Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Clearfield/Indiana 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan and 2002 Base-Year Inventory, 42731-42743 [E8-16639]
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Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Proposed Rules
implement the section 185 penalty fees
program.
In addition, because the area has
attained the one-hour ozone NAAQS by
the applicable attainment date, the area
is not subject to the requirement to
implement contingency measures for
failure to attain the one-hour ozone
NAAQS by its attainment date. Since
the area has met its attainment deadline,
even if the area subsequently lapses into
nonattainment, it would not be required
to implement the contingency measures
for failure to attain the one-hour ozone
NAAQS by its attainment date.
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IV. What Is EPA Proposing?
Based upon EPA’s review of the air
quality data for the 3-year period 2003
to 2005, EPA is proposing to determine
that the New Jersey portion of the
Philadelphia severe one-hour ozone
nonattainment area attained the onehour ozone NAAQS by the applicable
attainment date of November 15, 2005.
EPA also proposes to find that this area
is not subject to the imposition of the
section 185 penalty fees and will not
need to implement contingency
measures, which were required to be
implemented only if the area did not
attain the one-hour standard by the
attainment date.
V. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action proposes to make
a determination based on air quality
data, and would, if finalized, result in
the suspension of certain Federal
requirements. 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 proposes to make a determination
based on air quality data, and would, if
finalized, result in the suspension of
certain Federal requirements, 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 proposed 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
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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). This
proposed 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), because it merely
proposes to make a determination based
on air quality data and would, if
finalized, result in the suspension of
certain Federal requirements, and does
not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed 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 proposes to determine that air
quality in the affected area is meeting
Federal standards.
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 because it would
be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
promulgated air quality standards and
monitoring procedures that otherwise
satisfy the provisions of the Clean Air
Act.
This proposed 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.) Under Executive Order 12898,
EPA finds that this rule involves a
proposed determination of attainment
based on air quality data and will not
have disproportionately high and
adverse human health or environmental
effects on any communities in the area,
including minority and low-income
communities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen oxides,
Ozone, Volatile organic compounds,
Intergovernmental relations, Reporting
and recordkeeping requirements.
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42731
Dated: July 8, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E8–16836 Filed 7–22–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2007–0624; FRL–8694–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation of the
Clearfield/Indiana 8-Hour Ozone
Nonattainment Area to Attainment and
Approval of the Maintenance Plan and
2002 Base-Year Inventory
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a redesignation request and State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Pennsylvania. The Pennsylvania
Department of Environmental Protection
(PADEP) is requesting that the Clearfield
and Indiana Counties ozone
nonattainment area (Clearfield/Indiana
Area) be redesignated as attainment for
the 8-hour ozone national ambient air
quality standard (NAAQS). EPA is
proposing to approve the ozone
redesignation request for the Clearfield/
Indiana Area. In conjunction with its
redesignation request, PADEP submitted
a SIP revision consisting of a
maintenance plan for the Clearfield/
Indiana Area that provides for
continued attainment of the 8-hour
ozone NAAQS for at least 10 years after
redesignation. EPA is proposing to make
a determination that the Clearfield/
Indiana Area has attained the 8-hour
ozone NAAQS, based upon three years
of complete quality-assured ambient air
quality ozone monitoring data for 2004–
2006. EPA’s proposed approval of the
8-hour ozone redesignation request is
based on its determination that the
Clearfield/Indiana Area has met the
criteria for redesignation to attainment
specified in the Clean Air Act (CAA). In
addition, PADEP submitted a 2002 baseyear inventory for the Clearfield/Indiana
Area which EPA is proposing to
approve as a SIP revision. EPA is also
providing information on the status of
its adequacy determination for the
motor vehicle emission budgets
(MVEBs) that are identified in the
Clearfield/Indiana Area maintenance
plan for purposes of transportation
conformity, which EPA is also
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proposing to approve. EPA is proposing
approval of the redesignation request,
the maintenance plan, the 2002 baseyear inventory, and the MVEBs SIP
revisions in accordance with the
requirements of the CAA.
DATES: Written comments must be
received on or before August 22, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2007–0624 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2007–0624,
Cristina Fernandez, Branch Chief, Air
Quality Planning Branch, Mailcode
3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2007–
0624. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your
e-mail address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
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of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at 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:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. What Are the Actions EPA Is Proposing To
Take?
II. What Is the Background for These
Proposed Actions?
III. What Are the Criteria for Redesignation
to Attainment?
IV. Why Is EPA Taking These Actions?
V. What Would Be the Effect of These
Actions?
VI. What Is EPA’s Analysis of the State’s
Request?
VII. Are the Motor Vehicle Emissions
Budgets Established and Identified in the
Maintenance Plan for the Clearfield/
Indiana Area Adequate and Approvable?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews
I. What Are the Actions EPA Is
Proposing To Take?
On June 14, 2007, PADEP formally
submitted a request to redesignate the
Clearfield/Indiana Area from
nonattainment to attainment of the 8hour NAAQS for ozone. Concurrently,
PADEP submitted a maintenance plan
for the Clearfield/Indiana Area as a SIP
revision to ensure continued attainment
for at least 10 years after redesignation.
PADEP also submitted a 2002 base-year
inventory as a SIP revision. On May 23,
2008, PADEP formally submitted a
revision to the June 14, 2007 submittal
encompassing two changes. First,
PADEP submitted a new methodology
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that projects future emissions of
nitrogen oxides (NOX ) from electric
generating units (EGUs) to replace the
former methodology submitted on June
14, 2007. Second, PADEP separated the
MVEBs for the Clearfield/Indiana Area
into separate MVEBs for Clearfield
County and Indiana County, to replace
the MVEBs established in the June 14,
2007 submittal.
The Clearfield/Indiana Area was
designated a subpart 1 or a basic 8-hour
ozone nonattainment area in a final rule
published on April 30, 2004 (69 FR
23858), based upon its exceedance of
the 8-hour health-based standard for
ozone during the years 2001–2003. EPA
is proposing to determine that the
Clearfield/Indiana Area has attained the
8-hour ozone NAAQS and that it has
met the requirements for redesignation
pursuant to section 107(d)(3)(E) of the
Clean Air Act. EPA is, therefore,
proposing to approve the redesignation
request to change the designation of the
Clearfield/Indiana Area from
nonattainment to attainment for the 8hour ozone NAAQS. EPA is also
proposing to approve the Clearfield/
Indiana Area maintenance plan as a SIP
revision. The maintenance plan is
designed to ensure continued
attainment in the Clearfield/Indiana
Area for the next ten years. EPA is also
proposing to approve the 2002 base-year
inventory for the Clearfield/Indiana
Area as a SIP revision. Additionally,
EPA is announcing its action on the
adequacy process for the MVEBs
identified in the Clearfield/Indiana Area
maintenance plan, and proposing to
approve the MVEBs identified for
volatile organic compounds (VOC) and
NOX for transportation conformity
purposes.
II. What Is the Background for These
Proposed Actions?
A. General
Ground-level ozone is not emitted
directly by sources. Rather, emissions of
NOX and VOC react in the presence of
sunlight to form ground-level ozone.
The air pollutants NOX and VOC are
referred to as precursors of ozone. The
CAA establishes a process for air quality
management through the attainment and
maintenance of the NAAQS.
On July 18, 1997, EPA promulgated a
revised 8-hour ozone standard of 0.08
parts per million (ppm). This standard
is more stringent than the previous 1hour ozone standard. EPA designated,
as nonattainment, any area violating the
8-hour ozone NAAQS based on the air
quality data for the three years of 2001–
2003. These were the most recent three
years of data at the time EPA designated
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8-hour areas. The Clearfield/Indiana
Area was designated as basic 8-hour
ozone nonattainment status in a Federal
Register notice published on April 30,
2004 (69 FR 23858), based on its
exceedance of the 8-hour health-based
standard for ozone during the years
2001–2003.
On April 30, 2004, EPA issued a final
rule (69 FR 23951, 23996) to revoke the
1-hour ozone NAAQS in the Clearfield/
Indiana Area (as well as most other
areas of the country) effective June 15,
2005. See, 40 CFR 50.9(b); 69 FR at
23966 (April 30, 2004); 70 FR 44470
(August 3, 2005).
However, on December 22, 2006, the
U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA’s Phase 1
Implementation Rule for the 8-hour
Ozone Standard. (69 FR 23951, April 30,
2004). South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882
(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 CAA as 8-hour nonattainment
areas, the 8-hour attainment dates and
the timing for emissions reductions
needed for attainment of the 8-hour
ozone NAAQS remain effective.
The June 8 decision left intact the
Court’s rejection of EPA’s reasons for
implementing the 8-hour standard in
certain nonattainment areas under
subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand
EPA’s revocation of the 1-hour standard
and those anti-backsliding provisions of
the Phase 1 Rule that had not been
successfully challenged. The June 8
decision reaffirmed the December 22,
2006 decision that EPA had improperly
failed to retain measures required for 1hour nonattainment areas under the
anti-backsliding provisions of the
regulations: (1) Nonattainment area New
Source Review (NSR) requirements
based on an area’s 1-hour nonattainment
classification; (2) section 185 penalty
fees for 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 that NAAQS. In
addition, the June 8 decision clarified
that the Court’s reference to conformity
requirements for anti-backsliding
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purposes was limited to requiring the
continued use of 1-hour motor vehicle
emissions budgets until 8-hour budgets
were available for 8-hour conformity
determinations, which is already
required under EPA’s conformity
regulations. The Court thus clarified
that 1-hour conformity determinations
are not required for anti-backsliding
purposes.
The Court upheld EPA’s authority to
revoke the 1-hour standard provided
there were adequate anti-backsliding
provisions. EPA discusses its rationale
why the decision in South Coast is not
an impediment to redesignating the
Clearfield/Indiana Area to attainment of
the 8-hour ozone NAAQS elsewhere in
this document.
The CAA, Title I, Part D, contains two
sets of provisions—subpart 1 and
subpart 2—that address planning and
control requirements for nonattainment
areas. Subpart 1 (which EPA refers to as
‘‘basic’’ nonattainment) contains
general, less prescriptive requirements
for nonattainment areas for any
pollutant—including ozone—governed
by a NAAQS. Subpart 2 (which EPA
refers to as ‘‘classified’’ nonattainment)
provides more specific requirements for
ozone nonattainment areas. In 2004,
Clearfield/Indiana Area was designated
a basic 8-hour ozone nonattainment area
based upon air quality monitoring data
from 2001–2003, and therefore, is
subject to the requirements of subpart 1
of Part D.
Under 40 CFR part 50, the 8-hour
ozone standard is attained when the 3year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone concentration
is less than or equal to 0.08 ppm (i.e.,
0.084 ppm when rounding is
considered). See 69 FR 23858 (April 30,
2004) for further information. Ambient
air quality monitoring data for the 3year period must meet data
completeness requirements. The data
completeness requirements are met
when the average percent of days with
valid ambient monitoring data is greater
than 90 percent, and no single year has
less than 75 percent data completeness
as determined in Appendix I of 40 CFR
part 50. The ozone monitoring data from
the 3-year period of 2004–2006
indicates that the Clearfield/Indiana
Area has a design value of 0.077 ppm.
Therefore, the ambient ozone data for
the Clearfield/Indiana Area indicates no
violations of the 8-hour ozone standard.
B. The Clearfield/Indiana Area
The Clearfield/Indiana Area consists
of Clearfield and Indiana Counties in
Pennsylvania. Prior to its designation as
an 8-hour ozone nonattainment area, the
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42733
Clearfield/Indiana Area was an
attainment/unclassifiable area for the 1hour ozone nonattainment NAAQS. See
56 FR 56694 (November 6, 1991).
On June 14, 2007, PADEP requested
that the Clearfield/Indiana Area be
redesignated to attainment for the 8hour ozone standard. The redesignation
request included 3 years of complete,
quality-assured data for the period of
2004–2006, indicating that the 8-hour
NAAQS for ozone had been achieved in
the Clearfield/Indiana Area. The data
satisfies the CAA requirements when
the 3-year average of the annual fourthhighest daily maximum 8-hour average
ozone concentration (commonly
referred to as the area’s design value) is
less than or equal to 0.08 ppm (i.e.,
0.084 ppm when rounding is
considered). Under the CAA, a
nonattainment area may be redesignated
if sufficient complete, quality-assured
data is available to determine that the
area has attained the standard and the
area meets the other CAA redesignation
requirements set forth in section
107(d)(3)(E).
III. What Are the Criteria for
Redesignation to Attainment?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation, providing that:
(1) EPA determines that the area has
attained the applicable NAAQS;
(2) EPA has fully approved the
applicable implementation plan for the
area under section 110(k);
(3) EPA determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions;
(4) EPA has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A; and
(5) The State containing such area has
met all requirements applicable to the
area under section 110 and Part D.
EPA provided guidance on
redesignation in the General Preamble
for the Implementation of Title I of the
CAA Amendments of 1990, on April 16,
1992 (57 FR 13498), and supplemented
this guidance on April 28, 1992 (57 FR
18070). EPA has provided further
guidance on processing redesignation
requests in the following documents:
• ‘‘Ozone and Carbon Monoxide
Design Value Calculations’’,
Memorandum from Bill Laxton, June 18,
1990;
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• ‘‘Maintenance Plans for
Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,’’
Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
• ‘‘Contingency Measures for Ozone
and Carbon Monoxide (CO)
Redesignations,’’ Memorandum from G.
T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1,
1992;
• ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment,’’ Memorandum from John
Calcagni, Director, Air Quality
Management Division, September 4,
1992;
• ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (CAA) Deadlines,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, October 28, 1992;
• ‘‘Technical Support Documents
(TSDs) for Redesignation Ozone and
Carbon Monoxide (CO) Nonattainment
Areas,’’ Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide
Programs Branch, August 17, 1993;
• ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) On or After
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator for Air and
Radiation, September 17, 1993;
• Memorandum from D. Kent Berry,
Acting Director, Air Quality
Management Division, to Air Division
Directors, Regions 1–10, ‘‘Use of Actual
Emissions in Maintenance
Demonstrations for Ozone and CO
Nonattainment Areas,’’ dated November
30, 1993;
• ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas
Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
Air and Radiation, October 14, 1994;
and
• ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National
Ambient Air Quality Standard,’’
Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, May 10, 1995.
