Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revised Motor Vehicle Emission Budgets for the York-Adams Counties 8-Hour Ozone Maintenance Area, 40747-40750 [E9-18864]
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Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 13, 2009.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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16:28 Aug 12, 2009
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Dated: July 28, 2009.
Walter W. Kovalick Jr,
Acting Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
2. Section 52.1870 is amended by
adding paragraph (c)(147) to read as
follows:
■
§ 52.1870
Identification of plan.
*
*
*
*
*
(c) * * *
(147) On October 5, 2007, Ohio
submitted revisions to Ohio
Administrative Code Chapter 3745–112,
Rules 3745–112–01 through 3745–112–
08. The revisions regulate the volatile
organic compounds content of
consumer products.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–112–01 ‘‘Definitions.’’, Rule 3745–
112–02 ‘‘Applicability.’’, Rule 3745–
112–03 ‘‘Standards.’’, Rule 3745–112–04
‘‘Exemptions.’’, Rule 3745–112–05
‘‘Administrative requirements.’’, Rule
3745–112–06 ‘‘Reporting
requirements.’’, Rule 3745–112–07
‘‘Variances.’’, and Rule 3745–112–08
‘‘Test methods.’’, adopted September 5,
2007, effective on September 15, 2007.
(B) September 5, 2007, ‘‘Director’s
Final Findings and Orders’’, signed by
Chris Korleski, Director, Ohio
Environmental Protection Agency.
[FR Doc. E9–19305 Filed 8–12–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0591; FRL–8941–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Revised Motor Vehicle
Emission Budgets for the York-Adams
Counties 8-Hour Ozone Maintenance
Area
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The revision amends the
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40747
8-hour ozone maintenance plan for the
York-Adams Counties 8-Hour Ozone
Maintenance Area (the Area). This
revision amends the maintenance plan’s
2009 and 2018 motor vehicle emissions
budgets (MVEBs) by unequally dividing
the existing approved MVEBs which
covers the entire maintenance area into
two sub-regional MVEBs, one set of
MVEBs for each county comprising the
area. The revised plan continues to
demonstrate maintenance of the 8-hour
national ambient air quality standard
(NAAQS) for ozone. EPA is approving
this SIP revision to the Pennsylvania
maintenance plan for York-Adams in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on October
13, 2009 without further notice, unless
EPA receives adverse written comment
by September 14, 2009. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2008–0591 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: febbo.carol@epa.gov.
C. Mail: EPA–R03–OAR–2008–0591,
Carol Febbo, Chief, Energy, Radiation
and Indoor Environment Branch,
Mailcode 3AP23, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2008–
0591. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an anonymous access system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
E:\FR\FM\13AUR1.SGM
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40748
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality, P.O.
Box 8468, 400 Market Street, Harrisburg,
Pennsylvania.
FOR FURTHER INFORMATION CONTACT:
Martin Kotsch, (215) 814–3335, or by
e-mail at kotsch.martin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background
II. Summary of Pennsylvania’s SIP Revision
and EPA’s Review
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On January 14, 2008 (73 FR 2163)
EPA redesignated the York-Adams
Counties area of Pennsylvania to
attainment for the 8-hour ozone
NAAQS. For the York-Adams Counties
area, the redesignation included
approval of an 8-hour ozone
maintenance plan, which identifies on-
road MVEBs for Volatile Organic
Compounds (VOCs) and Nitrous Oxides
(NOX), which are ozone precursors,
which are then used for transportation
planning and conformity purposes.
There are two separate metropolitan
planning organizations (MPOs), in this
maintenance area, one in each county,
with individual responsibility for doing
transportation conformity for their
respective county. Pennsylvania has
unequally divided the existing MVEBs
and created sub-regional MVEBs for
each county to better accommodate the
transportation planning and conformity
processes within the Area.
