’ is amended by revising the I 3. The authority citation for Part 81 continues to read as follows: I entry for ‘‘Altoona, PA: Blair County’’ to read as follows: § 81.339 * * Pennsylvania. * * * PENNSYLVANIA—OZONE (8-HOUR STANDARD) Designationa Category/Classification Designated area Date1 * * Altoona, PA: Blair County ............................ * * * * Attainment. 08/01/07 * Date1 Type * * Type * * * * * a Includes 1 This * Indian County located in each county or area, except otherwise noted. date is June 15, 2004, unless otherwise noted. * * * * [FR Doc. E7–14560 Filed 7–31–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2006–0209; FRL–8139–1] Rimsulfuron; Pesticide Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. sroberts on PROD1PC70 with RULES AGENCY: SUMMARY: This regulation establishes a tolerance for residues of rimsulfuron in or on almond, hulls; fruit, citrus group 10; fruit, pome, group 11; fruit, stone, group 12; grape; nut, tree, group 14; and pistachio. E.I. duPont de Nemours and Company, Inc. requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). DATES: This regulation is effective August 1, 2007. Objections and requests for hearings must be received on or before October 1, 2007, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2006–0209. To access the electronic docket, go to https:// www.regulations.gov, select ‘‘Advanced Search,’’ then ‘‘Docket Search.’’ Insert the docket ID number where indicated and select the ‘‘Submit’’ button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. All documents in the docket are listed in VerDate Aug<31>2005 16:53 Jul 31, 2007 Jkt 211001 the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at https://www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305– 5805. FOR FURTHER INFORMATION CONTACT: Vickie Walters, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–5704; e-mail address:walters.vickie@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does This Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to those engaged in the following activities: • Crop production (NAICS code 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS code 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 • Food manufacturing (NAICS code 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS code 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. This listing is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Access Electronic Copies of This Document? In addition to accessing an electronic copy of this Federal Register document through the electronic docket at https:// www.regulations.gov, you may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr. You may also access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Government Printing Office’s pilot e-CFR site at https://www.gpoaccess.gov/ ecfr. C. Can I File an Objection or Hearing Request? Under section 408(g) of the FFDCA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request E:\FR\FM\01AUR1.SGM 01AUR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 147 (Wednesday, August 1, 2007)]
[Rules and Regulations]
[Pages 41906-41909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14560]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R03-OAR-2007-0245; FRL-8446-9]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Altoona 8-Hour Ozone Nonattainment
Area to Attainment and Approval of the Area's Maintenance Plan and 2002
Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The Pennsylvania
Department of Environmental Protection (PADEP) is requesting that the
Altoona 8-hour ozone nonattainment area (``Altoona Area'' or ``Area'')
be redesignated as attainment for the 8-hour ozone ambient air quality
standard (NAAQS). The Area is comprised of Blair County, Pennsylvania.
EPA is approving the ozone redesignation request for Altoona Area. In
conjunction with its redesignation request, PADEP submitted a SIP
revision consisting of a maintenance plan for Altoona Area that
provides for continued attainment of the 8-hour ozone NAAQS for at
least 10 years after redesignation. EPA is approving the 8-hour
maintenance plan. PADEP also submitted a 2002 base year inventory for
the Altoona Area which EPA is approving. In addition, EPA is approving
the adequacy determination for the motor vehicle emission budgets
(MVEBs) that are identified in the Altoona Area maintenance plan for
purposes of transportation conformity, and is approving those MVEBs.
EPA is approving the redesignation request, and the maintenance plan
and the 2002 base year emissions inventory as revisions to the
Pennsylvania SIP in accordance with the requirements of the Clean Air
Act (CAA).

DATES: Effective Date: This final rule is effective on August 1, 2007
pursuant to the authority of 5 U.S.C. 553(d)(1).

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0245. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environment
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Amy Caprio, (215) 814-2156, or by e-
mail at caprio.amy@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On June 7, 2007 (72 FR 31495), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval of Pennsylvania's redesignation request, a SIP revision that
establishes a maintenance plan for the Altoona Area that provides for
continued attainment of the 8-hour ozone NAAQS for at least 10 years
after redesignation, and a 2002 base year emissions inventory. The
formal SIP revisions were submitted by

[[Page 41907]]

