Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Allentown-Bethlehem-Easton 8-hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan and 2002 Base-Year Inventory, 1162-1175 [E8-27]
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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
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Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
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Neva R. Watson,
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[FR Doc. E7–25635 Filed 1–4–08; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2007–0606; FRL–8513–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation of the
Allentown-Bethlehem-Easton 8-hour
Ozone Nonattainment Area to
Attainment and Approval of the
Maintenance Plan and 2002 Base-Year
Inventory
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
jlentini on PROD1PC65 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing to approve
a redesignation request and State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The Pennsylvania
Department of Environmental Protection
(PADEP) is requesting that the
Allentown-Bethlehem-Easton ozone
nonattainment Area (referred to also as
the ‘‘Allentown Area’’ or ‘‘Area’’) be
redesignated as attainment for the 8hour ozone national ambient air quality
standard (NAAQS). The Allentown Area
is comprised of Carbon, Lehigh, and
Northampton Counties. EPA is
proposing to approve the ozone
redesignation request for the Allentown
Area. In conjunction with its
redesignation request, the
Commonwealth submitted a SIP
revision consisting of a maintenance
plan for the Allentown Area that
provides for continued attainment of the
8-hour ozone NAAQS for at least 10
years after redesignation. EPA is
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proposing to make a determination that
the Allentown Area has attained the 8hour ozone NAAQS, based upon three
years of complete, quality-assured
ambient air quality monitoring data for
2004–2006. EPA’s proposed approval of
the 8-hour ozone redesignation request
is based on its determination that the
Allentown Area has met the criteria for
redesignation to attainment specified in
the Clean Air Act (‘‘the Act’’). In
addition, the Commonwealth of
Pennsylvania has also submitted a 2002
base-year inventory for the Allentown
Area, and EPA is proposing to approve
that inventory for the Area as a SIP
revision. EPA is also providing
information on the status of its
adequacy determination for the motor
vehicle emission budgets (MVEBs) that
are identified in the maintenance plan
for the Allentown Area for purposes of
transportation conformity, and is
proposing to approve those MVEBs.
EPA is proposing approval of the
redesignation request, the maintenance
plan, and 2002 base-year inventory SIP
revisions in accordance with the
requirements of the Act.
DATES: Written comments must be
received on or before February 6, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2007–0606 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2007–0606,
Cristina Fernandez, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2007–
0606. 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 information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
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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 email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental Protection
Bureau of Air Quality Control, P.O. Box
8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, (215) 814–2176, or by email at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. What Are the Clean Air Actions EPA Is
Proposing to Take?
II. What Is the Background for These
Proposed Actions?
III. What Are the Criteria for Redesignation
to Attainment?
IV. Why Is EPA Taking These Actions?
V. What Would Be the Effect of These
Actions?
VI. What Is EPA’s Analysis of the
Commonwealth’s Request?
VII. Are the Motor Vehicle Emissions
Budgets Established and Identified in the
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Maintenance Plan for the AllentownBethlehem-Easton Area Plan Adequate
and Approvable?
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews
I. What Are the Clean Air Actions EPA
Is Proposing to Take?
On June 26, 2007, the PADEP formally
submitted a request to redesignate the
Allentown Area from nonattainment to
attainment of the 8-hour NAAQS for
ozone. Concurrently, Pennsylvania
submitted a maintenance plan for the
Allentown Area as a SIP revision to
ensure continued attainment in the Area
over the next 11 years. PADEP also
submitted a 2002 base-year inventory
for the Allentown Area as a SIP
revision. On August 9, 2007, PADEP
submitted a technical correction to the
emission inventory to submit inventory
support documents that were omitted
from the June 26, 2007 SIP submittal.
The Allentown Area is comprised of
Carbon, Lehigh, and Northampton
Counties. It is currently designated a
basic 8-hour ozone nonattainment area.
EPA is proposing to determine that the
Allentown Area has attained the 8-hour
ozone NAAQS and that it has met the
requirements for redesignation pursuant
to section 107(d)(3)(E) of the Clean Air
Act. EPA is, therefore, proposing to
approve the redesignation request to
change the designation of the Allentown
Area from nonattainment to attainment
for the 8-hour ozone NAAQS. EPA is
also proposing to approve the
Allentown maintenance plan as a SIP
revision for the Area (such approval
being one of the Act criteria for
redesignation to attainment status). The
maintenance plan is designed to ensure
continued attainment in the Allentown
Area for the next 11 years. EPA is also
proposing to approve the 2002 base-year
inventory for the Allentown Area as a
SIP revision. Additionally, EPA is
announcing its action on the adequacy
process for the MVEBs identified in the
Allentown maintenance plan, and
proposing to approve the MVEBs
identified for volatile organic
compounds (VOCs) and nitrogen oxides
(NOX) for the Area for transportation
conformity purposes.
jlentini on PROD1PC65 with PROPOSALS
II. What Is the Background for These
Proposed Actions?
A. General
Ground-level ozone is not emitted
directly by sources. Rather, emissions of
NOX and VOC react in the presence of
sunlight to form ground-level ozone.
The air pollutants NOX and VOC are
referred to as precursors of ozone. The
Clean Air Act establishes a process for
air quality management through the
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attainment and maintenance of the
NAAQS.
On July 18, 1997, EPA promulgated a
revised 8-hour ozone standard of 0.08
parts per million (ppm). This new
standard is more stringent than the
previous 1-hour standard. EPA
designated, as nonattainment, any area
violating the 8-hour ozone NAAQS
based on the air quality data for the
three years of 2001–2003. These were
the most recent three years of data at the
time EPA designated 8-hour areas. The
Allentown Area was designated a basic
8-hour ozone nonattainment area in a
Federal Register notice signed on April
15, 2004 and published on April 30,
2004 (69 FR 23857), based on its
exceedance of the 8-hour health-based
standard for ozone during the years
2001–2003.
On April 30, 2004, EPA issued a final
rule (69 FR 23951, 23996) to revoke the
1-hour ozone NAAQS in the Allentown
Area (as well as most other areas of the
country), effective June 15, 2005. See 40
CFR 50.9(b); 69 FR at 23996 (April 30,
2004); 70 FR 44470 (August 3, 2005).
However, on December 22, 2006, the
U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA’s Phase 1
Implementation Rule for the 8-hour
Ozone Standard. (69 FR 23951, April 30,
2004). South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882
(DC Cir. 2006) (hereafter ‘‘South
Coast’’). On June 8, 2007, in South Coast
Air Quality Management Dist. v. EPA,
Docket No. 04–1201, in response to
several petitions for rehearing, the DC
Circuit clarified that the Phase 1 Rule
was vacated only with regard to those
parts of the rule that had been
successfully challenged. Therefore, the
Phase 1 Rule provisions related to
classifications for areas currently
classified under subpart 2 of Title I, part
D of the Act as 8-hour nonattainment
areas, the 8-hour attainment dates and
the timing for emissions reductions
needed for attainment of the 8-hour
ozone NAAQS remain effective. The
June 8 decision left intact the Court’s
rejection of EPA’s reasons for
implementing the 8-hour standard in
certain nonattainment areas under
Subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand
EPA’s revocation of the 1-hour standard
and those anti-backsliding provisions of
the Phase 1 Rule that had not been
successfully challenged. The June 8
decision reaffirmed the December 22,
2006 decision that EPA had improperly
failed to retain measures required for 1hour nonattainment areas under the
anti-backsliding provisions of the
regulations: (1) Nonattainment area New
Source Review (NSR) requirements
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1163
based on an area’s 1-hour nonattainment
classification; (2) Section 185 penalty
fees for 1-hour severe or extreme
nonattainment areas; and (3) measures
to be implemented pursuant to section
172(c)(9) or 182(c)(9) of the Act, on the
contingency of an area not making
reasonable further progress toward
attainment of the 1-hour NAAQS, or for
failure to attain that NAAQS. In
addition, the June 8 decision clarified
that the Court’s reference to conformity
requirements for anti-backsliding
purposes was limited to requiring the
continued use of 1-hour motor vehicle
emissions budgets until 8-hour budgets
were available for 8-hour conformity
determinations, which is already
required under EPA’s conformity
regulations. The Court thus clarified
that 1-hour conformity determinations
are not required for anti-backsliding
purposes. Elsewhere in this document,
mainly in section VI. B. ‘‘The
Allentown-Bethlehem-Easton Area Has
Met All Applicable Requirements Under
Section 110 and Part D of the Clean Air
Act and has a Fully Approved SIP
Under Section 110(k) of the Act’’, EPA
discusses its rationale why the decision
in South Coast is not an impediment to
redesignating the Allentown Area to
attainment of the 8-hour ozone NAAQS.
The Clean Air Act, title I, Part D,
contains two sets of provisions—subpart
1 and subpart 2—that address planning
and control requirements for
nonattainment areas. Subpart 1 (which
EPA refers to as ‘‘basic’’ nonattainment)
contains general, less prescriptive
requirements for nonattainment areas
for any pollutant—including ozone—
governed by a NAAQS. Subpart 2
(which EPA refers to as ‘‘classified’’
nonattainment) provides more specific
requirements for ozone nonattainment
areas. In 2004, the Allentown Area was
classified a basic 8-hour ozone
nonattainment area based on air quality
monitoring data from 2001–2003.
Therefore, the Area is subject to the
requirements of subpart 1 of Part D.
Under 40 CFR part 50, the 8-hour
ozone standard is attained when the 3year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone concentration
is less than or equal to 0.08 ppm (i.e.,
0.084 ppm when rounding is
considered). See 69 FR 23857 (April 30,
2004) for further information. Ambient
air quality monitoring data for the 3year period must meet data
completeness requirements. The data
completeness requirements are met
when the average percent of days with
valid ambient monitoring data is greater
than 90 percent, and no single year has
less than 75 percent data completeness
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as determined in Appendix I of 40 CFR
part 50. The ozone monitoring data
indicates that the Allentown Area has a
design value of 0.084 ppm for the 3-year
period of 2004–2006, using complete,
quality-assured data. Therefore, the
ambient ozone data for the Allentown
Area indicates no violations of the 8hour ozone standard.
jlentini on PROD1PC65 with PROPOSALS
B. The Allentown-Bethlehem-Easton
Area
The Allentown Area consists of
Carbon, Lehigh, and Northampton
Counties in Pennsylvania. Prior to its
designation as an 8-hour ozone
nonattainment area, the Allentown Area
was a marginal 1-hour ozone
nonattainment area. Therefore, the
Allentown Area was subject to
requirements for marginal
nonattainment areas pursuant to section
182(a) of the Act. See 56 FR 56694
(November 6, 1991). EPA determined
that the Allentown 1-hour ozone
nonattainment Area had attained the 1hour ozone NAAQS by the November
15, 1993 attainment date (60 FR 3349,
January 17, 1995).
On June 26, 2007, the PADEP
requested that the Allentown Area be
redesignated to attainment for the 8hour ozone standard. The redesignation
request included 3 years of complete,
quality-assured data for the period of
2004–2006, indicating that the 8-hour
NAAQS for ozone had been achieved in
the Area. The data satisfies the Act
requirements that the 3-year average of
the annual fourth-highest daily
maximum 8-hour average ozone
concentration (commonly referred to as
the area’s design value), must be less
than or equal to 0.08 ppm (i.e., 0.084
ppm when rounding is considered).
Under the Act, a nonattainment area
may be redesignated if sufficient
complete, quality-assured data is
available to determine that the area
attained the standard and the area meets
the redesignation requirements set forth
in section 107(d)(3)(E) of the Act.
III. What Are the Criteria for
Redesignation to Attainment?
The Clean Air Act provides the
requirements for redesignating a
nonattainment area to attainment.
Specifically, section 107(d)(3)(E) allows
for redesignation, providing that:
(1) EPA determines that the area has
attained the applicable NAAQS;
(2) EPA has fully approved the
applicable implementation plan for the
area under section 110(k);
(3) EPA determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
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18:51 Jan 04, 2008
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implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions;
(4) EPA has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A; and
(5) The State containing such area has
met all requirements applicable to the
area under section 110 and Part D.
EPA provided guidance on
redesignations in the General Preamble
for the Implementation of Title I of the
Clean Air Act, on April 16, 1992 (57 FR
13498), and supplemented this guidance
on April 28, 1992 (57 FR 18070). EPA
has provided further guidance on
processing redesignation requests in the
following documents:
• ‘‘Ozone and Carbon Monoxide
Design Value Calculations,’’
Memorandum from Bill Laxton, June,
18, 1990;
• ‘‘Maintenance Plans for
Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
• ‘‘Contingency Measures for Ozone
and Carbon Monoxide (CO)
Redesignations,’’ Memorandum from
G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1,
1992;
• ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment,’’ Memorandum from John
Calcagni, Director, Air Quality
Management Division, September 4,
1992;
• ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (Act) Deadlines,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division, October
28, 1992;
• ‘‘Technical Support Documents
(TSDs) for Redesignation Ozone and
Carbon Monoxide (CO) Nonattainment
Areas,’’ Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide
Programs Branch, August 17, 1993;
• ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) on or after
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator for Air and
Radiation, September 17, 1993;
• Memorandum from D. Kent Berry,
Acting Director, Air Quality
Management Division, to Air Division
Directors, Regions 1–10, ‘‘Use of Actual
Emissions in Maintenance
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Demonstrations for Ozone and CO
Nonattainment Areas,’’ dated November
30, 1993;
• ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas
Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
Air and Radiation, October 14, 1994;
and
• ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National
Ambient Air Quality Standard,’’
Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, May 10, 1995.
IV. Why Is EPA Taking These Actions?
On June 26, 2007, the PADEP
requested redesignation of the
Allentown Area to attainment for the 8hour ozone standard. Simultaneously,
PADEP submitted a maintenance plan
for the Allentown Area as a SIP
revision, to ensure continued attainment
of the 8-hour ozone NAAQS over the
next 11 years, until 2018. PADEP also
submitted a 2002 base-year inventory
concurrently with its maintenance plan
as a SIP revision. On August 9, 2007,
PADEP submitted a technical correction
SIP revision to submit emission
inventory support documents that were
omitted from the June 26, 2007 SIP
submittal. EPA has determined that the
Allentown Area has attained the 8-hour
ozone standard and has met the
requirements for redesignation set forth
in section 107(d)(3)(E).
V. What Would Be the Effect of These
Actions?
Approval of the redesignation request
would change the official designation of
the Allentown Area from nonattainment
to attainment for the 8-hour ozone
NAAQS found at 40 CFR part 81. It
would also incorporate into the
Pennsylvania SIP a 2002 base-year
inventory and a maintenance plan
ensuring continued attainment of the 8hour ozone NAAQS in the Allentown
Area for the next 11 years, until 2018.
The maintenance plan includes
contingency measures to remedy any
future violations of the 8-hour NAAQS
(should they occur), and identifies the
NOX and VOC MVEBs for transportation
conformity purposes for the years 2009
and 2018.