II. Summary of Pennsylvania’s SIP
Revision and EPA’s Review 2009 and
2018 Motor Vehicle Emission Budgets
On May 23, 2008, the State of
Pennsylvania submitted to EPA a formal
revision to its State Implementation
Plan (SIP). The SIP revision proposes
MVEBs that reflect the unequal division
of the existing MVEBs for the
maintenance area. The divided MVEBs
continue to ensure maintenance of the
NAAQS for ozone for the York-Adams
area. The following table lists the
previously approved MVEBs and the
proposed reallocation of the MVEBs into
sub-regional budgets for the YorkAdams Counties area.
YORK-ADAMS AREA REALLOCATION OF THE MVEBS INTO SUB-REGIONAL BUDGETS
CURRENT MVEBS IN THE APPROVED MAINTENANCE PLAN—BOTH COUNTIES
[Tons/day]
2004
Base year
VOC .............................................................................................................................................
NOX ..............................................................................................................................................
2009
Projection
16.1
26.4
15.9
22.8
2018
Projection
9.0
10.0
PROPOSED MVEBS IN THE REVISED MAINTENANCE PLAN FOR BOTH COUNTIES
[Tons/day] 1
2009
Budget
2018
Budget
Adams County
VOC .........................................................................................................................................................................
NOX ..........................................................................................................................................................................
3.84
4.87
2.34
2.54
12.09
17.96
6.72
7.50
York County
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VOC .........................................................................................................................................................................
NOX ..........................................................................................................................................................................
1 Due to rounding, the new reallocated budgets, if combined, are insignificantly higher then the previously approved mobile budgets for the entire area. This slight difference will still ensure maintenance of the 8-hour ozone attainment as the combined MVEBs are still lower then the attainment year budgets.
EPA is proposing to approve the 2009
and 2018 MVEBs for VOCs and NOX
emissions listed above in Table 1 as the
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new MVEBs for transportation
conformity planning.
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III. Final Action
EPA is approving Pennsylvania’s May
23, 2008 SIP revision submittal which
amends the 8-hour ozone maintenance
E:\FR\FM\13AUR1.SGM
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Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations
plans for the York-Adams area. This
revision unequally divides the
previously approved 2009 and 2018
MVEBs to create sub-regional MVEBs
for the two counties comprising the
area. EPA is approving this SIP revision
to the maintenance plan for the Area
because the May 23, 2008 submittal
continues to demonstrate maintenance
of the 8-hour ozone NAAQS with the
aggregated sub-regional MVEBs. EPA is
publishing this rule without prior
proposal because the Agency views this
as a noncontroversial amendment and
anticipates no adverse comment, since
no significant adverse comments were
received on the SIP revision at the State
level. However, in the Proposed Rules
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
October 13, 2009 without further notice
unless EPA receives adverse comment
by September 14, 2009.
If EPA receives adverse comment,
EPA will publish a timely withdrawal in
the Federal Register informing the
public that the rule will not take effect.
EPA will address all public comments
in a subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
IV. Statutory and Executive Order
Reviews
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A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.);
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• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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40749
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 13, 2009.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking.
This action to approve the YorkAdams Counties revised maintenance
plan may not be challenged later in
proceedings to enforce its requirements.
(See, section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 28, 2009.
William C. Early,
Acting Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by revising the entry
for the 8-Hour Ozone Maintenance Plan
for the York-Adams, PA Area to read as
follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
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*
*
40750
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations
EPA-APPROVED NON-REGULATORY OR QUASI-REGULATORY MATERIAL
Name of non-regulatory SIP
revision
*
8-Hour Ozone Maintenance
Plan for the York-Adams,
PA Area.
Applicable geographic area
*
*
*
York-Adams Counties Area ...
