Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Centre County 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan and 2002 Base Year Inventory, 51747-51758 [E7-17890]
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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules
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22. Amend § 1250.84 by revising the
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§ 1250.84 How do you serve a subpoena or
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(c) Regulations concerning service of
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records centers, and donated historical
materials are located at 36 CFR 1256.4.
Dated: September 4, 2007.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E7–17913 Filed 9–10–07; 8:45 am]
BILLING CODE 7515–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–1023; FRL–8464–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Minnesota
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
yshivers on PROD1PC62 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing to approve
a site specific revision to the Minnesota
State Implementation Plan (SIP) for
particulate matter less than 10 microns
(PM–10) for Lafarge North America
Corporation (Lafarge), Childs Road
Terminal located in Saint Paul, Ramsey
County, Minnesota. In its December 18,
2006, submittal, the Minnesota
Pollution Control Agency (MPCA)
requested that EPA approve Lafarge’s
federally enforceable state operating
permit into the Minnesota PM SIP, and
to revoke the previously approved
Administrative Order for Lafarge from
the PM–10 SIP.
DATES: Comments must be received on
or before October 11, 2007.
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Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2006–1023, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312) 886–5824.
• Mail: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J), Air
Programs Branch, Air and Radiation
Division, U.S. Environmental Protection
Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
• Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, (AR–
18J), Air Programs Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Please see the direct final rule which is
located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Christos Panos, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8328,
panos.christos@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Rules section of this Federal Register,
EPA is approving the State’s SIP
submittal as a direct final rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
ADDRESSES:
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51747
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the Rules section of this Federal
Register.
Dated: August 29, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7–17715 Filed 9–10–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2007–0533; FRL–8465–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation of the
Centre County 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: 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 Centre
County ozone nonattainment area (State
College Area) be redesignated as
attainment for the 8-hour ozone national
ambient air quality standard (NAAQS).
EPA is proposing to approve the ozone
redesignation request for State College
Area. In conjunction with its
redesignation request, PADEP submitted
a SIP revision consisting of a
maintenance plan for State College Area
that provides for continued attainment
of the 8-hour ozone NAAQS for at least
10 years after redesignation. EPA is
proposing to make a determination that
the State College Area has attained the
8-hour ozone NAAQS, based upon three
years of complete, quality-assured
ambient air quality ozone monitoring
data for 2004–2006. EPA’s proposed
approval of the 8-hour ozone
redesignation request is based on its
determination that the State College
Area has met the criteria for
redesignation to attainment specified in
the Clean Air Act. In addition, PADEP
submitted a 2002 base year inventory for
the State College Area which EPA is
proposing to approve as a SIP revision.
EPA is also providing information on
the status of its adequacy determination
for the motor vehicle emission budgets
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(MVEBs) that are identified in the State
College Area maintenance plan for
purposes of transportation conformity,
which EPA is also proposing to approve.
EPA is proposing approval of the
redesignation request, and the
maintenance plan and the 2002 base
year inventory SIP revisions in
accordance with the requirements of the
Clean Air Act.
DATES: Written comments must be
received on or before October 11, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2007–0533 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: powers.marilyn@epa.gov
C. Mail: EPA–R03–OAR–2007–0533,
Marilyn Powers, 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–2007–
0533. 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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
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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
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
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, P.O.
Box 8468, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@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 State’s
Request?
VII. Are the Motor Vehicle Emissions
Budgets Established and Identified in the
Maintenance Plan for the State College
Area Adequate and Approvable?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews
I. What Are the Actions EPA Is
Proposing To Take?
On June 12, 2007, PADEP formally
submitted a request to redesignate the
State College Area from nonattainment
to attainment of the 8-hour NAAQS for
ozone. Concurrently, on June 12, 2007,
PADEP submitted a maintenance plan
for the State College Area as a SIP
revision to ensure continued attainment
for at least 10 years after redesignation.
PADEP also submitted a 2002 base year
inventory as a SIP revision on June 12,
2007. The State College Area is
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currently designated as a basic 8-hour
ozone nonattainment area. EPA is
proposing to determine that the State
College 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 Clean Air
Act. EPA is, therefore, proposing to
approve the redesignation request to
change the designation of the State
College Area from nonattainment to
attainment for the 8-hour ozone
NAAQS. EPA is also proposing to
approve the State College Area
maintenance plan as a SIP revision,
such approval being one of the Clean
Air Act criteria for redesignation to
attainment status. The maintenance
plan is designed to ensure continued
attainment in the State College Area for
the next ten years. EPA is also
proposing to approve the 2002 base year
inventory for the State College Area as
a SIP revision. Additionally, EPA is
announcing its action on the adequacy
process for the MVEBs identified in the
State College Area maintenance plan,
and proposing to approve the MVEBs
identified for volatile organic
compounds (VOC) and nitrogen oxides
(NOX) 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
Clean Air Act 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 ozone 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
State College Area was designated as
basic 8-hour ozone nonattainment status
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.
On April 30, 2004, EPA issued a final
rule (69 FR 23951, 23996) to revoke the
1-hour ozone NAAQS in the State
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College Area (as well as most other areas
of the country) effective June 15, 2005.
See, 40 CFR 50.9(b); 69 FR at 23966
(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). South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882
(DC 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 DC 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 Clean Air 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 Clean Air
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
motor vehicle emissions budgets until 8hour 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 antibacksliding purposes.
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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 State
College Area Has Met All Applicable
Requirements Under Section 110 and
Part D of the Clean Air Act and Has
Fully Approved SIP under Section
110(k) of the Clean Air Act,’’ EPA
discusses its rationale why the decision
in South Coast is not an impediment to
redesignating the State College Area to
attainment of the 8-hour ozone NAAQS.
The Clean Air Act, 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 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 3year 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 Clean Air Act
for subpart 2 requirements). All other
areas are covered under subpart 1, based
upon their 8-hour design values. In
2004, State College Area was designated
a basic 8-hour ozone nonattainment area
based upon air quality monitoring data
from 2001–2003, and therefore, is
subject to the requirements of subpart 1
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 from
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51749
the 3-year period of 2004–2006
indicates that the State College Area has
a design value of 0.076 ppm. Therefore,
the ambient ozone data for the State
College Area indicates no violations of
the 8-hour ozone standard.
B. The State College Area
The State College Area consists of
Centre County, Pennsylvania. Prior to
its designation as an 8-hour ozone
nonattainment area, State College Area
was an attainment/unclassifiable area
for the 1-hour ozone nonattainment
NAAQS. See 56 FR 56694 (November 6,
1991).
On June 12, 2007, PADEP requested
that the State College Area be
redesignated to attainment for the 8hour ozone standard. The redesignation
request included 3 years of complete,
quality-assured data for the period of
2004–2006, indicating that the 8-hour
NAAQS for ozone had been achieved in
the State College Area. The data satisfies
the Clean Air Act requirements when
the 3-year average of the annual fourthhighest daily maximum 8-hour average
ozone concentration (commonly
referred to as the area’s design value) is
less than or equal to 0.08 ppm (i.e.,
0.084 ppm when rounding is
considered). Under the Clean Air Act, 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 Clean Air Act
redesignation requirements set forth in
section 107(d)(3)(E).
III. What Are the Criteria for
Redesignation to Attainment?
The Clean Air Act provides the
requirements for redesignating a
nonattainment area to attainment.
Specifically, section 107(d)(3)(E) of the
Clean Air Act, 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.
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EPA provided guidance on
redesignation in the General Preamble
for the Implementation of Title I of the
Clean Air Act 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 Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992;
• ‘‘Technical Support Documents
(TSD’s) 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
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• ‘‘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 June 12, 2007, PADEP requested
redesignation of the State College Area
to attainment for the 8-hour ozone
standard. On June 12, 2007, PADEP
submitted a maintenance plan for the
State College Area as a SIP revision to
assure continued attainment at least 10
years after redesignation. EPA has
determined that the State College Area
has attained the standard and has met
the requirements for redesignation set
forth in section 107(d)(3)(E). PADEP
also submitted a 2002 base year
inventory concurrently with its
maintenance plan as a SIP revision.