IV. Why Is EPA Taking These Actions?
On June 14, 2007, PADEP requested
redesignation of the Clearfield/Indiana
Area to attainment for the 8-hour ozone
standard. Simultaneously, PADEP
submitted a maintenance plan for the
Clearfield/Indiana Area as a SIP revision
to ensure continued attainment at least
10 years after redesignation. PADEP also
submitted a 2002 base-year inventory as
a SIP revision. On May 23, 2008, PADEP
formally submitted a SIP revision
encompassing two changes. First,
PADEP submitted a new methodology
that projects future emissions of NOX
from EGUs to replace the former
methodology submitted on June 14,
2007. Second, PADEP separated the
MVEBs for the Clearfield/Indiana Area
into separate MVEBs for Clearfield
County and Indiana County, to replace
the MVEBs established in the June 14,
2007 submittal. EPA has determined
that the Clearfield/Indiana Area has
attained the 8-Hour Ozone Standard and
has met the requirements for
redesignation set forth in section
107(d)(3)(E).
V. What Would Be the Effect of These
Actions?
Approval of the redesignation request
would change the designation of the
Clearfield/Indiana Area from
nonattainment to attainment for the
8-hour ozone NAAQS found at 40 CFR
part 81. It would also incorporate into
the Pennsylvania SIP a 2002 base-year
inventory and a maintenance plan
ensuring continued attainment of the
8-hour ozone NAAQS in the Clearfield/
Indiana Area for the next 10 years. The
maintenance plan includes contingency
measures to remedy any future
violations of the 8-hour NAAQS (should
they occur), and identifies the MVEBs
for NOX and VOC for transportation
conformity purposes for the years 2009
and 2018.
Metropolitan Planning Organizations
(MPOs) and the Pennsylvania
Department of Transportation
(PennDOT), in conjunction with state
Rural Planning Organizations (RPOs),
are responsible for making timely
transportation conformity
determinations. The Clearfield/Indiana
Area contains one MPO and one RPO.
The MPO is the Southwestern
Pennsylvania Commission for Indiana
County, and the RPO is the North
Central PA Regional Planning and
Development Commission for Clearfield
County. Pennsylvania has established
separate motor vehicle emission budgets
for each MPO/RPO for their respective
portion of the Clearfield/Indiana Area.
EPA’s transportation conformity
regulations (40 CFR 93.124(d)) allow a
SIP to establish motor vehicle budgets
for each MPO/RPO if a nonattainment
area includes more than one MPO/RPO.
These motor vehicle emissions
budgets displayed in the following table
reflect the changes made in the May 23,
2008 SIP revision:
TABLE 1A.—CLEARFIELD/INDIANA MOTOR VEHICLE EMISSIONS BUDGETS NORTH CENTRAL PENNSYLVANIA REGIONAL
PLANNING AND DEVELOPMENT COMMISSION RPO (CLEARFIELD COUNTY PORTION OF THE AREA), IN TONS PER SUMMER DAY (TPD)
Year
VOC
NOX
2009
2018
4.11
2.71
11.44
5.14
TABLE 1B.—CLEARFIELD/INDIANA MOTOR VEHICLE EMISSIONS BUDGETS SOUTHWESTERN PENNSYLVANIA COMMISSION
MPO (INDIANA COUNTY PORTION OF THE AREA), IN TONS PER SUMMER DAY (TPD)
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NOX
2009
2018
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3.06
1.92
4.85
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VI. What Is EPA’s Analysis of the
State’s Request?
EPA is proposing to determine that
the Clearfield/Indiana Area has attained
the 8-hour ozone standard, and that all
other redesignation criteria have been
met. The following is a description of
how PADEP’s June 14, 2007 and May
23, 2008 submittals satisfy the
requirements of section 107(d)(3)(E) of
the CAA.
along with the three-year average, are
summarized in Table 2 for the monitor
that has three complete and consecutive
calendar years of quality-assured air
quality monitoring data.
TABLE 2.—CLEARFIELD/INDIANA AREA
FOURTH HIGHEST 8-HOUR AVERAGE
VALUES; CLEARFIELD COUNTY MONITOR, AQS ID 42–033–4000
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A. The Clearfield/Indiana Area Has
Attained the 8-Hour Ozone NAAQS
Year
Annual 4th high reading (ppm)
EPA is proposing to determine that
the Clearfield/Indiana Area has attained
the 8-hour ozone NAAQS. For ozone, an
area attains the 8-hour ozone NAAQS if
there are no violations based on three
complete and consecutive calendar
years of quality-assured air quality
monitoring data, as determined in
accordance with 40 CFR 50.10 and
Appendix I of part 50. To attain this
standard, the design value, which is the
three average of the fourth-highest daily
maximum 8-hour average ozone
concentrations, measured at each
monitor within the area over each year
must not exceed the ozone standard of
0.08 ppm. Based on the rounding
convention described in 40 CFR part 50,
Appendix I, the standard is attained if
the design value is 0.084 ppm or below.
The data must be collected and qualityassured in accordance with 40 CFR part
58, and recorded in the Air Quality
System (AQS). The monitors generally
should have remained at the same
location for the duration of the
monitoring period required for
demonstrating attainment.
In the Clearfield/Indiana Area, there
are two ozone monitors, one in
Clearfield County (AQS# 42–033–4000)
and another in Indiana County (AQS #
42–063–004). At the time of the June 14,
2007 submittal, the Indiana County
monitor, had only two years, 2005 and
2006, of quality assured data available.
Since the standard requires an average
concentration of three years, the air
quality status of the Indiana County
monitoring site could not be determined
using only two years, 2005 and 2006, of
ambient data. As part of its
redesignation request, Pennsylvania
submitted the ozone monitoring data for
the Clearfield County monitor for the
years 2004–2006 (the most recent three
years of data available as of the time of
the redesignation request) for the
Clearfield/Indiana Area. This data has
been quality assured and is recorded in
AQS. PADEP uses AQS as the
permanent database to maintain its
quality assured data. The fourth-highest
8-hour daily maximum concentrations,
2004
2005
2006
0.074
0.086
0.072
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The average for the 3-year period 2004
through 2006 is 0.077 ppm.
The air quality data for 2004–2006
show that the Clearfield/Indiana Area
has attained the standard with a design
value of 0.077 ppm. The data collected
at the Clearfield/Indiana Area monitor
satisfies the CAA requirement that the
three-year average of the annual fourthhighest daily maximum 8-hour average
ozone concentration is less than or
equal to 0.08 ppm. PADEP’s request for
redesignation for the Clearfield/Indiana
Area indicates that the data was quality
assured in accordance with 40 CFR part
58. In addition, with respect to the
maintenance plan, PADEP has
committed to continue monitoring in
accordance with 40 CFR part 58. In
summary, EPA has determined that the
data submitted by Pennsylvania and
confirmed from AQS indicates that the
Clearfield/Indiana Area has attained the
8-hour ozone NAAQS.
B. The Clearfield/Indiana Area Has Met
All Applicable Requirements Under
Section 110 and Part D of the CAA and
Has a Fully Approved SIP Under
Section 110(k) of the CAA
EPA has determined that the
Clearfield/Indiana Area has met all SIP
requirements applicable for purposes of
this redesignation under section 110 of
the CAA (General SIP Requirements)
and that it meets all applicable SIP
requirements under Part D of Title I of
the CAA, in accordance with section
107(d)(3)(E)(v). In addition, EPA has
determined that the SIP is fully
approved with respect to all
requirements applicable for purposes of
redesignation in accordance with
section 107(d)(3)(E)(ii). In making these
proposed determinations, EPA
ascertained what requirements are
applicable to the area and determined
that the applicable portions of the SIP
meeting these requirements are fully
approved under section 110(k) of the
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42735
CAA. We note that SIPs must be fully
approved only with respect to
applicable requirements.
The September 4, 1992 Calcagni
memorandum (‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division,
September 4, 1992) describes EPA’s
interpretation of section 107(d)(3)(E)
with respect to the timing of applicable
requirements. Under this interpretation,
to qualify for redesignation, States
requesting redesignation to attainment
must meet only the relevant CAA
requirements that come due prior to the
submittal of a complete redesignation
request. See also, Michael Shapiro
memorandum, September 17, 1993, and
60 FR 12459, 12465–12466, (March 7,
1995) (redesignation of Detroit-Ann
Arbor). Applicable requirements of the
CAA that come due subsequent to the
area’s submittal of a complete
redesignation request remain applicable
until a redesignation is approved, but
are not required as a prerequisite to
redesignation. Section 175A(c) of the
CAA. Sierra Club v. EPA, 375 F.3d 537
(7th Cir. 2004). See also, 68 FR 25424,
25427 (May 12, 2003) (redesignation of
St. Louis).
This section also sets forth EPA’s
views on the potential effect of the
Court’s rulings on this proposed
redesignation action. For the reasons set
forth below, EPA does not believe that
the Court’s rulings alter any
requirements relevant to this
redesignation action so as to preclude
redesignation, and do not prevent EPA
from proposing or ultimately finalizing
this redesignation. EPA believes that the
Court’s December 22, 2006 and June 8,
2007 decisions impose no impediment
to moving forward with redesignation of
this area to attainment, because even in
light of the Court’s decisions,
redesignation is appropriate under the
relevant redesignation provisions of the
CAA and longstanding policies
regarding redesignation requests.
1. Section 110 General SIP
Requirements
Section 110(a)(2) of Title I of the CAA
delineates the general requirements for
a SIP, which include enforceable
emissions limitations and other control
measures, means, or techniques,
provisions for the establishment and
operation of appropriate devices
necessary to collect data on ambient air
quality, and programs to enforce the
limitations. The general SIP elements
and requirements set forth in section
110(a)(2) includes, but are not limited
to, the following:
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• Submittal of a SIP that has been
adopted by the State after reasonable
public notice and hearing;
• Provisions for establishment and
operation of appropriate procedures
needed to monitor ambient air quality;
• Implementation of a source permit
program; provisions for the
implementation of Part C requirement
(Prevention of Significant Deterioration
(PSD));
• Provisions for the implementation
of Part D requirements for New Source
Review (NSR) permit programs;
• Provisions for air pollution
modeling; and
• Provisions for public and local
agency participation in planning and
emission control rule development.
Section 110(a)(2)(D) requires that SIPs
contain certain measures to prevent
sources in a State from significantly
contributing to air quality problems in
another State. To implement this
provision, EPA has required certain
States to establish programs to address
transport of air pollutants in accordance
with the NOX SIP Call, October 27, 1998
(63 FR 57356), amendments to the NOX
SIP Call, May 14, 1999 (64 FR 26298)
and March 2, 2000 (65 FR 11222), and
the Clean Air Interstate Rule (CAIR),
May 12, 2005 (70 FR 25162). However,
the section 110(a)(2)(D) requirements for
a State are not linked with a particular
nonattainment area’s designation and
classification in that State. EPA believes
that the requirements linked with a
particular nonattainment area’s
designation and classifications are the
relevant measures to evaluate while
reviewing a redesignation request. The
transport SIP submittal requirements,
where applicable, continue to apply to
a State regardless of the designation of
any one particular area in the State.
Thus, we do not believe that these
requirements are applicable
requirements for purposes of
redesignation.
In addition, EPA believes that the
other section 110 elements not
connected with nonattainment plan
submissions and not linked with an
area’s attainment status are not
applicable requirements for purposes of
redesignation. The Clearfield/Indiana
Area will still be subject to these
requirements after it is redesignated.
The section 110 and Part D
requirements, which are linked with a
particular area’s designation and
classification, are the relevant measures
to evaluate while reviewing a
redesignation request. This policy is
consistent with EPA’s existing policy on
applicability of conformity (i.e., for
redesignations) and oxygenated fuels
requirement. See, Reading,
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Pennsylvania, proposed and final
rulemakings (61 FR 53174–53176,
October 10, 1996), (62 FR 24816, May 7,
1997); Cleveland-Akron-Lorain, Ohio,
final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida, final
rulemaking (60 FR 62748, December 7,
1995). See also, the discussion on this
issue in the Cincinnati redesignation (65
FR at 37890, June 19, 2000), and in the
Pittsburgh redesignation (66 FR at
50399, October 19, 2001). Similarly,
with respect to the NOX SIP Call rules,
EPA noted in its Phase 1 Final Rule to
Implement the 8-hour Ozone NAAQS,
that the NOX SIP Call rules are not ‘‘an
applicable requirement for purposes of
section 110(l) because the NOX rules
apply regardless of an area’s attainment
or nonattainment status for the 8-hour
(or the 1-hour) NAAQS.’’ 69 FR 23951,
23983 (April 30, 2004).
EPA believes that section 110
elements not linked to the area’s
nonattainment status are not applicable
for purposes of redesignation. Any
section 110 requirements that are linked
to the Part D requirements for 8-hour
ozone nonattainment areas are not yet
due, because no Part D requirements
applicable for purposes of redesignation
under the 8-hour standard were due
prior to submission of the redesignation
request.
Because the Pennsylvania SIP satisfies
all of the applicable general SIP
elements and requirements set forth in
section 110(a)(2), EPA concludes that
Pennsylvania has satisfied the criterion
of section 107(d)(3)(E) regarding section
110 of the CAA.
2. Part D Nonattainment Area
Requirements Under the 1-Hour and 8Hour Standards
The Clearfield/Indiana Area was
designated a basic nonattainment area
for the 8-hour ozone standard. Sections
172–176 of the CAA, found in subpart
1 of Part D, set forth the basic
nonattainment requirements for all
nonattainment areas. As discussed
previously, because the Clearfield/
Indiana Area was designated
unclassifiable/attainment under the 1hour standard, and was never
designated nonattainment for the 1-hour
standard, there are no outstanding 1hour nonattainment area requirements it
would be required to meet. Thus, we
find that the Court’s ruling does not
result in any additional 1-hour
requirements for purposes of
redesignation.
With respect to the 8-hour standard,
EPA notes that the Court’s ruling
rejected EPA’s reasons for classifying
areas under subpart 1 for the 8-hour
standard, and remanded that matter to
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the Agency. Consequently, it is possible
that this area could, during a remand to
EPA, be reclassified under subpart 2.
