Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Carbon Monoxide Maintenance Plan Update; Limited Maintenance Plan in Philadelphia County, 56911-56914 [E7-19516]
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Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations
40 CFR citation
OMB control No.
Significant New Uses of Chemical
Substances
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721.10068 .......................
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2070–0038
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[EPA–R03–OAR–2007–0511; FRL–8476–9]
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
4. By adding new § 721.10068 to
subpart E to read as follows:
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yshivers on PROD1PC62 with RULES
Elemental mercury.
(a) Definitions. The definitions in
§ 721.3 apply to this section. In
addition, the following definition
applies: Motor vehicle has the meaning
found at 40 CFR 85.1703.
(b) Chemical substances and
significant new uses subject to reporting.
(1) The chemical substance elemental
mercury (CAS. No. 7439–97–6) is
subject to reporting under this section
for the significant new uses described in
paragraph (b)(2) of this section.
(2) The significant new uses are:
(i) Manufacture or processing of
elemental mercury for use in
convenience light switches in new
motor vehicles.
(ii) Manufacture or processing of
elemental mercury for use in
convenience light switches as new
aftermarket replacement parts for motor
vehicles.
(iii) Manufacture or processing of
elemental mercury for use in switches
in anti-lock brake systems (ABS) in new
motor vehicles.
(iv) Manufacture or processing of
elemental mercury for use in switches
in ABS as new aftermarket replacement
parts for motor vehicles that were
manufactured after January 1, 2003.
(v) Manufacture or processing of
elemental mercury for use in switches
in active ride control systems in new
motor vehicles.
(vi) Manufacture or processing of
elemental mercury for use in switches
in active ride control systems as new
aftermarket replacement parts for motor
vehicles that were manufactured after
January 1, 2003.
(c) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Suspension or revocation of
certain notification exemptions. The
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BILLING CODE 6560–50–S
40 CFR Part 52
3. The authority citation for part 721
continues to read as follows:
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VerDate Aug<31>2005
[FR Doc. E7–19705 Filed 10–4–07; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
PART 721—[AMENDED]
§ 721.10068
provisions of § 721.45(f) do not apply to
this section. A person who imports or
processes elemental mercury as part of
an article is not exempt from submitting
a significant new use notice.
(2) [Reserved]
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Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Carbon Monoxide
Maintenance Plan Update; Limited
Maintenance Plan in Philadelphia
County
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve a revision to the
Pennsylvania State Implementation Plan
(SIP) that was submitted on March 19,
2007 by the Pennsylvania Department of
the Environment. This revision is a
conversion of the currently approved
full maintenance plan for carbon
monoxide for the years 2007–2017, to a
maintenance plan that will utilize a
limited maintenance plan option for the
same period. This will allow Federal
actions requiring conformity
determinations to be considered as
automatically satisfying the budget test
for carbon monoxide. EPA is approving
these revisions to the Philadelphia
County carbon monoxide maintenance
plan in accordance with the
requirements of the Clean Air Act (the
Act). This action is being taken under
section 110 of the Act.
DATES: This rule is effective on
December 4, 2007 without further
notice, unless EPA receives adverse
written comment by November 5, 2007.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2007–0511 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–2007–0511,
Marilyn Powers, Acting Chief, Air
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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–
0511. 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
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Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations
19103. Copies of the State submittal are
available at the Pennsylvania
Department of Environmental Resources
Bureau of Air Quality Control, P.O. Box
8468, 400 Market Street, Harrisburg,
Pennsylvania 17105; and the
Department of Public Health, Air
Management Services, 321 University
Avenue, Philadelphia, Pennsylvania
19104.
FOR FURTHER INFORMATION CONTACT:
Catherine L. Magliocchetti, (215) 814–
2174, or by e-mail at
magliocchetti.catherine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information is
arranged as follows:
I. What Is the Background of This SIP
Revision?
II. What Is a Limited Maintenance Plan?
III. What Does This Mean for Transportation
Conformity?
IV. What Final Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews
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I. What Is the Background of This SIP
Revision?