V. What Would Be the Effect of These
Actions?
Approval of the redesignation request
would change the designation of the
State College 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 State College
Area for the next 10 years. The
maintenance plan includes contingency
measures to remedy any future
violations of the 8-hour NAAQS (should
they occur), and identifies the MVEBs
for NOX and VOC for transportation
conformity purposes for the years 2004,
2009 and 2018. These motor vehicle
emissions (2004) and MVEBs (2009 and
2018) are displayed in the following
table:
TABLE 1.—MOTOR VEHICLE EMISSIONS
BUDGETS IN TONS PER DAY (TPD)
Year
NOX
2009 ..........................
2018 ..........................
12.5
6.0
5.4
3.7
EPA is proposing to determine that
State College Area has attained the 8hour ozone standard and that all other
redesignation criteria have been met.
The following is a description of how
PADEP’s June 12, 2007 submittal
satisfies the requirements of section
107(d)(3)(E) of the Clean Air Act.
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TABLE 2.—STATE COLLEGE COUNTY
NONATTAINMENT AREA FOURTH
HIGHEST 8-HOUR AVERAGE VALUES;
STATE COLLEGE COUNTY MONITOR,
AQS ID 42–027–0100
Year
VOC
VI. What Is EPA’s Analysis of the
State’s Request?
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A. The State College Area Has Attained
the 8-Hour Ozone NAAQS
EPA is proposing to determine that
the State College 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 and
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
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 State College Area, there is one
monitor that measures air quality with
respect to ozone. As part of its
redesignation request, Pennsylvania
submitted ozone monitoring data for the
years 2004–2006 (the most recent three
years of data available as of the time of
the redesignation request) for the State
College Area. This data has been quality
assured and is recorded in AQS. The
fourth-high 8-hour daily maximum
concentrations, along with the threeyear average, are summarized in Table
2.
2004 ..............................................
2005 ..............................................
2006 ..............................................
Annual
4th high
reading
(ppm)
0.069
0.083
0.078
The average for the 3-year period 2004
through 2006 is 0.076 ppm.
The air quality data for 2004–2006
show that the State College Area has
attained the standard with a design
value of 0.076 ppm. The data collected
at the State College Area monitor
satisfies the Clean Air Act requirement
that the 3-year average of the annual
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fourth-highest daily maximum 8-hour
average ozone concentration is less than
or equal to 0.08 ppm. PADEP’s request
for redesignation for the State College
Area indicates that the data was quality
assured in accordance with 40 CFR part
58. 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
taken from AQS indicates that State
College Area has attained the 8-hour
ozone NAAQS.
B. The State College Area Has Met All
Applicable Requirements Under Section
110 and Part D of the Clean Air Act and
Has a Fully Approved SIP Under
Section 110(k) of the Clean Air Act
EPA has determined that the State
College Area has met all SIP
requirements applicable for purposes of
this redesignation under section 110 of
the Clean Air Act (General SIP
Requirements) and that it meets all
applicable SIP requirements under Part
D of Title I of the Clean Air Act, 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 what requirements are
applicable to the area and determined
that the applicable portions of the SIP
meeting these requirements are fully
approved under section 110(k) of the
Clean Air Act. 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 Clean Air
Act requirements that come 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). Applicable
requirements of the Clean Air Act that
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come due 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
Clean Air Act. Sierra Club v. EPA, 375
F.3d 537 (7th Cir. 2004). See also, 68 FR
25424, 25427 (May 12, 2003)
(redesignation of St. Louis).
This action also sets forth EPA’s
views on the potential effect of the
Court’s rulings on this proposed
redesignation action. For the reasons set
forth below, 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 proposing or ultimately 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
Clean Air Act and longstanding policies
regarding redesignation requests.
1. Section 110 General SIP
Requirements
Section 110(a)(2) of Title I of the
Clean Air Act 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 requirement
(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
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51751
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 are 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 State College 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 53174–53176,
October 10, 1996), (62 FR 24816, 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 37890, June 19, 2000), and in the
Pittsburgh redesignation (66 FR 50399,
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(l) 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
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nonattainment status are not applicable
for purposes of redesignation. Any
section 110 requirements that are linked
to the Part D requirements for 8-hour
ozone nonattainment areas are not yet
due, because, as we explain later in this
notice, no Part D requirements
applicable for purposes of redesignation
under the 8-hour standard became due
prior to submission of the redesignation
request.
Because the Pennsylvania SIP satisfies
all of the applicable general SIP
elements and requirements set forth in
section 110(a)(2), EPA concludes that
Pennsylvania has satisfied the criterion
of section 107(d)(3)(E) regarding section
110 of the Clean Air Act.
2. Part D Nonattainment Area
Requirements Under the 1-Hour and 8Hour Standards
The State College Area was
designated a basic nonattainment area
for the 8-hour ozone standard. Sections
172–176 of the Clean Air Act, found in
subpart 1 of Part D, set forth the basic
nonattainment requirements for all
nonattainment areas. As discussed
previously, because the State College
Area was designated unclassifiable/
attainment under the 1-hour standard,
and was never designated
nonattainment for the 1-hour standard,
there are no outstanding 1-hour
nonattainment area requirements it
would be required to meet. Thus, we
find that the Court’s ruling does not
result in any additional 1-hour
requirements for purposes of
redesignation.
With respect to the 8-hour standard,
EPA notes that the Court’s ruling
rejected EPA’s reasons for classifying
areas under subpart 1 for the 8-hour
standard, and remanded that matter to
the Agency. Consequently, it is possible
that this area could, during a remand to
EPA, be reclassified under subpart 2.
Although any future decision by EPA to
classify this under subpart 2 might
trigger additional future requirements
for the area, EPA believes that this does
not mean that redesignation of the area
cannot now go forward. This belief is
based upon (1) EPA’s longstanding
policy of evaluating requirements in
accordance with the requirements due
at the time the request is submitted; and
(2) consideration of the inequity of
applying retroactively any requirements
that might in the future be applied.
At the time the redesignation request
was submitted, the State College Area
was classified under subpart 1 and was
obligated to meet subpart 1
requirements. Under EPA’s
longstanding interpretation of section
107(d)(3)(E) of the Clean Air Act, to
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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. See 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. The
DC Circuit recognized the inequity in
such retroactive rulemaking. See, Sierra
Club v. Whitman, 285 F. 3d 63 (DC Cir.
2002), in which the DC Circuit upheld
a District Court’s ruling refusing to make
retroactive an EPA 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
plan 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 additional SIP
requirements under subpart 2 that were
not in effect at the time it submitted its
redesignation request.
With respect to the 8-hour standard,
EPA proposes to determine that
Pennsylvania’s SIP meets all applicable
SIP requirements under Part D of the
Clean Air Act, because no 8-hour ozone
standard Part D requirements applicable
for purposes of redesignation became
due prior to submission of the
redesignation request for the State
College Area. Because the
Commonwealth submitted a complete
redesignation request for the State
College Area prior to the deadline for
any submissions required under the 8hour standard, we have determined that
the Part D requirements do not apply to
the State College Area for the purposes
of redesignation.
