Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for the Warren County Area, 23998-24000 [E8-9613]

Download as PDF 23998 Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2008–0183; FRL–8561–1] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for the Warren County Area Environmental Protection Agency (EPA). ACTION: Proposed rule. rfrederick on PROD1PC67 with PROPOSALS AGENCY: SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8-hour ozone national ambient air quality standard (NAAQS) for at least 10 years after the April 30, 2004 designations, as well as, a 2002 base-year inventory for the Warren County Area. EPA is proposing approval of the maintenance plan and the 2002 base-year inventory in accordance with the requirements of the Clean Air Act (CAA). DATES: Written comments must be received on or before June 2, 2008. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2008–0183 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov C. Mail: EPA–R03–OAR–2008–0183, 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–2008– 0183. 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 VerDate Aug<31>2005 15:14 Apr 30, 2008 Jkt 214001 whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an (anonymous access( system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov. SUPPLEMENTARY INFORMATION: On December 17, 2007, PADEP formally submitted for approval, under section 110(a)(1) of the CAA, a SIP revision for the 8-hour ozone maintenance plan and the 2002 base-year inventory for the Warren County Area. I. Background Section 110(a)(1) of the CAA requires that states submit to EPA plans to PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 maintain the NAAQS promulgated by EPA. EPA interprets this provision to require that areas that were maintenance areas for the 1-hour ozone NAAQS, but attainment for the 8-hour ozone NAAQS, submit a plan to demonstrate the continued maintenance of the 8hour ozone NAAQS. On May 20, 2005, EPA issued guidance that applies to areas that are designated unclassifiable/attainment for the 8-hour ozone standard. The purpose of this guidance is to address the maintenance requirements in section 110(a)(1) of the CAA, and to assist the states in the development of a SIP. The components from EPA’s guidance include: (1) An attainment emissions inventory, which is based on actual ‘‘typical summer day’’ emissions of volatile organic compounds (VOCs) and nitrogen oxides (NOX) for a 10-year maintenance period, from a base-year chosen by the state; (2) a maintenance demonstration, which demonstrates how the area will remain in compliance with the 8-hour ozone standard for a period of 10 years following the effective date of designation unclassifiable/attainment (June 15, 2004); (3) an ambient air monitoring network, which will be in continuous operation in accordance with 40 CFR Part 58 to verify maintenance of the 8hour ozone standard; (4) a contingency plan, that will ensure that in the event of a violation of the 8-hour ozone NAAQS, measures will be implemented as promptly as possible; (5) a verification of continued attainment, indicating how the state intends on tracking the progress of the maintenance plan. II. Summary of SIP Revision The Commonwealth of Pennsylvania has requested approval of its 8-hour ozone maintenance plan and 2002 baseyear inventory for the Warren County Area. The PADEP 8-hour ozone maintenance plan addresses the five components of EPA’s May 20, 2005 guidance, which pertains to the maintenance requirements in section 110(a)(1) of the CAA. Attainment Emission Inventory: An attainment emissions inventory includes emissions during the time period associated with the monitoring data showing attainment. PADEP has provided an emissions inventory for VOCs and NOX, using 2002 as the baseyear from which to project emissions. The 2002 inventory is consistent with EPA guidance, is based on actual ‘‘typical summer day’’ emissions of VOCs and NOX, and consists of a list of sources and their associated emissions. PADEP prepared comprehensive VOCs E:\FR\FM\01MYP1.SGM 01MYP1 23999 Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Proposed Rules and NOX emissions inventories for the Warren County Area. In the maintenance plan, PADEP included information on the man-made sources of ozone precursors, VOCs and NOX (e.g., ‘‘stationary sources,’’ ‘‘stationary area sources,’’ ‘‘highway vehicles,’’ and ‘‘nonroad sources’’). Pennsylvania projected emissions for beyond 10 years from the effective date of the April 30, 2004 designations for the 8-hour ozone standard. PADEP has developed an emissions inventory for ozone precursors for the year 2002, 2009, and 2018. Tables 1 and 2 show the VOCs and NOX emissions reduction summary for 2002, 2009, and 2018. TABLE 1.—VOC EMISSIONS SUMMARY: 2002, 2009 AND 2018 [Tons per summer day] Major source category 2002 2009 2018 Stationary Point Sources ............................................................................................................. Stationary Area Sources .............................................................................................................. Highway Vehicles ........................................................................................................................ Nonroad Sources ......................................................................................................................... 1.56 2.71 2.62 2.62 0.92 2.47 1.23 2.02 1.10 2.55 0.70 1.29 Total ...................................................................................................................................... 9.51 6.64 5.64 TABLE 2.—NOX EMISSIONS SUMMARY: 2002, 2009 AND 2018 [Tons per summer day] Major source category 2002 2009 2018 3.56 0.35 4.04 1.12 4.01 0.37 1.95 0.91 4.18 0.38 0.76 0.61 Total ...................................................................................................................................... rfrederick on PROD1PC67 with PROPOSALS Stationary Point Sources ............................................................................................................. Stationary Area Sources .............................................................................................................. Highway Vehicles ........................................................................................................................ Nonroad Sources ......................................................................................................................... 