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 Schuylkill County Area, 31947-31949 [E8-12601]
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III. Public Participation
Jkt 214001
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 Schuylkill
County Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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 Schuylkill 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 July 7, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2008–0189 by one of the
following methods:
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
31947
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–2008–0097,
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–
0189. 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.
E:\FR\FM\05JNP1.SGM
05JNP1
31948
Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Proposed Rules
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:
Melissa Linden, (215) 814–2096, or by email at linden.melissa@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
Schuylkill 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 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 Schuylkill 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
and NOX emissions inventories for the
Schuylkill 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 .....................................................................................................................................
1.16
7.74
9.02
2.59
0.92
7.19
4.89
2.38
1.09
7.56
2.73
1.86
Total ..................................................................................................................................................
20.51
15.38
13.24
TABLE 2.—NOX EMISSIONS SUMMARY: 2002, 2009 AND 2018
[tons per summer day]
Major source category
2002
2009
2018
3.62
0.86
16.71
2.42
4.42
0.92
9.00
1.85
4.37
0.94
3.80
1.11
Total ..................................................................................................................................................
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Stationary Point Sources .........................................................................................................................
Stationary Area Sources ..........................................................................................................................
Highway Vehicles ....................................................................................................................................
Nonroad Sources .....................................................................................................................................
23.61
16.19
10.22
EPA believes Pennsylvania has
demonstrated that the VOCs and NOX
emissions in the Schuylkill County Area
will improve due to permanent and
enforceable reductions in emissions
VerDate Aug<31>2005
12:00 Jun 04, 2008
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resulting from implementation of the
SIP, federal measures, and other stateadopted measures.
Maintenance demonstration: As
Tables 1 and 2 indicate, the Schuylkill
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County Attainment Area plan shows
maintenance of the 8-hour ozone
NAAQS by demonstrating that future
emissions of VOCs and NOX remain at
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Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Proposed Rules
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 Schuylkill County
Area. Further details of Schuylkill
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 Schuylkill 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 Reading 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 Schuylkill 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
VerDate Aug<31>2005
12:00 Jun 04, 2008
Jkt 214001
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
Schuylkill County by reviewing air
quality at the design monitor for the
Reading 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 Schuylkill County
Area, submitted on December 17, 2007,
as revisions to the Pennsylvania SIP.
EPA is proposing to approve the
maintenance plan and 2002 base-year
inventory for the Schuylkill 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 action:
• 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
PO 00000
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31949
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
Schuylkill 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: May 28, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8–12601 Filed 6–4–08; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Proposed Rules]
[Pages 31947-31949]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12601]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0189; FRL-8576-5]
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 Schuylkill 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 Schuylkill
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 July 7, 2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0189 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-2008-0097, 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-
2008-0189. 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.
[[Page 31948]]
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: Melissa Linden, (215) 814-2096, or by
e-mail at linden.melissa@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 Schuylkill 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
Schuylkill 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 and
NOX emissions inventories for the Schuylkill 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......... 1.16 0.92 1.09
Stationary Area Sources.......... 7.74 7.19 7.56
Highway Vehicles................. 9.02 4.89 2.73
Nonroad Sources.................. 2.59 2.38 1.86
--------------------------------------
Total........................ 20.51 15.38 13.24
------------------------------------------------------------------------
Table 2.--NOX Emissions Summary: 2002, 2009 and 2018
[tons per summer day]
------------------------------------------------------------------------
Major source category 2002 2009 2018
------------------------------------------------------------------------
Stationary Point Sources......... 3.62 4.42 4.37
Stationary Area Sources.......... 0.86 0.92 0.94
Highway Vehicles................. 16.71 9.00 3.80
Nonroad Sources.................. 2.42 1.85 1.11
--------------------------------------
Total........................ 23.61 16.19 10.22
------------------------------------------------------------------------
EPA believes Pennsylvania has demonstrated that the VOCs and
NOX emissions in the Schuylkill 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 Tables 1 and 2 indicate, the
Schuylkill County Attainment Area plan shows maintenance of the 8-hour
ozone NAAQS by demonstrating that future emissions of VOCs and
NOX remain at
[[Page 31949]]
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 Schuylkill County Area. Further
details of Schuylkill 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 Schuylkill 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 Reading 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 Schuylkill 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 Schuylkill County by
reviewing air quality at the design monitor for the Reading 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 Schuylkill County Area, submitted on December
17, 2007, as revisions to the Pennsylvania SIP. EPA is proposing to
approve the maintenance plan and 2002 base-year inventory for the
Schuylkill 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 action:
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 Schuylkill 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: May 28, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-12601 Filed 6-4-08; 8:45 am]
BILLING CODE 6560-50-P