Although any future decision by EPA to
classify this area under subpart 2 might
trigger additional future requirements
for the area, EPA believes that this does
not mean that redesignation of the area
cannot now go forward. This belief is
based upon (1) EPA’s longstanding
policy of evaluating requirements in
accordance with the requirements due
at the time the request is submitted; and
(2) consideration of the inequity of
applying retroactively any requirements
that might in the future be applied.
At the time the redesignation request
was submitted, the Clearfield/Indiana
Area was classified under subpart 1 and
was obligated to meet subpart 1
requirements. Under EPA’s
longstanding interpretation of section
107(d)(3)(E) of the CAA, to qualify for
redesignation, states requesting
redesignation to attainment must meet
only the relevant SIP requirements that
came due prior to the submittal of a
complete redesignation request.
September 4, 1992 Calcagni
memorandum (‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division). See
also, Michael Shapiro Memorandum,
September 17, 1993, and 60 FR 12459,
12465–66 (March 7, 1995)
(Redesignation of Detroit-Ann Arbor);
Sierra Club v. EPA, 375 F.3d 537 (7th
Cir. 2004) (which upheld this
interpretation); 68 FR 25418, 25424,
25427 (May 12, 2003) (redesignation of
St. Louis).
Moreover, it would be inequitable to
retroactively apply any new SIP
requirements that were not applicable at
the time the request was submitted. The
DC Circuit recognized the inequity in
such retroactive rulemaking. See, Sierra
Club v. Whitman, 285 F. 3d 63 (DC Cir.
2002), in which the DC Circuit upheld
a District Court’s ruling refusing to make
retroactive an EPA determination of
nonattainment that was past the
statutory due date. Such a
determination would have resulted in
the imposition of additional
requirements on the area. The Court
stated: ‘‘Although EPA failed to make
the nonattainment determination within
the statutory time frame, Sierra Club’s
proposed solution only makes the
situation worse. Retroactive relief would
likely impose large costs on the States,
which would face fines and suits for not
implementing air pollution prevention
plan in 1997, even though they were not
on notice at the time.’’ Id. at 68.
Similarly, here it would be unfair to
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penalize the area by applying to it for
purposes of redesignation additional SIP
requirements under subpart 2 that were
not in effect at the time it submitted its
redesignation request.
With respect to the 8-hour standard,
EPA proposes to determine that
Pennsylvania’s SIP meets all applicable
SIP requirements under Part D of the
CAA, because no 8-hour ozone standard
Part D requirements applicable for
purposes of redesignation became due
prior to submission of the redesignation
request for the Clearfield/Indiana Area.
Because the Commonwealth submitted a
complete redesignation request for the
Clearfield/Indiana Area prior to the
deadline for any submissions required
under the 8-hour standard, we have
determined that the Part D requirements
do not apply to the Clearfield/Indiana
Area for the purposes of redesignation.
In addition to the fact that no Part D
requirements applicable under the 8hour standard became due prior to
submission of the redesignation request,
EPA believes it is reasonable to interpret
the general conformity and NSR
requirements of Part D as not requiring
approval prior to redesignation.
With respect to section 176,
Conformity Requirements, section
176(c) of the CAA requires States to
establish criteria and procedures to
ensure that Federally supported or
funded projects conform to the air
quality planning goals in the applicable
SIP. The requirement to determine
conformity applies to transportation
plans, programs, and projects
developed, funded or approved under
Title 23 U.S.C. and the Federal Transit
Act \ (‘‘transportation conformity’’) as
well as to all other Federally supported
or funded projects \(‘‘general
conformity’’). State conformity revisions
must be consistent with Federal
conformity regulations relating to
consultation, enforcement and
enforceability that the CAA required
EPA to promulgate.
EPA believes it is reasonable to
interpret the conformity SIP
requirements as not applying for
purposes of evaluating the redesignation
request under section 107(d) since State
conformity rules are still required after
redesignation and Federal conformity
rules apply where State rules have not
been approved. See, Wall v. EPA, 265 F.
3d 426, 438–440 (6th Cir. 2001),
upholding this interpretation. See also,
60 FR 62748 (December 7, 1995).
In the case of the Clearfield/Indiana
Area, EPA has also determined that
before being redesignated, the
Clearfield/Indiana Area need not
comply with the requirement that a NSR
program be approved prior to
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redesignation. Additionally,
Pennsylvania’s preconstruction
permitting program regulations in
Chapter 127.200–217 of the
Pennsylvania Code (approved into the
SIP at 40 CFR 52.2020(c)), apply only to
ozone nonattainment area sources that
are located in areas classified as
marginal or worse, i.e. , to subpart 2
nonattainment areas. Pennsylvania’s
NSR regulations do not apply to sources
in nonattainment areas classified as
basic nonattainment under subpart 1.
Consequently, sources in the Clearfield/
Indiana Area are subject to Part D NSR
requirements of Appendix S to 40 CFR
part 51, pursuant to 40 CFR 52.24(k).
Appendix S of 40 CFR part 51 contains
the preconstruction permitting program
that applies to major stationary sources
in nonattainment areas lacking an
approved Part D NSR program.
Appendix S applies during the interim
period after EPA designates an area as
nonattainment, but before EPA approves
revisions to a SIP to implement the Part
D NSR requirements for that pollutant.
See, 70 FR 71618 (November 29, 2005).
The Chapter 127 Part D NSR regulations
in the Pennsylvania SIP explicitly apply
to attainment areas within the Ozone
Transport Region (OTR). See, Chapter
127 in 40 CFR 52.2020(c)(1); See, 66 FR
53094, October 19, 2001. Therefore,
after the Clearfield/Indiana Area is
redesignated to attainment, sources in
the Clearfield/Indiana Area will be
subject to Part D NSR applicable under
the permitting regulations in Chapter
127, because the Clearfield/Indiana Area
is located in the OTR.
All areas in the OTR, both attainment
and nonattainment, are subject to
additional control requirements under
section 184 for the purpose of reducing
interstate transport of emissions that
may contribute to downwind ozone
nonattainment. The section 184
requirements include reasonably
available control technology (RACT),
NSR, enhanced vehicle inspection and
maintenance (I/M), and Stage II vapor
recovery or a comparable measure.
EPA has also interpreted the section
184 OTR requirements, including the
NSR program, as not being applicable
for purposes of redesignation. The
rationale for this is based on two
considerations. First, the requirement to
submit SIP revisions for the section 184
requirements continues to apply to areas
in the OTR after redesignation to
attainment. Therefore, the State remains
obligated to have NSR, as well as RACT,
even after redesignation. Second, the
section 184 control measures are regionwide requirements and do not apply to
the Clearfield/Indiana Area by virtue of
the area’s designation and classification,
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42737
and thus are properly considered not
relevant to an action changing an area’s
designation. See, 61 FR 53174, 53175–
53176 (October 10, 1996) and 62 FR
24826, 24830–24832 (May 7, 1997).
In the case of Clearfield/Indiana Area,
which is located in the OTR,
nonattainment NSR will continue to be
applicable after redesignation. On
October 19, 2001 (66 FR 53094), EPA
fully approved the 1-hour
Pennsylvania’s NSR SIP revision
consisting of Pennsylvania’s Chapter
127 Part D NSR regulations that cover
the Clearfield/Indiana Area. The
Chapter 127 Part D NSR regulations in
the Pennsylvania SIP explicitly apply
the requirements for NSR of section 184
of the CAA to attainment areas within
the OTR.
3. The Clearfield/Indiana Area Has a
Fully Approved SIP for the Purposes of
Redesignation
EPA has fully approved the
Pennsylvania SIP for the purposes of
redesignation. EPA may rely on prior
SIP approvals in approving a
redesignation request. Calcagni Memo,
p. 3; Southwestern Pennsylvania Growth
Alliance v. Browner, 144 F. 3d 984, 989–
90 (6th Cir. 1998); Wall v. EPA, 265 F.3d
426 (6th Cir. 2001), plus any additional
measures it may approve in conjunction
with a redesignation action. See also, 68
FR at 25425 (May 12, 2003) and
citations therein. The Clearfield/Indiana
Area was a 1-hour attainment/
unclassifiable area at the time of its
designation as a basic 8-hour ozone
nonattainment area on April 30, 2004
(69 FR 23857). Because the Clearfield/
Indiana Area was a 1-hour attainment/
unclassifiable area, there are no
previous Part D SIP submittal
requirements. Also, no Part D submittal
requirements have come due prior to the
submittal of the 8-hour maintenance
plan for the area. Therefore, all Part D
submittal requirements have been
fulfilled. Because there are no
outstanding SIP submission
requirements applicable for the
purposes of redesignation of the
Clearfield/Indiana Area, the applicable
implementation plan satisfies all
pertinent SIP requirements. As
indicated previously, EPA believes that
the section 110 elements not connected
with Part D nonattainment plan
submissions and not linked to the area’s
nonattainment status are not applicable
requirements for purposes of
redesignation. EPA also believes that no
8-hour Part D requirements applicable
for purposes of redesignation have yet
become due for the Clearfield/Indiana
Area, and therefore they need not be
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approved into the SIP prior to
redesignation.
C. The Air Quality Improvement in the
Clearfield/Indiana Area Is Due to
Permanent and Enforceable Reductions
in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution
Control Regulations and Other
Permanent and Enforceable Reductions
quality improvement in the Clearfield/
Indiana Area is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
SIP, Federal measures, and other Stateadopted measures. Emissions reductions
attributable to these rules are shown in
Table 3.
EPA believes that the Commonwealth
has demonstrated that the observed air
TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR 2002 AND 2004 IN TONS PER SUMMER DAY (TPD)
Year
Point
Area
Mobile
Nonroad
Total
Volatile Organic Compounds (VOC)
Year 2002 ............................................................................
Year 2004 ............................................................................
Diff. (02–04) .........................................................................
1.2
1.2
0.0
9.5
9.2
¥0.3
10.8
9.4
¥1.4
3.6
3.4
¥0.2
25.1
23.2
¥1.9
1.0
1.0
0.0
25.1
22.2
¥2.9
4.5
4.2
¥0.3
174.8
156.7
¥18.1
Nitrogen Oxides (NOX)
Year 2002 ............................................................................
Year 2004 ............................................................................
Diff. (02–04) .........................................................................
Between 2002 and 2004, VOC
emissions were reduced by 1.9 tpd, and
NOX emissions were reduced by 18.1
tpd. These reductions and anticipated
future reductions are due to the
following permanent and enforceable
measures implemented or in the process
of being implemented in the Clearfield/
Indiana Area:
1. Stationary Point Sources
NOX SIP Call (66 FR 43795, August 21,
2001).
2. Stationary Area Sources
Solvent Cleaning (68 FR 2206, January
16, 2003).
Portable Fuel Containers (69 FR 70893,
December 8, 2004).
3. Highway Vehicle Sources
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Federal Motor Vehicle Control Programs
(FMVCP)
—Tier 1 (56 FR 25724, June 5, 1991).
—Tier 2 (65 FR 6698, February 10,
2000).
Heavy Duty Engines and Vehicles
Standards (62 FR 54694, October 21,
1997 and 65 FR 59896, October 6,
2000).
National Low Emission Vehicle (NLEV)
(64 FR 72564, December 28, 1999).
Vehicle Safety Inspection Program (70
FR 58313, October 6, 2005).
4. Nonroad Sources
Nonroad Diesel Engine and Fuel (69 FR
38958, June 29, 2004)
EPA believes that permanent and
enforceable emissions reductions are the
cause of the long-term improvement in
ozone levels and are the cause of the
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144.2
129.3
¥14.9
Clearfield/Indiana Area achieving
attainment of the 8-hour ozone
standard.
D. The Clearfield/Indiana Area Has a
Fully Approved Maintenance Plan
Pursuant to Section 175A of the CAA
In conjunction with its request to
redesignate the Clearfield/Indiana Area
to attainment status, Pennsylvania
submitted a SIP revision to provide for
maintenance of the 8-hour ozone
NAAQS in the Clearfield/Indiana Area
for at least 10 years after redesignation.
Pennsylvania is requesting that EPA
approve this SIP revision as meeting the
requirement of section 175A of the
CAA. Once approved, the maintenance
plan for the 8-hour ozone NAAQS will
ensure that the SIP for the Clearfield/
Indiana Area meets the requirements of
the CAA regarding maintenance of the
applicable 8-hour ozone standard.
What Is Required in a Maintenance
Plan?
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after approval of a redesignation of
an area to attainment. Eight years after
the redesignation, the State must submit
a revised maintenance plan
demonstrating that attainment will
continue to be maintained for the next
10-year period following the initial 10year period. To address the possibility
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of future NAAQS violations, the
maintenance plan must contain such
contingency measures, with a schedule
for implementation, as EPA deems
necessary to assure prompt correction of
any future 8-hour ozone violations.
Section 175A of the CAA sets forth the
elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. The
Calcagni memo provides additional
guidance on the content of a
maintenance plan. An ozone
maintenance plan should address the
following provisions:
(1) An attainment emissions
inventory;
(2) A maintenance demonstration;
(3) A monitoring network;
(4) Verification of continued
attainment; and
(5) A contingency plan.
Analysis of the Clearfield/Indiana Area
Maintenance Plan
(a) Attainment Inventory—An
attainment inventory includes the
emissions during the time period
associated with the monitoring data
showing attainment. An attainment
inventory year of 2004 was used for the
Clearfield/Indiana Area since it is a
reasonable year within the 3-year block
of 2004–2006 and accounts for
reductions attributable to
implementation of the CAA
requirements to date. The 2004
inventory is consistent with EPA
guidance and is based on actual ‘‘typical
summer day’’ emissions of VOC and
NOX during 2004 and consists of a list
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of sources and their associated
emissions.
PADEP prepared comprehensive VOC
and NOX emissions inventories for the
Clearfield/Indiana Area, including
point, area, mobile on-road, and mobile
non-road sources for a base-year of
2002.
To develop the NOX and VOC baseyear emissions inventories, PADEP used
the following approaches and sources of
data:
(i) Point source emissions—
Pennsylvania requires owners and
operators of larger facilities to submit
annual production figures and emission
calculations each year. Throughput data
are multiplied by emission factors from
Factor Information Retrieval (FIRE) Data
System and EPA’s publication series
AP–42 and are based on Source
Classification Code (SCC). Each process
has at least one SCC assigned to it. If the
owners and operators of facilities
provide more accurate emission data
based upon other factors, these emission
estimates supersede those calculated
using SCC codes.