9.07 7.24 5.93 EPA believes Pennsylvania has demonstrated that the VOCs and NOX emissions in the Warren County Area will improve due to permanent and enforceable reductions in emissions resulting from implementation of the SIP, federal measures, and other stateadopted measures. Maintenance demonstration: As Table 1 and 2 indicate, the Warren County Attainment Area plan shows maintenance of the 8-hour ozone NAAQS by demonstrating that future emissions of VOCs and NOX remain at or below the 2002 base-year emissions levels through the year 2018. Based upon the comparison of the projected emissions and the 2002 baseyear inventory emissions, along federal and state measures, EPA concludes that PADEP successfully demonstrates that the 8-hour ozone standard will be maintained in the Warren County Area. Further details of Warren County Attainment Area’s 8-hour ozone maintenance demonstration can be found in a Technical Support Document (TSD) prepared for this rulemaking. Ambient Air Quality Monitoring: With regard to the ambient air monitoring component of the maintenance plan, Pennsylvania commits to continue operating its current air quality monitoring stations in accordance with 40 CFR Part 58, to verify the attainment status of the area, with no reductions in the number of sites from those in the VerDate Aug<31>2005 15:14 Apr 30, 2008 Jkt 214001 existing network unless pre-approved by EPA. Contingency Plan: Section 110(a)(1) of the CAA requires that the state develop a contingency plan which will ensure that any violation of a NAAQS is promptly corrected. The purpose of the contingency plan is to adopt measures, outlined in the maintenance plan, in order to assure continued attainment in the event of a violation of the 8-hour ozone NAAQS. 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). Since the Warren County Area does not have a monitor, contingency measures will be considered if for two consecutive years the fourth highest 8hour ozone concentrations at the design monitor for the Erie Area are above 84 parts per billion (ppb). If this trigger point occurs, PADEP will evaluate whether additional local emission control measures should be implemented in Warren County in order to prevent a violation of the air quality standard. PADEP will analyze the conditions leading to the excessive ozone levels and evaluate what measures might be most effective in PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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 the contingency measures outlined in their maintenance plan. Verification of continued attainment: PADEP will track the attainment status of the 8-hour ozone NAAQS for Warren County by reviewing air quality at the design monitor for the Erie Area and emissions data during the maintenance period. An annual evaluation of vehicle miles traveled and emissions reported from stationary sources will be performed and compared to the assumptions about the factors used in the maintenance plan. PADEP will also evaluate the periodic (every three years) emission inventories prepared under EPA’s Consolidated Emission Reporting Regulation (40 CFR 51, Subpart A) for any unanticipated increases. Based on these evaluations, PADEP will consider whether any further emission control measures should be implemented. III. Proposed Action EPA is proposing to approve the maintenance plan and the 2002 baseyear inventory for the Warren County Area, submitted on December 17, 2007, as revisions to the Pennsylvania SIP. EPA is proposing to approve the E:\FR\FM\01MYP1.SGM 01MYP1 24000 Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Proposed Rules maintenance plan and 2002 base-year inventory for the Warren County Area because it meets the requirements of section 110(a)(1) of the CAA. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. rfrederick on PROD1PC67 with PROPOSALS IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). VerDate Aug<31>2005 15:14 Apr 30, 2008 Jkt 214001 In addition, this proposed rule to approve the maintenance plan and the 2002 base-year inventory for the Warren County Area in the Commonwealth of Pennsylvania does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: April 24, 2008. William T. Wisniewski, Acting Regional Administrator, Region III. [FR Doc. E8–9613 Filed 4–30–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 418 [CMS–1548–P] RIN 0938–AP14 Medicare Program; Proposed Hospice Wage Index for Fiscal Year 2009 Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Proposed rule. AGENCY: SUMMARY: This proposed rule proposes the hospice wage index for fiscal year 2009. This proposed rule also proposes to phase-out the Medicare hospice budget neutrality adjustment factor and clarify two wage index issues, pertaining to the definition of rural and urban areas and to multi-campus hospital facilities. DATES: To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on June 27, 2008. ADDRESSES: In commenting, please refer to file code CMS–1548–P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments in one of four ways (please choose only one of the ways listed): 1. Electronically. You may submit electronic comments on this regulation PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 to https://www.regulations.gov. Follow the instructions for ‘‘Comment or Submission’’ and enter the filecode to find the document accepting comments. 2. By regular mail. You may mail written comments (one original and two copies) to the following address only: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–1548– P, P.O. Box 8012, Baltimore, MD 21244– 1850. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. By express or overnight mail. You may send written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–1548–P, Mail Stop C4–26–05, 7500 Security Boulevard, Baltimore, MD 21244–1850. 4. By hand or courier. If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to either of the following addresses: a. Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. (Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) b. 7500 Security Boulevard, Baltimore, MD 21244–1850. If you intend to deliver your comments to the Baltimore address, please call telephone number (410) 786– 9994 in advance to schedule your arrival with one of our staff members. Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Randy Throndset (410) 786–0131 or Katie Lucas (410) 786–7723. SUPPLEMENTARY INFORMATION: Submitting Comments: We welcome comments from the public on all issues set forth in this rule to assist us in fully considering issues and developing policies. You can assist us by E:\FR\FM\01MYP1.SGM 01MYP1