Transportation agencies, working in
conjunction with Metropolitan Planning
Organizations (MPOs) are responsible
for making timely transportation
conformity determinations. There are
two separate MPOs responsible for
transportation planning within the
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which is the 3-year average of the
fourth-highest daily maximum 8-hour
average ozone concentrations measured
at each monitor, within the area, over
each year must not exceed the ozone
[(Carbon County portion of the Area), in Tons standard of 0.08 ppm. Based on the
per Summer Day (tpsd)]
rounding convention described in 40
CFR part 50, Appendix I, the standard
Year
VOC
NOX
is attained if the design value is 0.084
2009 ..........................
3.4
5.9 ppm or below. The data must be
2018 ..........................
2.3
3.0 collected and quality-assured in
accordance with 40 CFR part 58, and
VI. What Is EPA’s Analysis of the
recorded in the Air Quality System
Commonwealth’s Request?
(AQS). The monitors generally should
have remained at the same location for
EPA is proposing to determine that
the duration of the monitoring period
the Allentown Area has attained the 8required for demonstrating attainment.
hour ozone standard, and that all other
In the Allentown Area, there were
redesignation criteria have been met.
TABLE 1A—ALLENTOWN-BETHLEHEM- The following is a description of how
three ozone monitors that measured
ambient ozone air quality between 2004
EASTON MOTOR VEHICLE EMISSIONS the PADEP’s June 26, 2007 submittal
and 2006. One of these monitors is
BUDGETS LEHIGH VALLEY TRANS- satisfies the requirements of section
located in Lehigh County and two are in
107(d)(3)(E) of the Act.
PORTATION STUDY MPO
Northampton County. As part of its
[(Lehigh and Northampton Counties portion of A. The Allentown Area Has Attained the
redesignation request, Pennsylvania
the Area), in Tons per Summer Day (tpsd)]
8-Hour NAAQS
referenced ozone monitoring data for
EPA is proposing to determine that
the years 2004–2006 for the Allentown
Year
VOC
NOX
the Allentown Area has attained the 8Area. This data has been quality assured
and is recorded in the AQS. The PADEP
2009 ..........................
20.6
28.9 hour ozone NAAQS. For ozone, an area
2018 ..........................
12.4
12.4 may be considered to be attaining the 8uses the AQS as the permanent database
hour ozone NAAQS if there are no
to maintain its data and quality assures
violations, as determined in accordance the data transfers and content for
with 40 CFR 50.10 and Appendix I of
accuracy. The fourth-high 8-hour daily
Part 50, based on three complete,
maximum concentrations for the period
consecutive calendar years of qualityfrom 2004–2006, along with the threeassured air quality monitoring data. To
year average, are summarized in Table
attain this standard, the design value,
2.
Allentown Area. They are the Lehigh
Valley Transportation Study (for Lehigh
and Northampton Counties), and the
Northeastern Pennsylvania Alliance
(NEPA) (for Carbon County).
Pennsylvania has established separate
motor vehicle emission budgets for each
MPO for their respective portion of the
Allentown Area. EPA’s transportation
conformity regulations (40 CFR
93.124(d)) allow a SIP to establish subregional motor vehicle emission budgets
for each MPO within a nonattainment
area if it contains more than one MPO.
These MVEBs are displayed in the
following table:
TABLE 1B—ALLENTOWN-BETHLEHEMEASTON MOTOR VEHICLE EMISSIONS
BUDGETS NORTHEAST PENNSYLVANIA ALLIANCE MPO
TABLE 2.—ALLENTOWN-BETHLEHEM-EASTON AREA FOURTH HIGHEST 8-HOUR AVERAGE VALUES
[2004–2006]
Annual 4th highest reading
(ppm)
Monitor/county/AIRS ID
2004
Allentown Monitor, Lehigh County, AQS ID 42–077–0004 .............................................
Freemansburg Monitor, Northampton County AQS ID 42–095–0025 ............................
Easton 2 Monitor, Northampton County AQS ID 42–095–8000 .....................................
2005
0.083
0.088
0.083
0.086
0.086
0.080
Average 4th highest reading (ppm)
2006
0.080
0.078
0.078
2004–2006
0.083
0.084
0.080
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The Area design value for the 3-year period 2004–2006 is 0.084 ppm (based on the Freemansburg Monitor/AQS ID 42–095–0025)
The air quality data for 2004–2006
show that the Allentown Area has
attained the standard with a design
value of 0.084 ppm. The data collected
at the three Allentown Area monitors
satisfies the Act requirement that the 3year average of the annual fourthhighest daily maximum 8-hour average
ozone concentration is below the
maximum design value of 0.085 ppm.
The PADEP’s request for redesignation
for the Allentown Area indicates that
the data is complete and was quality
assured in accordance with 40 CFR part
58. In addition, as discussed below with
respect to the maintenance plan, PADEP
has committed to continue monitoring
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in accordance with 40 CFR part 58. In
summary, EPA has determined that the
data submitted by Pennsylvania and
data taken from AQS indicate that the
Allentown Area has attained the 8-hour
ozone NAAQS.
B. The Allentown-Bethlehem-Easton
Area Has Met All Applicable
Requirements Under Section 110 and
Part D of the Clean Air Act and Has a
Fully Approved SIP Under Section
110(k) of the Act
EPA has determined that the
Allentown Area has met all SIP
requirements applicable for purposes of
this redesignation under section 110 of
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the Act (General SIP Requirements) and
that it meets all applicable SIP
requirements under Part D of Title I of
the Act, in accordance with section
107(d)(3)(E)(v). In addition, EPA has
determined that the SIP is fully
approvable with respect to all
requirements applicable for purposes of
redesignation in accordance with
section 107(d)(3)(E)(ii). In making these
proposed determinations, EPA
ascertained which requirements are
applicable to the Allentown Area and
determined that the applicable portions
of the SIP meeting these requirements
are fully approved under section 110(k)
of the Act. We note that SIPs must be
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fully approved only with respect to
applicable requirements.
The September 4, 1992 Calcagni
memorandum (‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division,
September 4, 1992) describes EPA’s
interpretation of section 107(d)(3)(E)
with respect to the timing of applicable
requirements. Under this interpretation,
to qualify for redesignation, States
requesting redesignation to attainment
must meet only the relevant Clean Air
Act requirements that came due prior to
the submittal of a complete
redesignation request. See also, Michael
Shapiro memorandum, September 17,
1993, and 60 FR 12459, 12465–12466
(March 7, 1995) (redesignation of
Detroit-Ann Arbor). Applicable
requirements of the Act that come due
subsequent to the area’s submittal of a
complete redesignation request remain
applicable until a redesignation is
approved, but are not required as a
prerequisite to redesignation. Section
175A(c) of the Act. Sierra Club v. EPA,
375 F.3d 537 (7th Cir. 2004). See also,
68 FR at 25424, 25427 (May 12, 2003)
(redesignation of St. Louis).
This section sets forth EPA’s views on
the potential effect of the Court’s rulings
on this proposed redesignation action.
For the reasons set forth below, EPA
does not believe that the Court’s rulings
alters any requirements relevant to this
redesignation action so as to preclude
redesignation, and do not prevent EPA
from proposing or ultimately finalizing
this redesignation. EPA believes that the
Court’s December 22, 2006 and June 8,
2007 decisions impose no impediment
to moving forward with redesignation of
this area to attainment, because even in
light of the Court’s decisions,
redesignation is appropriate under the
relevant redesignation provisions of the
Act and longstanding policies regarding
redesignation requests.
jlentini on PROD1PC65 with PROPOSALS
1. Section 110 General SIP
Requirements
Section 110(a)(2) of Title I of the Act
delineates the general requirements for
a SIP, which includes enforceable
emissions limitations and other control
measures, means, or techniques,
provisions for the establishment and
operation of appropriate devices
necessary to collect data on ambient air
quality, and programs to enforce the
limitations. The general SIP elements
and requirements set forth in section
110(a)(2) include, but are not limited to
the following:
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• Submittal of a SIP that has been
adopted by the State after reasonable
public notice and hearing;
• Provisions for establishment and
operation of appropriate procedures
needed to monitor ambient air quality;
• Implementation of a source permit
program; provisions for the
implementation of part C requirements
(Prevention of Significant Deterioration
(PSD));
• Provisions for the implementation
of Part D requirements for New Source
Review (NSR) permit programs;
• Provisions for air pollution
modeling; and
• Provisions for public and local
agency participation in planning and
emission control rule development.
Section 110(a)(2)(D) requires that SIPs
contain certain measures to prevent
sources in a state from significantly
contributing to air quality problems in
another State. To implement this
provision, EPA has required certain
states to establish programs to address
transport of air pollutants in accordance
with the NOX SIP Call, October 27, 1998
(63 FR 57356), amendments to the NOX
SIP Call, May 14, 1999 (64 FR 26298)
and March 2, 2000 (65 FR 11222), and
the Clean Air Interstate Rule (CAIR),
May 12, 2005 (70 FR 25162). However,
the section 110(a)(2)(D) requirements for
a State are not linked with a particular
nonattainment area’s designation and
classification in that State. EPA believes
that the requirements linked with a
particular nonattainment area’s
designation and classifications are the
relevant measures to evaluate in
reviewing a redesignation request. The
transport SIP submittal requirements,
where applicable, continue to apply to
a state regardless of the designation of
any one particular area in the State.
Thus, we do not believe that these
requirements are applicable
requirements for purposes of
redesignation.
In addition, EPA believes that the
other section 110 elements not
connected with nonattainment plan
submissions and not linked with an
area’s attainment status are not
applicable requirements for purposes of
redesignation. The Allentown Area will
still be subject to these requirements
after it is redesignated. The section 110
and Part D requirements which are
linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. This
policy is consistent with EPA’s existing
policy on applicability of conformity
(i.e., for redesignations) and oxygenated
fuels requirement. See Reading,
Pennsylvania, proposed and final
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rulemakings (61 FR 53174, October 10,
1996), (62 FR 24826, May 7, 1997);
Cleveland-Akron-Lorain, Ohio final
rulemaking (61 FR 20458, May 7, 1996);
and Tampa, Florida, final rulemaking
(60 FR 62748, December 7, 1995). See
also, the discussion on this issue in the
Cincinnati redesignation (65 FR at
37890, June 19, 2000), and in the
Pittsburgh redesignation (66 FR at
53099, October 19, 2001). Similarly,
with respect to the NOX SIP Call rules,
EPA noted in its Phase 1 Final Rule to
Implement the 8-hour Ozone NAAQS,
that the NOX SIP Call rules are not ‘‘an
‘applicable requirement’ for purposes of
section 110(1) because the NOX rules
apply regardless of an area’s attainment
or nonattainment status for the 8-hour
(or the 1-hour) NAAQS. 69 FR 23951,
23983 (April 30, 2004).
EPA believes that section 110
elements not linked to the area’s
nonattainment status are not applicable
for purposes of redesignation. As we
explain later in this notice, no Part D
requirements applicable for purposes of
redesignation under the 8-hour standard
became due for the Allentown Area
prior to submission of the redesignation
request.
2. Part D Nonattainment Requirements
Under the 8-Hour Standard
Pursuant to an April 30, 2004, final
rule (69 FR 23951), the Allentown Area
was designated a basic nonattainment
area under subpart 1 for the 8-hour
ozone standard. Sections 172–176 of the
Act, found in subpart 1 of Part D, set
forth the basic nonattainment
requirements applicable to all
nonattainment areas. Section 182 of the
Act, found in subpart 2 of Part D,
establishes additional specific
requirements depending on the area’s
nonattainment classification.
With respect to the 8-hour standard,
the court’s ruling rejected EPA’s reasons
for classifying areas under subpart 1 for
the 8-hour standard, and remanded that
matter to the Agency. Consequently, it
is possible that this area could, during
a remand to EPA, be reclassified under
subpart 2. Although any future decision
by EPA to classify this area under
subpart 2 might trigger additional future
requirements for the area, EPA believes
that this does not mean that
redesignation of the area cannot now go
forward. This belief is based upon (1)
EPA’s longstanding policy of evaluating
redesignation requests in accordance
with the requirements due at the time
the request is submitted; and, (2)
consideration of the inequity of
applying retroactively any requirements
that might in the future be applied.
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First, at the time the redesignation
request was submitted, the Allentown
Area was classified under subpart 1 and
was obligated to meet requirements
under subpart 1. Under EPA’s
longstanding interpretation of section
107(d)(3)(E) of the Act, to qualify for
redesignation, states requesting
redesignation to attainment must meet
only the relevant SIP requirements that
came due prior to the submittal of a
complete redesignation request. See
September 4, 1992 Calcagni
memorandum (‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division). See
also, Michael Shapiro Memorandum,
September 17, 1993, and 60 FR 12459,
12465–12466 (March 7, 1995)
(Redesignation of Detroit-Ann Arbor).
Sierra Club v. EPA, 375 F.3d 537 (7th
Cir. 2004), which upheld this
interpretation. See 68 FR 25418, 25424,
25427 (May 12, 2003) (Redesignation of
St. Louis).
Moreover, it would be inequitable to
retroactively apply any new SIP
requirements that were not applicable at
the time the request was submitted. The
DC Circuit has recognized the inequity
in such retroactive rulemaking, Sierra
Club v. Whitman, 285 F. 3d 63 (DC Cir.
2002), in which the DC Circuit upheld
a District Court’s ruling refusing to make
retroactive an EPA determination of
nonattainment that was past the
statutory due date. Such a
determination would have resulted in
the imposition of additional
requirements on the area. The Court
stated: ‘‘Although EPA failed to make
the nonattainment determination within
the statutory time frame, Sierra Club’s
proposed solution only makes the
situation worse. Retroactive relief would
likely impose large costs on the States,
which would face fines and suits for not
implementing air pollution prevention
plans in 1997, even though they were
not on notice at the time.’’ Id. at 68.
Similarly here it would be unfair to
penalize the area by applying to it for
purposes of redesignation additional SIP
requirements under subpart 2 that were
not in effect at the time it submitted its
redesignation request.
With respect to 8-hour subpart 2
requirements, if the Allentown Area
initially had been classified under
subpart 2, the first two Part D subpart
2 requirements applicable to the Area
under section 182(a) of the Act would
be: a base-year inventory requirement
pursuant to section 182(a)(1) of the Act,
and, the emissions statement
requirement pursuant to section
182(a)(3)(B).
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As stated previously, these
requirements are not yet due for
purposes of redesignation of the
Allentown Area, but nevertheless,
Pennsylvania already has in its
approved SIP, an emissions statement
rule for the 1-hour standard that covers
all portions of the designated 8-hour
nonattainment area and, that satisfies
the emissions statement requirement for
the 8-hour standard. See, 25 Pa. Code
135.21(a)(1), codified at 40 CFR 52.2020;
60 FR 2881, January 12, 1995. With
respect to the base-year inventory
requirement, in this notice of proposed
rulemaking, EPA is proposing to
approve the 2002 base-year inventory
for the Allentown Area, which was
submitted on June 26, 2007 (including
the August 9, 2007 technical correction
SIP revision containing previously
omitted inventory support documents),
concurrently with its maintenance plan
SIP revision. EPA is proposing to
approve the 2002 base-year inventory as
fulfilling the requirements of both
section 182(a)(1) and section 172(c)(3) of
the Act. A detailed evaluation of
Pennsylvania’s 2002 base-year inventory
for the Allentown Area can be found in
a Technical Support Document (TSD)
prepared by EPA for this rulemaking.