On March 19, 2007, the Pennsylvania
Department of Environmental Protection
submitted a SIP revision to EPA,
requesting that EPA convert the
previously approved second follow-on
ten year carbon monoxide maintenance
plan, covering the years 2007–2017, to
a limited maintenance plan designation.
In 1991, EPA designated part of
Philadelphia County as a carbon
monoxide nonattainment area (see 56
FR 56694, 11/6/91). The Commonwealth
of Pennsylvania subsequently
developed a state implementation plan
to control carbon monoxide emissions,
utilizing federal and state control
measures, ultimately resulting in
attainment of the carbon monoxide
National Ambient Air Quality Standard
(NAAQS). The area was redesignated to
attainment, effective March 15, 1996 (61
FR 2926, 1/30/96) and the ten year
maintenance plan covering the period
1997–2007 was also approved.
Following this period, in accordance
with section 175A(b) of the Act, on
September 3, 2004, Pennsylvania
submitted a second ten year follow-on
maintenance plan, covering the period
2007–2017, providing for continued
attainment of the carbon monoxide
NAAQS in Philadelphia County. This
maintenance plan, approved by EPA (70
FR 16958, 4/4/05) and effective on June
3, 2005, established a motor vehicle
emissions budget for carbon monoxide
that is considered constraining for the
purposes of determining conformity
with the approved SIP. The purpose of
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the latest SIP revision is to convert the
full maintenance plan to a limited
maintenance plan, which will allow for
emissions budgets in the affected area to
be treated as essentially not constraining
for the purposes of future transportation
and general conformity determinations.
II. What Is a Limited Maintenance
Plan?
EPA detailed the limited maintenance
plan option in a memorandum entitled,
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment
Areas,’’ signed by Joseph Paisie, Group
Leader, Integrated Policy and Strategies
Group, Office of Air Quality Planning
and Standards (OAQPS), dated October
6, 1995. Pursuant to this approach, we
will consider the maintenance
demonstration satisfied for
‘‘nonclassified’’ areas if the monitoring
data show that the design value is at or
below 7.65 parts per million (ppm),
which is equal to 85 percent of the level
of the 8-hour carbon monoxide NAAQS.
The design value must be based on eight
consecutive quarters of data. For such
areas, there is no requirement to project
emissions of air quality over the
maintenance period. We believe that if
the area begins the maintenance period
at or below 85 percent of the 8-hour
carbon monoxide NAAQS, then the
applicability of Prevention of
Significant Deterioration (PSD)
requirements, the control measures
already in the SIP, and Federal
measures, should provide adequate
assurance of maintenance over the 10year maintenance period.
In addition, the design value for the
area must continue to be at or below
7.65 ppm until the time of the final EPA
action. Current carbon monoxide design
values for Philadelphia County meet the
requirements for a limited maintenance
plan. The current design value in
Philadelphia for carbon monoxide is 3.4
ppm, and recent design values have
been between one-third to less than onehalf of the NAAQS for this pollutant.
Projections of ambient air quality
throughout the maintenance period
conclude that the 2017 design value for
carbon monoxide would be 2.2 ppm.
Accordingly, we believe this
redesignated carbon monoxide
attainment area qualifies for use of a
limited maintenance plan.
Further, the EPA guidance document
referenced above, sets forth the core
criteria for a limited maintenance plan.
All of these criteria were met in the full
maintenance plan approved by EPA and
effective June 3, 2005 (70 FR 16958,
4/4/05), and will not be restated here, as
this action only relates to use of the
limited maintenance plan option in the
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context of determining conformity with
the SIP.
III. What Does This Mean for
Transportation Conformity?