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In addition to the fact that no Part D
requirements applicable under the 8hour standard became due prior to
submission of the redesignation request,
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 Clean Air Act 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 Clean Air Act
required 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 State College Area,
EPA has also determined that before
being redesignated, the State College
Area need not comply with the
requirement that a NSR program be
approved prior to redesignation. EPA
has also determined that areas being
redesignated need not comply with the
requirement that a NSR program be
approved prior to redesignation,
provided that the area demonstrates
maintenance of the standard without
Part D NSR in effect. The rationale for
this position is described in a
memorandum from Mary Nichols,
Assistant Administrator for Air and
Radiation, dated October 14, 1994,
entitled, ‘‘Part D NSR Requirements of
Areas Requesting Redesignation to
Attainment.’’ Normally, State’s
Prevention of Significant Deterioration
(PSD) program will become effective in
the area immediately upon
redesignation to attainment. See the
more detailed explanations in the
following redesignation rulemakings:
Detroit, MI (60 FR 12467–12468, March
7, 1995); Cleveland-Akron-Lorrain, OH
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(61 FR 20458, 20469–20470, May 7,
1996); Louisville, KY (66 FR 53665,
53669, October 23, 2001); Grand Rapids,
MI (61 FR 31831, 31836–31837, June 21,
1996). In the case of the State College
Area, the Chapter 127 Part D NSR
regulations in the Pennsylvania SIP
(codified at 40 CFR 52.2020(c)(1))
explicitly apply the requirements for
NSR in section 184 of the Clean Air Act
to ozone attainment areas within the
ozone transport region (OTR). The OTR
NSR requirements are more stringent
than that required for a marginal or
basic ozone nonattainment area. 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 State College Area.
All areas in the 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 reasonably
Available control technology (RACT),
NSR, enhanced vehicle inspection and
maintenance (I/M), and Stage II vapor
recovery or a comparable measure.
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 RACT,
and I/M programs even after
redesignation. Second, the section 184
control measures are region-wide
requirements and do not apply to the
State College Area by virtue of the area’s
designation and classification. See, 61
FR 53174, 53175–53176 (October 10,
1996) and 62 FR 24826, 24830–24832
(May 7, 1997).
In the case of the State College Area,
which is located in the OTR,
nonattainment NSR will be applicable
after redesignation. As discussed
previously, EPA fully approved
Pennsylvania’s NSR SIP revision which
applies the requirements for NSR of
section 184 of the Clean Air Act to
attainment areas within the OTR.
3. The State College Area Has a Fully
Approved SIP for the Purposes of
Redesignation
EPA has fully approved the
Pennsylvania SIP for the purposes of
redesignation. EPA may rely on prior
SIP approvals in approving a
redesignation request. Calcagni Memo,
p. 3; Southwestern Pennsylvania Growth
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 also, 68
FR at 25425 (May 12, 2003) and
citations therein.
The State College Area was a 1-hour
attainment/unclassifiable area at the
time of its designation as a basic 8-hour
ozone nonattainment area on April 30,
2004 (69 FR 23857). Because the State
College Area was a 1-hour attainment/
unclassifiable area, there are no
previous Part D SIP submittal
requirements. Also, no Part D submittal
requirements have come due prior to the
submittal of the 8-hour maintenance
plan for the area. Therefore, all Part D
submittal requirements have been
fulfilled. Because there are no
outstanding SIP submission
requirements applicable for the
purposes of redesignation of the State
College Area, the applicable
implementation plan satisfies all
pertinent SIP requirements. As
indicated previously, EPA believes that
the section 110 elements not connected
with Part D nonattainment plan
submissions and not linked to the area’s
nonattainment status are not applicable
requirements for purposes of
redesignation. EPA also believes that no
8-hour Part D requirements applicable
for purposes of redesignation have yet
become due for the State College Area,
and therefore they need not be approved
into the SIP prior to redesignation.
C. The Air Quality Improvement in the
State College 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 State
College 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 3.
TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR 2002 AND 2004 IN TONS PER DAY (TPD)
Year
Point
Area
Nonroad
Mobile
Total
Volatile Organic Compounds (VOC)
Year 2002 ....................................................................................................................
Year 2004 ....................................................................................................................
Diff. (02–04) .................................................................................................................
0.1
0.1
0.0
6.8
6.7
–0.1
3.1
3.1
0.0
8.1
7.0
–1.1
18.1
16.9
–1.2
5.8
3.8
–2.0
0.8
0.9
0.1
4.0
3.8
–0.2
18.8
16.8
–2.0
29.4
25.3
–4.1
Nitrogen Oxides (NOx)
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Year 2002 ....................................................................................................................
Year 2004 ....................................................................................................................
Diff. (02–04) .................................................................................................................
Between 2002 and 2004, VOC
emissions were reduced by 1.2 tpd, and
NOX emissions were reduced by 4.1 tpd.
These reductions and anticipated future
reductions are due to the following
permanent and enforceable measures
implemented or in the process of being
implemented in the State College Area:
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1. Stationary Point Sources
Federal NOX SIP Call (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
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Federal Motor Vehicle Control
Programs (FMVCP).
—Tier 1 (56 FR 25724, June 5, 1991)
—Tier 2 (65 FR 6698, February 10, 2000)
Heavy Duty Engines and Vehicles
Standards (62 FR 54694, October
21, 1997 and 65 FR 59896, October
6, 2000).
National Low Emission Vehicle
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(NLEV) (64 FR 72564, December 28,
1999).
Vehicle Safety Inspection Program (70
FR 58313, October 6, 2005).
4. Nonroad 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.
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D. The State College Area Has a Fully
Approved Maintenance Plan Pursuant
to Section 175A of the Clean Air Act
In conjunction with its request to
redesignate the State College Area to
attainment status, Pennsylvania
submitted a SIP revision to provide for
maintenance of the 8-hour ozone
NAAQS in the State College Area for at
least 10 years after redesignation.
Pennsylvania is requesting that EPA
approve this SIP revision as meeting the
requirement of section 175A of the
Clean Air Act. Once approved, the
maintenance plan for the 8-hour ozone
NAAQS will ensure that the SIP for the
State College Area meets the
requirements of the Clean Air Act
regarding maintenance of the applicable
8-hour ozone standard.
What is required in a maintenance plan?
Section 175A of the Clean Air Act 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 Clean Air Act 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:
(1) An attainment emissions
inventory;
(2) A maintenance demonstration;
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(3) A monitoring network;
(4) Verification of continued
attainment; and
(5) A contingency plan.
Analysis of the State College 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 State College
Area since it is a reasonable year within
the 3-year block of 2002–2004 and
accounts for reductions attributable to
implementation of the Clean Air Act
requirements to date. The 2004
inventory is consistent with EPA
guidance and is based on actual ‘‘typical
summer day’’ emissions of VOC and
NOX during 2004 and consists of a list
of sources and their associated
emissions.
PADEP prepared comprehensive VOC
and NOX emissions inventories for the
State College Area, including point,
area, mobile on-road, and mobile nonroad sources for a base year of 2002.
To develop the NOX and VOC base
year emissions inventories, PADEP used
the following approaches and sources of
data:
(i) Point source emissions—
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
System and EPA’s publication series
AP–42 and are based on Source
Classification Code (SCC). Each process
has at least one SCC assigned to it. If the
owners and operators of facilities
provide more accurate emission data
based upon other factors, these emission
estimates supersede those calculated
using SCC codes.
(ii) Area source emissions—Area
source emissions are generally
estimated by multiplying an emission
factor by some known indicator or
collective activity for each area source
category at the county level.
Pennsylvania estimates emissions from
area sources using emission factors and
SCC codes in a method similar to that
used for stationary point sources.
Emission factors may also be derived
from research and guidance documents
if those documents are more accurate
than FIRE and AP–42 factors.
Throughput estimates are derived from
county-level activity data, by
apportioning national and statewide
activity data to counties, from census
numbers, and from county employee
numbers. County employee numbers are
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based upon North American Industry
Classification System (NAICS) codes to
establish that those numbers are specific
to the industry covered.
(iii) On-road mobile sources—PADEP
employs an emissions estimation
methodology that uses current EPAapproved highway vehicle emission
model, MOBILE 6.2, to estimate
highway vehicle emissions. The State
College Area highway vehicle emissions
in 2004 were estimated using MOBILE
6.2 and PENNDOT estimates of vehicles
miles traveled (VMT) by vehicle type
and roadway type.