EPA has determined that the emission
inventory and emissions statement
requirements for the Allentown Area
have been satisfied.
In addition to the fact that Part D
requirements applicable for purposes of
redesignation did not become due prior
to submission of the redesignation
request, EPA believes that the general
conformity and NSR requirements do
not require approval prior to
redesignation.
With respect to section 176,
Conformity Requirements, section
176(c) of the Act requires states to
establish criteria and procedures to
ensure that federally supported or
funded projects conform to the air
quality planning goals in the applicable
SIP. The requirement to determine
conformity applies to transportation
plans, programs, and projects
developed, funded or approved under
Title 23 U.S.C. and the Federal Transit
Act (‘‘transportation conformity’’) as
well as to all other Federally supported
or funded projects (‘‘general
conformity’’). State conformity revisions
must be consistent with Federal
conformity regulations relating to
consultation, enforcement and
enforceability that the Act required the
EPA to promulgate. EPA believes it is
reasonable to interpret the conformity
SIP requirements as not applying for
purposes of evaluating the redesignation
request under section 107(d) since State
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1167
conformity rules are still required after
redesignation and Federal conformity
rules apply where State rules have not
been approved. See, Wall v. EPA, 265 F.
3d 426, 438–440 (6th Cir. 2001),
upholding this interpretation. See also,
60 FR 62748 (December 7, 1995).
In the case of the Allentown Area,
EPA has also determined that before
being redesignated, the Area need not
comply with the requirement that a NSR
program be approved prior to
redesignation. EPA has determined that
areas being redesignated need not
comply with the requirement that a NSR
program be approved prior to
redesignation, provided that the area
demonstrates maintenance of the
standard without Part D NSR in effect.
The rationale for this position is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
entitled, ‘‘Part D NSR Requirements or
Areas Requesting Redesignation to
Attainment.’’ Normally, State’s
Prevention of Significant Deterioration
(PSD) program will become effective in
the area immediately upon
redesignation to attainment. See the
more detailed explanations in the
following redesignation rulemakings:
Detroit, MI (60 FR 12467–12468 (March
7, 1995); Cleveland-Akron-Lorrain, OH
(61 FR 20458, 20469–20470, May 7,
1996); Louisville, KY (66 FR 53665,
53669, October 23, 2001); Grand Rapids,
MI (61 FR 31831, 31836–31837, June 21,
1996). In the case of the Allentown Area
the Chapter 127 Part D NSR regulations
in the Pennsylvania SIP (codified at 40
CFR 52.2020(c)(1)) explicitly apply the
requirements for NSR in section 184 of
the Act to ozone attainment areas within
the Ozone Transport Region (OTR). The
OTR NSR requirements are more
stringent than that required for a
marginal or basic ozone nonattainment
area. On October 19, 2001 (66 FR
53094), EPA fully approved
Pennsylvania’s NSR SIP revision
consisting of Pennsylvania’s Chapter
127 Part D NSR regulations that cover
the Allentown Area.
EPA has also interpreted the section
184 OTR requirements, including the
NSR program, as not being applicable
for purposes of redesignation. The
rationale for this is based on two
considerations. First, the requirement to
submit SIP revisions for the section 184
requirements continues to apply to areas
in the OTR after redesignation to
attainment. Therefore, the State remains
obligated to have NSR, as well as
reasonably available control technology
(RACT), and Vehicle Inspection and
Maintenance programs even after
redesignation. Second, the section 184
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control measures are region-wide
requirements and apply to the
Allentown Area to address ozone
transport—not solely by virtue of the
Area’s designation and classification.
See 61 FR 53174, 53175–53176 (October
10, 1996) and 62 FR 24826, 24830–
24832 (May 7, 1997).
3. Part D Nonattainment Area
Requirements Under the 1-Hour
Standard
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 the Allentown
Area must meet the federal antibacksliding 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 1hour ozone NAAQS. As set forth in
more detail below, the Area must also
address four additional anti-backsliding
provisions identified by the Court in its
decisions.
The anti-backsliding provisions at 40
CFR 51.905(a)(1) prescribe 1-hour ozone
NAAQS requirements that continue to
apply after revocation of the 1-hour
ozone NAAQS to former 1-hour ozone
nonattainment areas. Section
51.905(a)(1)(i) provides that:
‘‘The area remains subject to the
obligation to adopt and implement the
applicable requirements as defined in
§ 51.900(f), except as provided in
paragraph (a)(1)(iii) of paragraph (b) of
this section.’’
Section 51.900(f), as amended by 70
FR 30592, 30604 (May 26, 2005), states
that:
Applicable requirements means for an
area the following requirements to the
extent such requirements applied to the
area for the area’s classification under
section 181(a)(1) of the Clean Air Act for
the 1-hour NAAQS at the time of
designation for the 8-hour NAAQS.
(1) Reasonably available control
technology (RACT).
(2) Inspection and maintenance
programs (I/M).
(3) Major source applicability cut-offs
for purposes of RACT.
(4) Rate of Progress (ROP) reductions.
(5) Stage II vapor recovery.
(6) Clean fuels fleet program under
section 183(c)(4) of the Clean Air Act.
(7) Clean fuels for boilers under
section 182(e)(3) of the Clean Air Act.
(8) Transportation Control Measures
(TCMs) during heavy traffic hours as
required by section 182(e)(4) of the
Clean Air Act.
(9) Enhanced (ambient) monitoring
under section 182(c)(1) of the Clean Air
Act.
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(10) Transportation control measures
(TCMs) under section 182(c)(5) of the
Clean Air Act.
(11) Vehicle miles traveled (VMT)
provisions of section 182(d)(1) of the
Clean Air Act.
(12) NOX requirements under section
182(f) of the Clean Air Act.
(13) Attainment demonstration or
alternative as provided under
§ 51.905(a)(1)(ii).’’
Pursuant to 40 CFR 51.905(c), the
Allentown Area is subject to the
obligations set forth in §§ 51.905(a) and
51.900(f).
Prior to its designation as an 8-hour
ozone nonattainment area, the
Allentown Area was designated a
marginal nonattainment area for the 1hour standard. With respect to the 1hour standard, the applicable
requirements under the anti-backsliding
provisions at 40 CFR 51.905(a)(1) for the
Allentown Area are limited to RACT
and I/M programs specified in section
182(a) of the Act and are discussed in
the following paragraphs:
Section 182(a)(2)(A) required SIP
revisions to correct or amend RACT for
sources in marginal areas, such as the
Allentown Area, that were subject to
control technique guidelines (CTGs)
issued before November 15, 1990
pursuant to Clean Air Act section 108.
On December 22, 1994, EPA fully
approved into the Pennsylvania SIP all
corrections required under section
182(a)(2)(A) of the Act (59 FR 65971,
December 22, 1994). EPA believes that
this requirement applies only to
marginal and higher classified areas
under the 1-hour NAAQS pursuant to
the 1990 amendments to the Act;
therefore, this is a one-time
requirement. After an area has fulfilled
the section 182(a)(2)(A) requirement for
the 1-hour NAAQS, there is no
requirement under the 8-hour NAAQS.
Section 182(a)(2)(B) relates to the
savings clause for vehicle inspection
and maintenance (I/M). It requires
marginal areas that were required to
adopt an I/M program prior to 1990 to
adopt a program meeting EPA I/M
requirements, or to maintain operation
of an existing I/M program.Section
182(a)(2)(B) relates to the savings clause
for vehicle inspection and maintenance
programs. It requires marginal areas to
adopt (or if already in effect, to continue
operation of) a vehicle I/M program if a
program was required to have been in
operation prior to November 15, 1990.
This provision is applicable to the
Allentown area because Northampton
and Lehigh Counties had a required I/
M program in place prior to November
15, 1990. Therefore, under this
provision, the Allentown area was
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required to continue to operate an I/M
program, in accordance with I/M
requirements, after 1990. A separate I/M
provision under section 184 of the Act,
which requires adoption of an enhanced
I/M program to address ozone transport
in certain metropolitan areas of the
Ozone Transport Region also applies to
the Allentown Area and is described
below.
In addition the Court held that EPA
should have retained four additional
measures in its anti-backsliding
provisions: (1) Nonattainment area NSR
; (2) Section 185 penalty fees; (3)
contingency measures under section
172(c)(9) or 182(c)(9) of the Act; and (4)
1-hour motor vehicle emission budgets
that were yet not replaced by 8-hour
emissions budgets. These requirements
are addressed below:
With respect to NSR, EPA has
determined that areas being
redesignated need not have an approved
nonattainment New Source Review
program, for the same reasons discussed
previously with respect to the
applicable Part D requirement for the 8hour standard.
The section 185 penalty fee
requirement was not applicable in the
Allentown 1-hour marginal
nonattainment Area.
With respect to the requirement for
submission of contingency measures for
the 1-hour standard, section 182(a) does
not require contingency measures for
marginal areas.
The conformity portion of the Court’s
ruling does not impact the redesignation
request for the Allentown Area except to
the extent that the Court in its June 8
decision clarified that for those areas
with 1-hour MVEBs, anti-backsliding
requires 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 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.
Thus EPA has concluded that the area
has met all requirements applicable for
redesignation under the 1-hour
standard.
4. Transport Region Requirements
All areas in the Ozone Transport
Region (OTR), both attainment and
nonattainment, are subject to additional
control requirements under section 184
for the purpose of reducing interstate
transport of emissions that may
contribute to downwind ozone
nonattainment. The section 184
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requirements include RACT, NSR,
enhanced vehicle inspection and
maintenance (I/M), and Stage II vapor
recovery or a comparable measure.
In the case of the Allentown Area,
which is located in the OTR,
nonattainment NSR will continue to be
applicable after redesignation. On
October 19, 2001, EPA approved the 1hour NSR SIP revision for the Area. See
66 FR 53094 (October 19, 2001).
EPA has also interpreted the section
184 OTR requirements, including NSR,
as not being applicable for purposes of
redesignation. Reading, PA
Redesignation, 61 FR 53174, (October
10, 1996), 62 FR 24826 (May 7, 1997).
The rationale for this is based on two
considerations. First, the requirement to
submit SIP revisions for the section 184
requirements continues to apply to areas
in the OTR after redesignation to
attainment. Therefore, the
Commonwealth remains obligated to
have NSR, as well as RACT and I/M,
even after redesignation. Second, the
section 184 control measures are regionwide, transport-based requirements that
apply to an area not solely by virtue of
the area’s nonattainment designation
and classification. Therefore, these
measures are considered not relevant to
an action changing an area’s
designation. See 61 FR 53174, 53175–
53176 (October 10, 1996) and 62 FR
24826, 24830–24832 (May 7, 1997).
5. The Allentown-Bethlehem-Easton
Area Has a Fully Approved SIP for
Purposes of Redesignation
EPA has fully approved the
Pennsylvania SIP for the purposes of
this redesignation. EPA may rely on
prior SIP approvals in approving a
redesignation request. Calcagni Memo,
p.3; Southwestern Pennsylvania Growth
Alliance v. Browner, 144 F. 3d 984, 989–
90 (6th Cir. 1998), Wall v. EPA, 265 F.
3d 426 (6th Cir. 2001), plus any
additional measures it may approve in
conjunction with a redesignation action.
See, 68 FR at 25425 (May 12, 2003) and
citations therein.
C. The Air Quality Improvement in the
Allentown-Bethlehem-Easton Area Is
Due to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution
Control Regulations and Other
Permanent and Enforceable Reductions
EPA believes that the Commonwealth
has demonstrated that the observed air
quality improvement in the Allentown
Area is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
SIP, Federal measures, and other Stateadopted measures. Emissions reductions
attributable to these rules are shown in
Table 3.
TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR 2002 AND 2004 IN TONS PER SUMMER DAY (TPSD)
Stationary
point
Year
Stationary
area
Nonroad
mobile
Highway
mobile
Total
Volatile Organic Compounds (VOC)
2002 .........................................................................................................
2004 .........................................................................................................
4.9
6.4
28.6
28.1
13.6
13.0
35.6
30.5
82.7
78.0
Difference (2002¥04) ......................................................................
+1.5
¥0.5
¥0.6
¥5.1
¥4.7
2.8
2.9
+0.1
13.4
12.9
¥0.5
55.1
48.3
¥6.8
131.3
122.9
¥8.4
Nitrogen Oxides (NOX)
2002 .........................................................................................................
2004 .........................................................................................................
Difference (2002¥04) ......................................................................
Between 2002 and 2004, VOC
emissions decreased by 4.7 tpsd from
82.7 tpsd to 78.0 tpsd. During the same
period, NOX emissions decreased by 8.4
tpsd from 131.3 tpsd to 122.9 tpsd. EPA
believes that permanent and enforceable
emissions reductions are the cause of
the long-term improvement in ozone
levels and are the cause of the Area
achieving attainment of the 8-hour
ozone standard. These reductions, as
well as anticipated future reductions,
are due to the following permanent and
enforceable measures.
1. Stationary Point Sources
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Federal NOX SIP Call (66 FR 43795,
August 21, 2001).
2. Stationary Area Sources
Solvent Cleaning (68 FR 2206, January
16, 2003).
Portable Fuel Containers (69 FR
70893, December 8, 2004).
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60.0
58.8
¥1.2
3. Highway Vehicle Sources
Federal Motor Vehicle Control
Programs (FMVCP).
—Tier 1 Rule (56 FR 25724, June 5,
1991).
—Tier 2 Rule (65 FR 6698, February 10,
2000).
—Heavy-duty Engine and Vehicle
Standards (62 FR 54694, October 21,
1997, and 65 FR 59896, October 6,
2000).
National Low Emission Vehicle
(NLEV) Program (64 FR 72564,
December 28, 1999).
PA Vehicle Emission Inspection/
Maintenance Program (70 FR 58313,
October 6, 2005).
Changes to Vehicle Safety Inspection
Program in non-I/M Counties (70 FR
58313, October 6, 2005).
4. Non-Road Sources
Non-road Diesel Rule (69 FR 38958,
June 29, 2004).
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D. The Allentown Area Has a Fully
Approvable Maintenance Plan Pursuant
to Section 175A of the Clean Air Act
In conjunction with its request to
redesignate the Allentown ozone
nonattainment Area to attainment
status, Pennsylvania submitted a SIP
revision to provide for maintenance of
the 8-hour ozone NAAQS in the Area
for at least 11 years after redesignation.
The Commonwealth is requesting that
EPA approve this SIP revision as
meeting the requirement of Clean Air
Act section 175A. Once approved, the
maintenance plan for the 8-hour ozone
NAAQS will ensure that the SIP for the
Allentown Area meets the requirements
of the Act regarding maintenance of the
applicable 8-hour ozone standard.
What Is Required in a Maintenance
Plan?
