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 Area's Maintenance Plan and 2002 Base Year Inventory, 11557-11560 [E8-4029]

Download as PDF 11557 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 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 May 5, 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 may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Subpart Q—Iowa 2. In § 52.820 table (e) is amended by adding an entry in numerical order to read as follows: I Dated: February 15, 2008. John B. Askew, Regional Administrator, Region 7. § 52.820 * Chapter I, title 40 of the Code of Federal Regulations is amended as follows: I Identification of plan. * * (e) * * * * * EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date EPA approval date * * (38) CAA 110(a)(1) and (2)—Ozone Infrastructure SIP. * * Statewide ......................................... 6/15/07 ......... * * 3/04/08 [insert FR page number where the document begins]. [FR Doc. E8–4042 Filed 3–3–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 and 81 [EPA–R03–OAR–2007–0606; FRL–8536–5] 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 Area’s Maintenance Plan and 2002 Base Year Inventory Environmental Protection Agency (EPA). ACTION: Final rule. rwilkins on PROD1PC63 with RULES 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 Allentown-Bethlehem-Easton Ozone Nonattainment Area (or also referred to here as the Allentown Area, or simply the Area) be redesignated as attainment for the 8-hour ozone ambient air quality standard (NAAQS). The AllentownBethlehem-Easton Area is composed of Carbon, Lehigh, and Northampton Counties. EPA is approving the ozone VerDate Aug<31>2005 16:57 Mar 03, 2008 Jkt 214001 redesignation request for the Allentown Area. In conjunction with its redesignation request, PADEP 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 approving the 8-hour maintenance plan. PADEP also submitted a 2002 base year inventory for the Allentown Area, which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Allentown-Bethlehem-Easton Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. 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). Effective Date: This final rule is effective on April 3, 2008. DATES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2007–0606. All documents in the docket are listed in the www.regulations.gov website. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information ADDRESSES: PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 Explanation * 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 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: I. Background On January 7, 2008 (73 FR 1162), 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 Allentown-Bethlehem-Easton Area that provide for continued attainment of E:\FR\FM\04MRR1.SGM 04MRR1 rwilkins on PROD1PC63 with RULES 11558 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations 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 Area. The formal SIP revisions were submitted by PADEP on June 26, 2007, with technical correction SIP revision concerning emissions inventory data submitted on August 9, 2007. Other specific requirements of Pennsylvania’s redesignation request and maintenance plan SIP revisions, and the rationale 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 D.C. Circuit clarified that the Phase 1 Rule was vacated only with regard to those parts of the rule that had been successfully challenged. Therefore, the Phase 1 Rule provisions related to classifications for areas currently classified under subpart 2 of Title I, part D of the Act as 8-hour nonattainment areas, the 8-hour attainment dates, and the timing for emissions reductions needed for attainment of the 8-hour ozone NAAQS remain effective. The June 8 decision left intact the Court’s rejection of EPA’s reasons for implementing the 8-hour standard in certain nonattainment areas under subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let stand EPA’s revocation of the 1-hour standard and those anti-backsliding provisions of the Phase 1 Rule that had not been successfully challenged. The June 8 decision reaffirmed the December 22, 2006 decision that EPA had improperly failed to retain measures required for 1hour nonattainment areas under the anti-backsliding provisions of the regulations: (1) Nonattainment area New Source Review (NSR) requirements based on an area’s 1-hour nonattainment classification; (2) Section 185 penalty fees for 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 VerDate Aug<31>2005 16:18 Mar 03, 2008 Jkt 214001 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 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 26, 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 Allentown-Bethlehem-Easton Area has attained the 8-hour ozone standard. The final approval of this redesignation request will change the designation of the Area from nonattainment to attainment for the 8-hour ozone standard. EPA is approving the maintenance plan for the AllentownBethlehem-Easton Area submitted on June 26, 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 26, 2007 (as well as a technical correction SIP including omitted emissions inventory information submitted on August 9, 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 nitrogen oxides (NOX) and volatile organic compounds (VOC) in the Allentown-BethlehemEaston Area for the 8-hour ozone PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 maintenance plan are adequate and approved for conformity purposes. As a result of our finding, the Area must use the MVEBs from the submitted 8-hour ozone maintenance plan for future conformity determinations. There are two separate metropolitan planning organizations (MPOs) responsible for transportation planning within the Allentown-Bethlehem-Easton Area. They are the Lehigh Valley Transportation Study MPO (for Lehigh and Northampton Counties), and the Northeastern Pennsylvania Alliance (for Carbon County). The adequate and approved MVEBs for each MPO within the Allentown-Bethlehem-Easton Area are provided in the following tables: ADEQUATE AND APPROVED MOTOR VEHICLE EMISSIONS BUDGETS FOR THE LEHIGH VALLEY TRANSPORTATION STUDY MPO (COVERING THE LEHIGH AND NORTHAMPTON COUNTIES PORTION OF THE ALLENTOWNBETHLEHEM-EASTON AREA) (2009 & 2018) [In tons per summer day (TPSD)] Budget year 2009 ...................................... 