(ii) Area source emissions—Area
source emissions are generally
estimated by multiplying an emission
factor by some known indicator or
collective activity for each area source
category at the county level.
Pennsylvania estimates emissions from
area sources using emission factors and
SCC codes in a method similar to that
used for stationary point sources.
Emission factors may also be derived
from research and guidance documents
if those documents are more accurate
than FIRE and AP–42 factors.
Throughput estimates are derived from
county-level activity data, by
apportioning national and statewide
activity data to counties, from census
numbers, and from county employee
numbers. County employee numbers are
based upon North American Industry
Classification System (NAICS) codes to
establish that those numbers are specific
to the industry covered.
(iii) On-road mobile sources—PADEP
employs an emissions estimation
methodology that uses current EPAapproved highway vehicle emission
model, MOBILE 6.2, to estimate
highway vehicle emissions. The
Clearfield/Indiana Area highway vehicle
emissions in 2004 were estimated using
MOBILE 6.2 and PENNDOT estimates of
vehicle miles traveled (VMT) by vehicle
type and roadway type.
(iv) Mobile nonroad emissions—The
2002 and 2004 emissions for the
majority of nonroad emission source
categories were estimated using the EPA
NONROAD 2005 model. The
NONROAD model estimates emissions
for diesel, gasoline, liquefied petroleum
gasoline, and compressed natural gasfueled nonroad equipment types and
includes growth factors. The NONROAD
model does not estimate emissions from
aircraft or locomotives. For 2002 and
2004 locomotive emissions, PADEP
projected emissions from a 1999 survey
using national fuel information and EPA
emission and conversion factors. There
are no commercial aircraft operations in
Clearfield and Indiana counties. For
2002 and 2004 aircraft emissions,
PADEP estimated emissions using small
aircraft operation statistics from
www.airnav.com, and emission factors
and operational characteristics in the
EPA-approved model, Emissions and
Dispersion Modeling System (EDMS).
The 2004 attainment year VOC and
NOX emissions for the Clearfield/
Indiana Area are summarized along
with the 2009 and 2018 projected
emissions for this area in Tables 4 and
5, which show the demonstration of
maintenance for this area. EPA has
concluded that Pennsylvania has
adequately derived and documented the
2004 attainment year VOC and NOX
emissions for this area.
(b) Maintenance Demonstration—On
June 14, 2007, PADEP submitted a
maintenance plan as required by section
175A of the CAA. The Clearfield/
Indiana Area plan shows maintenance
of the 8-hour ozone NAAQS by
demonstrating that current and future
emissions of VOC and NOX remain at or
below the attainment year 2004
emissions levels throughout the
Clearfield/Indiana Area through the year
2018. A maintenance demonstration
need not be based on modeling. See,
Wall v. EPA, supra; Sierra Club v. EPA,
supra. See also, 66 FR at 53099–53100;
68 FR at 25430–32.
Tables 4 and 5 specify the VOC and
NOX emissions for the Clearfield/
Indiana Area for 2004, 2009, and 2018.
Table 5 reflects the new methodology
used to project future emissions of NOX
from EGUs, submitted on May 23, 2008.
PADEP chose 2009 as an interim year in
the 10-year maintenance demonstration
period to demonstrate that the VOC and
NOX emissions are not projected to
increase above the 2004 attainment level
during the time of the 10-year
maintenance period.
TABLE 4.—TOTAL VOC EMISSIONS FOR 2004–2018
(Tons per summer day)
Source Category
2004
2009
2018
Stationary Point Sources .............................................................................................................
Stationary Area Sources ..............................................................................................................
Highway Vehicles ........................................................................................................................
Nonroad Engines/Vehicles ..........................................................................................................
1.2
9.2
9.4
3.4
1.3
8.4
7.2
2.8
1.5
8.6
4.7
2.3
Total ......................................................................................................................................
23.2
19.7
17.1
TABLE 5.—TOTAL NOX EMISSIONS 2004–2018
(Tons per summer day)
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Source Category
2004
2009
2018
Stationary Point Sources .............................................................................................................
Stationary Area Sources ..............................................................................................................
Highway Vehicles ........................................................................................................................
Nonroad Engines/Vehicles ..........................................................................................................
129.3
1.0
22.2
4.2
89.2
1.1
16.3
3.5
79.1
1.1
7.6
2.4
Total ......................................................................................................................................
156.7
110.1
90.2
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The following programs are either
effective or due to become effective and
will further contribute to the
maintenance demonstration of the 8hour ozone NAAQS:
1. Pennsylvania’s Portable Fuel
Containers (69 FR 70893, December 8,
2004)
2. Pennsylvania’s Consumer Products
(69 FR 70895, December 8, 2004)
3. Pennsylvania’s Architectural and
Industrial Maintenance (AIM) Coatings
(69 FR 68080, November 23, 2004)
4. NOX SIP Call (66 FR 43795, August
21, 2001)
5. Federal Clean Air Interstate Rule
(71 FR 25328, April 28, 2006)
6. FMVCP for passenger vehicles and
light-duty trucks and cleaner gasoline
(2009 and 2018 fleet)—Tier 1 and Tier
2 (56 FR 25724, June 5, 1991 and 65 FR
6698, February 10, 2000)
7. NLEV Program, which includes the
Pennsylvania’s Clean Vehicle Program
for passenger vehicles and light-duty
trucks (69 FR 72564, December 28,
1999)—proposed amendments to move
the implementation to model year (MY)
2008
8. Heavy duty diesel on-road (2004/
2007) and low-sulfur on-road (2006) (66
FR 5002, January 18, 2001)
9. Vehicles Safety Inspection Program
(70 FR 58313, October 6, 2005)
10. Non-road emissions standards
(2008) and off-road diesel fuel (2007/
2010) (69 FR 38958, June 29, 2004)
Based upon the comparison of the
projected emissions and the attainment
year emissions along with the additional
measures, EPA concludes that PADEP
has successfully demonstrated that the
8-hour ozone standard should be
maintained in the Clearfield/Indiana
Area.
(c) Monitoring Network—There are
currently two monitors measuring ozone
in the Clearfield/Indiana Area.
Pennsylvania will continue to operate
its current air quality monitors in
accordance with 40 CFR part 58.
(d) Verification of Continued
Attainment—The Commonwealth will
track the attainment status of the ozone
NAAQS in the Clearfield/Indiana Area
by reviewing air quality and emissions
during the maintenance period. The
Commonwealth will perform an annual
evaluation of two key factors, VMT data
and emissions reported from stationary
sources, and compare them to the
assumptions about these factors used in
the maintenance plan. The
Commonwealth will also evaluate the
periodic (every three years) emission
inventories prepared under EPA’s
Consolidated Emission Reporting
Regulation (40 CFR part 51, Subpart A)
to see if the area exceeds the attainment
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year inventory (2004) by more than 10
percent. Based on these evaluations, the
Commonwealth will consider whether
any further emission control measures
should be implemented.
(e) The Maintenance Plan’s
Contingency Measures—The
contingency plan provisions are
designed to promptly correct a violation
of the NAAQS that occurs after
redesignation. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to ensure that the
Commonwealth will promptly correct a
violation of the NAAQS that occurs after
redesignation. The maintenance plan
should identify the events that would
‘‘trigger’’ the adoption and
implementation of a contingency
measure(s), the contingency measure(s)
that would be adopted and
implemented, and the schedule
indicating the time frame by which the
state would adopt and implement the
measure(s).
The ability of the Clearfield/Indiana
Area to stay in compliance with the 8hour ozone standard after redesignation
depends upon VOC and NOX emissions
in the area remaining at or below 2004
levels. The Commonwealth’s
maintenance plan projects VOC and
NOX emissions to decrease and stay
below 2004 levels through the year
2018. The Commonwealth’s
maintenance plan outlines the
procedures for the adoption and
implementation of contingency
measures to further reduce emissions
should a violation occur.
Contingency measures will be
considered if for two consecutive years
the fourth highest eight-hour ozone
concentrations at the Clearfield/Indiana
Area monitor are above 84 ppb. If this
trigger point occurs, the Commonwealth
will evaluate whether additional local
emission control measures should be
implemented in order to prevent a
violation of the air quality standard.
PADEP will 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 excessive
ozone levels occurred. PADEP will then
begin the process of implementing any
selected measures.
Contingency measures will be
considered in the event that a violation
of the 8-hour ozone standard occurs at
the Clearfield/Indiana Area monitors. In
the event of a violation of the 8-hour
ozone standard, contingency measures
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will be adopted in order to return the
area to attainment with the standard.
Contingency measures to be considered
for the Clearfield/Indiana Area will
include, but not be limited to the
following:
Non-regulatory measures:
—Voluntary diesel engine ‘‘chip
reflash’’—installation software to
correct the defeat device option on
certain heavy duty diesel engines.
—Diesel retrofit, including replacement,
repowering or alternative fuel use, for
public or private local onroad or
offroad fleets.
—Idling reduction technology for Class
2 yard locomotives.
—Idling reduction technologies or
strategies for truck stops, warehouses
and other freight-handling facilities.
—Accelerated turnover of lawn and
garden equipment, especially
commercial equipment, including
promotion of electric equipment.
—Additional promotion of alternative
fuel (e.g., biodiesel) for home heating
and agricultural use.
Regulatory measures:
—Additional controls on consumer
products
—Additional controls on portable fuel
containers
The plan lays out a process to have
any regulatory contingency measures in
effect within 19 months of the trigger.
The plan also lays out a process to
implement the non-regulatory
contingency measures within 12–24
months of the trigger.
VII. Are the Motor Vehicle Emissions
Budgets Established and Identified in
the Maintenance Plan for the Clearfield/
Indiana Area Adequate and
Approvable?
A. What Are the Motor Vehicle
Emissions Budgets?
Under the CAA, States are required to
submit, at various times, control strategy
SIPs and maintenance plans in ozone
areas. These control strategy SIPs (i.e.,
Reasonable Further Progress SIPs and
attainment demonstration SIPs) and
maintenance plans identify and
establish MVEBs for certain criteria
pollutants and/or their precursors to
address pollution from on-road mobile
sources. Pursuant to 40 CFR part 93 and
51.112, MVEBs must be established in
an ozone maintenance plan. A MVEB is
the portion of the total allowable
emissions that is allocated to highway
and transit vehicle use and emissions. A
MVEB serves as a ceiling on emissions
from an area’s planned transportation
system. The MVEB concept is further
explained in the preamble to the
November 24, 1993, transportation
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conformity rule (58 FR 62188). The
preamble also describes how to
establish and revise the MVEBs in
control strategy SIPs and maintenance
plans.
Under section 176(c) of the CAA, new
transportation projects, such as the
construction of new highways, must
‘‘conform’’ to (i.e., be consistent with)
the part of the State’s air quality plan
that addresses pollution from cars and
trucks. ‘‘Conformity’’ to the SIP means
that transportation activities will not
cause new air quality violations, worsen
existing violations, or delay timely
attainment of or reasonable progress
towards the NAAQS. If a transportation
plan does not ‘‘conform,’’ most new
projects that would expand the capacity
of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for
demonstrating and ensuring conformity
of such transportation activities to a SIP.
When reviewing submitted ‘‘control
strategy’’ SIPs or maintenance plans
containing MVEBs, EPA must
affirmatively find the MVEB budget
contained therein ‘‘adequate’’ for use in
determining transportation conformity.
After EPA affirmatively finds the
submitted MVEB is adequate for
transportation conformity purposes, that
MVEB can be used by State and Federal
agencies in determining whether
proposed transportation projects
‘‘conform’’ to the SIP as required by
section 176(c) of the CAA. EPA’s
substantive criteria for determining
‘‘adequacy’’ of a MVEB are set out in 40
CFR 93.118(e)(4).
EPA’s process for determining
‘‘adequacy’’ consists of three basic steps:
public notification of a SIP submission,
a public comment period, and EPA’s
adequacy finding. This process for
determining the adequacy of submitted
SIP MVEBs was initially outlined in
EPA’s May 14, 1999 guidance,
‘‘Conformity Guidance on
Implementation of March 2, 1999,
Conformity Court Decision.’’ This
guidance was finalized in the
Transportation Conformity Rule
Amendments for the ‘‘New 8-Hour
Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous
Revisions for Existing Areas;
Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change’’
on July 1, 2004 (69 FR 40004). EPA
consults this guidance and follows this
rulemaking in making its adequacy
determinations.
The MVEBs for the Clearfield/Indiana
Area are listed in Table 1 for 2009 and
2018. Table 1 presents the projected
emissions for the on-road mobile
sources plus any portion of the safety
margin allocated to the MVEBs (safety
margin allocation for 2009 and 2018
only). These emission budgets, when
approved by EPA, must be used for
transportation conformity
determinations.
B. What Is a Safety Margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
42741
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. The
attainment level of emissions is the
level of emissions during one of the
years in which the area met the NAAQS.
The following example is for the 2018
safety margin: the Clearfield/Indiana
Area first attained the 8-hour ozone
NAAQS during the 2002 to 2004 time
period. The Commonwealth used 2004
as the year to determine attainment
levels of emissions for the Clearfield/
Indiana Area.
The total emissions from point, area,
mobile on-road, and mobile non-road
sources in 2004 for the Clearfield/
Indiana Area equaled 23.2 tpd of VOC
and 156.7 tpd of NOX . The PADEP
projected total emissions out to the year
2018 of 17.1 tpd of VOC and 90.2 tpd
of NOX from all sources in the
Clearfield/Indiana Area. The safety
margin for 2018 would be the difference
between these amounts, or 6.1 tpd of
VOC and 66.5 tpd of NOX . The
emissions up to the level of the
attainment year, including the safety
margins, are projected to maintain the
area’s air quality consistent with the 8hour ozone NAAQS. The safety margin
is the extra emissions reduction below
the attainment levels that can be
allocated for emissions by various
sources as long as the total emission
levels are maintained at or below the
attainment levels. Table 6 shows the
safety margins for the 2009 and 2018
years.
TABLE 6.—SAFETY MARGINS FOR CLEARFIELD/INDIANA AREA TONS PER SUMMER DAY (TPD) (2009 & 2018)
VOC emissions (tpd)
Inventory year
2004
2009
2009
2004
2018
2018
Attainment .......................................................................................................................................................