Section 175 of the Act sets forth the
elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
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section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after approval of a redesignation of
an area to attainment. Eight years after
the redesignation, the Commonwealth
must submit a revised maintenance plan
demonstrating that attainment will
continue to be maintained for the 10
years following the initial 10-year
period. To address the possibility of
future NAAQS violations, the
maintenance plan must contain such
contingency measures, with a schedule
for implementation, as EPA deems
necessary to assure prompt correction of
any future 8-hour ozone violations.
Section 175A of the Clean Air Act sets
forth the elements of a maintenance
plan for areas seeking redesignation
from nonattainment to attainment. The
Calcagni memorandum dated September
4, 1992, provides additional guidance
on the content of a maintenance plan.
An ozone maintenance plan should
address the following provisions:
(a) An attainment emissions
inventory;
(b) A maintenance demonstration;
(c) A monitoring network;
(d) Verification of continued
attainment; and
(e) A contingency plan.
Analysis of the Allentown-BethlehemEaston Area Maintenance Plan
(a) Attainment inventory—An
attainment inventory includes the
emissions during the time period
associated with the monitoring data
showing attainment. PADEP determined
that the appropriate attainment
inventory year is 2004. That year
establishes a reasonable year within the
three-year block of 2004–2006 as a
baseline and accounts for reductions
attributable to implementation of the
Act requirements to date. The 2004
inventory is consistent with EPA
guidance and is based on actual ‘‘typical
summer day’’ emissions of VOC and
NOX during 2004 and consists of a list
of sources and their associated
emissions.
The 2002 and 2004 point source data
was compiled from actual sources.
Pennsylvania requires owners and
operators of larger facilities to submit
annual production figures and emission
calculations each year. Throughput data
are multiplied by emission factors from
Factor Information Retrieval (FIRE) Data
Systems and EPA’s publication series
AP–42, and are based on Source
Classification Codes (SCC). The 2002
area source data was compiled using
county-level activity data, from census
numbers, from county numbers, etc. The
2004 area source data was projected
from the 2002 inventory using temporal
allocations provided by the MidAtlantic Regional Air Management
Association (MARAMA).
The on-road mobile source
inventories for 2002 and 2004 were
compiled using MOBILE6.2 and
Pennsylvania Department of
Transportation (PENNDOT) estimates
for VMT. The PADEP has provided
detailed data summaries to document
the calculations of mobile on-road VOC
and NOX emissions for 2002, as well as
for the projection years of 2004, 2009,
and 2018 (shown in Tables 5 and 6
below).
The 2002 and 2004 emissions for the
majority of non-road emission source
categories were estimated using the EPA
NONROAD 2005 model. The
NONROAD model calculates emissions
for diesel, gasoline, liquefied petroleum
gasoline, and compressed natural gasfueled non-road equipment types and
includes growth factors. The NONROAD
model does not estimate emissions from
locomotives or aircraft. For 2002 and
2004 locomotive emissions, the PADEP
projected emissions from a 1999 survey
using national fuel consumption
information and EPA emission and
conversion factors. Emissions from
commercial aircraft for 2002 and 2004
are estimated using EPA-approved
Emissions & Dispersion Modeling
System (EDMS) 4.20, the latest version
available at the time the inventory was
prepared. Emissions from commercial
aircraft are estimated using EPAapproved Emissions & Dispersion
Modeling System (EDMS). Small aircraft
emissions were calculated using small
airport statistics from the Federal
Aviation Administration’s APO
Terminal Area Forecast Report and the
Web site www.airnav.com.
More detailed information on the
compilation of the 2002, 2004, 2009,
and 2018 inventories can found in the
Technical Appendices, which are part
of the June 26, 2007 state submittal.
(b) Maintenance Demonstration—On
June 26, 2007, the PADEP submitted a
maintenance plan as required by section
175A of the Act. The Allentown Area
maintenance plan shows maintenance
of the 8-hour ozone NAAQS by
demonstrating that current and future
emissions of VOC and NOX remain at or
below the attainment year 2004
emissions levels throughout the Area
through the year 2018. A maintenance
demonstration need not be based on
modeling. See Wall v. EPA, supra;
Sierra Club v. EPA, supra. See also, 66
FR at 53099–53100; 68 FR at 25430–
25432.
Tables 4 and 5 specify the VOC and
NOX emissions for the Allentown Area
for 2004, 2009, and 2018. The PADEP
chose 2009 as an interim year in the
maintenance demonstration period to
demonstrate that the VOC and NOX
emissions are not projected to increase
above the 2004 attainment level during
the time of the maintenance period.
TABLE 4.—TOTAL VOC EMISSIONS FOR 2004–2018 (TPSD)
Source category
Stationary Point
Stationary Area
Highway Mobile
Nonroad Mobile
2004
2009
2018
.......................................................................................................................................
........................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
6.4
28.1
30.5
13.0
5.5
26.7
24.1
10.3
6.6
28.9
14.7
8.9
Total ..................................................................................................................................................
78.0
66.6
59.1
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TABLE 5.—TOTAL NOX EMISSIONS FOR 2004–2018 (TPSD)
Source category
2004
Point .........................................................................................................................................................
Area .........................................................................................................................................................
Highway Mobile .......................................................................................................................................
Nonroad Mobile .......................................................................................................................................
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58.8
2.9
48.3
12.9
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58.3
3.1
34.8
11.0
2018
66.6
3.2
15.4
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TABLE 5.—TOTAL NOX EMISSIONS FOR 2004–2018 (TPSD)—Continued
Source category
2004
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Total ..................................................................................................................................................
Additionally, the following programs
are either effective or due to become
effective and will further contribute to
the maintenance demonstration of the 8hour ozone NAAQS:
• The Clean Air Interstate Rule (71 FR
25328, April 28, 2006).
• The Federal NOX SIP Call (66 FR
43795, August 21, 2001).
• Portable Fuel Containers Rule (69
FR 70893, December 8, 2004).
• Consumer Products Rule (69 FR
70895, December 8, 2004).
• Architectural and Industrial
Maintenance (AIM) Coatings (69 FR
68080, November 23, 2004).
• Federal Light-duty Highway
Vehicle Control Program (FMVCP)—
Tier 1/Tier 2 Emissions Standards
(Model Year 1994/2004); Tier 1—(56 FR
25724, June 5, 1991), Tier 2—(65 FR
6698, February 10, 2000).
• Federal Heavy-duty Diesel Highway
Engine Standards (Model Year 2004/
2007) / Low-Sulfur Highway Diesel Fuel
Standards (2006); (66 FR 5002, January
18, 2001).
• Federal Nonroad Engine Emission
Standards (Model Year 2008) and
Nonroad Diesel Fuel 2007); (69 FR
38958, June 29, 2004).
• NLEV/PA Clean Vehicle Program
(54 FR 72564, December 28, 1999).
• PA Vehicle Emission Inspection
and Maintenance Program (70 FR 58313,
October 6, 2005).
• Changes to Vehicle Safety
Inspection Program for Non-I/M
Counties (70 FR 58313, October 6,
2005).
Based on the comparison of the
projected emissions and the attainment
year emissions along with the additional
measures, EPA concludes that PADEP
has successfully demonstrated that the
8-hour ozone standard should be
maintained in the Allentown Area.
(c) Monitoring Network—There are
three ozone monitors (located in Lehigh
and Northampton Counties) that
provided monitoring data to support the
Commonwealth’s ozone maintenance
plan for the Allentown area. The
Commonwealth has committed to
continue to operate its monitoring
network in accordance with 40 CFR part
58, with no reduction in the number of
sites.
(d) Verification of Continued
Attainment—In addition to maintaining
the key elements of its regulatory
program, the Commonwealth will track
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the attainment status of the ozone
NAAQS in the Area by reviewing air
quality and emissions data during the
maintenance period. The
Commonwealth will perform an annual
evaluation of Vehicle Miles Traveled
(VMT) data and emissions reported from
stationary sources, and compare them to
the assumptions about these factors
used in the maintenance plan. The
Commonwealth will also evaluate the
periodic (every three years) emission
inventories prepared under EPA’s
Consolidated Emission Reporting
Regulation (40 CFR part 51, subpart A)
to see if they exceed the attainment year
inventory (2004) by more than 10
percent. The PADEP will also continue
to operate the existing ozone monitoring
station in the Area pursuant to 40 CFR
part 58 throughout the maintenance
period and submit quality-assured
ozone data to EPA through the AQS
system. Section 175A(b) of the Act
states that eight years following
redesignation of the Allentown Area,
PADEP will be required to submit a
second maintenance plan that will
ensure attainment through 2028. PADEP
has made that commitment to meet the
requirement in section 175A(b).
(e) The Maintenance Plan’s
Contingency Measures—The
contingency plan provisions are
designed to promptly correct a violation
of the NAAQS that occurs after
redesignation. Section 175A of the Act
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to ensure that the
Commonwealth will promptly correct a
violation of the NAAQS that occurs after
redesignation. The maintenance plan
should identify the events that would
‘‘trigger’’ the adoption and
implementation of a contingency
measure(s), the contingency measure(s)
that would be adopted and
implemented, and the schedule
indicating the time frame by which the
state would adopt and implement the
measure(s).
The ability of the Allentown Area to
stay in compliance with the 8-hour
ozone standard after redesignation
depends upon VOC and NOX emissions
in the Area remaining at or below 2004
levels. The Commonwealth’s
maintenance plan projects VOC and
NOX emissions to decrease and stay
below 2004 levels through the year
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122.9
2009
107.2
2018
91.8
2018. The Commonwealth’s
maintenance plan outlines the
procedures for the adoption and
implementation of contingency
measures to further reduce emissions
should a violation occur.
Contingency measures will be
considered if for two consecutive years
the fourth highest 8-hour ozone
concentration at any Allentown Area
monitor is above 84 ppb. If this trigger
point occurs, the Commonwealth will
evaluate whether additional local
emission control measures should be
implemented in order to prevent a
violation of the air quality standard.
PADEP will also analyze the conditions
leading to the excessive ozone levels
and evaluate which measures might be
most effective in correcting the
excessive ozone levels. PADEP will also
analyze the potential emissions effect of
Federal, state and local measures that
have been adopted but not yet
implemented at the time the excessive
ozone levels occurred. PADEP will then
begin the process of implementing any
selected measures.
Contingency measures will also be
considered in the event that a violation
of the 8-hour ozone standard occurs at
any Allentown Area monitor. In the
event of a violation of the 8-hour ozone
standard, PADEP will adopt additional
emissions reduction measures as
expeditiously as practicable in
accordance with the implementation
schedule listed later in this notice and
in the Pennsylvania Air Pollution
Control Act in order to return the Area
to attainment with the standard.
Contingency measures to be considered
for the Allentown Area will include, but
not be limited to the following:
Regulatory measures:
—Additional controls on consumer
products.
—Additional controls on portable fuel
containers.
Non-Regulatory measures:
—Voluntary diesel engine ‘‘chip
reflash’’ (installation software to
correct the defeat device option on
certain heavy-duty diesel engines).
—Diesel retrofits, including
replacement, repowering or
alternative fuel use, for public or
private local on-road or off-road fleets.
—Idling reduction technology for Class
2 yard locomotives.
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—Idling reduction technologies or
strategies for truck stops, warehouses
and other freight handling facilities.
—Accelerated turnover of lawn and
garden equipment, especially
commercial equipment, including
promotion of electric equipment.
—Additional promotion of alternative
fuel (e.g., biodiesel) for home heating
and agricultural use.
The plan sets forth a process to have
regulatory contingency measures in
effect within 19 months of the trigger.
The plan also lays out a process to
implement non-regulatory contingency
measures within 12–24 months of the
trigger.
VII. Are the Motor Vehicle Emissions
Budgets Established and Identified in
the Maintenance Plan for the
Allentown-Bethlehem-Easton Area Plan
Adequate and Approvable?
A. What Are the Motor Vehicle
Emissions Budgets?
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Under the Act, States are required to
submit, at various times, control strategy
SIPs and maintenance plans in ozone
areas. These control strategy SIPs (i.e.,
reasonable further progress SIPs and
attainment demonstration SIPs) and
maintenance plans identify and
establish MVEBs for certain criteria
pollutants and/or their precursors to
address pollution from on-road mobile
sources. In the maintenance plan, the
MVEBs are termed ‘‘on-road mobile
source emission budgets.’’ Pursuant to
40 CFR part 93 and § 51.112, MVEBs
must be established in an ozone
maintenance plan. An MVEB is the
portion of the total allowable emissions
that is allocated to highway and transit
vehicle use and emissions. An MVEB
serves as a ceiling on emissions from an
area’s planned transportation system.
The MVEB concept is further explained
in the preamble to the November 24,
1993, transportation conformity rule (58
FR 62188). The preamble also describes
how to establish and revise the MVEBs
in control strategy SIPs and
maintenance plans.
Under section 176(c) of the Act, new
transportation projects, such as the
construction of new highways, must
‘‘conform’’ to (i.e., be consistent with)
the part of a State’s air quality plan that
addresses pollution from cars and
trucks. ‘‘Conformity’’ to the SIP means
that transportation activities will not
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cause new air quality violations, worsen
existing violations, or delay timely
attainment of or reasonable progress
towards the NAAQS. If a transportation
plan does not ‘‘conform,’’ most new
projects that would expand the capacity
of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for
demonstrating and ensuring conformity
of such transportation activities to a SIP.
When reviewing submitted ‘‘control
strategy’’ SIPs or maintenance plans
containing MVEBs, EPA must
affirmatively find the MVEB contained
therein ‘‘adequate’’ for use in
determining transportation conformity.
After EPA affirmatively finds the
submitted MVEB is adequate for
transportation conformity purposes, the
MVEB can be used by state and federal
agencies in determining whether
proposed transportation projects
‘‘conform’’ to the SIP as required by
section 176(c) of the Act. EPA’s
substantive criteria for determining
‘‘adequacy’’ of a MVEB are set out in 40
CFR 93.118(e)(4).
EPA’s process for determining
‘‘adequacy’’ consists of three basic steps:
Public notification of a SIP submission,
a public comment period, and EPA’s
adequacy finding. This process for
determining the adequacy of submitted
SIP MVEBs was initially outlined in
EPA’s May 14, 1999 guidance,
‘‘Conformity Guidance on
Implementation of March 2, 1999,
Conformity Court Decision.’’ This
guidance was finalized in the
Transportation Conformity Rule
Amendments for the ‘‘New 8-Hour
Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous
Revisions for Existing Areas;
Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change’’
on July 1, 2004 (69 FR 40004). EPA
consults this guidance and follows this
rulemaking in making its adequacy
determinations.
Transportation agencies in
Pennsylvania are responsible for making
timely transportation conformity
determinations. There are two
metropolitan planning organizations
(MPOs) that serve as transportation
planning agencies for the Allentown
area: The Lehigh Valley Transportation
Study (for Lehigh and Northampton
Counties), and the Northeastern
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Pennsylvania Alliance (NEPA) (for
Carbon County). Pennsylvania has
established separate motor vehicle
emission budgets for each of these
MPOs. EPA’s transportation conformity
regulations (40 CFR 93.124(d)) allow a
SIP to establish separate motor vehicle
emission budgets for each MPO if a
nonattainment area contains more than
one MPO.