PADEP on February 8, 2007. Other specific requirements of
Pennsylvania's redesignation request SIP revision for the maintenance
plan and the rationales for EPA's proposed actions are explained in the
NPR and will not be restated here. No public comments were received on
the NPR.
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). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v.
EPA, Docket No. 04-1201, in response to several petitions for
rehearing, the D. C. Circuit clarified that the Phase 1 Rule was
vacated only with regard to those parts of the rule that had been
successfully challenged. Therefore, the Phase 1 Rule provisions related
to classifications for areas currently classified under subpart 2 of
Title I, part D of the Act as 8-hour nonattainment areas, the 8-hour
attainment dates and the timing for emissions reductions needed for
attainment of the 8-hour ozone NAAQS remain effective. The June 8
decision left intact the Court's rejection of EPA's reasons for
implementing the 8-hour standard in certain nonattainment areas under
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been
successfully challenged. The June 8 decision reaffirmed the December
22, 2006 decision that EPA had improperly failed to retain measures
required for 1-hour nonattainment areas under the anti-backsliding
provisions of the regulations: (1) Nonattainment area New Source Review
(NSR) requirements based on an area's 1-hour nonattainment
classification; (2) Section 185 penalty fees for 1-hour severe or
extreme nonattainment areas; and (3) measures to be implemented
pursuant to section 172(c)(9) or 182(c)(9) of the 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.
In addition the June 8 decision clarified that the Court's
reference to conformity requirements for anti-backsliding purposes was
limited to requiring the continued use of 1-hour MVEBs until 8-hour
budgets were available for 8-hour conformity determinations, which is
already required under EPA's conformity regulations. The Court thus
clarified that 1-hour conformity determinations are not required for
anti-backsliding purposes.
For the reasons set forth in the proposal, EPA does not believe
that the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006 and June 8, 2007 decisions impose no
impediment to moving forward with redesignation of this area to
attainment, because even in light of the Court's decisions,
redesignation is appropriate under the relevant redesignation
provisions of the Act and longstanding policies regarding redesignation
requests.
In its proposal, EPA proposed to find that the area had satisfied
the requirements under the 1-hour standard whether the 1-hour standard
was deemed to be reinstated or whether the Court's decision on the
petition for rehearing were modified to require something less than
compliance with all applicable 1-hour requirements. Because EPA
proposed to find that the area satisfied the requirements under either
scenario, EPA is proceeding to finalize the redesignation and to
conclude that the area met the requirements under the 1-hour standard
applicable for purposes of redesignation under the 8-hour standard.
These include the provisions of EPA's anti-backsliding rules, as well
as the additional anti-backsliding provisions identified by the Court
in its rulings. In its June 8, 2007 decision the Court limited its
vacatur so as to uphold those provisions of the anti-backsliding
requirements that were not successfully challenged. Therefore, EPA
finds that the area has met the anti-backsliding requirements, see 40
CFR 51.900 et seq; 70 FR 30592, 30604 (May 26, 2005) which apply by
virtue of the area's classification for the 1-hour ozone NAAQS, as well
as the four additional anti-backsliding provisions identified by the
Court, or that such requirements are not applicable for purposes of
redesignation. In addition, with respect to the requirement for
transportation conformity under the 1-hour standard, the Court in its
June 8 decision clarified that for those areas with 1-hour MVEBs, anti-
backsliding requires only that those 1-hour budgets must be used for 8-
hour conformity determinations until replaced by 8-hour budgets. To
meet this requirement, conformity determinations in such areas must
continue to comply with the applicable requirements of EPA's conformity
regulations at 40 CFR Part 93. The court clarified that 1-hour
conformity determinations are not required for anti-backsliding
purposes.

II. Final Action

EPA is approving the Commonwealth of Pennsylvania's redesignation
request, maintenance plan, and the 2002 base year emissions inventory
because the requirements for approval have been satisfied. EPA has
evaluated Pennsylvania's redesignation request that was submitted on
February 8, 2007 and determined that it meets the redesignation
criteria set forth in section 107(d)(3)(E) of the CAA. EPA believes
that the redesignation request and monitoring data demonstrate that the
Altoona Area has attained the 8-hour ozone standard. The final approval
of this redesignation request will change the designation of the
Altoona Area from nonattainment to attainment for the 8-hour ozone
standard. EPA is approving the maintenance plan for the Altoona Area
submitted on February 8, 2007 as a revision to the Pennsylvania SIP.
EPA is also approving the MVEBs submitted by PADEP in conjunction with
its redesignation request. In addition, EPA is approving the 2002 base
year emissions inventory submitted by PADEP on February 8, 2007 as a
revision to the Pennsylvania SIP. In this final rulemaking, EPA is
notifying the public that we have found that the MVEBs for volatile
organic compounds (VOC) and nitrogen oxides (NOX) in the
Altoona Area for the 8-hour ozone maintenance plan are adequate and
approved for conformity purposes. As a result of our finding, the
Altoona Area must use the MVEBs from the submitted 8-hour ozone
maintenance plan for future conformity determinations. The adequate and
approved MVEBs are provided in the following table:

Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Summer
Day (tpsd)
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2009.............................................. 4.2 6.5
2018.............................................. 2.8 3.3
------------------------------------------------------------------------

The Altoona Area is subject to the CAA's requirement for the basic
nonattainment areas until and unless it is redesignated to attainment.

III. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For

[[Page 41908]]

this reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Redesignation of an area to attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on sources.
Accordingly, the Administrator certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule approves pre-existing requirements under state law
and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also
does not have tribal implications because it will not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). Because this action affects the status of
a geographical area, does not impose any new requirements on sources,
or allows the state to avoid adopting or implementing other
requirements, this action also does not have Federalism implications
because it does not have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely approves a state rule implementing
a Federal requirement, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it 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. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 1, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.
This action, approving the redesignation of the Altoona Area to
attainment for the 8-hour ozone NAAQS, the associated maintenance plan,
the 2002 base year emission inventory, and the MVEBs identified in the
maintenance plan, may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

40 CFR Part 81

Air pollution Control, National Parks, Wilderness Areas.

Dated: July 16, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

0
2. In (Sec. 52.2020, the table in paragraph (e)(1) is amended by
adding an entry for ``8-hour Ozone Maintenance Plan and the 2002 Base
Year Emissions Inventory'' to the end of the table to read as follows:

Sec. 52.2020 Identification of plan.

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

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

* * * * * * *
8-Hour Ozone Maintenance Plan Blair County...... 02/08/07 08/01/07 [Insert
and 2002 Base Year Emissions page number where
Inventory. the document
begins].
----------------------------------------------------------------------------------------------------------------

[[Page 41909]]

PART 81--[AMENDED]

0
3. The authority citation for Part 81 continues to read as follows:

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

0
4. In Sec. 81.339, the table entitled ``Pennsylvania--Ozone (8-Hour
Standard)'' is amended by revising the entry for ``Altoona, PA: Blair
County'' to read as follows:

Sec. 81.339 Pennsylvania.

* * * * *

Pennsylvania--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation\a\ Category/Classification
Designated area ---------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Altoona, PA: Blair County..... 08/01/07 Attainment.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. E7-14560 Filed 7-31-07; 8:45 am]
BILLING CODE 6560-50-P

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