Interim .............................................................................................................................................................
Safety Margin .................................................................................................................................................
Attainment .......................................................................................................................................................
Final ................................................................................................................................................................
Safety Margin .................................................................................................................................................
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North Central Pennsylvania Regional
Planning and Development Commission
RPO MVEB (Clearfield County)
The PADEP allocated 0.24 tpd of VOC
and 0.33 tpd of NOX of the 2009 safety
margin to the interim VOC projected onroad mobile source emissions and the
2009 interim NOX projected on-road
mobile source emissions to arrive at the
2009 MVEB to be allocated to the
Clearfield County portion of the Area
covered by the North Central
Pennsylvania Regional Planning and
Development Commission RPO.
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The PADEP also allocated 0.34 tpd of
VOC and 0.38 tpd of NOX of the 2018
safety margins to arrive at the 2018
MVEBs to be allocated to the Clearfield
County portion of the Area covered by
the North Central PA Regional Planning
and Development Commission RPO.
Southwestern Pennsylvania
Commission MPO MVEB (Indiana
County)
The PADEP allocated 0.24 tpd of VOC
and 0.36 tpd of NOX of the 2009 safety
margin to the interim VOC projected onroad mobile source emissions and the
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23.2
19.7
3.5
23.2
17.1
6.1
NOX emissions (tpd)
156.7
110.1
46.6
156.7
90.2
66.5
2009 interim NOX projected on-road
mobile source emissions to arrive at the
2009 MVEB to be allocated to the
Indiana County portion of the Area
covered by the Southwestern
Pennsylvania Commission MPO.
The PADEP also allocated 0.34 tpd of
VOC and 0.41 tpd of NOX of the 2018
safety margins to arrive at the 2018
MVEBs to be allocated to the Indiana
County portion of the Area covered by
the Southwestern Pennsylvania
Commission MPO.
Once allocated to the mobile source
budgets these portions of the safety
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Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Proposed Rules
margins are no longer available, and
may no longer be allocated to any other
source category. Tables 7 and 8 show
the final 2009 and 2018 MVEBs for the
Clearfield/Indiana Area, including the
portion of the each total MVEB that has
been allocated to the Clearfield County
portion of the Area (served by the North
Central PA Regional Planning and
Development Commission RPO) and for
the Indiana County portion of the Area
(served by the Southwestern
Pennsylvania Commission MPO) and
reflect the changes made in the May 23,
2008 SIP revision:
TABLE 7.—MOTOR VEHICLE EMISSION BUDGETS FOR THE CLEARFIELD COUNTY PORTION OF THE CLEARFIELD/INDIANA
AREA (2009 & 2018)* NORTH CENTRAL PENNSYLVANIA REGIONAL PLANNING AND DEVELOPMENT COMMISSION RPO
VOC Emissions (tpd)
Inventory year
2009
2009
2009
2018
2018
2018
Projected On Road (Highway) Emissions ......................................................................................................
Safety Margin Allocated to MVEBs ................................................................................................................
MVEBs ............................................................................................................................................................
Projected On Road (Highway) Emissions ......................................................................................................
Safety Margin Allocated to MVEBs ................................................................................................................
MVEBs ............................................................................................................................................................
3.87
0.24
4.11
2.37
0.34
2.71
NOX Emissions (tpd)
11.11
0.33
11.44
4.76
0.38
5.14
* PADEP calculates MVEBs using kilograms per summer day, and converts the values to tons per summer day for informational purposes.
This may appear to make the totals in the table incorrect, but is merely the result of the rounded tpd values.
TABLE 8.—MOTOR VEHICLE EMISSION BUDGETS FOR THE INDIANA COUNTY PORTION OF THE CLEARFIELD/INDIANA AREA
(2009 & 2018) * SOUTHWESTERN PENNSYLVANIA COMMISSION MPO
VOC Emissions (tpd)
Inventory year
2009
2009
2009
2018
2018
2018
Projected On Road (Highway) Emissions ......................................................................................................
Safety Margin Allocated to MVEBs ................................................................................................................
MVEBs ............................................................................................................................................................
Projected On Road (Highway) Emissions ......................................................................................................
Safety Margin Allocated to MVEBs ................................................................................................................
MVEBs ............................................................................................................................................................
2.82
0.24
3.06
1.58
0.34
1.92
NOX Emissions (tpd)
4.49
0.36
4.85
1.99
0.41
2.40
* PADEP calculates MVEBs using kilograms per summer day, and converts the values to tons per summer day for informational purposes.
This may appear to make the totals in the table incorrect, but is merely the result of the rounded tpd values.
C. Why Are the MVEBs Approvable?
The 2009 and 2018 MVEBs for the
Clearfield/Indiana Area are approvable
because the MVEBs for NOX and VOC,
including the allocated safety margins,
continue to maintain the total emissions
at or below the attainment year
inventory levels as required by the
transportation conformity regulations.
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D. What Is the Adequacy and Approval
Process for the MVEBs in the Clearfield/
Indiana Area Maintenance Plan?
The MVEBs for the Clearfield/Indiana
Area maintenance plan are being posted
to EPA’s conformity Web site
concurrent with this proposal. The
public comment period will end at the
same time as the public comment period
for this proposed rule. In this case, EPA
is concurrently processing the action on
the maintenance plan and the adequacy
process for the MVEBs contained
therein. In this proposed rule, EPA is
proposing to find the MVEBs adequate
and also proposing to approve the
MVEBs as part of the maintenance plan.
The MVEBs cannot be used for
transportation conformity until the
maintenance plan update and associated
MVEBs are approved in a final Federal
Register notice, or EPA otherwise finds
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the budgets adequate in a separate
action following the comment period.
If EPA receives adverse written
comments with respect to the proposed
approval of the Clearfield/Indiana Area
MVEBs, or any other aspect of our
proposed approval of this updated
maintenance plan, we will respond to
the comments on the MVEBs in our
final action or proceed with the
adequacy process as a separate action.
Our action on the Clearfield/Indiana
Area MVEBs will also be announced on
EPA’s conformity Web site: http: //
www.epa.gov.otaq/stateresources/
transconf/index.htm (once there, click
on ‘‘Adequacy Review of SIP
Submissions’’).
VIII. Proposed Actions
EPA is proposing to determine that
the Clearfield/Indiana Area has attained
the 8-hour ozone NAAQS. EPA is also
proposing to approve the redesignation
of the Area from nonattainment to
attainment for the 8-hour ozone
NAAQS. EPA has evaluated
Pennsylvania’s redesignation request
and determined that it meets the
redesignation criteria set forth in section
107(d)(3)(E) of the Act. EPA believes
that the redesignation request and
monitoring data demonstrate that the
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Area has attained the 8-hour ozone
standard. The final approval of this
redesignation request would change the
designation of the Clearfield/Indiana
Area from nonattainment to attainment
for the 8-hour ozone standard. EPA is
also proposing to approve the associated
maintenance plan for the Clearfield/
Indiana Area as a revision to the
Pennsylvania SIP, submitted on June 14,
2007. EPA is also proposing to approve
the May 23, 2008 submittal that replaces
the former methodology for projecting
future emissions of NOX from EGUs, as
well as the MVEBs submitted on June
14, 2007. EPA is proposing to approve
the maintenance plan for the Clearfield/
Indiana Area because it meets the
requirements of section 175A as
described previously in this notice. EPA
is also proposing to approve the 2002
base-year inventory for the Clearfield/
Indiana Area, submitted by PADEP on
June 14, 2007 and a supplemental
submittal on May 23, 2008. Finally, EPA
is proposing to approve the MVEBs
submitted by Pennsylvania for the
Clearfield/Indiana Area in conjunction
with its redesignation request. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
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IX. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)). This action merely proposes
to approve state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Redesignation of an area to
attainment under section 107(d)(3)(e) of
the Act does not impose any new
requirements on small entities.
Redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on sources. Redesignation
of an area to attainment under section
107(d)(3)(E) of the Act does not impose
any new requirements on small entities.
Redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on sources. Accordingly,
the Administrator certifies that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rule proposes to
approve pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). Because this action
affects the status of a geographical area
or allows the state to avoid adopting or
implementing other requirements and
because this action does not impose any
new requirements on sources, this
proposed rule also does not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
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17:30 Jul 22, 2008
Jkt 214001
proposes to approve a state rule
implementing a Federal requirement,
and does not alter the relationship or
the distribution of power and
responsibilities established in the Act.
This proposed rule also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it approves a
state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Act. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Act. Redesignation is an action that
affects the status of a geographical area
and does not impose any new
requirements on sources. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order.
This rule, proposing to approve the
redesignation of the Clearfield/Indiana
Area to attainment for the 8-hour ozone
NAAQS, the associated maintenance
plan, the 2002 base-year inventory, and
the MVEBs identified in the
maintenance plan, does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen oxides,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
42743
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 9, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8–16639 Filed 7–22–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Parts 5 and 51c
RIN 0906–AA44
Designation of Medically Underserved
Populations and Health Professional
Shortage Areas
Health Resources and Services
Administration, HHS.
AGENCY:
ACTION:
Proposed rule; status.
SUMMARY: The Health Resources and
Services Administration (HRSA)
received many substantive comments on
the proposed rule and will consider
these comments carefully. Based on a
preliminary review of the comments, it
appears that HRSA will need to make a
number of changes in the proposed rule.
Instead of issuing a final regulation as
the next step, HHS will issue a new
Notice of Proposed Rulemaking for
further review and public comment
prior to issuing a final rule.
FOR FURTHER INFORMATION CONTACT:
Andy Jordan, 301–594–0197.
On
February 29, 2008, HHS published a
Notice of Proposed Rulemaking,
‘‘Designation of Medically Underserved
Populations and Health Professional
Shortage Areas’’ (73 FR 11232). The
initial notice provided a 60-day
comment period. Due to the level of
interest in the proposed rule, two 30day extensions of the comment period
were published in the Federal Register,
one on April 21, 2008 (73 FR 21300) and
the second on June 2, 2008 (73 FR
31418). The latest comment period
closed on June 30, 2008.
SUPPLEMENTARY INFORMATION:
Dated: July 17, 2008.
Elizabeth M. Duke,
Administrator, Health Resources and Services
Administration.
[FR Doc. E8–16831 Filed 7–22–08; 8:45 am]
BILLING CODE 4165–15–P
E:\FR\FM\23JYP1.SGM
23JYP1
]]>Agencies
[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Proposed Rules]
[Pages 42731-42743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16639]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2007-0624; FRL-8694-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Clearfield/Indiana 8-Hour Ozone
Nonattainment Area to Attainment and Approval of the Maintenance Plan
and 2002 Base-Year Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a redesignation request and State
Implementation Plan (SIP) revisions submitted by the Commonwealth of
Pennsylvania. The Pennsylvania Department of Environmental Protection
(PADEP) is requesting that the Clearfield and Indiana Counties ozone
nonattainment area (Clearfield/Indiana Area) be redesignated as
attainment for the 8-hour ozone national ambient air quality standard
(NAAQS). EPA is proposing to approve the ozone redesignation request
for the Clearfield/Indiana Area. In conjunction with its redesignation
request, PADEP submitted a SIP revision consisting of a maintenance
plan for the Clearfield/Indiana Area that provides for continued
attainment of the 8-hour ozone NAAQS for at least 10 years after
redesignation. EPA is proposing to make a determination that the
Clearfield/Indiana Area has attained the 8-hour ozone NAAQS, based upon
three years of complete quality-assured ambient air quality ozone
monitoring data for 2004-2006. EPA's proposed approval of the 8-hour
ozone redesignation request is based on its determination that the
Clearfield/Indiana Area has met the criteria for redesignation to
attainment specified in the Clean Air Act (CAA). In addition, PADEP
submitted a 2002 base-year inventory for the Clearfield/Indiana Area
which EPA is proposing to approve as a SIP revision. EPA is also
providing information on the status of its adequacy determination for
the motor vehicle emission budgets (MVEBs) that are identified in the
Clearfield/Indiana Area maintenance plan for purposes of transportation
conformity, which EPA is also
[[Page 42732]]
proposing to approve. EPA is proposing approval of the redesignation
request, the maintenance plan, the 2002 base-year inventory, and the
MVEBs SIP revisions in accordance with the requirements of the CAA.
DATES: Written comments must be received on or before August 22, 2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0624 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2007-0624, Cristina Fernandez, Branch Chief,
Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0624. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at 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: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What Are the Actions EPA Is Proposing To Take?
II. What Is the Background for These Proposed Actions?
III. What Are the Criteria for Redesignation to Attainment?
IV. Why Is EPA Taking These Actions?
V. What Would Be the Effect of These Actions?
VI. What Is EPA's Analysis of the State's Request?
VII. Are the Motor Vehicle Emissions Budgets Established and
Identified in the Maintenance Plan for the Clearfield/Indiana Area
Adequate and Approvable?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews
I. What Are the Actions EPA Is Proposing To Take?
On June 14, 2007, PADEP formally submitted a request to redesignate
the Clearfield/Indiana Area from nonattainment to attainment of the 8-
hour NAAQS for ozone. Concurrently, PADEP submitted a maintenance plan
for the Clearfield/Indiana Area as a SIP revision to ensure continued
attainment for at least 10 years after redesignation. PADEP also
submitted a 2002 base-year inventory as a SIP revision. On May 23,
2008, PADEP formally submitted a revision to the June 14, 2007
submittal encompassing two changes. First, PADEP submitted a new
methodology that projects future emissions of nitrogen oxides
(NOX ) from electric generating units (EGUs) to replace the
former methodology submitted on June 14, 2007. Second, PADEP separated
the MVEBs for the Clearfield/Indiana Area into separate MVEBs for
Clearfield County and Indiana County, to replace the MVEBs established
in the June 14, 2007 submittal.
