Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the York (York and Adams Counties) 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan and 2002 Base Year Inventory, 2163-2166 [E8-268]
Download as PDF
<![CDATA[
2163
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations
(3) Mercer County Portion of the
Youngstown-Warren-Sharon, OH–PA
Ozone Nonattainment Area
(Youngstown Area)
In rule document E7–20567, on page
59214, the table is corrected as follows:
ADEQUATE AND APPROVED MOTOR VEHICLE EMISSIONS BUDGETS IN TONS PER DAY (TPD)
Budget Year
NOX
2009 .........................................................................................................................................................................
2018 .........................................................................................................................................................................
rmajette on PROD1PC64 with RULES
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
cause for making today’s rule final
without prior proposal and opportunity
for comment because this rule is not
substantive and imposes no regulatory
requirements, but merely corrects a
citation in a previous action. Thus,
notice and public procedure are
unnecessary. We find that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore 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)). Because the agency has made
a ‘‘good cause’’ finding that this action
is not subject to notice-and-comment
requirements under the Administrative
Procedures Act or any other statute as
indicated in the Supplementary
Information section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C 601 et seq), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This 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
VerDate Aug<31>2005
15:18 Jan 11, 2008
Jkt 214001
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 governments, as specified by
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it
approves a state rule implementing a
Federal standard.
This technical correction action does
not involve technical standards; 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. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this 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, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) 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 does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq).
The Congressional Review Act (5
U.S.C. 801 et seq.), as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
VOC
4.5
3.0
11.6
5.3
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA had
made such a good cause finding,
including the reasons therefore, and
established an effective date of January
14, 2008. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. These corrections
to the tables on the MVEBs for Reading,
Erie, and Youngstown, Pennsylvania are
not ‘‘major rules’’ as defined by 5 U.S.C.
804(2).
Dated: December 27, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8–277 Filed 1–11–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2007–0625; FRL–8515–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation of the
York (York and Adams Counties) 8Hour Ozone Nonattainment Area to
Attainment and Approval of the Area’s
Maintenance Plan and 2002 Base Year
Inventory
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The Pennsylvania
Department of Environmental Protection
(PADEP) is requesting that the York
(York and Adams Counties) ozone
nonattainment area (York Area) be
redesignated as attainment for the 8hour ozone ambient air quality standard
(NAAQS). EPA is approving the ozone
redesignation request for York Area. In
conjunction with its redesignation
request, PADEP submitted a SIP
revision consisting of a maintenance
plan for York Area, which EPA is
E:\FR\FM\14JAR1.SGM
14JAR1
2164
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations
rmajette on PROD1PC64 with RULES
approving, that provides for continued
attainment of the 8-hour ozone NAAQS
for at least 10 years after redesignation.
EPA is also approving the motor vehicle
emission budgets (MVEBs) and the
adequacy determination for those
MVEBs that are identified in the York
Area maintenance plan for purposes of
transportation conformity. In addition,
EPA is approving the 2002 base year
inventory for the York Area that PADEP
submitted. EPA is approving the
redesignation request, the maintenance
plan, and the 2002 base year emissions
inventory as revisions to the
Pennsylvania SIP in accordance with
the requirements of the Clean Air Act
(CAA).
DATES: Effective Date: This final rule is
effective on February 13, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0625. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environment Protection,
Bureau of Air Quality Control, P.O. Box
8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 24, 2007 (72 FR 60296),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of
Pennsylvania’s redesignation request
and maintenance plan SIP revisions for
the York Area that provide for
continued attainment of the 8-hour
ozone NAAQS for at least 10 years after
redesignation. The NPR also proposed
approval of a 2002 base year emissions
VerDate Aug<31>2005
15:18 Jan 11, 2008
Jkt 214001
inventory for the York Area. The formal
SIP revisions were submitted by PADEP
on June 14, 2007. Other specific
requirements of Pennsylvania’s
redesignation request and maintenance
plan SIP revisions, and the rationales for
EPA’s proposed actions, are explained
in the NPR and will not be restated here.
No public comments were received on
the NPR.
