Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Mercer County Portion of the Youngstown-Warren-Sharon, OH-PA 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan and 2002 Base Year Inventory, 59213-59216 [E7-20567]
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INDIANA—OZONE (8-HOUR STANDARD)—Continued
Designation a
Classification
Designated area
Date 1
Boone County ............................................
Hamilton County ........................................
Hancock County ........................................
Hendricks County ......................................
Johnson County ........................................
Madison County ........................................
Marion County ...........................................
Morgan County ..........................................
Shelby County ...........................................
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Date 1
Type
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Type
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
*
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a Includes
1 This
*
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
*
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[FR Doc. E7–20569 Filed 10–18–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 81
[EPA–R03–OAR–2007–0344; FRL–8484–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation of the
Mercer County Portion of the
Youngstown-Warren-Sharon, OH–PA
8-Hour Ozone Nonattainment Area to
Attainment and Approval of the Area’s
Maintenance Plan and 2002 Base Year
Inventory
Effective Date: This final rule is
effective on November 19, 2007.
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0344. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environment Protection,
Bureau of Air Quality Control, P.O. Box
ADDRESSES:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The Pennsylvania
Department of Environmental Protection
(PADEP) is requesting that the Mercer
County portion of the YoungstownWarren-Sharon, OH–PA 8-hour ozone
nonattainment area (‘‘Youngstown
Area’’ or ‘‘Area’’) be redesignated as
attainment for the 8-hour ozone ambient
air quality standard (NAAQS). The Area
is comprised of Mercer County,
Pennsylvania and Trumbull, Mahoning,
and Columbiana Counties, Ohio. EPA is
approving the ozone redesignation
request for Mercer County. In a separate
rulemaking action (72 FR 32190, June
12, 2007) EPA approved the ozone
redesignation request for Trumbull,
Mahoning, and Columbiana Counties,
Ohio. In conjunction with its
redesignation request, PADEP submitted
a SIP revision consisting of a
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maintenance plan for Mercer County
that provides for continued attainment
of the 8-hour ozone NAAQS for at least
10 years after redesignation. EPA is
approving the 8-hour maintenance plan.
PADEP also submitted a 2002 base year
inventory for Mercer County which EPA
is approving. In addition, EPA is
approving the adequacy determination
for the motor vehicle emission budgets
(MVEBs) that are identified in the
Mercer County maintenance plan for
purposes of transportation conformity,
and is approving those MVEBs. EPA is
approving the redesignation request,
and the maintenance plan and the 2002
base year emissions inventory as
revisions to the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA).
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8468, 400 Market Street, Harrisburg, PA
17105.
FOR FURTHER INFORMATION CONTACT:
Amy Caprio, (215) 814–2156, or by email at caprio.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 27, 2007 (72 FR 41246), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of
Pennsylvania’s redesignation request, a
SIP revision that establishes a
maintenance plan for Mercer County
that provides for continued attainment
of the 8-hour ozone NAAQS for at least
10 years after redesignation, and a 2002
base year emissions inventory. The
formal SIP revisions were submitted by
PADEP on March 27, 2007. Other
specific requirements of Pennsylvania’s
redesignation request SIP revision for
the maintenance plan and the rationales
for EPA’s proposed actions are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
However, on December 22, 2006, the
U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA’s Phase 1
Implementation Rule for the 8-hour
Ozone Standard. (69 FR 23951, April 30,
2004). South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882
(D.C.Cir. 2006). On June 8, 2007, in
South Coast Air Quality Management
Dist. v. EPA, Docket No. 04–1201, in
response to several petitions for
rehearing, the D. C. Circuit clarified that
the Phase 1 Rule was vacated only with
regard to those parts of the rule that had
been successfully challenged. Therefore,
the Phase 1 Rule provisions related to
classifications for areas currently
classified under subpart 2 of Title I, part
D of the CAA as 8-hour nonattainment
areas, the 8-hour attainment dates and
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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 CAA, on the
contingency of an area not making
reasonable further progress toward
attainment of the 1-hour NAAQS, or for
failure to attain that NAAQS.