2018 ...................................... VOC 20.6 12.4 NOX 28.9 12.4 ADEQUATE AND APPROVED MOTOR VEHICLE EMISSIONS BUDGETS FOR THE NORTHEASTERN PENNSYLVANIA ALLIANCE MPO (COVERING THE CARBON COUNTY PORTION OF THE ALLENTOWN-BETHLEHEM-EASTON AREA) (2009 & 2018) [In tons per summer day (TPSD)] Budget year 2009 ...................................... 2018 ...................................... VOC 3.4 2.3 NOX 5.9 3.0 The Allentown 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 E:\FR\FM\04MRR1.SGM 04MRR1 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations 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 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, Name of nonregulatory SIP revision 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.). Court of Appeals for the appropriate circuit by May 5, 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 AllentownBethlehem-Easton Area to attainment for the 8-hour ozone NAAQS, the associated maintenance plan, the 2002 base year emission inventory, and the MVEBs identified in the maintenance plan, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 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). 40 CFR Part 81 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 Applicable geographic area State submittal date rwilkins on PROD1PC63 with RULES * * * 8-Hour Ozone Maintenance Allentown-Bethlehem-Easton Plan and 2002 Base Year Area: Carbon, Lehigh, and Emissions Inventory. Northampton, Counties. VerDate Aug<31>2005 16:18 Mar 03, 2008 Jkt 214001 11559 PO 00000 Frm 00043 * 06/26/07, 08/9/07 Fmt 4700 Sfmt 4700 List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Air pollution control, National parks, Wilderness areas. Dated: February 21, 2008. Donald S. Welsh, 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) * * * (1) * * * * Additional explanation EPA approval date * 03/04/08 [Insert page number where the document begins]. E:\FR\FM\04MRR1.SGM 04MRR1 * * * Technical correction dated 08/9/07 addresses omitted emissions inventory information from 06/26/07 submittals. 11560 * Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations * * * Authority: 42 U.S.C. 7401 et seq. * Easton, PA, Carbon County, Lehigh County, Northampton County, to read as follows: 4. In § 81.339, the table entitled ‘‘Pennsylvania—Ozone (8-Hour Standard)’’ is amended by revising the entry for the Allentown-BethlehemI PART 81—[AMENDED] 3. The authority citation for part 81 continues to read as follows: I § 81.339 * Pennsylvania * * * * PENNSYLVANIA—OZONE (8-HOUR STANDARD) Designation a Category/ classification Designated area Date 1 * * * * Allentown-Bethlehem-Easton, PA: Carbon County Lehigh County Northampton County * * * * Type * 04/03/08 Date 1 * Attainment. * * Type * * a Includes 1 This * Indian County located in each county or area, except otherwise noted. date is June 15, 2004, unless otherwise noted. * * * * [FR Doc. E8–4029 Filed 3–3–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R03–OAR–2007–0324; EPA–R03– OAR–2007–0476; EPA–R03–OAR–2007– 0344; FRL–8536–6 ] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of 8-Hour Ozone Nonattainment Areas to Attainment and Approval of the Areas’ Maintenance Plans and 2002 BaseYear Inventories; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correcting amendment. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: This document corrects an error in the preamble language of the final rules pertaining to EPA’s approval of the redesignation of Erie, Youngstown, and Cambria 8-hour ozone nonattainment areas to attainment, maintenance plans, and 2002 base year inventories submitted by the Commonwealth of Pennsylvania. DATES: Effective Date: March 4, 2008. FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814–2182 or by e-mail at quinto.rose@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we’’ or ‘‘our’’ are used we mean EPA. On January 14, 2008 (73 FR 2162), we published a final rule correcting final rules for Erie and Youngstown Areas. On August 1, 2007 (72 FR 41905), we published a final rulemaking action VerDate Aug<31>2005 16:18 Mar 03, 2008 Jkt 214001 announcing our approval and promulgation of Pennsylvania’s redesignation of the Cambria 8-hour ozone nonattainment area to attainment and approval of the associated maintenance plan and 2002 base year inventory. In these documents, EPA inadvertently printed the incorrect categories of volatile organic compound (VOC) and nitrogen oxide (NOX) in a table entitled ‘‘Adequate and Approved Motor Vehicle Emission Budgets (MVEBs).’’ This action corrects the tables in the final rulemaking actions correcting the categories of VOC and NOX for the MVEBs for Erie, Youngstown, and Cambria Areas. ADEQUATE AND APPROVED MOTOR VEHICLE EMISSIONS BUDGETS IN TONS PER DAY (TPD)—Continued Budget year 2018 ...................................... 3.0 NOX 5.3 (3) Johnstown (Cambria County) Ozone Nonattainment Area (Cambria Area). In rule document E7–14745, on page 41905, the table is corrected as follows: ADEQUATE AND APPROVED MOTOR VEHICLE EMISSIONS BUDGETS IN TONS PER DAY (TPD) Corrections Budget year (1) Erie County, Pennsylvania Ozone Nonattainment Area (Erie Area). In rule document E8–277, on page 2162, the table is corrected as follows: VOC 2009 ...................................... 2018 ...................................... VOC 3.8 2.3 NOX 5.6 2.7 Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), ADEQUATE AND APPROVED MOTOR provides that, when an agency for good VEHICLE EMISSIONS BUDGETS IN cause finds that notice and public procedure are impracticable, TONS PER DAY (TPD) unnecessary or contrary to the public interest, the agency may issue a rule Budget year VOC NOX without providing notice and an 2009 ...................................... 6.9 16.1 opportunity for public comment. We 2018 ...................................... 4.5 7.3 have determined that there is good cause for making today’s rule final (2) Mercer County Portion of the without prior proposal and opportunity Youngstown-Warren-Sharon, OH-PA for comment because this rule is not Ozone Nonattainment Area substantive and imposes no regulatory (Youngstown Area). requirements, but merely corrects a In rule document E8–277, on page citation in a previous action. Thus, 2163, the table is corrected as follows: notice and public procedure are unnecessary. We find that this ADEQUATE AND APPROVED MOTOR constitutes good cause under 5 U.S.C. VEHICLE EMISSIONS BUDGETS IN 553(b)(B). TONS PER DAY (TPD) Budget year VOC 2009 ...................................... PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 4.5 NOX 11.6 Statutory and Executive Order Reviews Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory E:\FR\FM\04MRR1.SGM 04MRR1