However, on December 22, 2006, the
U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA’s Phase 1
Implementation Rule for the 8-hour
Ozone Standard. (69 FR 23591, April 30,
2004). South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882
(D.C.Cir. 2006). On June 8, 2007, in
South Coast Air Quality Management
Dist. v. EPA, Docket No. 04–1201, in
response to several petitions for
rehearing, the 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 CAA as 8-hour nonattainment
areas, the 8-hour attainment dates and
the timing for emissions reductions
needed for attainment of the 8-hour
ozone NAAQS remain effective. The
June 8 decision left intact the Court’s
rejection of EPA’s reasons for
implementing the 8-hour standard in
certain nonattainment areas under
subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand
EPA’s revocation of the 1-hour standard
and those anti-backsliding provisions of
the Phase 1 Rule that had not been
successfully challenged. The June 8
decision reaffirmed the December 22,
2006 decision that EPA had improperly
failed to retain measures required for 1hour nonattainment areas under the
anti-backsliding provisions of the
regulations: (1) Nonattainment area New
Source Review (NSR) requirements
based on an area’s 1-hour nonattainment
classification; (2) Section 185 penalty
fees for the 1-hour severe or extreme
nonattainment areas; and (3) measures
to be implemented pursuant to section
172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making
reasonable further progress toward
attainment of the 1-hour NAAQS, or for
failure to attain 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 the 1-hour motor
vehicle emissions budgets until 8-hour
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
budgets were available for 8-hour
conformity determinations, which is
already required under EPA’s
conformity regulations. The Court thus
clarified the 1-hour conformity
determinations are not required for antibacksliding purposes.
For the reasons set forth in the
proposal, EPA does not believe that the
Court’s rulings alter any requirements
relevant to this redesignation action so
as to preclude redesignation, and do not
prevent EPA from finalizing this
redesignation. EPA believes that the
Court’s December 22, 2006 and June 8,
2007 decisions impose no impediment
to moving forward with redesignation of
this area to attainment, because even in
the light of the Court’s decisions,
redesignation is appropriate under the
relevant redesignation provisions of the
CAA and longstanding policies
regarding redesignation requests.
II. Final Action
EPA is approving the Commonwealth
of Pennsylvania’s redesignation request,
maintenance plan, and 2002 base year
emissions inventory SIP revisions
because they satisfy the requirements
for approval. EPA has evaluated
Pennsylvania’s redesignation request
that was submitted on June 14, 2007 and
determined that it meets the
redesignation criteria set forth in section
107(d)(3)(E) of the CAA. EPA believes
that the redesignation request and
monitoring data demonstrate that the
York Area has attained the 8-hour ozone
standard. The final approval of this
redesignation request will change the
designation of the York Area from
nonattainment to attainment for the 8hour ozone standard. EPA is approving
the maintenance plan for the York Area
submitted on June 14, 2007 as a revision
to the Pennsylvania SIP. EPA is also
approving the MVEBs submitted by
PADEP in conjunction with its
redesignation request. In addition, EPA
is approving the 2002 base year
emissions inventory submitted by
PADEP on June 14, 2007 as a revision
to the Pennsylvania SIP. In this final
rulemaking, EPA is notifying the public
that we have found that the MVEBs for
NOX and VOCs in the York Area for the
8-hour ozone maintenance plan are
adequate and approved for conformity
purposes. As a result of our finding, the
York Area must use the MVEBs from the
submitted 8-hour ozone maintenance
plan for future conformity
determinations. The adequate and
approved MVEBs are provided in the
following table:
E:\FR\FM\14JAR1.SGM
14JAR1
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations
2165
ADEQUATE AND APPROVED MOTOR VEHICLE EMISSIONS BUDGETS IN TONS PER DAY (TPD)
Budget year
VOC
2009 .........................................................................................................................................................................
2018 .........................................................................................................................................................................
The York Area is subject to the CAA’s
requirement for the basic nonattainment
areas until and unless it is redesignated
to attainment.
rmajette on PROD1PC64 with RULES
III. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Redesignation is an action
that affects the status of a geographical
area and does not impose any new
regulatory requirements on sources.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.). Because this rule approves preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
This final rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Because this action affects the status of
a geographical area, does not impose
any new requirements on sources, or
allows the state to avoid adopting or
implementing other requirements, this
action also does not have federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
VerDate Aug<31>2005
15:18 Jan 11, 2008
Jkt 214001
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the CAA. This rule also is not subject
to Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it approves a
state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Redesignation is an action that
affects the status of a geographical area
and does not impose any new
requirements on sources. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501, et seq.).
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801, et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This rule is not a
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
NOX
15.9
9.0
22.8
10.0
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 14, 2008. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action.
This action, approving the
redesignation of the York Area to
attainment for the 8-hour ozone
NAAQS, the associated maintenance
plan, the MVEBs identified in the
maintenance plan and the 2002 base
year emission inventory, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Dated: December 27, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
40 CFR parts 52 and 81 are amended
as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry at
the end of the table to read as follows:
I
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\14JAR1.SGM
14JAR1
*
*
2166
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations
(1) * * *
Name of non-regulatory
SIP revision
*
*
8-Hour Ozone Maintenance Plan and 2002
Base Year Emissions Inventory.