In addition the June 8 decision
clarified that the Court’s reference to
conformity requirements for antibacksliding purposes was limited to
requiring the continued use of 1-hour
MVEBs until 8-hour budgets were
available for 8-hour conformity
determinations, which is already
required under EPA’s conformity
regulations. The Court thus clarified
that 1-hour conformity determinations
are not required for anti-backsliding
purposes.
For the reasons set forth in the
proposal, EPA does not believe that the
Court’s rulings alter any requirements
relevant to this redesignation action so
as to preclude redesignation, and do not
prevent EPA from finalizing this
redesignation. EPA believes that the
Court’s December 22, 2006 and June 8,
2007 decisions impose no impediment
to moving forward with redesignation of
this area to attainment, because even in
light of the Court’s decisions,
redesignation is appropriate under the
relevant redesignation provisions of the
CAA and longstanding policies
regarding redesignation requests.
In its proposal, EPA proposed to find
that the area had satisfied the
requirements under the 1-hour standard
whether the 1-hour standard was
deemed to be reinstated or whether the
Court’s decision on the petition for
rehearing were modified to require
something less than compliance with all
applicable 1-hour requirements.
Because EPA proposed to find that the
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area satisfied the requirements under
either scenario, EPA is proceeding to
finalize the redesignation and to
conclude that the area met the
requirements under the 1-hour standard
applicable for purposes of redesignation
under the 8-hour standard. These
include the provisions of EPA’s antibacksliding rules, as well as the
additional anti-backsliding provisions
identified by the Court in its rulings. In
its June 8, 2007 decision the Court
limited its vacatur so as to uphold those
provisions of the anti-backsliding
requirements that were not successfully
challenged. Therefore, EPA finds that
the area has met the anti-backsliding
requirements, see 40 CFR 51.900 et seq.;
70 FR 30592, 30604 (May 26, 2005)
which apply by virtue of the area’s
classification for the 1-hour ozone
NAAQS, as well as the four additional
anti-backsliding provisions identified by
the Court, or that such requirements are
not applicable for purposes of
redesignation. In addition, with respect
to the requirement for transportation
conformity under the 1-hour standard,
the Court in its June 8 decision clarified
that for those areas with 1-hour MVEBs,
anti-backsliding requires only that those
1-hour budgets must be used for 8-hour
conformity determinations until
replaced by 8-hour budgets. To meet
this requirement, conformity
determinations in such areas must
continue to comply with the applicable
requirements of EPA’s conformity
regulations at 40 CFR Part 93. The court
clarified that 1-hour conformity
determinations are not required for antibacksliding purposes.
II. Final Action
EPA is approving the Commonwealth
of Pennsylvania’s redesignation request,
maintenance plan, and the 2002 base
year emissions inventory because the
requirements for approval have been
satisfied. EPA has evaluated
Pennsylvania’s redesignation request
that was submitted on March 27, 2007
and determined that it meets the
redesignation criteria set forth in section
107(d)(3)(E) of the CAA. EPA believes
that the redesignation request and
monitoring data demonstrate that
Mercer County has attained the 8-hour
ozone standard. The final approval of
this redesignation request will change
the designation of Mercer County from
nonattainment to attainment for the 8hour ozone standard. EPA is approving
the maintenance plan for Mercer County
submitted on March 27, 2007 as a
revision to the Pennsylvania SIP. EPA is
also approving the MVEBs submitted by
PADEP in conjunction with its
redesignation request. In addition, EPA
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is approving the 2002 base year
emissions inventory submitted by
PADEP on March 27, 2007 as a revision
to the Pennsylvania SIP. In this final
rulemaking, EPA is notifying the public
that we have found that the MVEBs for
volatile organic compounds (VOC) and
nitrogen oxides (NOX) in Mercer County
for the 8-hour ozone maintenance plan
are adequate and approved for
conformity purposes.1 As a result of our
finding, Mercer County must use the
MVEBs from the submitted 8-hour
ozone maintenance plan for future
conformity determinations. The
adequate and approved MVEBs are
provided in the following table:
ADEQUATE AND APPROVED MOTOR
VEHICLE EMISSIONS BUDGETS IN
TONS PER SUMMER DAY (TPSD)
Budget year
2009 ..................................