Agencies

[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Rules and Regulations]
[Pages 11557-11560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4029]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R03-OAR-2007-0606; FRL-8536-5]


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 Area's 
Maintenance Plan and 2002 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 
Allentown-Bethlehem-Easton Ozone Nonattainment Area (or also referred 
to here as the Allentown Area, or simply the Area) be redesignated as 
attainment for the 8-hour ozone ambient air quality standard (NAAQS). 
The Allentown-Bethlehem-Easton Area is composed of Carbon, Lehigh, and 
Northampton Counties. EPA is approving the ozone redesignation request 
for the Allentown Area. In conjunction with its redesignation request, 
PADEP 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 approving 
the 8-hour maintenance plan. PADEP also submitted a 2002 base year 
inventory for the Allentown Area, which EPA is approving. In addition, 
EPA is approving the adequacy determination for the motor vehicle 
emission budgets (MVEBs) that are identified in the Allentown-
Bethlehem-Easton Area maintenance plan for purposes of transportation 
conformity, and is approving those MVEBs. 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 April 3, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0606. All documents in the docket are listed in 
the www.regulations.gov website. 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 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: 

I. Background

    On January 7, 2008 (73 FR 1162), 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 Allentown-Bethlehem-Easton Area that provide for 
continued attainment of

[[Page 11558]]