*
*
*
*
State
submittal
date
EPA
approval date
06/14/
07.
*
*
01/14/08, [Insert page
number where the document begins].
Applicable
geographic area
*
*
York, PA: Adams County,
York County.
Authority: 42 U.S.C. 7401, et seq.
*
4. In § 81.339, the table entitled
‘‘Pennsylvania—Ozone (8-Hour
Standard)’’ is amended by revising the
I
PART 81—[AMENDED]
3. The authority citation for part 81
continues to read as follows:
I
Additional
explanation
*
entry for York, PA, Adams County and
York County to read as follows:
§ 81.339
*
*
Pennsylvania.
*
*
*
PENNSYLVANIA-OZONE (8-HOUR STANDARD)
Designation a
Category/classification
Designated area
Date 1
*
*
*
York, PA: Adams County, York County ..................................
Date 1
*
02/13/08
Type
*
Type
*
*
Attainment.
a Includes
1 This
*
Indian County located in each county or area, except otherwise noted.
date is June 15, 2004, unless otherwise noted.
*
*
*
Regulations Management Division,
Office of Governmentwide Policy,
General Services Administration, at
(202) 501–1737, or by e-mail at
Stanley.langfeld@gsa.gov. Please cite
FMR case 2007–102-5, Amendment
2008–02.
*
[FR Doc. E8–268 Filed 1–11–08; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
SUPPLEMENTARY INFORMATION:
41 CFR Part 102–72
A. Background
[FMR Amendment 2008–02; FMR Case
2007–102–5]
RIN 3090–AI44
Federal Management Regulation;
Delegated Leasing Authority, Real
Property Policies Update
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
rmajette on PROD1PC64 with RULES
AGENCY:
SUMMARY: The General Services
Administration is amending the Federal
Management Regulation (FMR) to limit
General Purpose leasing delegations for
space acquisitions up to a maximum of
19,999 rentable square feet.
DATES: Effective Date: January 14, 2008.
FOR FURTHER INFORMATION CONTACT The
Regulatory Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202)
501–4755, for information pertaining to
status or publication schedules. For
clarification of content, contact Mr.
Stanley C. Langfeld, Director,
VerDate Aug<31>2005
15:18 Jan 11, 2008
Jkt 214001
The Government Accountability
Office and the General Services
Administration Office of Inspector
General have reported that some Federal
agencies using the delegated leasing
authority issued to Federal agencies on
September 25, 1996, are not following
properly the instructions specified as a
condition for use of the leasing
delegation. To address the concerns
raised by these audits, to facilitate
compliance with all applicable laws and
regulations governing the acquisition of
real property leasehold interests, and to
minimize risk to the Federal Buildings
Fund, GSA will no longer authorize
General Purpose leasing delegations for
space acquisitions in excess of 19,999
rentable square feet.
B. Executive Order 12866
The General Services Administration
has determined that this final rule is not
a significant regulatory action for the
purposes of Executive Order 12866.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
C. Regulatory Flexibility Act
This final rule is not required to be
published in the Federal Register for
comment. Therefore, the Regulatory
Flexibility Act does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FMR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501 et seq.
E. Small Business Regulatory
Enforcement Fairness Act
This final rule is exempt from
Congressional review under 5 U.S.C.
801, since it relates solely to agency
management and personnel.
List of Subjects in 41 CFR Part 102–72
Delegations of Authority
Dated: December 14, 2007.
Lurita A. Doan
Administrator of General Services.
For the reasons set forth in the
preamble, GSA amends 41 CFR § 102–
72 as set forth below:
I
PART 102–72—DELEGATION OF
AUTHORITY
1. The authority citation for 41 CFR
part 102–72 continues to read as
follows:
I
Authority: 40 U.S.C. 121(c), (d) and (e).