2018 ..................................
VOC
4.2
2.6
NOX
11.2
4.9
Mercer County is subject to the CAA’s
requirement for the basic nonattainment
areas until and unless it is redesignated
to attainment.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
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
1 EPA found the MVEBs for Trumbull, Mahoning,
and Columbiana Counties, Ohio adequate in a
Notice of Adequacy on April 18, 2007 (72 FR
19491).
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Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Rules and Regulations
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 CAA. 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 CAA. 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 CAA. 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
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 18, 2007. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action.
This action, approving the
redesignation of Mercer County to
Applicable
geographic area
*
*
8-Hour Ozone Maintenance Plan and 2002
Base Year Emissions Inventory.
*
*
Mercer County ................
*
*
*
*
List of Subjects
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).
Name of non-regulatory SIP revision
State
submittal date
03/27/07
3. The authority citation for Part 81
continues to read as follows:
I
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution Control, National Parks,
Wilderness Areas.
Dated: October 10, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
40 CFR parts 52 and 81 are amended
as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry to
the end of the table to read as follows:
I
52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
Additional
explanation
*
*
10/19/07 [Insert page
number where the document begins].
4. In § 81.339, the table entitled
‘‘Pennsylvania—Ozone (8-Hour
Standard)’’ is amended by revising the
entry for the Youngstown-WarrenI
PART 81—[AMENDED]
40 CFR Part 52
EPA
approval date
Authority: 42 U.S.C. 7401 et seq.
*
attainment for the 8-hour ozone
NAAQS, the associated maintenance
plan, the 2002 base year emission
inventory, and the MVEBs identified in
the maintenance plan, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
*
Sharon, OH–PA: Mercer County to read
as follows:
§ 81.339
*
*
Pennsylvania.
*
*
*
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PENNSYLVANIA—OZONE (8-HOUR STANDARD)
Designationa
Category/Classification
Designated Area
Date 1
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PENNSYLVANIA—OZONE (8-HOUR STANDARD)—Continued
Category/Classification
Designationa
Designated Area
Date 1
*
*
Youngstown-Warren-Sharon, OH–PA Area:
Mercer County ...........................................
*
*
Date 1
Type
*
*
11/19/07
Type
*
*
*
*
*
*
Attainment
*
*
a Includes
Indian County located in each county or area, except otherwise noted.
1 This date is June 15, 2004, unless otherwise noted.
*
*
*
*
*
[FR Doc. E7–20567 Filed 10–18–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 229
[Docket No. FRA–2006–26174; Notice No.
2]
RIN 2130–AB83
Locomotive Safety Standards; Sanders
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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AGENCY:
SUMMARY: FRA is revising the existing
requirements related to sanders on
locomotives. This rule modifies the
existing regulations by permitting
additional flexibility in the use of
locomotives with inoperative sanders.
The rule provides railroads the ability to
better utilize their locomotive fleets
while ensuring that locomotives are
equipped with operative sanders in
situations where they provide the most
benefit from a safety and operational
perspective. The rule also makes the
regulations related to operative sanders
more consistent with existing Canadian
standards related to the devices.
DATES: This final rule is effective
December 18, 2007; petitions for
reconsideration must be received on or
before December 18, 2007. Petitions
received after that date will be
considered to the extent possible
without incurring additional expense or
delay.
ADDRESSES: Petitions for
reconsideration: Any petitions for
reconsideration related to Docket No.
FRA–2006–24838, may be submitted by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
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16:59 Oct 18, 2007
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• Fax: 202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave., SE., W12–140, Washington, DC
20590 between 9 a.m. and 5 p.m.