(iv) Mobile nonroad emissions—The
2002 emissions for the majority of
nonroad emission source categories
were estimated using the EPA
NONROAD 2005 model. The
NONROAD model estimates emissions
for diesel, gasoline, liquefied petroleum
gasoline, and compressed natural gasfueled nonroad equipment types and
includes growth factors. The NONROAD
model does not estimate emissions from
aircraft or locomotives. For 2002
locomotive emissions, PADEP projected
emissions from a 1999 survey using
national fuel information and EPA
emission and conversion factors. There
are no commercial aircraft operations in
the State College Area. For 2002 aircraft
emissions, PADEP estimated emissions
using small aircraft operation statistics
from https://www.airnav.com, and
emission factors and operational
characteristics in the EPA-approved
model, Emissions and Dispersion
Modeling System (EDMS).
The 2004 attainment year VOC and
NOX emissions for the State College
Area are summarized along with the
2009 and 2018 projected emissions for
this area in Tables 4 and 5, which cover
the demonstration of maintenance for
this area. EPA has concluded that
Pennsylvania has adequately derived
and documented the 2004 attainment
year VOC and NOX emissions for this
area.
(b) Maintenance Demonstration—On
June 12, 2007, PADEP submitted a SIP
revision to supplement its June 12, 2007
redesignation request. The submittal by
PADEP consists of the maintenance plan
as required by section 175A of the Clean
Air Act. The State College 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
State College 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.
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Tables 4 and 5 specify the VOC and
NOX emissions for the State College
Area for 2004, 2009, and 2018. PADEP
chose 2009 as an interim year in the 10-
year 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 10-year maintenance
period.
TABLE 4.—TOTAL VOC EMISSIONS FOR 2004–2018 (TPD)
2004 VOC
emissions
Source category
2009 VOC
emissions
2018 VOC
emissions
Mobile* .....................................................................................................................................................
Nonroad ...................................................................................................................................................
Area .........................................................................................................................................................
Point .........................................................................................................................................................
7.0
3.1
6.7
0.1
5.4
2.7
6.4
0.1
3.7
2.1
6.7
0.1
Total ..................................................................................................................................................
16.9
14.6
12.6
* Includes safety margin identified in the motor vehicle emission budgets for transportation conformity.
TABLE 5.—TOTAL NOX EMISSIONS 2004–2018 (TPD)
2004 NOX
emissions
Source category
2009 NOX
emissions
2018 NOX
emissions
Mobile* .....................................................................................................................................................
Nonroad ...................................................................................................................................................
Area .........................................................................................................................................................
Point .........................................................................................................................................................
16.8
3.8
0.9
3.8
12.5
3.2
0.9
6.7
6.0
1.9
0.9
7.7
Total ..................................................................................................................................................
25.3
23.3
16.5
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* Includes safety margin identified in the motor vehicle emission budgets for transportation conformity.
The following programs are either
effective or due to become effective and
will further contribute to the
maintenance demonstration of the 8hour ozone NAAQS:
1. Pennsylvania’s Portable Fuel
Containers (69 FR 70893, December 8,
2004).
2. Pennsylvania’s Consumer Products
(69 FR 70895, December 8, 2004).
3. Pennsylvania’s Architectural and
Industrial Maintenance (AIM) Coatings
(69 FR 68080, November 23, 2004).
4. Federal NOX SIP Call (66 FR 43795,
August 21, 2001).
5. Federal Clean Air Interstate Rule
(71 FR 25328, April 28, 2006).
6. FMVCP for passenger vehicles and
light-duty trucks and cleaner gasoline
(2009 and 2018 fleet)—Tier 1 and Tier
2 (56 FR 25724, June 5, 1991 and 65 FR
6698, February 10, 2000).
7. NLEV Program, which includes the
Pennsylvania’s Clean Vehicle Program
for passenger vehicles and light-duty
trucks (69 FR 72564, December 28,
1999)—proposed amendments to move
the implementation to model year (MY)
2008.
8. Heavy duty diesel on-road (2004/
2007) and low-sulfur on-road (2006) (66
FR 5002, January 18, 2001).
9. Non-road emissions standards
(2008) and off-road diesel fuel (2007/
2010) (69 FR 38958, June 29, 2004).
Based upon the comparison of the
projected emissions and the attainment
year emissions along with the additional
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measures, EPA concludes that PADEP
has successfully demonstrated that the
8-hour ozone standard should be
maintained in the State College Area.
(c) Monitoring Network—There is
currently one monitor measuring ozone
in the State College Area. Pennsylvania
will continue to operate its current air
quality monitor 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 State College Area by
reviewing air quality and emissions
during the maintenance period. The
Commonwealth will perform an annual
evaluation of two key factors, 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 part 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.
(e) The Maintenance Plan’s
Contingency Measures—The
contingency plan provisions are
designed to promptly correct a violation
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of the NAAQS that occurs after
redesignation. Section 175A of the
Clean Air Act 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 State College 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 eight-hour ozone
concentrations at the State College Area
monitor are above 84 ppb. If this trigger
point occurs, the Commonwealth will
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evaluate whether additional local
emission control measures should be
implemented in order to prevent a
violation of the air quality standard.
PADEP will analyze the conditions
leading to the excessive ozone levels
and evaluate what measures might be
most effective in correcting the
excessive ozone levels. PADEP will also
analyze the potential emissions effect of
Federal, State and local measure that
have been adopted but not yet
implemented at the time of 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 State College 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 State College Area
will include, but not limited to the
following:
Non-regulatory measures:
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—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 onroad 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.
Regulatory measures:
—Additional controls on consumer
products.
—Additional control on portable fuel
containers.
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.
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VII. Are the Motor Vehicle Emissions
Budgets Established and Identified in
the Maintenance Plan for the State
College Area Adequate and
Approvable?
A. What Are the Motor Vehicle
Emissions Budgets?
Under the Clean Air Act, 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. 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 in
control strategy SIPs and maintenance
plans.
Under section 176(c) of the Clean Air
Act, 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 budget
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 Clean Air Act.
EPA’s substantive criteria for
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Fmt 4702
Sfmt 4702
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 MVEBs for the State College Area
are listed in Table 1 of this document
for the 2004, 2009, and 2018 years and
are the projected emissions for the onroad mobile sources plus any portion of
the safety margin allocated to the
MVEBs. These emission budgets, when
approved by EPA, must be used for
transportation conformity
determinations.
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 following example is for the 2018
safety margin: The State College Area
first attained the 8-hour ozone NAAQS
during the 2002 to 2004 time period.
The Commonwealth used 2004 as the
year to determine attainment levels of
emissions for the State College Area.
The total emissions from point, area,
mobile on-road, and mobile non-road
sources in 2004 equaled 16.9 tpd of
VOC and 25.3 tpd of NOX. PADEP
projected emissions out to the year 2018
and projected a total of 12.6 tpd of VOC
and 16.5 tpd of NOX from all sources in
the State College Area. The safety
margin for the State College Area for
2018 would be the difference between
these amounts, or 4.3 tpd of VOC and
8.8 tpd of NOX. The emissions up to the
level of the attainment year including
the safety margins are projected to
maintain the area’s air quality consistent
with the 8-hour ozone NAAQS. The
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safety margin is the extra emissions
reduction below the attainment levels
that can be allocated for emissions by
various sources as long as the total
emission levels are maintained at or
below the attainment levels. Table 6
51757
shows the safety margins for the 2009
and 2018 years.
TABLE 6.—2009 AND 2018 SAFETY MARGINS FOR THE STATE COLLEGE AREA
VOC
emissions
(tpd)
Inventory year
2004
2009
2009
2004
2018
2018
Attainment ...............................................................................................................................................................
Interim .....................................................................................................................................................................
Safety Margin .........................................................................................................................................................
Attainment ...............................................................................................................................................................
Final ........................................................................................................................................................................
Safety Margin .........................................................................................................................................................
PADEP allocated 0.4 tpd NOX and 0.3
tpd VOC to the 2009 interim VOC
projected on-road mobile source
emissions projection and the 2009
interim NOX projected on-road mobile
source emissions projection to arrive at
the 2009 MVEBs. For the 2018 MVEBs
the PADEP allocated 0.5 tpd NOX and
0.4 tpd VOC from the 2018 safety
margins to arrive at the 2018 MVEBs.