E:\FR\FM\14JAR1.SGM
14JAR1
]]>Agencies
[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Rules and Regulations]
[Pages 2163-2166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-268]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2007-0625; FRL-8515-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the York (York and Adams Counties) 8-
Hour Ozone Nonattainment Area to Attainment and Approval of the Area's
Maintenance Plan and 2002 Base Year Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The Pennsylvania
Department of Environmental Protection (PADEP) is requesting that the
York (York and Adams Counties) ozone nonattainment area (York Area) be
redesignated as attainment for the 8-hour ozone ambient air quality
standard (NAAQS). EPA is approving the ozone redesignation request for
York Area. In conjunction with its redesignation request, PADEP
submitted a SIP revision consisting of a maintenance plan for York
Area, which EPA is
[[Page 2164]]
approving, that provides for continued attainment of the 8-hour ozone
NAAQS for at least 10 years after redesignation. EPA is also approving
the motor vehicle emission budgets (MVEBs) and the adequacy
determination for those MVEBs that are identified in the York Area
maintenance plan for purposes of transportation conformity. In
addition, EPA is approving the 2002 base year inventory for the York
Area that PADEP submitted. EPA is approving the redesignation request,
the maintenance plan, and the 2002 base year emissions inventory as
revisions to the Pennsylvania SIP in accordance with the requirements
of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on February 13,
2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0625. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environment
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 24, 2007 (72 FR 60296), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR
proposed approval of Pennsylvania's redesignation request and
maintenance plan SIP revisions for the York Area that provide for
continued attainment of the 8-hour ozone NAAQS for at least 10 years
after redesignation. The NPR also proposed approval of a 2002 base year
emissions inventory for the York Area. The formal SIP revisions were
submitted by PADEP on June 14, 2007. Other specific requirements of
Pennsylvania's redesignation request and maintenance plan SIP
revisions, and the rationales for EPA's proposed actions, are explained
in the NPR and will not be restated here. No public comments were
received on the NPR.
However, on December 22, 2006, the U.S. Court of Appeals for the
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard. (69 FR 23591, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C.Cir.
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v.
EPA, Docket No. 04-1201, in response to several petitions for
rehearing, the 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 CAA 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 the 1-hour severe or
extreme nonattainment areas; and (3) measures to be implemented
pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making reasonable further progress toward
attainment of the 1-hour NAAQS, or for failure to attain 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 the 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 the 1-hour conformity
determinations are not required for anti-backsliding purposes.
For the reasons set forth in the proposal, EPA does not believe
that the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006 and June 8, 2007 decisions impose no
impediment to moving forward with redesignation of this area to
attainment, because even in the light of the Court's decisions,
redesignation is appropriate under the relevant redesignation
provisions of the CAA and longstanding policies regarding redesignation
requests.
II. Final Action
EPA is approving the Commonwealth of Pennsylvania's redesignation
request, maintenance plan, and 2002 base year emissions inventory SIP
revisions because they satisfy the requirements for approval. EPA has
evaluated Pennsylvania's redesignation request that was submitted on
June 14, 2007 and determined that it meets the redesignation criteria
set forth in section 107(d)(3)(E) of the CAA. EPA believes that the
redesignation request and monitoring data demonstrate that the York
Area has attained the 8-hour ozone standard. The final approval of this
redesignation request will change the designation of the York Area from
nonattainment to attainment for the 8-hour ozone standard. EPA is
approving the maintenance plan for the York Area submitted on June 14,
2007 as a revision to the Pennsylvania SIP. EPA is also approving the
MVEBs submitted by PADEP in conjunction with its redesignation request.
In addition, EPA is approving the 2002 base year emissions inventory
submitted by PADEP on June 14, 2007 as a revision to the Pennsylvania
SIP. In this final rulemaking, EPA is notifying the public that we have
found that the MVEBs for NOX and VOCs in the York Area for
the 8-hour ozone maintenance plan are adequate and approved for
conformity purposes. As a result of our finding, the York Area must use
the MVEBs from the submitted 8-hour ozone maintenance plan for future
conformity determinations. The adequate and approved MVEBs are provided
in the following table:
[[Page 2165]]
Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
(TPD)
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2009.................................... 15.9 22.8
2018.................................... 9.0 10.0
------------------------------------------------------------------------
The York Area is subject to the CAA's requirement for the basic
nonattainment areas until and unless it is redesignated to attainment.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on sources.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This final rule also does
not have tribal implications because it will not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes, as specified by Executive Order 13175 (65 FR 67249, November 9,
2000). Because this action affects the status of a geographical area,
does not impose any new requirements on sources, or allows the state to
avoid adopting or implementing other requirements, this action also
does not have federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it approves a state rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Redesignation is an action that
affects the status of a geographical area and does not impose any new
requirements on sources. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501, et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 14, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action, approving the redesignation of the York Area to
attainment for the 8-hour ozone NAAQS, the associated maintenance plan,
the MVEBs identified in the maintenance plan and the 2002 base year
emission inventory, may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: December 27, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
0
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
an entry at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
[[Page 2166]]
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Maintenance Plan York, PA: Adams 06/14/07.......... 01/14/08, [Insert
and 2002 Base Year Emissions County, York page number where
Inventory. County. the document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In Sec. 81.339, the table entitled ``Pennsylvania--Ozone (8-Hour
Standard)'' is amended by revising the entry for York, PA, Adams County
and York County to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania-Ozone (8-hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
York, PA: Adams County, York County..... 02/13/08 Attainment...............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. E8-268 Filed 1-11-08; 8:45 am]
BILLING CODE 6560-50-P