Monday through Friday, except Federal
holidays.
• Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this rulemaking. Note
that all comments received will be
posted without change to https://
www.regulations.gov including any
personal information. Please see the
Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of
this document for Privacy Act
information related to any submitted
comments or materials.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov at any time or to
1200 New Jersey Ave., SE., W12–140,
Washington, DC 20590 between 9 a.m.
and 5 p.m. Monday through Friday,
except Federal Holidays.
FOR FURTHER INFORMATION CONTACT:
George Scerbo, Office of Safety
Assurance and Compliance, Motive
Power & Equipment Division, RRS–14,
Mail Stop 25, Federal Railroad
Administration, 1120 Vermont Avenue,
NW., Washington, DC 20590 (telephone
202–493–6247), or Michael Masci, Trial
Attorney, Office of Chief Counsel, Mail
Stop 10, Federal Railroad
Administration, 1120 Vermont Avenue,
NW., Washington, DC 20590 (telephone
202–493–6037).
SUPPLEMENTARY INFORMATION:
I. Statutory and Regulatory Background
FRA has broad statutory authority to
regulate railroad safety. The Locomotive
Inspection Act (formerly 45 U.S.C. 22–
34, now 49 U.S.C. 20701–20703) was
enacted in 1911. It prohibits the use of
unsafe locomotives and authorizes FRA
to issue standards for locomotive
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maintenance and testing. In order to
further FRA’s ability to respond
effectively to contemporary safety
problems and hazards as they arise in
the railroad industry, Congress enacted
the Federal Railroad Safety Act of 1970
(Safety Act) (formerly 45 U.S.C. 421, 431
et seq., now found primarily in chapter
201 of Title 49). The Safety Act grants
the Secretary of Transportation
rulemaking authority over all areas of
railroad safety (49 U.S.C. 20103(a)) and
confers powers necessary to detect and
penalize violations of any rail safety
law. This authority was subsequently
delegated to the FRA Administrator (49
CFR 1.49) (Until July 5, 1994, the
Federal railroad safety statutes existed
as separate acts found primarily in title
45 of the United States Code. On that
date, all of the acts were repealed, and
their provisions were recodified into
title 49).
Pursuant to its general statutory
rulemaking authority, FRA promulgates
and enforces rules as part of a
comprehensive regulatory program to
address the safety of railroad track,
signal systems, communications, rolling
stock, operating practices, passenger
train emergency preparedness, alcohol
and drug testing, locomotive engineer
certification, and workplace safety. In
the area of locomotive safety, FRA has
issued regulations, found at 49 CFR part
229 (‘‘part 229’’), addressing topics such
as inspections and tests, safety
requirements for brake, draft,
suspension, and electrical systems, and
cabs and cab equipment. All references
to parts and sections in this document
shall be to parts and sections located in
Title 49 of the Code of Federal
Regulations. FRA continually reviews
its regulations and revises them as
needed to keep up with emerging
technology.