Once allocated to the mobile source
budgets these portions of the safety
16.9
14.6
2.3
16.9
12.6
4.3
NOX
emissions
(tpd)
25.3
23.3
2.0
25.3
16.5
8.8
margins are no longer available, and
may no longer be allocated to any other
source category. Table 7 shows the final
2009 and 2018 MVEBs for the State
College Area.
TABLE 7.—2009 AND 2018 FINAL MVEBS FOR THE STATE COLLEGE AREA
VOC
emissions
(tpd)
Inventory year
2009
2009
2009
2018
2018
2018
projected on-road mobile source projected emissions ..............................................................................
Safety Margin Allocated to MVEBs ............................................................................................................
MVEBs ........................................................................................................................................................
projected on-road mobile source projected emissions ..............................................................................
Safety Margin Allocated to MVEBs ............................................................................................................
MVEBs ........................................................................................................................................................
C. Why Are the MVEBs Approvable?
The 2004, 2009 and 2018 MVEBs for
the State College Area are approvable
because the MVEBs for NOX and VOC,
including the allocated safety margins,
continue to maintain the total emissions
at or below the attainment year
inventory levels as required by the
transportation conformity regulations.
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D. What Is the Adequacy and Approval
Process for the MVEBs in the State
College Area Maintenance Plan?
The MVEBs for the State College Area
maintenance plan are being posted to
EPA’s conformity Web site concurrent
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 update and associated
MVEBs are approved in a final Federal
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17:19 Sep 10, 2007
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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 State College Area
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 State College Area
MVEBs will also be announced on
EPA’s conformity Web site: https://
www.epa.gov.otaq/stateresources/
transconf/index.htm (once there, click
on ‘‘Adequacy Review of SIP
Submissions’’).
VIII. Proposed Actions
EPA is proposing to determine that
the State College Area has attained the
8-hour ozone NAAQS. EPA is also
proposing to approve the
Commonwealth’s June 12, 2007 request
for the State College Area to be
redesignated to attainment of the 8-hour
NAAQS for ozone. EPA has evaluated
Pennsylvania’s redesignation request
and determined that it meets the
redesignation criteria set forth in section
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Sfmt 4702
NOX
emissions
(tpd)
5.1
0.3
5.4
3.3
0.4
3.7
12.1
0.4
12.5
5.5
0.5
6.0
107(d)(3)(E) of the Clean Air Act. EPA
believes that the redesignation request
and monitoring data demonstrate that
the area has attained the 8-hour ozone
standard. The final approval of this
redesignation request would change the
designation of the State College Area
from nonattainment to attainment for
the 8-hour ozone standard. EPA is also
proposing to approve the associated
maintenance plan and the 2002 base
year inventory for State College Area,
submitted on June 12, 2007, as revisions
to the Pennsylvania SIP. EPA is
proposing to approve the maintenance
plan for the State College Area because
it meets the requirements of section
175A as described previously in this
notice. EPA is also proposing to approve
the MVEBs submitted by Pennsylvania
for the State College 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.
IX. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
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action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)). This action merely proposes
to approve 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. 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 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
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). 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
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
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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
Takings’’ issued under the executive
order.
This rule proposing to approve the
redesignation of the State College Area
to attainment for the 8-hour ozone
NAAQS, the associated maintenance
plan, the 2002 base year inventory, and
the MVEBs 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.
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Dated: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E7–17890 Filed 9–10–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1990–0011; FRL–8465–3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Environmental Protection
Agency.
ACTION: Notice of intent for partial
deletion of a portion of the Seneca Army
Depot Activity Superfund Site from the
National Priorities List.
AGENCY:
SUMMARY: The United States
Environmental Protection Agency (EPA)
announces its intent to delete from the
National Priorities List (NPL) all media
(surface soils, subsurface soils,
structures, surface water, and ground
water) within the following two specific
parcels of real property located at the
Seneca Army Depot Activity (SEDA)
Superfund Site (Site), Romulus, New
York: Real Estate Parcel 1, except for a
portion of this parcel known as SEAD–
24; and the entirety of Real Estate Parcel
2. EPA requests public comment on this
action. The NPL constitutes Appendix B
to the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP), 40 CFR Part 300, which EPA
promulgated pursuant to Section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA), as amended. EPA and
the State of New York, through its
Department of Environmental
Conservation (the State), have
determined that all appropriate CERCLA
response actions related to Parcel 1
(except the SEAD–24 portion) and
Parcel 2 have been implemented. This
partial deletion pertains only to Parcel
1 (except the SEAD–24 portion) and
Parcel 2, and does not include any other
portions of the Site. The portion of
Parcel 1 known as SEAD–24 is not
proposed for deletion at this time.
Figure one (in the deletion docket)
shows a map of Real Estate Parcels 1
and 2, and delineates between those
areas being proposed for deletion and
those areas that will remain on the NPL.
The purpose of the proposed deletion
of Parcel 1 (except the SEAD–24
portion) and Parcel 2 is to remove
uncontaminated and potentially useful
property from the NPL, thereby making
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Agencies
[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Proposed Rules]
[Pages 51747-51758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17890]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2007-0533; FRL-8465-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Centre County 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: Proposed rule.
-----------------------------------------------------------------------
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 Centre County ozone nonattainment area
(State College Area) be redesignated as attainment for the 8-hour ozone
national ambient air quality standard (NAAQS). EPA is proposing to
approve the ozone redesignation request for State College Area. In
conjunction with its redesignation request, PADEP submitted a SIP
revision consisting of a maintenance plan for State College Area that
provides for continued attainment of the 8-hour ozone NAAQS for at
least 10 years after redesignation. EPA is proposing to make a
determination that the State College Area has attained the 8-hour ozone
NAAQS, based upon three years of complete, quality-assured ambient air
quality ozone monitoring data for 2004-2006. EPA's proposed approval of
the 8-hour ozone redesignation request is based on its determination
that the State College Area has met the criteria for redesignation to
attainment specified in the Clean Air Act. In addition, PADEP submitted
a 2002 base year inventory for the State College Area which EPA is
proposing to approve as a SIP revision. EPA is also providing
information on the status of its adequacy determination for the motor
vehicle emission budgets
[[Page 51748]]
(MVEBs) that are identified in the State College Area maintenance plan
for purposes of transportation conformity, which EPA is also proposing
to approve. EPA is proposing approval of the redesignation request, and
the maintenance plan and the 2002 base year inventory SIP revisions in
accordance with the requirements of the Clean Air Act.
DATES: Written comments must be received on or before October 11, 2007.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0533 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: powers.marilyn@epa.gov
C. Mail: EPA-R03-OAR-2007-0533, Marilyn Powers, 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-
2007-0533. 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 https://
www.regulations.gov or e-mail. The https://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 https://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
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://
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, P.O. Box 8468,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@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 State's Request?
VII. Are the Motor Vehicle Emissions Budgets Established and
Identified in the Maintenance Plan for the State College Area
Adequate and Approvable?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews
I. What Are the Actions EPA Is Proposing To Take?
On June 12, 2007, PADEP formally submitted a request to redesignate
the State College Area from nonattainment to attainment of the 8-hour
NAAQS for ozone. Concurrently, on June 12, 2007, PADEP submitted a
maintenance plan for the State College Area as a SIP revision to ensure
continued attainment for at least 10 years after redesignation. PADEP
also submitted a 2002 base year inventory as a SIP revision on June 12,
2007. The State College Area is currently designated as a basic 8-hour
ozone nonattainment area. EPA is proposing to determine that the State
College 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 Clean Air Act. EPA is, therefore, proposing to approve the
redesignation request to change the designation of the State College
Area from nonattainment to attainment for the 8-hour ozone NAAQS. EPA
is also proposing to approve the State College Area maintenance plan as
a SIP revision, such approval being one of the Clean Air Act criteria
for redesignation to attainment status. The maintenance plan is
designed to ensure continued attainment in the State College Area for
the next ten years. EPA is also proposing to approve the 2002 base year
inventory for the State College Area as a SIP revision. Additionally,
EPA is announcing its action on the adequacy process for the MVEBs
identified in the State College Area maintenance plan, and proposing to
approve the MVEBs identified for volatile organic compounds (VOC) and
nitrogen oxides (NOX) 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 Clean Air Act 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 ozone 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
State College Area was designated as basic 8-hour ozone nonattainment
status 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.