Agencies

[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Proposed Rules]
[Pages 23998-24000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9613]



[[Page 23998]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0183; FRL-8561-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 
Base-Year Inventory for the Warren County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania. The 
Pennsylvania Department of Environmental Protection (PADEP) submitted a 
SIP revision consisting of a maintenance plan that provides for 
continued attainment of the 8-hour ozone national ambient air quality 
standard (NAAQS) for at least 10 years after the April 30, 2004 
designations, as well as, a 2002 base-year inventory for the Warren 
County Area. EPA is proposing approval of the maintenance plan and the 
2002 base-year inventory in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before June 2, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0183 by one of the following methods:
    A. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov
    C. Mail: EPA-R03-OAR-2008-0183, 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-
2008-0183. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is an (anonymous access( system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in https://
www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: On December 17, 2007, PADEP formally 
submitted for approval, under section 110(a)(1) of the CAA, a SIP 
revision for the 8-hour ozone maintenance plan and the 2002 base-year 
inventory for the Warren County Area.

I. Background

    Section 110(a)(1) of the CAA requires that states submit to EPA 
plans to maintain the NAAQS promulgated by EPA. EPA interprets this 
provision to require that areas that were maintenance areas for the 1-
hour ozone NAAQS, but attainment for the 8-hour ozone NAAQS, submit a 
plan to demonstrate the continued maintenance of the 8-hour ozone 
NAAQS.
    On May 20, 2005, EPA issued guidance that applies to areas that are 
designated unclassifiable/attainment for the 8-hour ozone standard. The 
purpose of this guidance is to address the maintenance requirements in 
section 110(a)(1) of the CAA, and to assist the states in the 
development of a SIP. The components from EPA's guidance include: (1) 
An attainment emissions inventory, which is based on actual ``typical 
summer day'' emissions of volatile organic compounds (VOCs) and 
nitrogen oxides (NOX) for a 10-year maintenance period, from 
a base-year chosen by the state; (2) a maintenance demonstration, which 
demonstrates how the area will remain in compliance with the 8-hour 
ozone standard for a period of 10 years following the effective date of 
designation unclassifiable/attainment (June 15, 2004); (3) an ambient 
air monitoring network, which will be in continuous operation in 
accordance with 40 CFR Part 58 to verify maintenance of the 8-hour 
ozone standard; (4) a contingency plan, that will ensure that in the 
event of a violation of the 8-hour ozone NAAQS, measures will be 
implemented as promptly as possible; (5) a verification of continued 
attainment, indicating how the state intends on tracking the progress 
of the maintenance plan.

II. Summary of SIP Revision

    The Commonwealth of Pennsylvania has requested approval of its 8-
hour ozone maintenance plan and 2002 base-year inventory for the Warren 
County Area. The PADEP 8-hour ozone maintenance plan addresses the five 
components of EPA's May 20, 2005 guidance, which pertains to the 
maintenance requirements in section 110(a)(1) of the CAA.
    Attainment Emission Inventory: An attainment emissions inventory 
includes emissions during the time period associated with the 
monitoring data showing attainment. PADEP has provided an emissions 
inventory for VOCs and NOX, using 2002 as the base-year from 
which to project emissions. The 2002 inventory is consistent with EPA 
guidance, is based on actual ``typical summer day'' emissions of VOCs 
and NOX, and consists of a list of sources and their 
associated emissions. PADEP prepared comprehensive VOCs

[[Page 23999]]

and NOX emissions inventories for the Warren County Area. In 
the maintenance plan, PADEP included information on the man-made 
sources of ozone precursors, VOCs and NOX (e.g., 
``stationary sources,'' ``stationary area sources,'' ``highway 
vehicles,'' and ``nonroad sources'').
    Pennsylvania projected emissions for beyond 10 years from the 
effective date of the April 30, 2004 designations for the 8-hour ozone 
standard. PADEP has developed an emissions inventory for ozone 
precursors for the year 2002, 2009, and 2018. Tables 1 and 2 show the 
VOCs and NOX emissions reduction summary for 2002, 2009, and 
2018.