On July 12, 2004, the Association of
American Railroads (AAR), on behalf of
itself and its member railroads,
petitioned the FRA to delete the
requirement as contained in 49 CFR
229.131. The petition and supporting
documentation asserted that contrary to
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]]>Agencies
[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Rules and Regulations]
[Pages 59213-59216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20567]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 81
[EPA-R03-OAR-2007-0344; FRL-8484-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Mercer County Portion of the
Youngstown-Warren-Sharon, OH-PA 8-Hour Ozone Nonattainment Area to
Attainment and Approval of the Area's Maintenance Plan and 2002 Base
Year Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The Pennsylvania
Department of Environmental Protection (PADEP) is requesting that the
Mercer County portion of the Youngstown-Warren-Sharon, OH-PA 8-hour
ozone nonattainment area (``Youngstown Area'' or ``Area'') be
redesignated as attainment for the 8-hour ozone ambient air quality
standard (NAAQS). The Area is comprised of Mercer County, Pennsylvania
and Trumbull, Mahoning, and Columbiana Counties, Ohio. EPA is approving
the ozone redesignation request for Mercer County. In a separate
rulemaking action (72 FR 32190, June 12, 2007) EPA approved the ozone
redesignation request for Trumbull, Mahoning, and Columbiana Counties,
Ohio. In conjunction with its redesignation request, PADEP submitted a
SIP revision consisting of a maintenance plan for Mercer County that
provides for continued attainment of the 8-hour ozone NAAQS for at
least 10 years after redesignation. EPA is approving the 8-hour
maintenance plan. PADEP also submitted a 2002 base year inventory for
Mercer County which EPA is approving. In addition, EPA is approving the
adequacy determination for the motor vehicle emission budgets (MVEBs)
that are identified in the Mercer County maintenance plan for purposes
of transportation conformity, and is approving those MVEBs. EPA is
approving the redesignation request, and the maintenance plan and the
2002 base year emissions inventory as revisions to the Pennsylvania SIP
in accordance with the requirements of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on November 19,
2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0344. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environment
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, PA 17105.
FOR FURTHER INFORMATION CONTACT: Amy Caprio, (215) 814-2156, or by e-
mail at caprio.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 27, 2007 (72 FR 41246), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval of Pennsylvania's redesignation request, a SIP revision that
establishes a maintenance plan for Mercer County that provides for
continued attainment of the 8-hour ozone NAAQS for at least 10 years
after redesignation, and a 2002 base year emissions inventory. The
formal SIP revisions were submitted by PADEP on March 27, 2007. Other
specific requirements of Pennsylvania's redesignation request SIP
revision for the maintenance plan and the rationales for EPA's proposed
actions are explained in the NPR and will not be restated here. No
public comments were received on the NPR.
However, on December 22, 2006, the U.S. Court of Appeals for the
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard. (69 FR 23951, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C.Cir.
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v.
EPA, Docket No. 04-1201, in response to several petitions for
rehearing, the D. C. Circuit clarified that the Phase 1 Rule was
vacated only with regard to those parts of the rule that had been
successfully challenged. Therefore, the Phase 1 Rule provisions related
to classifications for areas currently classified under subpart 2 of
Title I, part D of the CAA as 8-hour nonattainment areas, the 8-hour
attainment dates and
[[Page 59214]]
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 CAA, on
the contingency of an area not making reasonable further progress
toward attainment of the 1-hour NAAQS, or for failure to attain that
NAAQS.
In addition the June 8 decision clarified that the Court's
reference to conformity requirements for anti-backsliding purposes was
limited to requiring the continued use of 1-hour MVEBs until 8-hour
budgets were available for 8-hour conformity determinations, which is
already required under EPA's conformity regulations. The Court thus
clarified that 1-hour conformity determinations are not required for
anti-backsliding purposes.
For the reasons set forth in the proposal, EPA does not believe
that the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006 and June 8, 2007 decisions impose no
impediment to moving forward with redesignation of this area to
attainment, because even in light of the Court's decisions,
redesignation is appropriate under the relevant redesignation
provisions of the CAA and longstanding policies regarding redesignation
requests.
In its proposal, EPA proposed to find that the area had satisfied
the requirements under the 1-hour standard whether the 1-hour standard
was deemed to be reinstated or whether the Court's decision on the
petition for rehearing were modified to require something less than
compliance with all applicable 1-hour requirements. Because EPA
proposed to find that the area satisfied the requirements under either
scenario, EPA is proceeding to finalize the redesignation and to
conclude that the area met the requirements under the 1-hour standard
applicable for purposes of redesignation under the 8-hour standard.