On April 30, 2004, EPA issued a final rule (69 FR 23951, 23996) to
revoke the 1-hour ozone NAAQS in the State
[[Page 51749]]
College Area (as well as most other areas of the country) effective
June 15, 2005. See, 40 CFR 50.9(b); 69 FR at 23966 (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). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC 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
DC 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
Clean Air 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
Clean Air 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 motor vehicle
emissions budgets until 8-hour budgets were available for 8-hour
conformity determinations, which is already required under EPA's
conformity regulations. The Court thus clarified that 1-hour conformity
determinations are not required for anti-backsliding purposes.
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 State College Area Has Met
All Applicable Requirements Under Section 110 and Part D of the Clean
Air Act and Has Fully Approved SIP under Section 110(k) of the Clean
Air Act,'' EPA discusses its rationale why the decision in South Coast
is not an impediment to redesignating the State College Area to
attainment of the 8-hour ozone NAAQS.
The Clean Air Act, 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
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 Clean Air Act for subpart 2 requirements). All other areas
are covered under subpart 1, based upon their 8-hour design values. In
2004, State College Area was designated a basic 8-hour ozone
nonattainment area based upon air quality monitoring data from 2001-
2003, and therefore, is subject to the requirements of subpart 1 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 from the 3-year period of 2004-2006 indicates that the
State College Area has a design value of 0.076 ppm. Therefore, the
ambient ozone data for the State College Area indicates no violations
of the 8-hour ozone standard.
B. The State College Area
The State College Area consists of Centre County, Pennsylvania.
Prior to its designation as an 8-hour ozone nonattainment area, State
College Area was an attainment/unclassifiable area for the 1-hour ozone
nonattainment NAAQS. See 56 FR 56694 (November 6, 1991).
On June 12, 2007, PADEP requested that the State College Area be
redesignated to attainment for the 8-hour ozone standard. The
redesignation request included 3 years of complete, quality-assured
data for the period of 2004-2006, indicating that the 8-hour NAAQS for
ozone had been achieved in the State College Area. The data satisfies
the Clean Air Act requirements when 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) is less than or equal
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). Under the
Clean Air Act, 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 Clean Air Act
redesignation requirements set forth in section 107(d)(3)(E).
III. What Are the Criteria for Redesignation to Attainment?
The Clean Air Act provides the requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of
the Clean Air Act, 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.
[[Page 51750]]
EPA provided guidance on redesignation in the General Preamble for
the Implementation of Title I of the Clean Air Act 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 Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSD's) 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 June 12, 2007, PADEP requested redesignation of the State
College Area to attainment for the 8-hour ozone standard. On June 12,
2007, PADEP submitted a maintenance plan for the State College Area as
a SIP revision to assure continued attainment at least 10 years after
redesignation. EPA has determined that the State College Area has
attained the standard and has met the requirements for redesignation
set forth in section 107(d)(3)(E). PADEP also submitted a 2002 base
year inventory concurrently with its maintenance plan as a SIP
revision.
V. What Would Be the Effect of These Actions?
Approval of the redesignation request would change the designation
of the State College 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
State College Area for the next 10 years. The maintenance plan includes
contingency measures to remedy any future violations of the 8-hour
NAAQS (should they occur), and identifies the MVEBs for NOX
and VOC for transportation conformity purposes for the years 2004, 2009
and 2018. These motor vehicle emissions (2004) and MVEBs (2009 and
2018) are displayed in the following table:
Table 1.--Motor Vehicle Emissions Budgets in Tons per Day (tpd)
------------------------------------------------------------------------
Year NOX VOC
------------------------------------------------------------------------
2009.............................................. 12.5 5.4
2018.............................................. 6.0 3.7
------------------------------------------------------------------------
VI. What Is EPA's Analysis of the State's Request?
EPA is proposing to determine that State College Area has attained
the 8-hour ozone standard and that all other redesignation criteria
have been met. The following is a description of how PADEP's June 12,
2007 submittal satisfies the requirements of section 107(d)(3)(E) of
the Clean Air Act.
A. The State College Area Has Attained the 8-Hour Ozone NAAQS
EPA is proposing to determine that the State College 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 and 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 State College Area, there is one monitor that measures air
quality with respect to ozone. As part of its redesignation request,
Pennsylvania submitted ozone monitoring data for the years 2004-2006
(the most recent three years of data available as of the time of the
redesignation request) for the State College Area. This data has been
quality assured and is recorded in AQS. The fourth-high 8-hour daily
maximum concentrations, along with the three-year average, are
summarized in Table 2.
Table 2.--State College County Nonattainment Area Fourth Highest 8-Hour
Average Values; State College County Monitor, AQS ID 42-027-0100
------------------------------------------------------------------------
Annual
4th high
Year reading
(ppm)
------------------------------------------------------------------------
2004......................................................... 0.069
2005......................................................... 0.083
2006......................................................... 0.078
------------------------------------------------------------------------
The average for the 3-year period 2004 through 2006 is 0.076 ppm.
The air quality data for 2004-2006 show that the State College Area
has attained the standard with a design value of 0.076 ppm. The data
collected at the State College Area monitor satisfies the Clean Air Act
requirement that the 3-year average of the annual
[[Page 51751]]
fourth-highest daily maximum 8-hour average ozone concentration is less
than or equal to 0.08 ppm. PADEP's request for redesignation for the
State College Area indicates that the data was quality assured in
accordance with 40 CFR part 58. 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 taken from AQS indicates that State
College Area has attained the 8-hour ozone NAAQS.
B. The State College Area Has Met All Applicable Requirements Under
Section 110 and Part D of the Clean Air Act and Has a Fully Approved
SIP Under Section 110(k) of the Clean Air Act
EPA has determined that the State College Area has met all SIP
requirements applicable for purposes of this redesignation under
section 110 of the Clean Air Act (General SIP Requirements) and that it
meets all applicable SIP requirements under Part D of Title I of the
Clean Air Act, 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 what requirements are applicable to the area and
determined that the applicable portions of the SIP meeting these
requirements are fully approved under section 110(k) of the Clean Air
Act. 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
Clean Air Act requirements that come 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). Applicable requirements of the
Clean Air Act that come due 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 Clean Air Act. Sierra Club v. EPA, 375 F.3d 537
(7th Cir. 2004). See also, 68 FR 25424, 25427 (May 12, 2003)
(redesignation of St. Louis).
This action also sets forth EPA's views on the potential effect of
the Court's rulings on this proposed redesignation action. For the
reasons set forth below, 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 proposing or
ultimately 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 Clean Air Act and longstanding policies
regarding redesignation requests.
1. Section 110 General SIP Requirements
Section 110(a)(2) of Title I of the Clean Air Act 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 requirement (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 are 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 State
College 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 53174-53176, October 10, 1996), (62 FR 24816, 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 37890, June 19, 2000), and in the Pittsburgh
redesignation (66 FR 50399, 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(l) 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
[[Page 51752]]
nonattainment status are not applicable for purposes of redesignation.
Any section 110 requirements that are linked to the Part D requirements
for 8-hour ozone nonattainment areas are not yet due, because, as we
explain later in this notice, no Part D requirements applicable for
purposes of redesignation under the 8-hour standard became due prior to
submission of the redesignation request.
Because the Pennsylvania SIP satisfies all of the applicable
general SIP elements and requirements set forth in section 110(a)(2),
EPA concludes that Pennsylvania has satisfied the criterion of section
107(d)(3)(E) regarding section 110 of the Clean Air Act.