                              Table 1.--VOC Emissions Summary: 2002, 2009 and 2018
                                              [Tons per summer day]
----------------------------------------------------------------------------------------------------------------
                      Major source category                            2002            2009            2018
----------------------------------------------------------------------------------------------------------------
Stationary Point Sources........................................            1.56            0.92            1.10
Stationary Area Sources.........................................            2.71            2.47            2.55
Highway Vehicles................................................            2.62            1.23            0.70
Nonroad Sources.................................................            2.62            2.02            1.29
                                                                 -----------------------------------------------
    Total.......................................................            9.51            6.64            5.64
----------------------------------------------------------------------------------------------------------------


                              Table 2.--NOX Emissions Summary: 2002, 2009 and 2018
                                              [Tons per summer day]
----------------------------------------------------------------------------------------------------------------
                      Major source category                            2002            2009            2018
----------------------------------------------------------------------------------------------------------------
Stationary Point Sources........................................            3.56            4.01            4.18
Stationary Area Sources.........................................            0.35            0.37            0.38
Highway Vehicles................................................            4.04            1.95            0.76
Nonroad Sources.................................................            1.12            0.91            0.61
                                                                 -----------------------------------------------
    Total.......................................................            9.07            7.24            5.93
----------------------------------------------------------------------------------------------------------------

    EPA believes Pennsylvania has demonstrated that the VOCs and 
NOX emissions in the Warren County Area will improve due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the SIP, federal measures, and other state-adopted 
measures.
    Maintenance demonstration: As Table 1 and 2 indicate, the Warren 
County Attainment Area plan shows maintenance of the 8-hour ozone NAAQS 
by demonstrating that future emissions of VOCs and NOX 
remain at or below the 2002 base-year emissions levels through the year 
2018.
    Based upon the comparison of the projected emissions and the 2002 
base-year inventory emissions, along federal and state measures, EPA 
concludes that PADEP successfully demonstrates that the 8-hour ozone 
standard will be maintained in the Warren County Area. Further details 
of Warren County Attainment Area's 8-hour ozone maintenance 
demonstration can be found in a Technical Support Document (TSD) 
prepared for this rulemaking.
    Ambient Air Quality Monitoring: With regard to the ambient air 
monitoring component of the maintenance plan, Pennsylvania commits to 
continue operating its current air quality monitoring stations in 
accordance with 40 CFR Part 58, to verify the attainment status of the 
area, with no reductions in the number of sites from those in the 
existing network unless pre-approved by EPA.
    Contingency Plan: Section 110(a)(1) of the CAA requires that the 
state develop a contingency plan which will ensure that any violation 
of a NAAQS is promptly corrected. The purpose of the contingency plan 
is to adopt measures, outlined in the maintenance plan, in order to 
assure continued attainment in the event of a violation of the 8-hour 
ozone NAAQS. 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).
    Since the Warren County Area does not have a monitor, contingency 
measures will be considered if for two consecutive years the fourth 
highest 8-hour ozone concentrations at the design monitor for the Erie 
Area are above 84 parts per billion (ppb). If this trigger point 
occurs, PADEP will evaluate whether additional local emission control 
measures should be implemented in Warren County in order to prevent a 
violation of the air quality standard. PADEP will analyze the 
conditions leading to the excessive ozone levels and evaluate what 
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 the contingency measures 
outlined in their maintenance plan.
    Verification of continued attainment: PADEP will track the 
attainment status of the 8-hour ozone NAAQS for Warren County by 
reviewing air quality at the design monitor for the Erie Area and 
emissions data during the maintenance period. An annual evaluation of 
vehicle miles traveled and emissions reported from stationary sources 
will be performed and compared to the assumptions about the factors 
used in the maintenance plan. PADEP will also evaluate the periodic 
(every three years) emission inventories prepared under EPA's 
Consolidated Emission Reporting Regulation (40 CFR 51, Subpart A) for 
any unanticipated increases. Based on these evaluations, PADEP will 
consider whether any further emission control measures should be 
implemented.

III. Proposed Action

    EPA is proposing to approve the maintenance plan and the 2002 base-
year inventory for the Warren County Area, submitted on December 17, 
2007, as revisions to the Pennsylvania SIP. EPA is proposing to approve 
the

[[Page 24000]]

maintenance plan and 2002 base-year inventory for the Warren County 
Area because it meets the requirements of section 110(a)(1) of the CAA. 
EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule to approve the maintenance plan and 
the 2002 base-year inventory for the Warren County Area in the 
Commonwealth of Pennsylvania does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 24, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-9613 Filed 4-30-08; 8:45 am]
BILLING CODE 6560-50-P
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