The MVEB for the Allentown Area are
listed in Table 1 for 2009 and 2018.
Table 1 presents the projected emissions
for the on-road mobile sources plus any
portion of the safety margin allocated to
the MVEBs (safety margin allocation for
2009 and 2018 only). These emission
budgets, when approved by EPA, must
be used for transportation conformity
determinations.
B. What Is a Safety Margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. The
attainment level of emissions is the
level of emissions during one of the
years in which the area met the NAAQS.
The following example is for the 2018
safety margin: the Allentown Area
attained the 8-hour ozone NAAQS
during the 2004 to 2006 time period.
The Commonwealth used 2004 as the
year to determine attainment levels of
emissions for the Allentown Area. The
sum total emissions for 2004 for point,
area, mobile on-road, and mobile nonroad sources for the Area are 78.0 tpsd
of VOC and 122.9 tpsd of NOX. The
PADEP projected that total emissions for
the year 2018 will be 59.1 tpsd of VOC
and 91.8 tpsd of NOX from all sources
in the Area. The Area-wide safety
margin for 2018 would be the difference
between these amounts, or 18.9 tpsd of
VOC and 31.1 tpsd of NOX. The
emissions up to the level of the
attainment year, including the safety
margins, are projected to maintain the
Area’s air quality consistent with the 8hour ozone NAAQS. The safety margin
is the extra emissions reduction below
the attainment levels that can be
allocated for emissions by various
sources as long as the total emission
levels are maintained at or below the
attainment levels. Table 6 shows the
safety margins for the 2009 and 2018
years.
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TABLE 6.—SAFETY MARGINS FOR ALLENTOWN-BETHLEHEM-EASTON AREA
[(2009 & 2018)]
VOC
emissions
(tpsd)
Inventory year
NOX
emissions
(tpsd)
2004 Attainment .......................................................................................................................................................
2009 Interim .............................................................................................................................................................
78.0
66.6
122.9
107.2
2009 Safety Margin ..........................................................................................................................................
2004 Attainment .......................................................................................................................................................
2018 Final ................................................................................................................................................................
11.4
78.0
59.1
15.7
122.9
91.8
2018 Safety Margin ..........................................................................................................................................
18.9
31.1
Lehigh Valley Transportation Study
MPO MVEB (Lehigh and Northampton
Counties)
The PADEP allocated 1.1 tpsd of VOC
and 0.8 tpsd of NOX of the 2009 safety
margin to the interim VOC projected onroad mobile source emissions and the
2009 interim NOX projected on-road
mobile source emissions to arrive at the
2009 MVEB to be allocated to the subregional portion of the Area covered by
the Lehigh Valley Transportation Study
MPO (Lehigh and Northampton
Counties).
The PADEP also allocated 1.1 tpsd of
VOC and 0.8 tpsd of NOX of the 2018
safety margins to arrive at the 2018
MVEBs to be allocated to the Lehigh and
Northampton County portion of the
Area covered by the Lehigh Valley
Transportation Study MPO.
Northeast Area Pennsylvania Alliance
(NEPA) MPO
The PADEP allocated 0.2 tpsd of VOC
and 0.1 tpsd of NOX of the 2009 safety
margin to the interim VOC projected onroad mobile source emissions and the
2009 interim NOX projected on-road
mobile source emissions to arrive at the
2009 MVEB to be allocated to the subregional portion of the Area covered by
the NEPA MPO (Carbon County).
The PADEP also allocated 0.3 tpsd of
VOC and 0.2 tpsd of NOX of the 2018
safety margins to arrive at the 2018
MVEBs to be allocated to the subregional portion of the Area covered by
the NEPA MPO (Carbon County).
Once allocated to the budgets these
portions of the safety margins are no
longer available, and may no longer be
allocated to any other source category.
Tables 7 and 8 show the final 2009 and
2018 MVEBs for Allentown Area,
including the portion of the each total
MVEB that has been allocated to the
Lehigh and Northampton Counties subregional portion of the Area (served by
the Lehigh Valley Transportation Study
MPO) and for the Carbon County subregional portion of the Area (served by
the NEPA MPO).
TABLE 7.—MOTOR VEHICLE EMISSION BUDGETS FOR THE LEHIGH AND NORTHAMPTON COUNTIES PORTION OF THE
ALLENTOWN-BETHLEHEM-EASTON AREA (2009 & 2018) *
[Lehigh Valley Transportation Study MPO]
VOC
emissions
(tpsd)
Inventory year
NOX
emissions
(tpsd)
2009 Projected On Road (Highway) Emissions ......................................................................................................
2009 Safety Margin Allocated to MVEBs ................................................................................................................
19.6
1.1
28.1
0.8
2009 MVEBs .....................................................................................................................................................
2018 Projected On Road (Highway) Emissions ......................................................................................................
2018 Safety Margin Allocated to MVEBs ................................................................................................................
20.6
11.3
1.1
28.9
11.6
0.8
2018 MVEBs .....................................................................................................................................................
12.4
12.4
* PADEP calculates MVEBS using kilograms per summer day, and converts the values to tons per summer day for informational purposes.
This may appear to make the totals in the table incorrect, but is merely the result of the rounded tpsd values.
TABLE 8.—MOTOR VEHICLE EMISSION BUDGETS FOR THE CARBON COUNTY PORTION OF THE ALLENTOWN-BETHLEHEMEASTON AREA (2009 & 2018) *
[Northeastern Pennsylvania Alliance MPO]
VOC emissions (tpsd)
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Inventory year
NOX emissions (tpsd)
2009 Projected On Road (Highway) Emissions ......................................................................................................
2009 Safety Margin Allocated to MVEBs ................................................................................................................
3.2
0.2
5.8
0.1
2009 MVEBs .....................................................................................................................................................
2018 Projected On Road (Highway) Emissions ......................................................................................................
2018 Safety Margin Allocated to MVEBs ................................................................................................................
3.4
2.0
0.3
5.9
2.9
0.2
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TABLE 8.—MOTOR VEHICLE EMISSION BUDGETS FOR THE CARBON COUNTY PORTION OF THE ALLENTOWN-BETHLEHEMEASTON AREA (2009 & 2018) *—Continued
[Northeastern Pennsylvania Alliance MPO]
VOC emissions (tpsd)
Inventory year
2018 MVEBs .....................................................................................................................................................
2.3
NOX emissions (tpsd)
3.0
* PADEP calculates MVEBS using kilograms per summer day, and converts the values to tons per summer day for informational purposes.
This may appear to make the totals in the table incorrect, but is merely the result of the rounded tpsd values.
C. Why Are the MVEBs Approvable?
The 2009 and 2018 MVEBs for the
Allentown Area are approvable because
the MVEBs for VOCs and NOX continue
to maintain the total emissions at or
below the attainment year inventory
levels as required by the transportation
conformity regulations.
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D. What Is the Adequacy and Approval
Process for MVEBs in the Maintenance
Plan?
The MVEBs for the Allentown Area
maintenance plan are being posted to
EPA’s conformity Web site concurrently
with this proposal. The public comment
period will end at the same time as the
public comment period for this
proposed rule. In this case, EPA is
concurrently processing action on the
maintenance plan and the adequacy
process for the MVEBs contained
therein. In this proposed rule, EPA is
proposing to find the MVEBs adequate
and EPA is proposing to approve the
MVEBs as part of the maintenance plan.
The MVEBs cannot be used for
transportation conformity until the
maintenance plan and associated
MVEBs are approved in a final Federal
Register notice, or EPA otherwise finds
the budgets adequate in a separate
action following the comment period.
If EPA receives adverse written
comments with respect to the proposed
approval of the Area’s MVEBs, or any
other aspect of our proposed approval of
this updated maintenance plan, we will
respond to the comments on the MVEBs
in our final action or proceed with the
adequacy process as a separate action.
Our action on the Allentown Area
MVEBs will also be announced on
EPA’s conformity Web site: https://
www.epa.gov/otaq/stateresources/
transconf/index.htm (from there, click
on ‘‘Adequacy Review of SIP
Submissions’’).
VIII. Proposed Actions
EPA is proposing to determine that
the Allentown-Bethlehem-Easton Area
has attained the 8-hour ozone NAAQS.
EPA is also proposing to approve the
redesignation of the Area from
nonattainment to attainment for the 8hour ozone NAAQS. EPA has evaluated
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Pennsylvania’s redesignation request
and determined that it meets the
redesignation criteria set forth in section
107(d)(3)(E) of the Act. EPA believes
that the redesignation request and
monitoring data demonstrate that the
Area has attained the 8-hour ozone
standard. The final approval of this
redesignation request would change the
designation of the Allentown Area from
nonattainment to attainment for the 8hour ozone standard. EPA is also
proposing to approve the associated
maintenance plan for the Area,
submitted on June 26, 2007, as a
revision to the Pennsylvania SIP. EPA is
proposing to approve the maintenance
plan for the Allentown Area because it
meets the requirements of section 175A
as described previously in this notice.
EPA is also proposing to approve the
2002 base-year inventory for the
Allentown Area, submitted by PADEP
on June 26, 2007, along with an August
9, 2007 technical correction to the
emissions inventory to submit
previously omitted inventory support
documents. Finally, EPA is proposing to
approve the MVEBs submitted by
Pennsylvania for the Area in
conjunction with its redesignation
request. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
IX. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)). This action merely proposes
to approve state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Redesignation of an area to
attainment under section 107(d)(3)(e) of
the Act does not impose any new
requirements on small entities.
Redesignation is an action that affects
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Fmt 4702
Sfmt 4702
the status of a geographical area and
does not impose any new regulatory
requirements on sources. Redesignation
of an area to attainment under section
107(d)(3)(E) of the Act does not impose
any new requirements on small entities.
Redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on sources. Accordingly,
the Administrator certifies that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rule proposes to
approve pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). Because this action
affects the status of a geographical area
or allows the state to avoid adopting or
implementing other requirements and
because this action does not impose any
new requirements on sources, this
proposed rule also does not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
proposes to approve a state rule
implementing a Federal requirement,
and does not alter the relationship or
the distribution of power and
responsibilities established in the Act.
This proposed rule also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it approves a
E:\FR\FM\07JAP1.SGM
07JAP1
Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
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 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 Act. Redesignation is an action that
affects the status of a geographical area
and does not impose any new
requirements on sources. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order.
This rule, proposing to approve the
redesignation of the Allentown Area to
attainment for the 8-hour ozone
NAAQS, the associated maintenance
plan, the 2002 base-year inventory, and
the MVEBs identified in the
maintenance plan, does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501, et seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen oxides,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
jlentini on PROD1PC65 with PROPOSALS
Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401, et seq.
Dated: December 18, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8–27 Filed 1–4–08; 8:45 am]
BILLING CODE 6560–50–P
VerDate Aug<31>2005
18:51 Jan 04, 2008
Jkt 214001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2007–0561; FRL–8513–6]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Nevada; Wintertime
Oxygenated Gasoline Rule; Vehicle
Inspection and Maintenance Program;
Redesignation of Truckee Meadows to
Attainment for the Carbon Monoxide
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
certain submittals by the State of
Nevada of revisions to the Nevada state
implementation plan that are intended
to provide for attainment and
maintenance of the carbon monoxide
national ambient air quality standard in
the Truckee Meadows nonattainment
area located within Washoe County,
Nevada. These revisions include a local
wintertime oxygenated gasoline rule, a
‘‘basic’’ vehicle inspection and
maintenance program (including a
performance standard evaluation),
current statutory provisions and State
rules governing mobile sources, a
maintenance plan and related motor
vehicle emissions budgets. EPA is also
proposing to approve Nevada’s request
to redesignate the Truckee Meadows
carbon monoxide nonattainment area to
attainment. Lastly, EPA is proposing to
rescind a provision previously approved
in error related to inspection and
maintenance of vehicles operated on
Federal installations. EPA proposes
these actions pursuant to those
provisions of the Clean Air Act that
obligate the Agency to take action on
submittals of revisions to state
implementation plans and requests for
redesignation. This proposed action is
intended to make certain State and local
measures and commitments related to
attainment and maintenance of the
carbon monoxide standard in Truckee
Meadows federally enforceable as part
of the Nevada state implementation
plan.
DATE: Any comments on this proposal
must arrive by February 6, 2008.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2007–0561, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
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1175
2. E-mail: kaplan.eleanor@epa.gov.
3. Mail or deliver: Eleanor Kaplan
(AIR–2), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: Direct your comments to
Docket ID No. EPA–R09–OAR–2007–
0561. 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 that EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send e-mail 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 the 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 docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
information, such as copyrighted
material, 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 at
the Office of Air Planning,
Environmental Protection Agency
(EPA), Region IX, 75 Hawthorne Street,
San Francisco, California. To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
E:\FR\FM\07JAP1.SGM
07JAP1
Agencies
[Federal Register Volume 73, Number 4 (Monday, January 7, 2008)]
[Proposed Rules]
[Pages 1162-1175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2007-0606; FRL-8513-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Allentown-Bethlehem-Easton 8-hour
Ozone Nonattainment Area to Attainment and Approval of the Maintenance
Plan and 2002 Base-Year Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a redesignation request and State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The Pennsylvania Department of Environmental Protection
(PADEP) is requesting that the Allentown-Bethlehem-Easton ozone
nonattainment Area (referred to also as the ``Allentown Area'' or
``Area'') be redesignated as attainment for the 8-hour ozone national
ambient air quality standard (NAAQS). The Allentown Area is comprised
of Carbon, Lehigh, and Northampton Counties. EPA is proposing to
approve the ozone redesignation request for the Allentown Area. In
conjunction with its redesignation request, the Commonwealth submitted
a SIP revision consisting of a maintenance plan for the Allentown Area
that provides for continued attainment of the 8-hour ozone NAAQS for at
least 10 years after redesignation. EPA is proposing to make a
determination that the Allentown Area has attained the 8-hour ozone
NAAQS, based upon three years of complete, quality-assured ambient air
quality monitoring data for 2004-2006. EPA's proposed approval of the
8-hour ozone redesignation request is based on its determination that
the Allentown Area has met the criteria for redesignation to attainment
specified in the Clean Air Act (``the Act''). In addition, the
Commonwealth of Pennsylvania has also submitted a 2002 base-year
inventory for the Allentown Area, and EPA is proposing to approve that
inventory for the Area as a SIP revision. EPA is also providing
information on the status of its adequacy determination for the motor
vehicle emission budgets (MVEBs) that are identified in the maintenance
plan for the Allentown Area for purposes of transportation conformity,
and is proposing to approve those MVEBs. EPA is proposing approval of
the redesignation request, the maintenance plan, and 2002 base-year
inventory SIP revisions in accordance with the requirements of the Act.
DATES: Written comments must be received on or before February 6, 2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0606 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2007-0606, Cristina Fernandez, 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-
2007-0606. 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What Are the Clean Air Actions EPA Is Proposing to Take?