2. Part D Nonattainment Area Requirements Under the 1-Hour and 8-Hour
Standards
The State College Area was designated a basic nonattainment area
for the 8-hour ozone standard. Sections 172-176 of the Clean Air Act,
found in subpart 1 of Part D, set forth the basic nonattainment
requirements for all nonattainment areas. As discussed previously,
because the State College Area was designated unclassifiable/attainment
under the 1-hour standard, and was never designated nonattainment for
the 1-hour standard, there are no outstanding 1-hour nonattainment area
requirements it would be required to meet. Thus, we find that the
Court's ruling does not result in any additional 1-hour requirements
for purposes of redesignation.
With respect to the 8-hour standard, EPA notes that the Court's
ruling rejected EPA's reasons for classifying areas under subpart 1 for
the 8-hour standard, and remanded that matter to the Agency.
Consequently, it is possible that this area could, during a remand to
EPA, be reclassified under subpart 2. Although any future decision by
EPA to classify this under subpart 2 might trigger additional future
requirements for the area, EPA believes that this does not mean that
redesignation of the area cannot now go forward. This belief is based
upon (1) EPA's longstanding policy of evaluating requirements in
accordance with the requirements due at the time the request is
submitted; and (2) consideration of the inequity of applying
retroactively any requirements that might in the future be applied.
At the time the redesignation request was submitted, the State
College Area was classified under subpart 1 and was obligated to meet
subpart 1 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. See 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. The DC Circuit recognized the inequity in such retroactive
rulemaking. See, Sierra Club v. Whitman, 285 F. 3d 63 (DC Cir. 2002),
in which the DC Circuit upheld a District Court's ruling refusing to
make retroactive an EPA 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 plan 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
additional SIP requirements under subpart 2 that were not in effect at
the time it submitted its redesignation request.
With respect to the 8-hour standard, EPA proposes to determine that
Pennsylvania's SIP meets all applicable SIP requirements under Part D
of the Clean Air Act, because no 8-hour ozone standard Part D
requirements applicable for purposes of redesignation became due prior
to submission of the redesignation request for the State College Area.
Because the Commonwealth submitted a complete redesignation request for
the State College Area prior to the deadline for any submissions
required under the 8-hour standard, we have determined that the Part D
requirements do not apply to the State College Area for the purposes of
redesignation.
In addition to the fact that no Part D requirements applicable
under the 8-hour standard became due prior to submission of the
redesignation request, 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 Clean Air Act 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 Clean Air Act required 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 State College Area, EPA has also determined that
before being redesignated, the State College Area need not comply with
the requirement that a NSR program be approved prior to redesignation.
EPA has also determined that areas being redesignated need not comply
with the requirement that a NSR program be approved prior to
redesignation, provided that the area demonstrates maintenance of the
standard without Part D NSR in effect. The rationale for this position
is described in a memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation, dated October 14, 1994, entitled, ``Part D NSR
Requirements of Areas Requesting Redesignation to Attainment.''
Normally, State's Prevention of Significant Deterioration (PSD) program
will become effective in the area immediately upon redesignation to
attainment. See the more detailed explanations in the following
redesignation rulemakings: Detroit, MI (60 FR 12467-12468, March 7,
1995); Cleveland-Akron-Lorrain, OH
[[Page 51753]]
(61 FR 20458, 20469-20470, May 7, 1996); Louisville, KY (66 FR 53665,
53669, October 23, 2001); Grand Rapids, MI (61 FR 31831, 31836-31837,
June 21, 1996). In the case of the State College Area, the Chapter 127
Part D NSR regulations in the Pennsylvania SIP (codified at 40 CFR
52.2020(c)(1)) explicitly apply the requirements for NSR in section 184
of the Clean Air Act to ozone attainment areas within the ozone
transport region (OTR). The OTR NSR requirements are more stringent
than that required for a marginal or basic ozone nonattainment area. 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 State College Area.
All areas in the 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 reasonably Available control technology (RACT),
NSR, enhanced vehicle inspection and maintenance (I/M), and Stage II
vapor recovery or a comparable measure.
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 RACT, and I/M programs even after redesignation. Second, the
section 184 control measures are region-wide requirements and do not
apply to the State College Area by virtue of the area's designation and
classification. See, 61 FR 53174, 53175-53176 (October 10, 1996) and 62
FR 24826, 24830-24832 (May 7, 1997).
In the case of the State College Area, which is located in the OTR,
nonattainment NSR will be applicable after redesignation. As discussed
previously, EPA fully approved Pennsylvania's NSR SIP revision which
applies the requirements for NSR of section 184 of the Clean Air Act to
attainment areas within the OTR.
3. The State College Area Has a Fully Approved SIP for the Purposes of
Redesignation
EPA has fully approved the Pennsylvania SIP for the purposes of
redesignation. EPA may rely on prior SIP approvals in approving a
redesignation request. Calcagni Memo, p. 3; Southwestern Pennsylvania
Growth 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 also, 68 FR
at 25425 (May 12, 2003) and citations therein.
The State College Area was a 1-hour attainment/unclassifiable area
at the time of its designation as a basic 8-hour ozone nonattainment
area on April 30, 2004 (69 FR 23857). Because the State College Area
was a 1-hour attainment/unclassifiable area, there are no previous Part
D SIP submittal requirements. Also, no Part D submittal requirements
have come due prior to the submittal of the 8-hour maintenance plan for
the area. Therefore, all Part D submittal requirements have been
fulfilled. Because there are no outstanding SIP submission requirements
applicable for the purposes of redesignation of the State College Area,
the applicable implementation plan satisfies all pertinent SIP
requirements. As indicated previously, EPA believes that the section
110 elements not connected with Part D nonattainment plan submissions
and not linked to the area's nonattainment status are not applicable
requirements for purposes of redesignation. EPA also believes that no
8-hour Part D requirements applicable for purposes of redesignation
have yet become due for the State College Area, and therefore they need
not be approved into the SIP prior to redesignation.
C. The Air Quality Improvement in the State College 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 State College 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 3.
Table 3.--Total VOC and NOX Emissions for 2002 and 2004 in Tons per Day (tpd)
----------------------------------------------------------------------------------------------------------------
Year Point Area Nonroad Mobile Total
----------------------------------------------------------------------------------------------------------------
Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
Year 2002................................................ 0.1 6.8 3.1 8.1 18.1
Year 2004................................................ 0.1 6.7 3.1 7.0 16.9
Diff. (02-04)............................................ 0.0 -0.1 0.0 -1.1 -1.2
----------------------------------------------------------------------------------------------------------------
Nitrogen Oxides (NOx)
----------------------------------------------------------------------------------------------------------------
Year 2002................................................ 5.8 0.8 4.0 18.8 29.4
Year 2004................................................ 3.8 0.9 3.8 16.8 25.3
Diff. (02-04)............................................ -2.0 0.1 -0.2 -2.0 -4.1
----------------------------------------------------------------------------------------------------------------
Between 2002 and 2004, VOC emissions were reduced by 1.2 tpd, and
NOX emissions were reduced by 4.1 tpd. These reductions and
anticipated future reductions are due to the following permanent and
enforceable measures implemented or in the process of being implemented
in the State College Area:
1. Stationary Point Sources
Federal NOX SIP Call (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 Engines and Vehicles Standards (62 FR 54694, October 21,
1997 and 65 FR 59896, October 6, 2000).
National Low Emission Vehicle
[[Page 51754]]
(NLEV) (64 FR 72564, December 28, 1999).
Vehicle Safety Inspection Program (70 FR 58313, October 6, 2005).
4. Nonroad 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 State College Area Has a Fully Approved Maintenance Plan
Pursuant to Section 175A of the Clean Air Act
In conjunction with its request to redesignate the State College
Area to attainment status, Pennsylvania submitted a SIP revision to
provide for maintenance of the 8-hour ozone NAAQS in the State College
Area for at least 10 years after redesignation. Pennsylvania is
requesting that EPA approve this SIP revision as meeting the
requirement of section 175A of the Clean Air Act. Once approved, the
maintenance plan for the 8-hour ozone NAAQS will ensure that the SIP
for the State College Area meets the requirements of the Clean Air Act
regarding maintenance of the applicable 8-hour ozone standard.