Section 176(c) of the Act defines
transportation conformity as conformity
to the SIP’s purpose of eliminating or
reducing the severity and number of
violations of the NAAQS and achieving
expeditious attainment of such
standards. The Act further defines
transportation conformity to mean that
no Federal transportation activity will:
(1) Cause or contribute to any new
violation of any standard in any area, (2)
increase the frequency or severity of any
existing violation of a standard in any
area; or (3) delay timely attainment of
any standard in any area. The Federal
Transportation Conformity Rule, 40 CFR
Part 93, subpart A, sets forth the criteria
and procedures for demonstrations
assuring conformity of transportation
plans, programs and projects that are
developed, funded or approved by the
U.S. Department of Transportation, and
by metropolitan planning organizations
or other recipients of funds under Title
23 U.S.C. of the Federal Transit
Administration (49 U.S.C. Chapter 53).
The transportation conformity rule
applies within all nonattainment and
maintenance areas. As prescribed by the
transportation conformity rule, once an
area has an applicable state
implementation plan with motor vehicle
emissions budgets, the expected
emissions from planned transportation
activities must be consistent with (i.e.,
conform to) such established budgets for
that area.
In the case of the Philadelphia
County, Pennsylvania, carbon monoxide
limited maintenance plan area,
however, the emissions budgets may be
treated as essentially non-constraining
for the length of the second
maintenance period as long as the area
continues to meet the limited
maintenance plan criteria. There is no
reason to expect that this area will
experience so much growth in that
period that a violation of the carbon
monoxide NAAQS would result.
Since limited maintenance plan areas
are still maintenance areas however,
transportation conformity
determinations are still required for
transportation plans, programs and
projects. Specifically, determinations,
transportation plans, transportation
improvement programs and projects
must still demonstrate that they are
fiscally constrained (40 CFR part 108)
and must meet the criteria consultation
and Transportation Control Measure
(TCM) implementation with the
conformity rule (40 CFR 93.112 and 40
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CFR 93.113). In addition, projects in
limited maintenance areas will still be
required to meet the criteria for carbon
monoxide hot spot analyses to satisfy
‘‘project level’’ conformity
determinations (40 CFR 93.116 and 40
CFR 93.123). All aspects of
transportation conformity (with the
exception of satisfying the emissions
budget test) will still be required.
If a carbon monoxide attainment area
monitor records concentrations at or
above the limited maintenance
eligibility criteria of 7.65 ppm, then the
maintenance area will no longer qualify
for a limited maintenance plan and will
revert to a full maintenance plan. In this
event, the limited maintenance plan
would remain applicable for conformity
purposes only until the full
maintenance plan is submitted and EPA
has found the SIP’s motor vehicle
emissions budgets adequate for
conformity purposes, or EPA approves
the full maintenance plan SIP revision.
IV. What Final Action Is EPA Taking
Today?
EPA is approving a SIP revision
request submitted by the Pennsylvania
Department of the Environment,
requesting a limited maintenance plan
option for the carbon monoxide
maintenance area in Philadelphia
County. This SIP revision supplements
the currently approved carbon
monoxide maintenance plan and
establishes a limited maintenance plan
with an unlimited budget for regional
motor vehicle emissions for the
Philadelphia County, Pennsylvania
carbon monoxide maintenance area. For
future Federal actions requiring
conformity determinations under the
transportation conformity rule and
general conformity rule (40 CFR Part
93), the area will be considered to
already satisfy the budget test for carbon
monoxide.
We are publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register, EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revision if adverse
comments are filed. This rule will be
effective on December 4, 2007 without
further notice unless EPA receives
adverse comment by November 5, 2007.
If EPA receives adverse comment, EPA
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
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second comment period on this action.
Any parties interested in commenting
must do so at this time.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). This rule also does not
have tribal implications because it will
not have a substantial direct effect on
one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Clean Air Act. This rule also is
not subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it approves a state rule
implementing a Federal standard.
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56913
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. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 4,
2007. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action.
This action, which approves a
conversion of the Philadelphia County
carbon monoxide full maintenance plan
to a limited maintenance plan option for
the purpose of satisfying future
conformity determinations, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations.
existing entry for Carbon Monoxide
Maintenance Plan (Philadelphia
County) to read as follows:
PART 52—[AMENDED]
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1. The authority citation for part 52
continues to read as follows:
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§ 52.2020
Authority: 42 U.S.C. 7401 et seq.