II. What Is the Background for These Proposed Actions?
III. What Are the Criteria for Redesignation to Attainment?
IV. Why Is EPA Taking These Actions?
V. What Would Be the Effect of These Actions?
VI. What Is EPA's Analysis of the Commonwealth's Request?
VII. Are the Motor Vehicle Emissions Budgets Established and
Identified in the
[[Page 1163]]
Maintenance Plan for the Allentown-Bethlehem-Easton Area Plan
Adequate and Approvable?
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews
I. What Are the Clean Air Actions EPA Is Proposing to Take?
On June 26, 2007, the PADEP formally submitted a request to
redesignate the Allentown Area from nonattainment to attainment of the
8-hour NAAQS for ozone. Concurrently, Pennsylvania submitted a
maintenance plan for the Allentown Area as a SIP revision to ensure
continued attainment in the Area over the next 11 years. PADEP also
submitted a 2002 base-year inventory for the Allentown Area as a SIP
revision. On August 9, 2007, PADEP submitted a technical correction to
the emission inventory to submit inventory support documents that were
omitted from the June 26, 2007 SIP submittal.
The Allentown Area is comprised of Carbon, Lehigh, and Northampton
Counties. It is currently designated a basic 8-hour ozone nonattainment
area. EPA is proposing to determine that the Allentown Area has
attained the 8-hour ozone NAAQS and that it has met the requirements
for redesignation pursuant to section 107(d)(3)(E) of the Clean Air
Act. EPA is, therefore, proposing to approve the redesignation request
to change the designation of the Allentown Area from nonattainment to
attainment for the 8-hour ozone NAAQS. EPA is also proposing to approve
the Allentown maintenance plan as a SIP revision for the Area (such
approval being one of the Act criteria for redesignation to attainment
status). The maintenance plan is designed to ensure continued
attainment in the Allentown Area for the next 11 years. EPA is also
proposing to approve the 2002 base-year inventory for the Allentown
Area as a SIP revision. Additionally, EPA is announcing its action on
the adequacy process for the MVEBs identified in the Allentown
maintenance plan, and proposing to approve the MVEBs identified for
volatile organic compounds (VOCs) and nitrogen oxides (NOX)
for the Area for transportation conformity purposes.
II. What Is the Background for These Proposed Actions?
A. General
Ground-level ozone is not emitted directly by sources. Rather,
emissions of NOX and VOC react in the presence of sunlight
to form ground-level ozone. The air pollutants NOX and VOC
are referred to as precursors of ozone. The Clean Air Act establishes a
process for air quality management through the attainment and
maintenance of the NAAQS.
On July 18, 1997, EPA promulgated a revised 8-hour ozone standard
of 0.08 parts per million (ppm). This new standard is more stringent
than the previous 1-hour standard. EPA designated, as nonattainment,
any area violating the 8-hour ozone NAAQS based on the air quality data
for the three years of 2001-2003. These were the most recent three
years of data at the time EPA designated 8-hour areas. The Allentown
Area was designated a basic 8-hour ozone nonattainment area in a
Federal Register notice signed on April 15, 2004 and published on April
30, 2004 (69 FR 23857), based on its exceedance of the 8-hour health-
based standard for ozone during the years 2001-2003.
On April 30, 2004, EPA issued a final rule (69 FR 23951, 23996) to
revoke the 1-hour ozone NAAQS in the Allentown Area (as well as most
other areas of the country), effective June 15, 2005. See 40 CFR
50.9(b); 69 FR at 23996 (April 30, 2004); 70 FR 44470 (August 3, 2005).
However, on December 22, 2006, the U.S. Court of Appeals for the
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard. (69 FR 23951, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006)
(hereafter ``South Coast''). On June 8, 2007, in South Coast Air
Quality Management Dist. v. EPA, Docket No. 04-1201, in response to
several petitions for rehearing, the DC Circuit clarified that the
Phase 1 Rule was vacated only with regard to those parts of the rule
that had been successfully challenged. Therefore, the Phase 1 Rule
provisions related to classifications for areas currently classified
under subpart 2 of Title I, part D of the Act as 8-hour nonattainment
areas, the 8-hour attainment dates and the timing for emissions
reductions needed for attainment of the 8-hour ozone NAAQS remain
effective. The June 8 decision left intact the Court's rejection of
EPA's reasons for implementing the 8-hour standard in certain
nonattainment areas under Subpart 1 in lieu of subpart 2. By limiting
the vacatur, the Court let stand EPA's revocation of the 1-hour
standard and those anti-backsliding provisions of the Phase 1 Rule that
had not been successfully challenged. The June 8 decision reaffirmed
the December 22, 2006 decision that EPA had improperly failed to retain
measures required for 1-hour nonattainment areas under the anti-
backsliding provisions of the regulations: (1) Nonattainment area New
Source Review (NSR) requirements based on an area's 1-hour
nonattainment classification; (2) Section 185 penalty fees for 1-hour
severe or extreme nonattainment areas; and (3) measures to be
implemented pursuant to section 172(c)(9) or 182(c)(9) of the Act, on
the contingency of an area not making reasonable further progress
toward attainment of the 1-hour NAAQS, or for failure to attain that
NAAQS. In addition, the June 8 decision clarified that the Court's
reference to conformity requirements for anti-backsliding purposes was
limited to requiring the continued use of 1-hour motor vehicle
emissions budgets until 8-hour budgets were available for 8-hour
conformity determinations, which is already required under EPA's
conformity regulations. The Court thus clarified that 1-hour conformity
determinations are not required for anti-backsliding purposes.
Elsewhere in this document, mainly in section VI. B. ``The Allentown-
Bethlehem-Easton Area Has Met All Applicable Requirements Under Section
110 and Part D of the Clean Air Act and has a Fully Approved SIP Under
Section 110(k) of the Act'', EPA discusses its rationale why the
decision in South Coast is not an impediment to redesignating the
Allentown Area to attainment of the 8-hour ozone NAAQS.
The Clean Air Act, title I, Part D, contains two sets of
provisions--subpart 1 and subpart 2--that address planning and control
requirements for nonattainment areas. Subpart 1 (which EPA refers to as
``basic'' nonattainment) contains general, less prescriptive
requirements for nonattainment areas for any pollutant--including
ozone--governed by a NAAQS. Subpart 2 (which EPA refers to as
``classified'' nonattainment) provides more specific requirements for
ozone nonattainment areas. In 2004, the Allentown Area was classified a
basic 8-hour ozone nonattainment area based on air quality monitoring
data from 2001-2003. Therefore, the Area is subject to the requirements
of subpart 1 of Part D.
Under 40 CFR part 50, the 8-hour ozone standard is attained when
the 3-year average of the annual fourth-highest daily maximum 8-hour
average ambient air quality ozone concentration is less than or equal
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). See 69 FR
23857 (April 30, 2004) for further information. Ambient air quality
monitoring data for the 3-year period must meet data completeness
requirements. The data completeness requirements are met when the
average percent of days with valid ambient monitoring data is greater
than 90 percent, and no single year has less than 75 percent data
completeness
[[Page 1164]]
as determined in Appendix I of 40 CFR part 50. The ozone monitoring
data indicates that the Allentown Area has a design value of 0.084 ppm
for the 3-year period of 2004-2006, using complete, quality-assured
data. Therefore, the ambient ozone data for the Allentown Area
indicates no violations of the 8-hour ozone standard.
B. The Allentown-Bethlehem-Easton Area
The Allentown Area consists of Carbon, Lehigh, and Northampton
Counties in Pennsylvania. Prior to its designation as an 8-hour ozone
nonattainment area, the Allentown Area was a marginal 1-hour ozone
nonattainment area. Therefore, the Allentown Area was subject to
requirements for marginal nonattainment areas pursuant to section
182(a) of the Act. See 56 FR 56694 (November 6, 1991). EPA determined
that the Allentown 1-hour ozone nonattainment Area had attained the 1-
hour ozone NAAQS by the November 15, 1993 attainment date (60 FR 3349,
January 17, 1995).
On June 26, 2007, the PADEP requested that the Allentown Area be
redesignated to attainment for the 8-hour ozone standard. The
redesignation request included 3 years of complete, quality-assured
data for the period of 2004-2006, indicating that the 8-hour NAAQS for
ozone had been achieved in the Area. The data satisfies the Act
requirements that the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentration (commonly referred to as the
area's design value), must be less than or equal to 0.08 ppm (i.e.,
0.084 ppm when rounding is considered). Under the Act, a nonattainment
area may be redesignated if sufficient complete, quality-assured data
is available to determine that the area attained the standard and the
area meets the redesignation requirements set forth in section
107(d)(3)(E) of the Act.
III. What Are the Criteria for Redesignation to Attainment?
The Clean Air Act provides the requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E)
allows for redesignation, providing that:
(1) EPA determines that the area has attained the applicable NAAQS;
(2) EPA has fully approved the applicable implementation plan for
the area under section 110(k);
(3) EPA determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable
reductions;
(4) EPA has fully approved a maintenance plan for the area as
meeting the requirements of section 175A; and
(5) The State containing such area has met all requirements
applicable to the area under section 110 and Part D.
EPA provided guidance on redesignations in the General Preamble for
the Implementation of Title I of the Clean Air Act, on April 16, 1992
(57 FR 13498), and supplemented this guidance on April 28, 1992 (57 FR
18070). EPA has provided further guidance on processing redesignation
requests in the following documents:
``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, June, 18, 1990;
``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSDs) for Redesignation
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17,
1993;
``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on
or after November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
Memorandum from D. Kent Berry, Acting Director, Air
Quality Management Division, to Air Division Directors, Regions 1-10,
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and
CO Nonattainment Areas,'' dated November 30, 1993;
``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
``Reasonable Further Progress, Attainment Demonstration,
and Related Requirements for Ozone Nonattainment Areas Meeting the
Ozone National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May 10,
1995.
IV. Why Is EPA Taking These Actions?
On June 26, 2007, the PADEP requested redesignation of the
Allentown Area to attainment for the 8-hour ozone standard.
Simultaneously, PADEP submitted a maintenance plan for the Allentown
Area as a SIP revision, to ensure continued attainment of the 8-hour
ozone NAAQS over the next 11 years, until 2018. PADEP also submitted a
2002 base-year inventory concurrently with its maintenance plan as a
SIP revision. On August 9, 2007, PADEP submitted a technical correction
SIP revision to submit emission inventory support documents that were
omitted from the June 26, 2007 SIP submittal. EPA has determined that
the Allentown Area has attained the 8-hour ozone standard and has met
the requirements for redesignation set forth in section 107(d)(3)(E).
V. What Would Be the Effect of These Actions?
Approval of the redesignation request would change the official
designation of the Allentown Area from nonattainment to attainment for
the 8-hour ozone NAAQS found at 40 CFR part 81. It would also
incorporate into the Pennsylvania SIP a 2002 base-year inventory and a
maintenance plan ensuring continued attainment of the 8-hour ozone
NAAQS in the Allentown Area for the next 11 years, until 2018. The
maintenance plan includes contingency measures to remedy any future
violations of the 8-hour NAAQS (should they occur), and identifies the
NOX and VOC MVEBs for transportation conformity purposes for
the years 2009 and 2018.
Transportation agencies, working in conjunction with Metropolitan
Planning Organizations (MPOs) are responsible for making timely
transportation conformity determinations. There are two separate MPOs
responsible for transportation planning within the
[[Page 1165]]
Allentown Area. They are the Lehigh Valley Transportation Study (for
Lehigh and Northampton Counties), and the Northeastern Pennsylvania
Alliance (NEPA) (for Carbon County). Pennsylvania has established
separate motor vehicle emission budgets for each MPO for their
respective portion of the Allentown Area. EPA's transportation
conformity regulations (40 CFR 93.124(d)) allow a SIP to establish sub-
regional motor vehicle emission budgets for each MPO within a
nonattainment area if it contains more than one MPO.
These MVEBs are displayed in the following table:
Table 1a--Allentown-Bethlehem-Easton Motor Vehicle Emissions Budgets
Lehigh Valley Transportation Study MPO
[(Lehigh and Northampton Counties portion of the Area), in Tons per
Summer Day (tpsd)]
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2009.............................................. 20.6 28.9
2018.............................................. 12.4 12.4
------------------------------------------------------------------------
Table 1b--Allentown-Bethlehem-Easton Motor Vehicle Emissions Budgets
Northeast Pennsylvania Alliance MPO
[(Carbon County portion of the Area), in Tons per Summer Day (tpsd)]
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2009.............................................. 3.4 5.9
2018.............................................. 2.3 3.0
------------------------------------------------------------------------
VI. What Is EPA's Analysis of the Commonwealth's Request?
EPA is proposing to determine that the Allentown Area has attained
the 8-hour ozone standard, and that all other redesignation criteria
have been met. The following is a description of how the PADEP's June
26, 2007 submittal satisfies the requirements of section 107(d)(3)(E)
of the Act.
A. The Allentown Area Has Attained the 8-Hour NAAQS
EPA is proposing to determine that the Allentown Area has attained
the 8-hour ozone NAAQS. For ozone, an area may be considered to be
attaining the 8-hour ozone NAAQS if there are no violations, as
determined in accordance with 40 CFR 50.10 and Appendix I of Part 50,
based on three complete, consecutive calendar years of quality-assured
air quality monitoring data. To attain this standard, the design value,
which is the 3-year average of the fourth-highest daily maximum 8-hour
average ozone concentrations measured at each monitor, within the area,
over each year must not exceed the ozone standard of 0.08 ppm. Based on
the rounding convention described in 40 CFR part 50, Appendix I, the
standard is attained if the design value is 0.084 ppm or below. The
data must be collected and quality-assured in accordance with 40 CFR
part 58, and recorded in the Air Quality System (AQS). The monitors
generally should have remained at the same location for the duration of
the monitoring period required for demonstrating attainment.
In the Allentown Area, there were three ozone monitors that
measured ambient ozone air quality between 2004 and 2006. One of these
monitors is located in Lehigh County and two are in Northampton County.
As part of its redesignation request, Pennsylvania referenced ozone
monitoring data for the years 2004-2006 for the Allentown Area. This
data has been quality assured and is recorded in the AQS. The PADEP
uses the AQS as the permanent database to maintain its data and quality
assures the data transfers and content for accuracy. The fourth-high 8-
hour daily maximum concentrations for the period from 2004-2006, along
with the three-year average, are summarized in Table 2.