The Clearfield/Indiana Area was designated a subpart 1 or a basic
8-hour ozone nonattainment area in a final rule published on April 30,
2004 (69 FR 23858), based upon its exceedance of the 8-hour health-
based standard for ozone during the years 2001-2003. EPA is proposing
to determine that the Clearfield/Indiana Area has attained the 8-hour
ozone NAAQS and that it has met the requirements for redesignation
pursuant to section 107(d)(3)(E) of the Clean Air Act. EPA is,
therefore, proposing to approve the redesignation request to change the
designation of the Clearfield/Indiana Area from nonattainment to
attainment for the 8-hour ozone NAAQS. EPA is also proposing to approve
the Clearfield/Indiana Area maintenance plan as a SIP revision. The
maintenance plan is designed to ensure continued attainment in the
Clearfield/Indiana Area for the next ten years. EPA is also proposing
to approve the 2002 base-year inventory for the Clearfield/Indiana Area
as a SIP revision. Additionally, EPA is announcing its action on the
adequacy process for the MVEBs identified in the Clearfield/Indiana
Area maintenance plan, and proposing to approve the MVEBs identified
for volatile organic compounds (VOC) and NOX for
transportation conformity purposes.
II. What Is the Background for These Proposed Actions?
A. General
Ground-level ozone is not emitted directly by sources. Rather,
emissions of NOX and VOC react in the presence of sunlight
to form ground-level ozone. The air pollutants NOX and VOC
are referred to as precursors of ozone. The CAA establishes a process
for air quality management through the attainment and maintenance of
the NAAQS.
On July 18, 1997, EPA promulgated a revised 8-hour ozone standard
of 0.08 parts per million (ppm). This standard is more stringent than
the previous 1-hour ozone standard. EPA designated, as nonattainment,
any area violating the 8-hour ozone NAAQS based on the air quality data
for the three years of 2001-2003. These were the most recent three
years of data at the time EPA designated
[[Page 42733]]
8-hour areas. The Clearfield/Indiana Area was designated as basic 8-
hour ozone nonattainment status in a Federal Register notice published
on April 30, 2004 (69 FR 23858), based on its exceedance of the 8-hour
health-based standard for ozone during the years 2001-2003.
On April 30, 2004, EPA issued a final rule (69 FR 23951, 23996) to
revoke the 1-hour ozone NAAQS in the Clearfield/Indiana Area (as well
as most other areas of the country) effective June 15, 2005. See, 40
CFR 50.9(b); 69 FR at 23966 (April 30, 2004); 70 FR 44470 (August 3,
2005).
However, on December 22, 2006, the U.S. Court of Appeals for the
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard. (69 FR 23951, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (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 CAA as 8-hour nonattainment areas, the 8-hour
attainment dates and the timing for emissions reductions needed for
attainment of the 8-hour ozone NAAQS remain effective.
The June 8 decision left intact the Court's rejection of EPA's
reasons for implementing the 8-hour standard in certain nonattainment
areas under subpart 1 in lieu of subpart 2. By limiting the vacatur,
the Court let stand EPA's revocation of the 1-hour standard and those
anti-backsliding provisions of the Phase 1 Rule that had not been
successfully challenged. The June 8 decision reaffirmed the December
22, 2006 decision that EPA had improperly failed to retain measures
required for 1-hour nonattainment areas under the anti-backsliding
provisions of the regulations: (1) Nonattainment area New Source Review
(NSR) requirements based on an area's 1-hour nonattainment
classification; (2) section 185 penalty fees for 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 that NAAQS. In
addition, the June 8 decision clarified that the Court's reference to
conformity requirements for anti-backsliding purposes was limited to
requiring the continued use of 1-hour motor vehicle emissions budgets
until 8-hour budgets were available for 8-hour conformity
determinations, which is already required under EPA's conformity
regulations. The Court thus clarified that 1-hour conformity
determinations are not required for anti-backsliding purposes.
The Court upheld EPA's authority to revoke the 1-hour standard
provided there were adequate anti-backsliding provisions. EPA discusses
its rationale why the decision in South Coast is not an impediment to
redesignating the Clearfield/Indiana Area to attainment of the 8-hour
ozone NAAQS elsewhere in this document.
The CAA, Title I, Part D, contains two sets of provisions--subpart
1 and subpart 2--that address planning and control requirements for
nonattainment areas. Subpart 1 (which EPA refers to as ``basic''
nonattainment) contains general, less prescriptive requirements for
nonattainment areas for any pollutant--including ozone--governed by a
NAAQS. Subpart 2 (which EPA refers to as ``classified'' nonattainment)
provides more specific requirements for ozone nonattainment areas. In
2004, Clearfield/Indiana Area was designated a basic 8-hour ozone
nonattainment area based upon air quality monitoring data from 2001-
2003, and therefore, is subject to the requirements of subpart 1 of
Part D.
Under 40 CFR part 50, the 8-hour ozone standard is attained when
the 3-year average of the annual fourth-highest daily maximum 8-hour
average ambient air quality ozone concentration is less than or equal
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). See 69 FR
23858 (April 30, 2004) for further information. Ambient air quality
monitoring data for the 3-year period must meet data completeness
requirements. The data completeness requirements are met when the
average percent of days with valid ambient monitoring data is greater
than 90 percent, and no single year has less than 75 percent data
completeness as determined in Appendix I of 40 CFR part 50. The ozone
monitoring data from the 3-year period of 2004-2006 indicates that the
Clearfield/Indiana Area has a design value of 0.077 ppm. Therefore, the
ambient ozone data for the Clearfield/Indiana Area indicates no
violations of the 8-hour ozone standard.
B. The Clearfield/Indiana Area
The Clearfield/Indiana Area consists of Clearfield and Indiana
Counties in Pennsylvania. Prior to its designation as an 8-hour ozone
nonattainment area, the Clearfield/Indiana Area was an attainment/
unclassifiable area for the 1-hour ozone nonattainment NAAQS. See 56 FR
56694 (November 6, 1991).
On June 14, 2007, PADEP requested that the Clearfield/Indiana Area
be redesignated to attainment for the 8-hour ozone standard. The
redesignation request included 3 years of complete, quality-assured
data for the period of 2004-2006, indicating that the 8-hour NAAQS for
ozone had been achieved in the Clearfield/Indiana Area. The data
satisfies the CAA requirements when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration
(commonly referred to as the area's design value) is less than or equal
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). Under the
CAA, a nonattainment area may be redesignated if sufficient complete,
quality-assured data is available to determine that the area has
attained the standard and the area meets the other CAA redesignation
requirements set forth in section 107(d)(3)(E).
III. What Are the Criteria for Redesignation to Attainment?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation, providing that:
(1) EPA determines that the area has attained the applicable NAAQS;
(2) EPA has fully approved the applicable implementation plan for
the area under section 110(k);
(3) EPA determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable
reductions;
(4) EPA has fully approved a maintenance plan for the area as
meeting the requirements of section 175A; and
(5) The State containing such area has met all requirements
applicable to the area under section 110 and Part D.
EPA provided guidance on redesignation in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990, on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). EPA has provided further guidance on processing
redesignation requests in the following documents:
``Ozone and Carbon Monoxide Design Value Calculations'',
Memorandum from Bill Laxton, June 18, 1990;
[[Page 42734]]
``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSDs) for Redesignation
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17,
1993;
``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
Memorandum from D. Kent Berry, Acting Director, Air
Quality Management Division, to Air Division Directors, Regions 1-10,
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and
CO Nonattainment Areas,'' dated November 30, 1993;
``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
``Reasonable Further Progress, Attainment Demonstration,
and Related Requirements for Ozone Nonattainment Areas Meeting the
Ozone National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May 10,
1995.
IV. Why Is EPA Taking These Actions?
On June 14, 2007, PADEP requested redesignation of the Clearfield/
Indiana Area to attainment for the 8-hour ozone standard.
Simultaneously, PADEP submitted a maintenance plan for the Clearfield/
Indiana Area as a SIP revision to ensure continued attainment at least
10 years after redesignation. PADEP also submitted a 2002 base-year
inventory as a SIP revision. On May 23, 2008, PADEP formally submitted
a SIP revision encompassing two changes. First, PADEP submitted a new
methodology that projects future emissions of NOX from EGUs
to replace the former methodology submitted on June 14, 2007. Second,
PADEP separated the MVEBs for the Clearfield/Indiana Area into separate
MVEBs for Clearfield County and Indiana County, to replace the MVEBs
established in the June 14, 2007 submittal. EPA has determined that the
Clearfield/Indiana Area has attained the 8-Hour Ozone Standard and has
met the requirements for redesignation set forth in section
107(d)(3)(E).
V. What Would Be the Effect of These Actions?
Approval of the redesignation request would change the designation
of the Clearfield/Indiana Area from nonattainment to attainment for the
8-hour ozone NAAQS found at 40 CFR part 81. It would also incorporate
into the Pennsylvania SIP a 2002 base-year inventory and a maintenance
plan ensuring continued attainment of the 8-hour ozone NAAQS in the
Clearfield/Indiana Area for the next 10 years. The maintenance plan
includes contingency measures to remedy any future violations of the 8-
hour NAAQS (should they occur), and identifies the MVEBs for
NOX and VOC for transportation conformity purposes for the
years 2009 and 2018.
Metropolitan Planning Organizations (MPOs) and the Pennsylvania
Department of Transportation (PennDOT), in conjunction with state Rural
Planning Organizations (RPOs), are responsible for making timely
transportation conformity determinations. The Clearfield/Indiana Area
contains one MPO and one RPO. The MPO is the Southwestern Pennsylvania
Commission for Indiana County, and the RPO is the North Central PA
Regional Planning and Development Commission for Clearfield County.
Pennsylvania has established separate motor vehicle emission budgets
for each MPO/RPO for their respective portion of the Clearfield/Indiana
Area. EPA's transportation conformity regulations (40 CFR 93.124(d))
allow a SIP to establish motor vehicle budgets for each MPO/RPO if a
nonattainment area includes more than one MPO/RPO.
These motor vehicle emissions budgets displayed in the following
table reflect the changes made in the May 23, 2008 SIP revision:
Table 1a.--Clearfield/Indiana Motor Vehicle Emissions Budgets North
Central Pennsylvania Regional Planning and Development Commission RPO
(Clearfield County portion of the Area), in Tons per Summer Day (tpd)
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2009 4.11 11.44
2018 2.71 5.14
------------------------------------------------------------------------
Table 1b.--Clearfield/Indiana Motor Vehicle Emissions Budgets
Southwestern Pennsylvania Commission MPO (Indiana County portion of the
Area), in Tons per Summer Day (tpd)
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2009 3.06 4.85
2018 1.92 2.40
------------------------------------------------------------------------
[[Page 42735]]
VI. What Is EPA's Analysis of the State's Request?
EPA is proposing to determine that the Clearfield/Indiana Area has
attained the 8-hour ozone standard, and that all other redesignation
criteria have been met. The following is a description of how PADEP's
June 14, 2007 and May 23, 2008 submittals satisfy the requirements of
section 107(d)(3)(E) of the CAA.
A. The Clearfield/Indiana Area Has Attained the 8-Hour Ozone NAAQS
EPA is proposing to determine that the Clearfield/Indiana Area has
attained the 8-hour ozone NAAQS. For ozone, an area attains the 8-hour
ozone NAAQS if there are no violations based on three complete and
consecutive calendar years of quality-assured air quality monitoring
data, as determined in accordance with 40 CFR 50.10 and Appendix I of
part 50. To attain this standard, the design value, which is the three
average of the fourth-highest daily maximum 8-hour average ozone
concentrations, measured at each monitor within the area over each year
must not exceed the ozone standard of 0.08 ppm. Based on the rounding
convention described in 40 CFR part 50, Appendix I, the standard is
attained if the design value is 0.084 ppm or below. The data must be
collected and quality-assured in accordance with 40 CFR part 58, and
recorded in the Air Quality System (AQS). The monitors generally should
have remained at the same location for the duration of the monitoring
period required for demonstrating attainment.
In the Clearfield/Indiana Area, there are two ozone monitors, one
in Clearfield County (AQS 42-033-4000) and another in Indiana
County (AQS 42-063-004). At the time of the June 14, 2007
submittal, the Indiana County monitor, had only two years, 2005 and
2006, of quality assured data available. Since the standard requires an
average concentration of three years, the air quality status of the
Indiana County monitoring site could not be determined using only two
years, 2005 and 2006, of ambient data. As part of its redesignation
request, Pennsylvania submitted the ozone monitoring data for the
Clearfield County monitor for the years 2004-2006 (the most recent
three years of data available as of the time of the redesignation
request) for the Clearfield/Indiana Area. This data has been quality
assured and is recorded in AQS. PADEP uses AQS as the permanent
database to maintain its quality assured data. The fourth-highest 8-
hour daily maximum concentrations, along with the three-year average,
are summarized in Table 2 for the monitor that has three complete and
consecutive calendar years of quality-assured air quality monitoring
data.
Table 2.--Clearfield/Indiana Area Fourth Highest 8-Hour Average Values;
Clearfield County Monitor, AQS ID 42-033-4000
------------------------------------------------------------------------
Year Annual 4th high reading (ppm)
------------------------------------------------------------------------
2004 0.074
2005 0.086
2006 0.072
------------------------------------------------------------------------
The average for the 3-year period 2004 through 2006 is 0.077 ppm.
------------------------------------------------------------------------
The air quality data for 2004-2006 show that the Clearfield/Indiana
Area has attained the standard with a design value of 0.077 ppm. The
data collected at the Clearfield/Indiana Area monitor satisfies the CAA
requirement that the three-year average of the annual fourth-highest
daily maximum 8-hour average ozone concentration is less than or equal
to 0.08 ppm. PADEP's request for redesignation for the Clearfield/
Indiana Area indicates that the data was quality assured in accordance
with 40 CFR part 58. In addition, with respect to the maintenance plan,
PADEP has committed to continue monitoring in accordance with 40 CFR
part 58. In summary, EPA has determined that the data submitted by
Pennsylvania and confirmed from AQS indicates that the Clearfield/
Indiana Area has attained the 8-hour ozone NAAQS.
B. The Clearfield/Indiana Area Has Met All Applicable Requirements
Under Section 110 and Part D of the CAA and Has a Fully Approved SIP
Under Section 110(k) of the CAA
EPA has determined that the Clearfield/Indiana Area has met all SIP
requirements applicable for purposes of this redesignation under
section 110 of the CAA (General SIP Requirements) and that it meets all
applicable SIP requirements under Part D of Title I of the CAA, in
accordance with section 107(d)(3)(E)(v). In addition, EPA has
determined that the SIP is fully approved with respect to all
requirements applicable for purposes of redesignation in accordance
with section 107(d)(3)(E)(ii). In making these proposed determinations,
EPA ascertained what requirements are applicable to the area and
determined that the applicable portions of the SIP meeting these
requirements are fully approved under section 110(k) of the CAA. We
note that SIPs must be fully approved only with respect to applicable
requirements.