Dated: September 14, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
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Subpart NN Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by revising the
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40 CFR part 52 is amended as follows:
Name of non-regulatory SIP revision
Applicable geographic area
State submittal
date
EPA approval date
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Carbon Monoxide Maintenance Plan ....
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Philadelphia County.
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9/8/95, 10/30/
95
9/3/04
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1/30/96 ......................
61 FR 2982 ...............
4/4/05 ........................
70 FR 16958 .............
3/19/07
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[FR Doc. E7–19516 Filed 10–4–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 97
[EPA–R04–OAR–2007–0423–200743(a);
FRL–8475–6]
Approval of Implementation Plans;
North Carolina: Clean Air Interstate
Rule
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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Identification of plan.
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(e) * * *
(1) * * *
SUMMARY: EPA is approving revisions to
the North Carolina State
Implementation Plan (SIP) submitted by
the State of North Carolina, through the
North Carolina Department of
Environmental and Natural Resources
on August 7, 2006. These revisions
incorporate provisions related to the
implementation of EPA’s Clean Air
Interstate Rule (CAIR), promulgated on
May 12, 2005, and subsequently revised
on April 28, 2006, and December 13,
2006, and the CAIR Federal
Implementation Plan (FIP) concerning
sulfur dioxide (SO2), nitrogen oxides
(NOX) annual, and NOX ozone season
emissions for the State of North
Carolina, promulgated on April 28,
2006, and subsequently revised
December 13, 2006. EPA is not making
any changes to the CAIR FIP, but is
amending, to the extent EPA approves
North Carolina’s SIP revisions, the
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number where the
document begins].
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Additional explanation
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52.2063(c)(105).
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Revised Carbon Monoxide Maintenance Plan Base Year Emissions Inventory using MOBILE 6.
Conversion of the Carbon Monoxide
Maintenance Plan to a Limited Maintenance Plan Option.
*
appropriate appendices in the CAIR FIP
trading rules simply to note that
approval.
On July 3, 2007, North Carolina
requested that EPA only act on a portion
of the August 7, 2006, submittal as an
abbreviated SIP. Consequently, EPA is
approving the abbreviated SIP revisions
that address the methodology to be used
to allocate annual and ozone season
NOX allowances to existing and new
units under the CAIR FIPs and CAIR FIP
opt-in provisions.
DATES: This direct final rule is effective
December 4, 2007 without further
notice, unless EPA receives adverse
comment by November 5, 2007. If EPA
receives such comments, it will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2007–0423, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: ward.nacosta@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2007–
0423’’, Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Nacosta
C. Ward, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
*
*
*
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2007–
0423.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
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 through
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
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]]>Agencies
[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Rules and Regulations]
[Pages 56911-56914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19516]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0511; FRL-8476-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Carbon Monoxide Maintenance Plan Update; Limited
Maintenance Plan in Philadelphia County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
Pennsylvania State Implementation Plan (SIP) that was submitted on
March 19, 2007 by the Pennsylvania Department of the Environment. This
revision is a conversion of the currently approved full maintenance
plan for carbon monoxide for the years 2007-2017, to a maintenance plan
that will utilize a limited maintenance plan option for the same
period. This will allow Federal actions requiring conformity
determinations to be considered as automatically satisfying the budget
test for carbon monoxide. EPA is approving these revisions to the
Philadelphia County carbon monoxide maintenance plan in accordance with
the requirements of the Clean Air Act (the Act). This action is being
taken under section 110 of the Act.
DATES: This rule is effective on December 4, 2007 without further
notice, unless EPA receives adverse written comment by November 5,
2007. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0511 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-2007-0511, 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-
2007-0511. 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
[[Page 56912]]
19103. Copies of the State submittal are available at the Pennsylvania
Department of Environmental Resources Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105; and
the Department of Public Health, Air Management Services, 321
University Avenue, Philadelphia, Pennsylvania 19104.
FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814-
2174, or by e-mail at magliocchetti.catherine@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
is arranged as follows:
I. What Is the Background of This SIP Revision?
II. What Is a Limited Maintenance Plan?
III. What Does This Mean for Transportation Conformity?
IV. What Final Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews
I. What Is the Background of This SIP Revision?
On March 19, 2007, the Pennsylvania Department of Environmental
Protection submitted a SIP revision to EPA, requesting that EPA convert
the previously approved second follow-on ten year carbon monoxide
maintenance plan, covering the years 2007-2017, to a limited
maintenance plan designation.
In 1991, EPA designated part of Philadelphia County as a carbon
monoxide nonattainment area (see 56 FR 56694, 11/6/91). The
Commonwealth of Pennsylvania subsequently developed a state
implementation plan to control carbon monoxide emissions, utilizing
federal and state control measures, ultimately resulting in attainment
of the carbon monoxide National Ambient Air Quality Standard (NAAQS).
The area was redesignated to attainment, effective March 15, 1996 (61
FR 2926, 1/30/96) and the ten year maintenance plan covering the period
1997-2007 was also approved. Following this period, in accordance with
section 175A(b) of the Act, on September 3, 2004, Pennsylvania
submitted a second ten year follow-on maintenance plan, covering the
period 2007-2017, providing for continued attainment of the carbon
monoxide NAAQS in Philadelphia County. This maintenance plan, approved
by EPA (70 FR 16958, 4/4/05) and effective on June 3, 2005, established
a motor vehicle emissions budget for carbon monoxide that is considered
constraining for the purposes of determining conformity with the
approved SIP. The purpose of the latest SIP revision is to convert the
full maintenance plan to a limited maintenance plan, which will allow
for emissions budgets in the affected area to be treated as essentially
not constraining for the purposes of future transportation and general
conformity determinations.
II. What Is a Limited Maintenance Plan?
EPA detailed the limited maintenance plan option in a memorandum
entitled, ``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas,'' signed by Joseph Paisie, Group Leader,
Integrated Policy and Strategies Group, Office of Air Quality Planning
and Standards (OAQPS), dated October 6, 1995. Pursuant to this
approach, we will consider the maintenance demonstration satisfied for
``nonclassified'' areas if the monitoring data show that the design
value is at or below 7.65 parts per million (ppm), which is equal to 85
percent of the level of the 8-hour carbon monoxide NAAQS. The design
value must be based on eight consecutive quarters of data. For such
areas, there is no requirement to project emissions of air quality over
the maintenance period. We believe that if the area begins the
maintenance period at or below 85 percent of the 8-hour carbon monoxide
NAAQS, then the applicability of Prevention of Significant
Deterioration (PSD) requirements, the control measures already in the
SIP, and Federal measures, should provide adequate assurance of
maintenance over the 10-year maintenance period.
In addition, the design value for the area must continue to be at
or below 7.65 ppm until the time of the final EPA action. Current
carbon monoxide design values for Philadelphia County meet the
requirements for a limited maintenance plan. The current design value
in Philadelphia for carbon monoxide is 3.4 ppm, and recent design
values have been between one-third to less than one-half of the NAAQS
for this pollutant. Projections of ambient air quality throughout the
maintenance period conclude that the 2017 design value for carbon
monoxide would be 2.2 ppm. Accordingly, we believe this redesignated
carbon monoxide attainment area qualifies for use of a limited
maintenance plan.
Further, the EPA guidance document referenced above, sets forth the
core criteria for a limited maintenance plan. All of these criteria
were met in the full maintenance plan approved by EPA and effective
June 3, 2005 (70 FR 16958, 4/4/05), and will not be restated here, as
this action only relates to use of the limited maintenance plan option
in the context of determining conformity with the SIP.