Table 2.--Allentown-Bethlehem-Easton Area Fourth Highest 8-Hour Average Values
[2004-2006]
----------------------------------------------------------------------------------------------------------------
Annual 4th highest Average 4th highest
reading (ppm) reading (ppm)
Monitor/county/AIRS ID ---------------------------------------------------
2004 2005 2006 2004-2006
----------------------------------------------------------------------------------------------------------------
Allentown Monitor, Lehigh County, AQS ID 42-077-0004........ 0.083 0.086 0.080 0.083
Freemansburg Monitor, Northampton County AQS ID 42-095-0025. 0.088 0.086 0.078 0.084
Easton 2 Monitor, Northampton County AQS ID 42-095-8000..... 0.083 0.080 0.078 0.080
----------------------------------------------------------------------------------------------------------------
The Area design value for the 3-year period 2004-2006 is 0.084 ppm (based on the Freemansburg Monitor/AQS ID 42-
095-0025)
----------------------------------------------------------------------------------------------------------------
The air quality data for 2004-2006 show that the Allentown Area has
attained the standard with a design value of 0.084 ppm. The data
collected at the three Allentown Area monitors satisfies the Act
requirement that the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentration is below the maximum design
value of 0.085 ppm. The PADEP's request for redesignation for the
Allentown Area indicates that the data is complete and was quality
assured in accordance with 40 CFR part 58. In addition, as discussed
below with respect to the maintenance plan, PADEP has committed to
continue monitoring in accordance with 40 CFR part 58. In summary, EPA
has determined that the data submitted by Pennsylvania and data taken
from AQS indicate that the Allentown Area has attained the 8-hour ozone
NAAQS.
B. The Allentown-Bethlehem-Easton Area Has Met All Applicable
Requirements Under Section 110 and Part D of the Clean Air Act and Has
a Fully Approved SIP Under Section 110(k) of the Act
EPA has determined that the Allentown Area has met all SIP
requirements applicable for purposes of this redesignation under
section 110 of the Act (General SIP Requirements) and that it meets all
applicable SIP requirements under Part D of Title I of the Act, in
accordance with section 107(d)(3)(E)(v). In addition, EPA has
determined that the SIP is fully approvable with respect to all
requirements applicable for purposes of redesignation in accordance
with section 107(d)(3)(E)(ii). In making these proposed determinations,
EPA ascertained which requirements are applicable to the Allentown Area
and determined that the applicable portions of the SIP meeting these
requirements are fully approved under section 110(k) of the Act. We
note that SIPs must be
[[Page 1166]]
fully approved only with respect to applicable requirements.
The September 4, 1992 Calcagni memorandum (``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E) with respect to the timing of applicable requirements.
Under this interpretation, to qualify for redesignation, States
requesting redesignation to attainment must meet only the relevant
Clean Air Act requirements that came due prior to the submittal of a
complete redesignation request. See also, Michael Shapiro memorandum,
September 17, 1993, and 60 FR 12459, 12465-12466 (March 7, 1995)
(redesignation of Detroit-Ann Arbor). Applicable requirements of the
Act that come due subsequent to the area's submittal of a complete
redesignation request remain applicable until a redesignation is
approved, but are not required as a prerequisite to redesignation.
Section 175A(c) of the Act. Sierra Club v. EPA, 375 F.3d 537 (7th Cir.
2004). See also, 68 FR at 25424, 25427 (May 12, 2003) (redesignation of
St. Louis).
This section sets forth EPA's views on the potential effect of the
Court's rulings on this proposed redesignation action. For the reasons
set forth below, EPA does not believe that the Court's rulings alters
any requirements relevant to this redesignation action so as to
preclude redesignation, and do not prevent EPA from proposing or
ultimately finalizing this redesignation. EPA believes that the Court's
December 22, 2006 and June 8, 2007 decisions impose no impediment to
moving forward with redesignation of this area to attainment, because
even in light of the Court's decisions, redesignation is appropriate
under the relevant redesignation provisions of the Act and longstanding
policies regarding redesignation requests.
1. Section 110 General SIP Requirements
Section 110(a)(2) of Title I of the Act delineates the general
requirements for a SIP, which includes enforceable emissions
limitations and other control measures, means, or techniques,
provisions for the establishment and operation of appropriate devices
necessary to collect data on ambient air quality, and programs to
enforce the limitations. The general SIP elements and requirements set
forth in section 110(a)(2) include, but are not limited to the
following:
Submittal of a SIP that has been adopted by the State
after reasonable public notice and hearing;
Provisions for establishment and operation of appropriate
procedures needed to monitor ambient air quality;
Implementation of a source permit program; provisions for
the implementation of part C requirements (Prevention of Significant
Deterioration (PSD));
Provisions for the implementation of Part D requirements
for New Source Review (NSR) permit programs;
Provisions for air pollution modeling; and
Provisions for public and local agency participation in
planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another State. To implement this provision, EPA has
required certain states to establish programs to address transport of
air pollutants in accordance with the NOX SIP Call, October
27, 1998 (63 FR 57356), amendments to the NOX SIP Call, May
14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and the Clean
Air Interstate Rule (CAIR), May 12, 2005 (70 FR 25162). However, the
section 110(a)(2)(D) requirements for a State are not linked with a
particular nonattainment area's designation and classification in that
State. EPA believes that the requirements linked with a particular
nonattainment area's designation and classifications are the relevant
measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the State. Thus, we do not believe that these requirements are
applicable requirements for purposes of redesignation.
In addition, EPA believes that the other section 110 elements not
connected with nonattainment plan submissions and not linked with an
area's attainment status are not applicable requirements for purposes
of redesignation. The Allentown Area will still be subject to these
requirements after it is redesignated. The section 110 and Part D
requirements which are linked with a particular area's designation and
classification are the relevant measures to evaluate in reviewing a
redesignation request. This policy is consistent with EPA's existing
policy on applicability of conformity (i.e., for redesignations) and
oxygenated fuels requirement. See Reading, Pennsylvania, proposed and
final rulemakings (61 FR 53174, October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Lorain, Ohio final rulemaking (61 FR 20458, May
7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748, December
7, 1995). See also, the discussion on this issue in the Cincinnati
redesignation (65 FR at 37890, June 19, 2000), and in the Pittsburgh
redesignation (66 FR at 53099, October 19, 2001). Similarly, with
respect to the NOX SIP Call rules, EPA noted in its Phase 1
Final Rule to Implement the 8-hour Ozone NAAQS, that the NOX
SIP Call rules are not ``an `applicable requirement' for purposes of
section 110(1) because the NOX rules apply regardless of an
area's attainment or nonattainment status for the 8-hour (or the 1-
hour) NAAQS. 69 FR 23951, 23983 (April 30, 2004).
EPA believes that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
As we explain later in this notice, no Part D requirements applicable
for purposes of redesignation under the 8-hour standard became due for
the Allentown Area prior to submission of the redesignation request.
2. Part D Nonattainment Requirements Under the 8-Hour Standard
Pursuant to an April 30, 2004, final rule (69 FR 23951), the
Allentown Area was designated a basic nonattainment area under subpart
1 for the 8-hour ozone standard. Sections 172-176 of the Act, found in
subpart 1 of Part D, set forth the basic nonattainment requirements
applicable to all nonattainment areas. Section 182 of the Act, found in
subpart 2 of Part D, establishes additional specific requirements
depending on the area's nonattainment classification.
With respect to the 8-hour standard, the court's ruling rejected
EPA's reasons for classifying areas under subpart 1 for the 8-hour
standard, and remanded that matter to the Agency. Consequently, it is
possible that this area could, during a remand to EPA, be reclassified
under subpart 2. Although any future decision by EPA to classify this
area under subpart 2 might trigger additional future requirements for
the area, EPA believes that this does not mean that redesignation of
the area cannot now go forward. This belief is based upon (1) EPA's
longstanding policy of evaluating redesignation requests in accordance
with the requirements due at the time the request is submitted; and,
(2) consideration of the inequity of applying retroactively any
requirements that might in the future be applied.
[[Page 1167]]
First, at the time the redesignation request was submitted, the
Allentown Area was classified under subpart 1 and was obligated to meet
requirements under subpart 1. Under EPA's longstanding interpretation
of section 107(d)(3)(E) of the Act, to qualify for redesignation,
states requesting redesignation to attainment must meet only the
relevant SIP requirements that came due prior to the submittal of a
complete redesignation request. See September 4, 1992 Calcagni
memorandum (``Procedures for Processing Requests to Redesignate Areas
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division). See also, Michael Shapiro Memorandum, September
17, 1993, and 60 FR 12459, 12465-12466 (March 7, 1995) (Redesignation
of Detroit-Ann Arbor). Sierra Club v. EPA, 375 F.3d 537 (7th Cir.
2004), which upheld this interpretation. See 68 FR 25418, 25424, 25427
(May 12, 2003) (Redesignation of St. Louis).
Moreover, it would be inequitable to retroactively apply any new
SIP requirements that were not applicable at the time the request was
submitted. The DC Circuit has recognized the inequity in such
retroactive rulemaking, Sierra Club v. Whitman, 285 F. 3d 63 (DC Cir.
2002), in which the DC Circuit upheld a District Court's ruling
refusing to make retroactive an EPA determination of nonattainment that
was past the statutory due date. Such a determination would have
resulted in the imposition of additional requirements on the area. The
Court stated: ``Although EPA failed to make the nonattainment
determination within the statutory time frame, Sierra Club's proposed
solution only makes the situation worse. Retroactive relief would
likely impose large costs on the States, which would face fines and
suits for not implementing air pollution prevention plans in 1997, even
though they were not on notice at the time.'' Id. at 68. Similarly here
it would be unfair to penalize the area by applying to it for purposes
of redesignation additional SIP requirements under subpart 2 that were
not in effect at the time it submitted its redesignation request.
With respect to 8-hour subpart 2 requirements, if the Allentown
Area initially had been classified under subpart 2, the first two Part
D subpart 2 requirements applicable to the Area under section 182(a) of
the Act would be: a base-year inventory requirement pursuant to section
182(a)(1) of the Act, and, the emissions statement requirement pursuant
to section 182(a)(3)(B).
As stated previously, these requirements are not yet due for
purposes of redesignation of the Allentown Area, but nevertheless,
Pennsylvania already has in its approved SIP, an emissions statement
rule for the 1-hour standard that covers all portions of the designated
8-hour nonattainment area and, that satisfies the emissions statement
requirement for the 8-hour standard. See, 25 Pa. Code 135.21(a)(1),
codified at 40 CFR 52.2020; 60 FR 2881, January 12, 1995. With respect
to the base-year inventory requirement, in this notice of proposed
rulemaking, EPA is proposing to approve the 2002 base-year inventory
for the Allentown Area, which was submitted on June 26, 2007 (including
the August 9, 2007 technical correction SIP revision containing
previously omitted inventory support documents), concurrently with its
maintenance plan SIP revision. EPA is proposing to approve the 2002
base-year inventory as fulfilling the requirements of both section
182(a)(1) and section 172(c)(3) of the Act. A detailed evaluation of
Pennsylvania's 2002 base-year inventory for the Allentown Area can be
found in a Technical Support Document (TSD) prepared by EPA for this
rulemaking. EPA has determined that the emission inventory and
emissions statement requirements for the Allentown Area have been
satisfied.
In addition to the fact that Part D requirements applicable for
purposes of redesignation did not become due prior to submission of the
redesignation request, EPA believes that the general conformity and NSR
requirements do not require approval prior to redesignation.
With respect to section 176, Conformity Requirements, section
176(c) of the Act requires states to establish criteria and procedures
to ensure that federally supported or funded projects conform to the
air quality planning goals in the applicable SIP. The requirement to
determine conformity applies to transportation plans, programs, and
projects developed, funded or approved under Title 23 U.S.C. and the
Federal Transit Act (``transportation conformity'') as well as to all
other Federally supported or funded projects (``general conformity'').
State conformity revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
that the Act required the EPA to promulgate. EPA believes it is
reasonable to interpret the conformity SIP requirements as not applying
for purposes of evaluating the redesignation request under section
107(d) since State conformity rules are still required after
redesignation and Federal conformity rules apply where State rules have
not been approved. See, Wall v. EPA, 265 F. 3d 426, 438-440 (6th Cir.
2001), upholding this interpretation. See also, 60 FR 62748 (December
7, 1995).
In the case of the Allentown Area, EPA has also determined that
before being redesignated, the Area need not comply with the
requirement that a NSR program be approved prior to redesignation. EPA
has determined that areas being redesignated need not comply with the
requirement that a NSR program be approved prior to redesignation,
provided that the area demonstrates maintenance of the standard without
Part D NSR in effect. The rationale for this position is described in a
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled, ``Part D NSR Requirements
or Areas Requesting Redesignation to Attainment.'' Normally, State's
Prevention of Significant Deterioration (PSD) program will become
effective in the area immediately upon redesignation to attainment. See
the more detailed explanations in the following redesignation
rulemakings: Detroit, MI (60 FR 12467-12468 (March 7, 1995); Cleveland-
Akron-Lorrain, OH (61 FR 20458, 20469-20470, May 7, 1996); Louisville,
KY (66 FR 53665, 53669, October 23, 2001); Grand Rapids, MI (61 FR
31831, 31836-31837, June 21, 1996). In the case of the Allentown Area
the Chapter 127 Part D NSR regulations in the Pennsylvania SIP
(codified at 40 CFR 52.2020(c)(1)) explicitly apply the requirements
for NSR in section 184 of the Act to ozone attainment areas within the
Ozone Transport Region (OTR). The OTR NSR requirements are more
stringent than that required for a marginal or basic ozone
nonattainment area. On October 19, 2001 (66 FR 53094), EPA fully
approved Pennsylvania's NSR SIP revision consisting of Pennsylvania's
Chapter 127 Part D NSR regulations that cover the Allentown Area.
EPA has also interpreted the section 184 OTR requirements,
including the NSR program, as not being applicable for purposes of
redesignation. The rationale for this is based on two considerations.
First, the requirement to submit SIP revisions for the section 184
requirements continues to apply to areas in the OTR after redesignation
to attainment. Therefore, the State remains obligated to have NSR, as
well as reasonably available control technology (RACT), and Vehicle
Inspection and Maintenance programs even after redesignation. Second,
the section 184
[[Page 1168]]
control measures are region-wide requirements and apply to the
Allentown Area to address ozone transport--not solely by virtue of the
Area's designation and classification. See 61 FR 53174, 53175-53176
(October 10, 1996) and 62 FR 24826, 24830-24832 (May 7, 1997).
3. Part D Nonattainment Area Requirements Under the 1-Hour Standard
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 the Allentown Area must
meet the federal 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 set forth in more
detail below, the Area must also address four additional anti-
backsliding provisions identified by the Court in its decisions.
The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone NAAQS requirements that continue to apply after revocation
of the 1-hour ozone NAAQS to former 1-hour ozone nonattainment areas.
Section 51.905(a)(1)(i) provides that:
``The area remains subject to the obligation to adopt and implement
the applicable requirements as defined in Sec. 51.900(f), except as
provided in paragraph (a)(1)(iii) of paragraph (b) of this section.''
Section 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005),
states that:
Applicable requirements means for an area the following
requirements to the extent such requirements applied to the area for
the area's classification under section 181(a)(1) of the Clean Air Act
for the 1-hour NAAQS at the time of designation for the 8-hour NAAQS.
(1) Reasonably available control technology (RACT).
(2) Inspection and maintenance programs (I/M).
(3) Major source applicability cut-offs for purposes of RACT.
(4) Rate of Progress (ROP) reductions.
(5) Stage II vapor recovery.
(6) Clean fuels fleet program under section 183(c)(4) of the Clean
Air Act.
(7) Clean fuels for boilers under section 182(e)(3) of the Clean
Air Act.