The September 4, 1992 Calcagni memorandum (``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E) with respect to the timing of applicable requirements.
Under this interpretation, to qualify for redesignation, States
requesting redesignation to attainment must meet only the relevant CAA
requirements that come due prior to the submittal of a complete
redesignation request. See also, Michael Shapiro memorandum, September
17, 1993, and 60 FR 12459, 12465-12466, (March 7, 1995) (redesignation
of Detroit-Ann Arbor). Applicable requirements of the CAA that come due
subsequent to the area's submittal of a complete redesignation request
remain applicable until a redesignation is approved, but are not
required as a prerequisite to redesignation. Section 175A(c) of the
CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also, 68 FR
25424, 25427 (May 12, 2003) (redesignation of St. Louis).
This section also sets forth EPA's views on the potential effect of
the Court's rulings on this proposed redesignation action. For the
reasons set forth below, EPA does not believe that the Court's rulings
alter any requirements relevant to this redesignation action so as to
preclude redesignation, and do not prevent EPA from proposing or
ultimately finalizing this redesignation. EPA believes that the Court's
December 22, 2006 and June 8, 2007 decisions impose no impediment to
moving forward with redesignation of this area to attainment, because
even in light of the Court's decisions, redesignation is appropriate
under the relevant redesignation provisions of the CAA and longstanding
policies regarding redesignation requests.
1. Section 110 General SIP Requirements
Section 110(a)(2) of Title I of the CAA delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means, or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
The general SIP elements and requirements set forth in section
110(a)(2) includes, but are not limited to, the following:
[[Page 42736]]
Submittal of a SIP that has been adopted by the State
after reasonable public notice and hearing;
Provisions for establishment and operation of appropriate
procedures needed to monitor ambient air quality;
Implementation of a source permit program; provisions for
the implementation of Part C requirement (Prevention of Significant
Deterioration (PSD));
Provisions for the implementation of Part D requirements
for New Source Review (NSR) permit programs;
Provisions for air pollution modeling; and
Provisions for public and local agency participation in
planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a State from significantly contributing to air
quality problems in another State. To implement this provision, EPA has
required certain States to establish programs to address transport of
air pollutants in accordance with the NOX SIP Call, October
27, 1998 (63 FR 57356), amendments to the NOX SIP Call, May
14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and the Clean
Air Interstate Rule (CAIR), May 12, 2005 (70 FR 25162). However, the
section 110(a)(2)(D) requirements for a State are not linked with a
particular nonattainment area's designation and classification in that
State. EPA believes that the requirements linked with a particular
nonattainment area's designation and classifications are the relevant
measures to evaluate while reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a State regardless of the designation of any one particular
area in the State. Thus, we do not believe that these requirements are
applicable requirements for purposes of redesignation.
In addition, EPA believes that the other section 110 elements not
connected with nonattainment plan submissions and not linked with an
area's attainment status are not applicable requirements for purposes
of redesignation. The Clearfield/Indiana Area will still be subject to
these requirements after it is redesignated. The section 110 and Part D
requirements, which are linked with a particular area's designation and
classification, are the relevant measures to evaluate while reviewing a
redesignation request. This policy is consistent with EPA's existing
policy on applicability of conformity (i.e., for redesignations) and
oxygenated fuels requirement. See, Reading, Pennsylvania, proposed and
final rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24816,
May 7, 1997); Cleveland-Akron-Lorain, Ohio, final rulemaking (61 FR
20458, May 7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748,
December 7, 1995). See also, the discussion on this issue in the
Cincinnati redesignation (65 FR at 37890, June 19, 2000), and in the
Pittsburgh redesignation (66 FR at 50399, October 19, 2001). Similarly,
with respect to the NOX SIP Call rules, EPA noted in its
Phase 1 Final Rule to Implement the 8-hour Ozone NAAQS, that the
NOX SIP Call rules are not ``an applicable requirement for
purposes of section 110(l) because the NOX rules apply
regardless of an area's attainment or nonattainment status for the 8-
hour (or the 1-hour) NAAQS.'' 69 FR 23951, 23983 (April 30, 2004).
EPA believes that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
Any section 110 requirements that are linked to the Part D requirements
for 8-hour ozone nonattainment areas are not yet due, because no Part D
requirements applicable for purposes of redesignation under the 8-hour
standard were due prior to submission of the redesignation request.
Because the Pennsylvania SIP satisfies all of the applicable
general SIP elements and requirements set forth in section 110(a)(2),
EPA concludes that Pennsylvania has satisfied the criterion of section
107(d)(3)(E) regarding section 110 of the CAA.
2. Part D Nonattainment Area Requirements Under the 1-Hour and 8-Hour
Standards
The Clearfield/Indiana Area was designated a basic nonattainment
area for the 8-hour ozone standard. Sections 172-176 of the CAA, found
in subpart 1 of Part D, set forth the basic nonattainment requirements
for all nonattainment areas. As discussed previously, because the
Clearfield/Indiana Area was designated unclassifiable/attainment under
the 1-hour standard, and was never designated nonattainment for the 1-
hour standard, there are no outstanding 1-hour nonattainment area
requirements it would be required to meet. Thus, we find that the
Court's ruling does not result in any additional 1-hour requirements
for purposes of redesignation.
With respect to the 8-hour standard, EPA notes that the Court's
ruling rejected EPA's reasons for classifying areas under subpart 1 for
the 8-hour standard, and remanded that matter to the Agency.
Consequently, it is possible that this area could, during a remand to
EPA, be reclassified under subpart 2. Although any future decision by
EPA to classify this area under subpart 2 might trigger additional
future requirements for the area, EPA believes that this does not mean
that redesignation of the area cannot now go forward. This belief is
based upon (1) EPA's longstanding policy of evaluating requirements in
accordance with the requirements due at the time the request is
submitted; and (2) consideration of the inequity of applying
retroactively any requirements that might in the future be applied.
At the time the redesignation request was submitted, the
Clearfield/Indiana Area was classified under subpart 1 and was
obligated to meet subpart 1 requirements. Under EPA's longstanding
interpretation of section 107(d)(3)(E) of the CAA, to qualify for
redesignation, states requesting redesignation to attainment must meet
only the relevant SIP requirements that came due prior to the submittal
of a complete redesignation request. September 4, 1992 Calcagni
memorandum (``Procedures for Processing Requests to Redesignate Areas
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division). See also, Michael Shapiro Memorandum, September
17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) (Redesignation of
Detroit-Ann Arbor); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004)
(which upheld this interpretation); 68 FR 25418, 25424, 25427 (May 12,
2003) (redesignation of St. Louis).
Moreover, it would be inequitable to retroactively apply any new
SIP requirements that were not applicable at the time the request was
submitted. The DC Circuit recognized the inequity in such retroactive
rulemaking. See, Sierra Club v. Whitman, 285 F. 3d 63 (DC Cir. 2002),
in which the DC Circuit upheld a District Court's ruling refusing to
make retroactive an EPA determination of nonattainment that was past
the statutory due date. Such a determination would have resulted in the
imposition of additional requirements on the area. The Court stated:
``Although EPA failed to make the nonattainment determination within
the statutory time frame, Sierra Club's proposed solution only makes
the situation worse. Retroactive relief would likely impose large costs
on the States, which would face fines and suits for not implementing
air pollution prevention plan in 1997, even though they were not on
notice at the time.'' Id. at 68. Similarly, here it would be unfair to
[[Page 42737]]
penalize the area by applying to it for purposes of redesignation
additional SIP requirements under subpart 2 that were not in effect at
the time it submitted its redesignation request.
With respect to the 8-hour standard, EPA proposes to determine that
Pennsylvania's SIP meets all applicable SIP requirements under Part D
of the CAA, because no 8-hour ozone standard Part D requirements
applicable for purposes of redesignation became due prior to submission
of the redesignation request for the Clearfield/Indiana Area. Because
the Commonwealth submitted a complete redesignation request for the
Clearfield/Indiana Area prior to the deadline for any submissions
required under the 8-hour standard, we have determined that the Part D
requirements do not apply to the Clearfield/Indiana Area for the
purposes of redesignation.
In addition to the fact that no Part D requirements applicable
under the 8-hour standard became due prior to submission of the
redesignation request, EPA believes it is reasonable to interpret the
general conformity and NSR requirements of Part D as not requiring
approval prior to redesignation.
With respect to section 176, Conformity Requirements, section
176(c) of the CAA requires States to establish criteria and procedures
to ensure that Federally supported or funded projects conform to the
air quality planning goals in the applicable SIP. The requirement to
determine conformity applies to transportation plans, programs, and
projects developed, funded or approved under Title 23 U.S.C. and the
Federal Transit Act [bs] (``transportation
conformity'') as well as to all other Federally supported or funded
projects [bs](``general conformity''). State
conformity revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
that the CAA required EPA to promulgate.
EPA believes it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of evaluating the
redesignation request under section 107(d) since State conformity rules
are still required after redesignation and Federal conformity rules
apply where State rules have not been approved. See, Wall v. EPA, 265
F. 3d 426, 438-440 (6th Cir. 2001), upholding this interpretation. See
also, 60 FR 62748 (December 7, 1995).
In the case of the Clearfield/Indiana Area, EPA has also determined
that before being redesignated, the Clearfield/Indiana Area need not
comply with the requirement that a NSR program be approved prior to
redesignation. Additionally, Pennsylvania's preconstruction permitting
program regulations in Chapter 127.200-217 of the Pennsylvania Code
(approved into the SIP at 40 CFR 52.2020(c)), apply only to ozone
nonattainment area sources that are located in areas classified as
marginal or worse, i.e. , to subpart 2 nonattainment areas.
Pennsylvania's NSR regulations do not apply to sources in nonattainment
areas classified as basic nonattainment under subpart 1. Consequently,
sources in the Clearfield/Indiana Area are subject to Part D NSR
requirements of Appendix S to 40 CFR part 51, pursuant to 40 CFR
52.24(k). Appendix S of 40 CFR part 51 contains the preconstruction
permitting program that applies to major stationary sources in
nonattainment areas lacking an approved Part D NSR program. Appendix S
applies during the interim period after EPA designates an area as
nonattainment, but before EPA approves revisions to a SIP to implement
the Part D NSR requirements for that pollutant. See, 70 FR 71618
(November 29, 2005). The Chapter 127 Part D NSR regulations in the
Pennsylvania SIP explicitly apply to attainment areas within the Ozone
Transport Region (OTR). See, Chapter 127 in 40 CFR 52.2020(c)(1); See,
66 FR 53094, October 19, 2001. Therefore, after the Clearfield/Indiana
Area is redesignated to attainment, sources in the Clearfield/Indiana
Area will be subject to Part D NSR applicable under the permitting
regulations in Chapter 127, because the Clearfield/Indiana Area is
located in the OTR.
All areas in the OTR, both attainment and nonattainment, are
subject to additional control requirements under section 184 for the
purpose of reducing interstate transport of emissions that may
contribute to downwind ozone nonattainment. The section 184
requirements include reasonably available control technology (RACT),
NSR, enhanced vehicle inspection and maintenance (I/M), and Stage II
vapor recovery or a comparable measure.
EPA has also interpreted the section 184 OTR requirements,
including the NSR program, as not being applicable for purposes of
redesignation. The rationale for this is based on two considerations.
First, the requirement to submit SIP revisions for the section 184
requirements continues to apply to areas in the OTR after redesignation
to attainment. Therefore, the State remains obligated to have NSR, as
well as RACT, even after redesignation. Second, the section 184 control
measures are region-wide requirements and do not apply to the
Clearfield/Indiana Area by virtue of the area's designation and
classification, and thus are properly considered not relevant to an
action changing an area's designation. See, 61 FR 53174, 53175-53176
(October 10, 1996) and 62 FR 24826, 24830-24832 (May 7, 1997).
In the case of Clearfield/Indiana Area, which is located in the
OTR, nonattainment NSR will continue to be applicable after
redesignation. On October 19, 2001 (66 FR 53094), EPA fully approved
the 1-hour Pennsylvania's NSR SIP revision consisting of Pennsylvania's
Chapter 127 Part D NSR regulations that cover the Clearfield/Indiana
Area. The Chapter 127 Part D NSR regulations in the Pennsylvania SIP
explicitly apply the requirements for NSR of section 184 of the CAA to
attainment areas within the OTR.
3. The Clearfield/Indiana Area Has a Fully Approved SIP for the
Purposes of Redesignation
EPA has fully approved the Pennsylvania SIP for the purposes of
redesignation. EPA may rely on prior SIP approvals in approving a
redesignation request. Calcagni Memo, p. 3; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F. 3d 984, 989-90 (6th Cir. 1998); Wall
v. EPA, 265 F.3d 426 (6th Cir. 2001), plus any additional measures it
may approve in conjunction with a redesignation action. See also, 68 FR
at 25425 (May 12, 2003) and citations therein. The Clearfield/Indiana
Area was a 1-hour attainment/unclassifiable area at the time of its
designation as a basic 8-hour ozone nonattainment area on April 30,
2004 (69 FR 23857). Because the Clearfield/Indiana Area was a 1-hour
attainment/unclassifiable area, there are no previous Part D SIP
submittal requirements. Also, no Part D submittal requirements have
come due prior to the submittal of the 8-hour maintenance plan for the
area. Therefore, all Part D submittal requirements have been fulfilled.
Because there are no outstanding SIP submission requirements applicable
for the purposes of redesignation of the Clearfield/Indiana Area, the
applicable implementation plan satisfies all pertinent SIP
requirements. As indicated previously, EPA believes that the section
110 elements not connected with Part D nonattainment plan submissions
and not linked to the area's nonattainment status are not applicable
requirements for purposes of redesignation. EPA also believes that no
8-hour Part D requirements applicable for purposes of redesignation
have yet become due for the Clearfield/Indiana Area, and therefore they
need not be
[[Page 42738]]
approved into the SIP prior to redesignation.