III. What Does This Mean for Transportation Conformity?
Section 176(c) of the Act defines transportation conformity as
conformity to the SIP's purpose of eliminating or reducing the severity
and number of violations of the NAAQS and achieving expeditious
attainment of such standards. The Act further defines transportation
conformity to mean that no Federal transportation activity will: (1)
Cause or contribute to any new violation of any standard in any area,
(2) increase the frequency or severity of any existing violation of a
standard in any area; or (3) delay timely attainment of any standard in
any area. The Federal Transportation Conformity Rule, 40 CFR Part 93,
subpart A, sets forth the criteria and procedures for demonstrations
assuring conformity of transportation plans, programs and projects that
are developed, funded or approved by the U.S. Department of
Transportation, and by metropolitan planning organizations or other
recipients of funds under Title 23 U.S.C. of the Federal Transit
Administration (49 U.S.C. Chapter 53). The transportation conformity
rule applies within all nonattainment and maintenance areas. As
prescribed by the transportation conformity rule, once an area has an
applicable state implementation plan with motor vehicle emissions
budgets, the expected emissions from planned transportation activities
must be consistent with (i.e., conform to) such established budgets for
that area.
In the case of the Philadelphia County, Pennsylvania, carbon
monoxide limited maintenance plan area, however, the emissions budgets
may be treated as essentially non-constraining for the length of the
second maintenance period as long as the area continues to meet the
limited maintenance plan criteria. There is no reason to expect that
this area will experience so much growth in that period that a
violation of the carbon monoxide NAAQS would result.
Since limited maintenance plan areas are still maintenance areas
however, transportation conformity determinations are still required
for transportation plans, programs and projects. Specifically,
determinations, transportation plans, transportation improvement
programs and projects must still demonstrate that they are fiscally
constrained (40 CFR part 108) and must meet the criteria consultation
and Transportation Control Measure (TCM) implementation with the
conformity rule (40 CFR 93.112 and 40
[[Page 56913]]
CFR 93.113). In addition, projects in limited maintenance areas will
still be required to meet the criteria for carbon monoxide hot spot
analyses to satisfy ``project level'' conformity determinations (40 CFR
93.116 and 40 CFR 93.123). All aspects of transportation conformity
(with the exception of satisfying the emissions budget test) will still
be required.
If a carbon monoxide attainment area monitor records concentrations
at or above the limited maintenance eligibility criteria of 7.65 ppm,
then the maintenance area will no longer qualify for a limited
maintenance plan and will revert to a full maintenance plan. In this
event, the limited maintenance plan would remain applicable for
conformity purposes only until the full maintenance plan is submitted
and EPA has found the SIP's motor vehicle emissions budgets adequate
for conformity purposes, or EPA approves the full maintenance plan SIP
revision.
IV. What Final Action Is EPA Taking Today?
EPA is approving a SIP revision request submitted by the
Pennsylvania Department of the Environment, requesting a limited
maintenance plan option for the carbon monoxide maintenance area in
Philadelphia County. This SIP revision supplements the currently
approved carbon monoxide maintenance plan and establishes a limited
maintenance plan with an unlimited budget for regional motor vehicle
emissions for the Philadelphia County, Pennsylvania carbon monoxide
maintenance area. For future Federal actions requiring conformity
determinations under the transportation conformity rule and general
conformity rule (40 CFR Part 93), the area will be considered to
already satisfy the budget test for carbon monoxide.
We are publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on December 4, 2007 without further
notice unless EPA receives adverse comment by November 5, 2007. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it approves a state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 4, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.
This action, which approves a conversion of the Philadelphia County
carbon monoxide full maintenance plan to a limited maintenance plan
option for the purpose of satisfying future conformity determinations,
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)
[[Page 56914]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations.
Dated: September 14, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by
revising the existing entry for Carbon Monoxide Maintenance Plan
(Philadelphia County) to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Carbon Monoxide Maintenance Philadelphia 9/8/95, 10/30/ 1/30/96................... 52.2063(c)(105).
Plan. County. 95 61 FR 2982................
9/3/04 4/4/05.................... Revised Carbon
70 FR 16958............... Monoxide
Maintenance Plan
Base Year Emissions
Inventory using
MOBILE 6.
3/19/07 10/5/07 [Insert page Conversion of the
number where the document Carbon Monoxide
begins]. Maintenance Plan to
a Limited
Maintenance Plan
Option.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-19516 Filed 10-4-07; 8:45 am]
BILLING CODE 6560-50-P