(8) Transportation Control Measures (TCMs) during heavy traffic
hours as required by section 182(e)(4) of the Clean Air Act.
(9) Enhanced (ambient) monitoring under section 182(c)(1) of the
Clean Air Act.
(10) Transportation control measures (TCMs) under section 182(c)(5)
of the Clean Air Act.
(11) Vehicle miles traveled (VMT) provisions of section 182(d)(1)
of the Clean Air Act.
(12) NOX requirements under section 182(f) of the Clean
Air Act.
(13) Attainment demonstration or alternative as provided under
Sec. 51.905(a)(1)(ii).''
Pursuant to 40 CFR 51.905(c), the Allentown Area is subject to the
obligations set forth in Sec. Sec. 51.905(a) and 51.900(f).
Prior to its designation as an 8-hour ozone nonattainment area, the
Allentown Area was designated a marginal nonattainment area for the 1-
hour standard. With respect to the 1-hour standard, the applicable
requirements under the anti-backsliding provisions at 40 CFR
51.905(a)(1) for the Allentown Area are limited to RACT and I/M
programs specified in section 182(a) of the Act and are discussed in
the following paragraphs:
Section 182(a)(2)(A) required SIP revisions to correct or amend
RACT for sources in marginal areas, such as the Allentown Area, that
were subject to control technique guidelines (CTGs) issued before
November 15, 1990 pursuant to Clean Air Act section 108. On December
22, 1994, EPA fully approved into the Pennsylvania SIP all corrections
required under section 182(a)(2)(A) of the Act (59 FR 65971, December
22, 1994). EPA believes that this requirement applies only to marginal
and higher classified areas under the 1-hour NAAQS pursuant to the 1990
amendments to the Act; therefore, this is a one-time requirement. After
an area has fulfilled the section 182(a)(2)(A) requirement for the 1-
hour NAAQS, there is no requirement under the 8-hour NAAQS.
Section 182(a)(2)(B) relates to the savings clause for vehicle
inspection and maintenance (I/M). It requires marginal areas that were
required to adopt an I/M program prior to 1990 to adopt a program
meeting EPA I/M requirements, or to maintain operation of an existing
I/M program.Section 182(a)(2)(B) relates to the savings clause for
vehicle inspection and maintenance programs. It requires marginal areas
to adopt (or if already in effect, to continue operation of) a vehicle
I/M program if a program was required to have been in operation prior
to November 15, 1990. This provision is applicable to the Allentown
area because Northampton and Lehigh Counties had a required I/M program
in place prior to November 15, 1990. Therefore, under this provision,
the Allentown area was required to continue to operate an I/M program,
in accordance with I/M requirements, after 1990. A separate I/M
provision under section 184 of the Act, which requires adoption of an
enhanced I/M program to address ozone transport in certain metropolitan
areas of the Ozone Transport Region also applies to the Allentown Area
and is described below.
In addition the Court held that EPA should have retained four
additional measures in its anti-backsliding provisions: (1)
Nonattainment area NSR ; (2) Section 185 penalty fees; (3) contingency
measures under section 172(c)(9) or 182(c)(9) of the Act; and (4) 1-
hour motor vehicle emission budgets that were yet not replaced by 8-
hour emissions budgets. These requirements are addressed below:
With respect to NSR, EPA has determined that areas being
redesignated need not have an approved nonattainment New Source Review
program, for the same reasons discussed previously with respect to the
applicable Part D requirement for the 8-hour standard.
The section 185 penalty fee requirement was not applicable in the
Allentown 1-hour marginal nonattainment Area.
With respect to the requirement for submission of contingency
measures for the 1-hour standard, section 182(a) does not require
contingency measures for marginal areas.
The conformity portion of the Court's ruling does not impact the
redesignation request for the Allentown Area except to the extent that
the Court in its June 8 decision clarified that for those areas with 1-
hour MVEBs, anti-backsliding requires 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 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.
Thus EPA has concluded that the area has met all requirements
applicable for redesignation under the 1-hour standard.
4. Transport Region Requirements
All areas in the Ozone Transport Region (OTR), both attainment and
nonattainment, are subject to additional control requirements under
section 184 for the purpose of reducing interstate transport of
emissions that may contribute to downwind ozone nonattainment. The
section 184
[[Page 1169]]
requirements include RACT, NSR, enhanced vehicle inspection and
maintenance (I/M), and Stage II vapor recovery or a comparable measure.
In the case of the Allentown Area, which is located in the OTR,
nonattainment NSR will continue to be applicable after redesignation.
On October 19, 2001, EPA approved the 1-hour NSR SIP revision for the
Area. See 66 FR 53094 (October 19, 2001).
EPA has also interpreted the section 184 OTR requirements,
including NSR, as not being applicable for purposes of redesignation.
Reading, PA Redesignation, 61 FR 53174, (October 10, 1996), 62 FR 24826
(May 7, 1997). The rationale for this is based on two considerations.
First, the requirement to submit SIP revisions for the section 184
requirements continues to apply to areas in the OTR after redesignation
to attainment. Therefore, the Commonwealth remains obligated to have
NSR, as well as RACT and I/M, even after redesignation. Second, the
section 184 control measures are region-wide, transport-based
requirements that apply to an area not solely by virtue of the area's
nonattainment designation and classification. Therefore, these measures
are considered not relevant to an action changing an area's
designation. See 61 FR 53174, 53175-53176 (October 10, 1996) and 62 FR
24826, 24830-24832 (May 7, 1997).
5. The Allentown-Bethlehem-Easton Area Has a Fully Approved SIP for
Purposes of Redesignation
EPA has fully approved the Pennsylvania SIP for the purposes of
this redesignation. EPA may rely on prior SIP approvals in approving a
redesignation request. Calcagni Memo, p.3; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F. 3d 984, 989-90 (6th Cir. 1998), Wall
v. EPA, 265 F. 3d 426 (6th Cir. 2001), plus any additional measures it
may approve in conjunction with a redesignation action. See, 68 FR at
25425 (May 12, 2003) and citations therein.
C. The Air Quality Improvement in the Allentown-Bethlehem-Easton Area
Is Due to Permanent and Enforceable Reductions in Emissions Resulting
From Implementation of the SIP and Applicable Federal Air Pollution
Control Regulations and Other Permanent and Enforceable Reductions
EPA believes that the Commonwealth has demonstrated that the
observed air quality improvement in the Allentown Area is due to
permanent and enforceable reductions in emissions resulting from
implementation of the SIP, Federal measures, and other State-adopted
measures. Emissions reductions attributable to these rules are shown in
Table 3.
Table 3.--Total VOC and NOX Emissions for 2002 and 2004 in Tons per Summer Day (tpsd)
----------------------------------------------------------------------------------------------------------------
Stationary Stationary Nonroad Highway
Year point area mobile mobile Total
----------------------------------------------------------------------------------------------------------------
Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
2002........................................... 4.9 28.6 13.6 35.6 82.7
2004........................................... 6.4 28.1 13.0 30.5 78.0
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Difference (2002-04)....................... +1.5 -0.5 -0.6 -5.1 -4.7
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Nitrogen Oxides (NOX)
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2002........................................... 60.0 2.8 13.4 55.1 131.3
2004........................................... 58.8 2.9 12.9 48.3 122.9
Difference (2002-04)....................... -1.2 +0.1 -0.5 -6.8 -8.4
----------------------------------------------------------------------------------------------------------------
Between 2002 and 2004, VOC emissions decreased by 4.7 tpsd from
82.7 tpsd to 78.0 tpsd. During the same period, NOX
emissions decreased by 8.4 tpsd from 131.3 tpsd to 122.9 tpsd. EPA
believes that permanent and enforceable emissions reductions are the
cause of the long-term improvement in ozone levels and are the cause of
the Area achieving attainment of the 8-hour ozone standard. These
reductions, as well as anticipated future reductions, are due to the
following permanent and enforceable measures.
1. Stationary Point Sources
Federal NOX SIP Call (66 FR 43795, August 21, 2001).
2. Stationary Area Sources
Solvent Cleaning (68 FR 2206, January 16, 2003).
Portable Fuel Containers (69 FR 70893, December 8, 2004).
3. Highway Vehicle Sources
Federal Motor Vehicle Control Programs (FMVCP).
--Tier 1 Rule (56 FR 25724, June 5, 1991).
--Tier 2 Rule (65 FR 6698, February 10, 2000).
--Heavy-duty Engine and Vehicle Standards (62 FR 54694, October 21,
1997, and 65 FR 59896, October 6, 2000).
National Low Emission Vehicle (NLEV) Program (64 FR 72564, December
28, 1999).
PA Vehicle Emission Inspection/Maintenance Program (70 FR 58313,
October 6, 2005).
Changes to Vehicle Safety Inspection Program in non-I/M Counties
(70 FR 58313, October 6, 2005).
4. Non-Road Sources
Non-road Diesel Rule (69 FR 38958, June 29, 2004).
D. The Allentown Area Has a Fully Approvable Maintenance Plan Pursuant
to Section 175A of the Clean Air Act
In conjunction with its request to redesignate the Allentown ozone
nonattainment Area to attainment status, Pennsylvania submitted a SIP
revision to provide for maintenance of the 8-hour ozone NAAQS in the
Area for at least 11 years after redesignation. The Commonwealth is
requesting that EPA approve this SIP revision as meeting the
requirement of Clean Air Act section 175A. Once approved, the
maintenance plan for the 8-hour ozone NAAQS will ensure that the SIP
for the Allentown Area meets the requirements of the Act regarding
maintenance of the applicable 8-hour ozone standard.
What Is Required in a Maintenance Plan?
Section 175 of the Act sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under
[[Page 1170]]
section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least 10 years after approval of a
redesignation of an area to attainment. Eight years after the
redesignation, the Commonwealth must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain such
contingency measures, with a schedule for implementation, as EPA deems
necessary to assure prompt correction of any future 8-hour ozone
violations. Section 175A of the Clean Air Act sets forth the elements
of a maintenance plan for areas seeking redesignation from
nonattainment to attainment. The Calcagni memorandum dated September 4,
1992, provides additional guidance on the content of a maintenance
plan. An ozone maintenance plan should address the following
provisions:
(a) An attainment emissions inventory;
(b) A maintenance demonstration;
(c) A monitoring network;
(d) Verification of continued attainment; and
(e) A contingency plan.
Analysis of the Allentown-Bethlehem-Easton Area Maintenance Plan
(a) Attainment inventory--An attainment inventory includes the
emissions during the time period associated with the monitoring data
showing attainment. PADEP determined that the appropriate attainment
inventory year is 2004. That year establishes a reasonable year within
the three-year block of 2004-2006 as a baseline and accounts for
reductions attributable to implementation of the Act requirements to
date. The 2004 inventory is consistent with EPA guidance and is based
on actual ``typical summer day'' emissions of VOC and NOX
during 2004 and consists of a list of sources and their associated
emissions.
The 2002 and 2004 point source data was compiled from actual
sources. Pennsylvania requires owners and operators of larger
facilities to submit annual production figures and emission
calculations each year. Throughput data are multiplied by emission
factors from Factor Information Retrieval (FIRE) Data Systems and EPA's
publication series AP-42, and are based on Source Classification Codes
(SCC). The 2002 area source data was compiled using county-level
activity data, from census numbers, from county numbers, etc. The 2004
area source data was projected from the 2002 inventory using temporal
allocations provided by the Mid-Atlantic Regional Air Management
Association (MARAMA).
The on-road mobile source inventories for 2002 and 2004 were
compiled using MOBILE6.2 and Pennsylvania Department of Transportation
(PENNDOT) estimates for VMT. The PADEP has provided detailed data
summaries to document the calculations of mobile on-road VOC and
NOX emissions for 2002, as well as for the projection years
of 2004, 2009, and 2018 (shown in Tables 5 and 6 below).
The 2002 and 2004 emissions for the majority of non-road emission
source categories were estimated using the EPA NONROAD 2005 model. The
NONROAD model calculates emissions for diesel, gasoline, liquefied
petroleum gasoline, and compressed natural gas-fueled non-road
equipment types and includes growth factors. The NONROAD model does not
estimate emissions from locomotives or aircraft. For 2002 and 2004
locomotive emissions, the PADEP projected emissions from a 1999 survey
using national fuel consumption information and EPA emission and
conversion factors. Emissions from commercial aircraft for 2002 and
2004 are estimated using EPA-approved Emissions & Dispersion Modeling
System (EDMS) 4.20, the latest version available at the time the
inventory was prepared. Emissions from commercial aircraft are
estimated using EPA-approved Emissions & Dispersion Modeling System
(EDMS). Small aircraft emissions were calculated using small airport
statistics from the Federal Aviation Administration's APO Terminal Area
Forecast Report and the Web site www.airnav.com.
More detailed information on the compilation of the 2002, 2004,
2009, and 2018 inventories can found in the Technical Appendices, which
are part of the June 26, 2007 state submittal.
(b) Maintenance Demonstration--On June 26, 2007, the PADEP
submitted a maintenance plan as required by section 175A of the Act.
The Allentown Area maintenance plan shows maintenance of the 8-hour
ozone NAAQS by demonstrating that current and future emissions of VOC
and NOX remain at or below the attainment year 2004
emissions levels throughout the Area through the year 2018. A
maintenance demonstration need not be based on modeling. See Wall v.
EPA, supra; Sierra Club v. EPA, supra. See also, 66 FR at 53099-53100;
68 FR at 25430-25432.
Tables 4 and 5 specify the VOC and NOX emissions for the
Allentown Area for 2004, 2009, and 2018. The PADEP chose 2009 as an
interim year in the maintenance demonstration period to demonstrate
that the VOC and NOX emissions are not projected to increase
above the 2004 attainment level during the time of the maintenance
period.
Table 4.--Total VOC Emissions for 2004-2018 (tpsd)
------------------------------------------------------------------------
Source category 2004 2009 2018
------------------------------------------------------------------------
Stationary Point................. 6.4 5.5 6.6
Stationary Area.................. 28.1 26.7 28.9
Highway Mobile................... 30.5 24.1 14.7
Nonroad Mobile................... 13.0 10.3 8.9
--------------------------------------
Total........................ 78.0 66.6 59.1
------------------------------------------------------------------------
Table 5.--Total NOX Emissions for 2004-2018 (tpsd)
------------------------------------------------------------------------
Source category 2004 2009 2018
------------------------------------------------------------------------
Point............................ 58.8 58.3 66.6
Area............................. 2.9 3.1 3.2
Highway Mobile................... 48.3 34.8 15.4
Nonroad Mobile................... 12.9 11.0 6.6
--------------------------------------
[[Page 1171]]
Total........................ 122.9 107.2 91.8
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Additionally, the following programs are either effective or due to
become effective and will further contribute to the maintenance
demonstration of the 8-hour ozone NAAQS:
The Clean Air Interstate Rule (71 FR 25328, April 28,
2006).
The Federal NOX SIP Call (66 FR 43795, August
21, 2001).
Portable Fuel Containers Rule (69 FR 70893, December 8,
2004).
Consumer Products Rule (69 FR 70895, December 8,