C. The Air Quality Improvement in the Clearfield/Indiana Area Is Due to
Permanent and Enforceable Reductions in Emissions Resulting From
Implementation of the SIP and Applicable Federal Air Pollution Control
Regulations and Other Permanent and Enforceable Reductions
EPA believes that the Commonwealth has demonstrated that the
observed air quality improvement in the Clearfield/Indiana Area is due
to permanent and enforceable reductions in emissions resulting from
implementation of the SIP, Federal measures, and other State-adopted
measures. Emissions reductions attributable to these rules are shown in
Table 3.
Table 3.--Total VOC and NOX Emissions for 2002 and 2004 in Tons per Summer Day (tpd)
----------------------------------------------------------------------------------------------------------------
Year Point Area Mobile Nonroad Total
----------------------------------------------------------------------------------------------------------------
Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
Year 2002....................... 1.2 9.5 10.8 3.6 25.1
Year 2004....................... 1.2 9.2 9.4 3.4 23.2
Diff. (02-04)................... 0.0 -0.3 -1.4 -0.2 -1.9
----------------------------------------------------------------------------------------------------------------
Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
Year 2002....................... 144.2 1.0 25.1 4.5 174.8
Year 2004....................... 129.3 1.0 22.2 4.2 156.7
Diff. (02-04)................... -14.9 0.0 -2.9 -0.3 -18.1
----------------------------------------------------------------------------------------------------------------
Between 2002 and 2004, VOC emissions were reduced by 1.9 tpd, and
NOX emissions were reduced by 18.1 tpd. These reductions and
anticipated future reductions are due to the following permanent and
enforceable measures implemented or in the process of being implemented
in the Clearfield/Indiana Area:
1. Stationary Point Sources
NOX SIP Call (66 FR 43795, August 21, 2001).
2. Stationary Area Sources
Solvent Cleaning (68 FR 2206, January 16, 2003).
Portable Fuel Containers (69 FR 70893, December 8, 2004).
3. Highway Vehicle Sources
Federal Motor Vehicle Control Programs (FMVCP)
--Tier 1 (56 FR 25724, June 5, 1991).
--Tier 2 (65 FR 6698, February 10, 2000).
Heavy Duty Engines and Vehicles Standards (62 FR 54694, October 21,
1997 and 65 FR 59896, October 6, 2000).
National Low Emission Vehicle (NLEV) (64 FR 72564, December 28, 1999).
Vehicle Safety Inspection Program (70 FR 58313, October 6, 2005).
4. Nonroad Sources
Nonroad Diesel Engine and Fuel (69 FR 38958, June 29, 2004)
EPA believes that permanent and enforceable emissions reductions
are the cause of the long-term improvement in ozone levels and are the
cause of the Clearfield/Indiana Area achieving attainment of the 8-hour
ozone standard.
D. The Clearfield/Indiana Area Has a Fully Approved Maintenance Plan
Pursuant to Section 175A of the CAA
In conjunction with its request to redesignate the Clearfield/
Indiana Area to attainment status, Pennsylvania submitted a SIP
revision to provide for maintenance of the 8-hour ozone NAAQS in the
Clearfield/Indiana Area for at least 10 years after redesignation.
Pennsylvania is requesting that EPA approve this SIP revision as
meeting the requirement of section 175A of the CAA. Once approved, the
maintenance plan for the 8-hour ozone NAAQS will ensure that the SIP
for the Clearfield/Indiana Area meets the requirements of the CAA
regarding maintenance of the applicable 8-hour ozone standard.
What Is Required in a Maintenance Plan?
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after approval of a
redesignation of an area to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the
next 10-year period following the initial 10-year period. To address
the possibility of future NAAQS violations, the maintenance plan must
contain such contingency measures, with a schedule for implementation,
as EPA deems necessary to assure prompt correction of any future 8-hour
ozone violations. Section 175A of the CAA sets forth the elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. The Calcagni memo provides additional guidance on the
content of a maintenance plan. An ozone maintenance plan should address
the following provisions:
(1) An attainment emissions inventory;
(2) A maintenance demonstration;
(3) A monitoring network;
(4) Verification of continued attainment; and
(5) A contingency plan.
Analysis of the Clearfield/Indiana Area Maintenance Plan
(a) Attainment Inventory--An attainment inventory includes the
emissions during the time period associated with the monitoring data
showing attainment. An attainment inventory year of 2004 was used for
the Clearfield/Indiana Area since it is a reasonable year within the 3-
year block of 2004-2006 and accounts for reductions attributable to
implementation of the CAA requirements to date. The 2004 inventory is
consistent with EPA guidance and is based on actual ``typical summer
day'' emissions of VOC and NOX during 2004 and consists of a
list
[[Page 42739]]
of sources and their associated emissions.
PADEP prepared comprehensive VOC and NOX emissions
inventories for the Clearfield/Indiana Area, including point, area,
mobile on-road, and mobile non-road sources for a base-year of 2002.
To develop the NOX and VOC base-year emissions
inventories, PADEP used the following approaches and sources of data:
(i) Point source emissions--Pennsylvania requires owners and
operators of larger facilities to submit annual production figures and
emission calculations each year. Throughput data are multiplied by
emission factors from Factor Information Retrieval (FIRE) Data System
and EPA's publication series AP-42 and are based on Source
Classification Code (SCC). Each process has at least one SCC assigned
to it. If the owners and operators of facilities provide more accurate
emission data based upon other factors, these emission estimates
supersede those calculated using SCC codes.
(ii) Area source emissions--Area source emissions are generally
estimated by multiplying an emission factor by some known indicator or
collective activity for each area source category at the county level.
Pennsylvania estimates emissions from area sources using emission
factors and SCC codes in a method similar to that used for stationary
point sources. Emission factors may also be derived from research and
guidance documents if those documents are more accurate than FIRE and
AP-42 factors. Throughput estimates are derived from county-level
activity data, by apportioning national and statewide activity data to
counties, from census numbers, and from county employee numbers. County
employee numbers are based upon North American Industry Classification
System (NAICS) codes to establish that those numbers are specific to
the industry covered.
(iii) On-road mobile sources--PADEP employs an emissions estimation
methodology that uses current EPA-approved highway vehicle emission
model, MOBILE 6.2, to estimate highway vehicle emissions. The
Clearfield/Indiana Area highway vehicle emissions in 2004 were
estimated using MOBILE 6.2 and PENNDOT estimates of vehicle miles
traveled (VMT) by vehicle type and roadway type.
(iv) Mobile nonroad emissions--The 2002 and 2004 emissions for the
majority of nonroad emission source categories were estimated using the
EPA NONROAD 2005 model. The NONROAD model estimates emissions for
diesel, gasoline, liquefied petroleum gasoline, and compressed natural
gas-fueled nonroad equipment types and includes growth factors. The
NONROAD model does not estimate emissions from aircraft or locomotives.
For 2002 and 2004 locomotive emissions, PADEP projected emissions from
a 1999 survey using national fuel information and EPA emission and
conversion factors. There are no commercial aircraft operations in
Clearfield and Indiana counties. For 2002 and 2004 aircraft emissions,
PADEP estimated emissions using small aircraft operation statistics
from www.airnav.com, and emission factors and operational
characteristics in the EPA-approved model, Emissions and Dispersion
Modeling System (EDMS).
The 2004 attainment year VOC and NOX emissions for the
Clearfield/Indiana Area are summarized along with the 2009 and 2018
projected emissions for this area in Tables 4 and 5, which show the
demonstration of maintenance for this area. EPA has concluded that
Pennsylvania has adequately derived and documented the 2004 attainment
year VOC and NOX emissions for this area.
(b) Maintenance Demonstration--On June 14, 2007, PADEP submitted a
maintenance plan as required by section 175A of the CAA. The
Clearfield/Indiana Area plan shows maintenance of the 8-hour ozone
NAAQS by demonstrating that current and future emissions of VOC and
NOX remain at or below the attainment year 2004 emissions
levels throughout the Clearfield/Indiana Area through the year 2018. A
maintenance demonstration need not be based on modeling. See, Wall v.
EPA, supra; Sierra Club v. EPA, supra. See also, 66 FR at 53099-53100;
68 FR at 25430-32.
Tables 4 and 5 specify the VOC and NOX emissions for the
Clearfield/Indiana Area for 2004, 2009, and 2018. Table 5 reflects the
new methodology used to project future emissions of NOX from
EGUs, submitted on May 23, 2008. PADEP chose 2009 as an interim year in
the 10-year maintenance demonstration period to demonstrate that the
VOC and NOX emissions are not projected to increase above
the 2004 attainment level during the time of the 10-year maintenance
period.
Table 4.--Total VOC Emissions for 2004-2018
(Tons per summer day)
----------------------------------------------------------------------------------------------------------------
Source Category 2004 2009 2018
----------------------------------------------------------------------------------------------------------------
Stationary Point Sources........................................ 1.2 1.3 1.5
Stationary Area Sources......................................... 9.2 8.4 8.6
Highway Vehicles................................................ 9.4 7.2 4.7
Nonroad Engines/Vehicles........................................ 3.4 2.8 2.3
-----------------------------------------------
Total....................................................... 23.2 19.7 17.1
----------------------------------------------------------------------------------------------------------------
Table 5.--Total NOX Emissions 2004-2018
(Tons per summer day)
----------------------------------------------------------------------------------------------------------------
Source Category 2004 2009 2018
----------------------------------------------------------------------------------------------------------------
Stationary Point Sources........................................ 129.3 89.2 79.1
Stationary Area Sources......................................... 1.0 1.1 1.1
Highway Vehicles................................................ 22.2 16.3 7.6
Nonroad Engines/Vehicles........................................ 4.2 3.5 2.4
-----------------------------------------------
Total....................................................... 156.7 110.1 90.2
----------------------------------------------------------------------------------------------------------------
[[Page 42740]]
The following programs are either effective or due to become
effective and will further contribute to the maintenance demonstration
of the 8-hour ozone NAAQS:
1. Pennsylvania's Portable Fuel Containers (69 FR 70893, December
8, 2004)
2. Pennsylvania's Consumer Products (69 FR 70895, December 8, 2004)
3. Pennsylvania's Architectural and Industrial Maintenance (AIM)
Coatings (69 FR 68080, November 23, 2004)
4. NOX SIP Call (66 FR 43795, August 21, 2001)
5. Federal Clean Air Interstate Rule (71 FR 25328, April 28, 2006)
6. FMVCP for passenger vehicles and light-duty trucks and cleaner
gasoline (2009 and 2018 fleet)--Tier 1 and Tier 2 (56 FR 25724, June 5,
1991 and 65 FR 6698, February 10, 2000)
7. NLEV Program, which includes the Pennsylvania's Clean Vehicle
Program for passenger vehicles and light-duty trucks (69 FR 72564,
December 28, 1999)--proposed amendments to move the implementation to
model year (MY) 2008
8. Heavy duty diesel on-road (2004/2007) and low-sulfur on-road
(2006) (66 FR 5002, January 18, 2001)
9. Vehicles Safety Inspection Program (70 FR 58313, October 6,
2005)
10. Non-road emissions standards (2008) and off-road diesel fuel
(2007/2010) (69 FR 38958, June 29, 2004)
Based upon the comparison of the projected emissions and the
attainment year emissions along with the additional measures, EPA
concludes that PADEP has successfully demonstrated that the 8-hour
ozone standard should be maintained in the Clearfield/Indiana Area.
(c) Monitoring Network--There are currently two monitors measuring
ozone in the Clearfield/Indiana Area. Pennsylvania will continue to
operate its current air quality monitors in accordance with 40 CFR part
58.
(d) Verification of Continued Attainment--The Commonwealth will
track the attainment status of the ozone NAAQS in the Clearfield/
Indiana Area by reviewing air quality and emissions during the
maintenance period. The Commonwealth will perform an annual evaluation
of two key factors, VMT data and emissions reported from stationary
sources, and compare them to the assumptions about these factors used
in the maintenance plan. The Commonwealth will also evaluate the
periodic (every three years) emission inventories prepared under EPA's
Consolidated Emission Reporting Regulation (40 CFR part 51, Subpart A)
to see if the area exceeds the attainment year inventory (2004) by more
than 10 percent. Based on these evaluations, the Commonwealth will
consider whether any further emission control measures should be
implemented.
(e) The Maintenance Plan's Contingency Measures--The contingency
plan provisions are designed to promptly correct a violation of the
NAAQS that occurs after redesignation. Section 175A of the CAA requires
that a maintenance plan include such contingency measures as EPA deems
necessary to ensure that the Commonwealth will promptly correct a
violation of the NAAQS that occurs after redesignation. The maintenance
plan should identify the events that would ``trigger'' the adoption and
implementation of a contingency measure(s), the contingency measure(s)
that would be adopted and implemented, and the schedule indicating the
time frame by which the state would adopt and implement the measure(s).
The ability of the Clearfield/Indiana Area to stay in compliance
with the 8-hour ozone standard after redesignation depends upon VOC and
NOX emissions in the area remaining at or below 2004 levels.
The Commonwealth's maintenance plan projects VOC and NOX
emissions to decrease and stay below 2004 levels through the year 2018.
The Commonwealth's maintenance plan outlines the procedures for the
adoption and implementation of contingency measures to further reduce
emissions should a violation occur.
Contingency measures will be considered if for two consecutive
years the fourth highest eight-hour ozone concentrations at the
Clearfield/Indiana Area monitor are above 84 ppb. If this trigger point
occurs, the Commonwealth will evaluate whether additional local
emission control measures should be implemented in order to prevent a
violation of the air quality standard. PADEP will 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 excessive ozone levels occurred. PADEP will
then begin the process of implementing any selected measures.
Contingency measures will be considered in the event that a
violation of the 8-hour ozone standard occurs at the Clearfield/Indiana
Area monitors. In the event of a violation of the 8-hour ozone
standard, contingency measures will be adopted in order to return the
area to attainment with the standard. Contingency measures to be
considered for the Clearfield/Indiana Area will include, but not be
limited to the following:
Non-regulatory measures:
--Voluntary diesel engine ``chip reflash''--installation software to
correct the defeat device option on certain heavy duty diesel engines.
--Diesel retrofit, including replacement, repowering or alternative
fuel use, for public or private local onroad or offroad fleets.
--Idling reduction technology for Class 2 yard locomotives.
--Idling reduction techno