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 Area. The formal SIP revisions were submitted by PADEP on June 26, 
2007, with technical correction SIP revision concerning emissions 
inventory data submitted on August 9, 2007. Other specific requirements 
of Pennsylvania's redesignation request and maintenance plan SIP 
revisions, and the rationale 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 D.C. Circuit clarified that the Phase 1 Rule was vacated 
only with regard to those parts of the rule that had been successfully 
challenged. Therefore, the Phase 1 Rule provisions related to 
classifications for areas currently classified under subpart 2 of Title 
I, part D of the 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 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 26, 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 
Allentown-Bethlehem-Easton Area has attained the 8-hour ozone standard. 
The final approval of this redesignation request will change the 
designation of the Area from nonattainment to attainment for the 8-hour 
ozone standard. EPA is approving the maintenance plan for the 
Allentown-Bethlehem-Easton Area submitted on June 26, 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 26, 2007 (as well as a technical correction 
SIP including omitted emissions inventory information submitted on 
August 9, 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 nitrogen oxides (NOX) and volatile 
organic compounds (VOC) in the Allentown-Bethlehem-Easton Area for the 
8-hour ozone maintenance plan are adequate and approved for conformity 
purposes. As a result of our finding, the Area must use the MVEBs from 
the submitted 8-hour ozone maintenance plan for future conformity 
determinations. There are two separate metropolitan planning 
organizations (MPOs) responsible for transportation planning within the 
Allentown-Bethlehem-Easton Area. They are the Lehigh Valley 
Transportation Study MPO (for Lehigh and Northampton Counties), and the 
Northeastern Pennsylvania Alliance (for Carbon County). The adequate 
and approved MVEBs for each MPO within the Allentown-Bethlehem-Easton 
Area are provided in the following tables:

  Adequate and Approved Motor Vehicle Emissions Budgets for the Lehigh
  Valley Transportation Study MPO (Covering the Lehigh and Northampton
 Counties Portion of the Allentown-Bethlehem-Easton Area) (2009 & 2018)
                     [In tons per summer day (TPSD)]
------------------------------------------------------------------------
                       Budget year                          VOC     NOX
------------------------------------------------------------------------
2009....................................................    20.6    28.9
2018....................................................    12.4    12.4
------------------------------------------------------------------------


      Adequate and Approved Motor Vehicle Emissions Budgets for the
   Northeastern Pennsylvania Alliance MPO (Covering the Carbon County
      Portion of the Allentown-Bethlehem-Easton Area) (2009 & 2018)
                     [In tons per summer day (TPSD)]
------------------------------------------------------------------------
                       Budget year                          VOC     NOX
------------------------------------------------------------------------
2009....................................................     3.4     5.9
2018....................................................     2.3     3.0
------------------------------------------------------------------------

    The Allentown 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

[[Page 11559]]

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 May 5, 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 Allentown-Bethlehem-
Easton Area to attainment for the 8-hour ozone NAAQS, the associated 
maintenance plan, the 2002 base year emission inventory, and the MVEBs 
identified in the maintenance plan, may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: February 21, 2008.
Donald S. Welsh,
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) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
  Name of non- regulatory SIP       Applicable                                                     Additional
           revision              geographic  area   State  submittal  date   EPA approval date     explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Maintenance Plan   Allentown-         06/26/07, 08/9/07.......  03/04/08 [Insert   Technical
 and 2002 Base Year Emissions    Bethlehem-Easton                             page number        correction
 Inventory.                      Area: Carbon,                                where the          dated 08/9/07
                                 Lehigh, and                                  document begins].  addresses
                                 Northampton,                                                    omitted
                                 Counties.                                                       emissions
                                                                                                 inventory
                                                                                                 information
                                                                                                 from 06/26/07
                                                                                                 submittals.
----------------------------------------------------------------------------------------------------------------


[[Page 11560]]

* * * * *

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:


    Authority: 42 U.S.C. 7401 et seq.


0
4. In Sec.  81.339, the table entitled ``Pennsylvania--Ozone (8-Hour 
Standard)'' is amended by revising the entry for the Allentown-
Bethlehem-Easton, PA, Carbon County, Lehigh County, Northampton 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Allentown-Bethlehem-Easton, PA:         04/03/08  Attainment.
 Carbon County Lehigh County
 Northampton County.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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. E8-4029 Filed 3-3-08; 8:45 am]
BILLING CODE 6560-50-P
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