These include the provisions of EPA's anti-backsliding rules, as well
as the additional anti-backsliding provisions identified by the Court
in its rulings. In its June 8, 2007 decision the Court limited its
vacatur so as to uphold those provisions of the anti-backsliding
requirements that were not successfully challenged. Therefore, EPA
finds that the area has met the anti-backsliding requirements, see 40
CFR 51.900 et seq.; 70 FR 30592, 30604 (May 26, 2005) which apply by
virtue of the area's classification for the 1-hour ozone NAAQS, as well
as the four additional anti-backsliding provisions identified by the
Court, or that such requirements are not applicable for purposes of
redesignation. In addition, with respect to the requirement for
transportation conformity under the 1-hour standard, the Court in its
June 8 decision clarified that for those areas with 1-hour MVEBs, anti-
backsliding requires only that those 1-hour budgets must be used for 8-
hour conformity determinations until replaced by 8-hour budgets. To
meet this requirement, conformity determinations in such areas must
continue to comply with the applicable requirements of EPA's conformity
regulations at 40 CFR Part 93. The court clarified that 1-hour
conformity determinations are not required for anti-backsliding
purposes.
II. Final Action
EPA is approving the Commonwealth of Pennsylvania's redesignation
request, maintenance plan, and the 2002 base year emissions inventory
because the requirements for approval have been satisfied. EPA has
evaluated Pennsylvania's redesignation request that was submitted on
March 27, 2007 and determined that it meets the redesignation criteria
set forth in section 107(d)(3)(E) of the CAA. EPA believes that the
redesignation request and monitoring data demonstrate that Mercer
County has attained the 8-hour ozone standard. The final approval of
this redesignation request will change the designation of Mercer County
from nonattainment to attainment for the 8-hour ozone standard. EPA is
approving the maintenance plan for Mercer County submitted on March 27,
2007 as a revision to the Pennsylvania SIP. EPA is also approving the
MVEBs submitted by PADEP in conjunction with its redesignation request.
In addition, EPA is approving the 2002 base year emissions inventory
submitted by PADEP on March 27, 2007 as a revision to the Pennsylvania
SIP. In this final rulemaking, EPA is notifying the public that we have
found that the MVEBs for volatile organic compounds (VOC) and nitrogen
oxides (NOX) in Mercer County for the 8-hour ozone
maintenance plan are adequate and approved for conformity purposes.\1\
As a result of our finding, Mercer County must use the MVEBs from the
submitted 8-hour ozone maintenance plan for future conformity
determinations. The adequate and approved MVEBs are provided in the
following table:
---------------------------------------------------------------------------
\1\ EPA found the MVEBs for Trumbull, Mahoning, and Columbiana
Counties, Ohio adequate in a Notice of Adequacy on April 18, 2007
(72 FR 19491).
Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Summer
Day (tpsd)
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2009.................................................. 4.2 11.2
2018.................................................. 2.6 4.9
------------------------------------------------------------------------
Mercer County is subject to the CAA's requirement for the basic
nonattainment areas until and unless it is redesignated to attainment.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For 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
[[Page 59215]]
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 CAA. 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 CAA. 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 CAA. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 18, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action, approving the redesignation of Mercer County to
attainment for the 8-hour ozone NAAQS, the associated maintenance plan,
the 2002 base year emission inventory, and the MVEBs identified in the
maintenance plan, may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 81
Air pollution Control, National Parks, Wilderness Areas.
Dated: October 10, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
0
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
an entry to the end of the table to read as follows:
52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Maintenance Plan and Mercer County...... 03/27/07 10/19/07 [Insert
2002 Base Year Emissions page number where
Inventory. the document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 81--[AMENDED]
0
3. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.339, the table entitled ``Pennsylvania--Ozone (8-Hour
Standard)'' is amended by revising the entry for the Youngstown-Warren-
Sharon, OH-PA: Mercer County to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designationa Category/Classification
Designated Area ------------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 59216]]
* * * * * * *
Youngstown-Warren-Sharon, OH-PA
Area:
Mercer County.............. 11/19/07 Attainment
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. E7-20567 Filed 10-18-07; 8:45 am]
BILLING CODE 6560-50-P