What is required in a maintenance plan?
Section 175A of the Clean Air Act 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 Clean Air Act 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:
(1) An attainment emissions inventory;
(2) A maintenance demonstration;
(3) A monitoring network;
(4) Verification of continued attainment; and
(5) A contingency plan.
Analysis of the State College 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 State
College Area since it is a reasonable year within the 3-year block of
2002-2004 and accounts for reductions attributable to implementation of
the Clean Air Act requirements to date. The 2004 inventory is
consistent with EPA guidance and is based on actual ``typical summer
day'' emissions of VOC and NOX during 2004 and consists of a
list of sources and their associated emissions.
PADEP prepared comprehensive VOC and NOX emissions
inventories for the State College Area, including point, area, mobile
on-road, and mobile non-road sources for a base year of 2002.
To develop the NOX and VOC base year emissions
inventories, PADEP used the following approaches and sources of data:
(i) Point source emissions--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 System
and EPA's publication series AP-42 and are based on Source
Classification Code (SCC). Each process has at least one SCC assigned
to it. If the owners and operators of facilities provide more accurate
emission data based upon other factors, these emission estimates
supersede those calculated using SCC codes.
(ii) Area source emissions--Area source emissions are generally
estimated by multiplying an emission factor by some known indicator or
collective activity for each area source category at the county level.
Pennsylvania estimates emissions from area sources using emission
factors and SCC codes in a method similar to that used for stationary
point sources. Emission factors may also be derived from research and
guidance documents if those documents are more accurate than FIRE and
AP-42 factors. Throughput estimates are derived from county-level
activity data, by apportioning national and statewide activity data to
counties, from census numbers, and from county employee numbers. County
employee numbers are based upon North American Industry Classification
System (NAICS) codes to establish that those numbers are specific to
the industry covered.
(iii) On-road mobile sources--PADEP employs an emissions estimation
methodology that uses current EPA-approved highway vehicle emission
model, MOBILE 6.2, to estimate highway vehicle emissions. The State
College Area highway vehicle emissions in 2004 were estimated using
MOBILE 6.2 and PENNDOT estimates of vehicles miles traveled (VMT) by
vehicle type and roadway type.
(iv) Mobile nonroad emissions--The 2002 emissions for the majority
of nonroad emission source categories were estimated using the EPA
NONROAD 2005 model. The NONROAD model estimates emissions for diesel,
gasoline, liquefied petroleum gasoline, and compressed natural gas-
fueled nonroad equipment types and includes growth factors. The NONROAD
model does not estimate emissions from aircraft or locomotives. For
2002 locomotive emissions, PADEP projected emissions from a 1999 survey
using national fuel information and EPA emission and conversion
factors. There are no commercial aircraft operations in the State
College Area. For 2002 aircraft emissions, PADEP estimated emissions
using small aircraft operation statistics from https://www.airnav.com,
and emission factors and operational characteristics in the EPA-
approved model, Emissions and Dispersion Modeling System (EDMS).
The 2004 attainment year VOC and NOX emissions for the
State College Area are summarized along with the 2009 and 2018
projected emissions for this area in Tables 4 and 5, which cover the
demonstration of maintenance for this area. EPA has concluded that
Pennsylvania has adequately derived and documented the 2004 attainment
year VOC and NOX emissions for this area.
(b) Maintenance Demonstration--On June 12, 2007, PADEP submitted a
SIP revision to supplement its June 12, 2007 redesignation request. The
submittal by PADEP consists of the maintenance plan as required by
section 175A of the Clean Air Act. The State College 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 State College 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.
[[Page 51755]]
Tables 4 and 5 specify the VOC and NOX emissions for the
State College Area for 2004, 2009, and 2018. PADEP chose 2009 as an
interim year in the 10-year 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 10-
year maintenance period.
Table 4.--Total VOC Emissions for 2004-2018 (tpd)
------------------------------------------------------------------------
2004 VOC 2009 VOC 2018 VOC
Source category emissions emissions emissions
------------------------------------------------------------------------
Mobile*.......................... 7.0 5.4 3.7
Nonroad.......................... 3.1 2.7 2.1
Area............................. 6.7 6.4 6.7
Point............................ 0.1 0.1 0.1
--------------------------------------
Total........................ 16.9 14.6 12.6
------------------------------------------------------------------------
* Includes safety margin identified in the motor vehicle emission
budgets for transportation conformity.
Table 5.--Total NOX Emissions 2004-2018 (tpd)
------------------------------------------------------------------------
2004 NOX 2009 NOX 2018 NOX
Source category emissions emissions emissions
------------------------------------------------------------------------
Mobile*.......................... 16.8 12.5 6.0
Nonroad.......................... 3.8 3.2 1.9
Area............................. 0.9 0.9 0.9
Point............................ 3.8 6.7 7.7
--------------------------------------
Total........................ 25.3 23.3 16.5
------------------------------------------------------------------------
* Includes safety margin identified in the motor vehicle emission
budgets for transportation conformity.
The following programs are either effective or due to become effective
and will further contribute to the maintenance demonstration of the 8-
hour ozone NAAQS:
1. Pennsylvania's Portable Fuel Containers (69 FR 70893, December
8, 2004).
2. Pennsylvania's Consumer Products (69 FR 70895, December 8,
2004).
3. Pennsylvania's Architectural and Industrial Maintenance (AIM)
Coatings (69 FR 68080, November 23, 2004).
4. Federal NOX SIP Call (66 FR 43795, August 21, 2001).
5. Federal Clean Air Interstate Rule (71 FR 25328, April 28, 2006).
6. FMVCP for passenger vehicles and light-duty trucks and cleaner
gasoline (2009 and 2018 fleet)--Tier 1 and Tier 2 (56 FR 25724, June 5,
1991 and 65 FR 6698, February 10, 2000).
7. NLEV Program, which includes the Pennsylvania's Clean Vehicle
Program for passenger vehicles and light-duty trucks (69 FR 72564,
December 28, 1999)--proposed amendments to move the implementation to
model year (MY) 2008.
8. Heavy duty diesel on-road (2004/2007) and low-sulfur on-road
(2006) (66 FR 5002, January 18, 2001).
9. Non-road emissions standards (2008) and off-road diesel fuel
(2007/2010) (69 FR 38958, June 29, 2004).
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 State College Area.
(c) Monitoring Network--There is currently one monitor measuring
ozone in the State College Area. Pennsylvania will continue to operate
its current air quality monitor 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 State College
Area by reviewing air quality and emissions during the maintenance
period. The Commonwealth will perform an annual evaluation of two key
factors, 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 part 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.
(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 Clean Air
Act 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 State College 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 eight-hour ozone concentrations at the State
College Area monitor are above 84 ppb. If this trigger point occurs,
the Commonwealth will
[[Page 51756]]
evaluate whether additional local emission control measures should be
implemented in order to prevent a violation of the air quality
standard. PADEP will analyze the conditions leading to the excessive
ozone levels and evaluate what measures might be most effective in
correcting the excessive ozone levels. PADEP will also analyze the
potential emissions effect of Federal, State and local measure that
have been adopted but not yet implemented at the time of 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 State College
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 State College Area will include, but not limited to
the following:
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 onroad 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.
Regulatory measures:
--Additional controls on consumer products.
--Additional control on portable fuel containers.
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 Maintenance Plan for the State College Area Adequate and
Approvable?
A. What Are the Motor Vehicle Emissions Budgets?
Under the Clean Air Act, 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. Pursuant to 40 CFR part 93 and Sec. 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 in control strategy
SIPs and maintenance plans.
Under section 176(c) of the Clean Air Act, 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 budget
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 Clean Ai