EPA approval date
*
*
*
*
*
[FR Doc. E9–18864 Filed 8–12–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2008–0566; FRL–8939–2]
Revisions to the California State
Implementation Plan, Great Basin
Unified Air Pollution Control District,
Kern County Air Pollution Control
District, Mohave Desert Air Quality
Management District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
EPA is finalizing the
following actions: A disapproval of
revisions to the Great Basin Unified Air
Pollution Control District (GBUAPCD)
portion of the California State
Implementation Plan (SIP); a limited
approval and limited disapproval of
revisions to the Kern County Air
SUMMARY:
*
6/14/07
*
1/14/08, 73 FR 2163.
5/23/08
*
*
State submittal
date
Additional explanation
8/13/09 [Insert page number
where the document begins].
*
*
*
*
Pollution Control District (KCAPCD)
SIP; and, a limited approval and limited
disapproval of revisions to the Mohave
Desert Air Quality Management District
(MDAQMD) SIP. These revisions
concern particulate matter (PM)
emissions from fugitive dust sources.
This action was proposed in the Federal
Register on November 18, 2008. Under
authority of the Clean Air Act as
amended in 1990 (CAA or the Act), this
action directs California to correct rule
deficiencies in GBUAPCD Rule 401;
and, this action simultaneously
approves KCAPCD Rule 402 and
MDAQMD Rule 403.1 and directs
California to correct the deficiencies
within these rules.
DATES: Effective Date: This rule is
effective on September 14, 2009.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2008–0566 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
*
*
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jerry
Wamsley, EPA Region IX, (415) 947–
4111, wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On November 18, 2008 (73 FR 68369),
EPA proposed to disapprove GBUAPCD
Rule 401. In this same action, EPA
proposed a limited approval and limited
disapproval of KCAPCD Rule 402 and
MDAQMD Rule 403.1. Table 1 lists the
rules that California submitted for
incorporation within the SIP.
TABLE 1—SUBMITTED RULES
Local agency
Rule #
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GBUAPCD .....................................................
KCAPCD ........................................................
MDAQMD .......................................................
We proposed to disapprove
GBUAPCD Rule 401 because some
provisions do not satisfy the
requirements of section 110 and part D
of the Act. These provisions are
discussed below.
1. The rule lacks a 20% opacity limit.
GBUAPCD should either incorporate or
reference such a 20% opacity limit.
2. The rule lacks a clear description
of required control measures for meeting
the rule’s opacity and property line PM
emission limits. GBUAPCD should also
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401
402
403.1
Rule title
Fugitive Dust .................................................
Fugitive Dust .................................................
Fugitive Dust Control ....................................
remove the ‘‘reasonable precautions’’
language.
3. GBUAPCD should either provide a
precise wind speed exemption from the
rule’s emission standards, or delete the
language concerning ‘‘normal wind
conditions’’.
4. GBUAPCD should remove
director’s discretionary language in
Section D.1.
5. As specified by the PM–10 plan,
GBUAPCD should define required
BACM provisions beyond those already
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12/04/06
11/03/04
11/25/96
Submitted
05/08/07
01/13/05
03/03/97
adopted to reduce Owens dry lakebed
dust emissions, and specify an
enforceable implementation schedule.
We proposed a limited approval of
KCAPCD Rule 402 and MDAPCD Rule
403.1 because we determined that these
rules improve the SIP and are largely
consistent with the relevant CAA
requirements. We simultaneously
proposed a limited disapproval because
some rule provisions conflict with
section 110 and part D of the Act.
E:\FR\FM\13AUR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Rules and Regulations]
[Pages 40747-40750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18864]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0591; FRL-8941-4]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revised Motor Vehicle Emission Budgets for the York-Adams
Counties 8-Hour Ozone Maintenance Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision amends the 8-hour ozone maintenance plan for
the York-Adams Counties 8-Hour Ozone Maintenance Area (the Area). This
revision amends the maintenance plan's 2009 and 2018 motor vehicle
emissions budgets (MVEBs) by unequally dividing the existing approved
MVEBs which covers the entire maintenance area into two sub-regional
MVEBs, one set of MVEBs for each county comprising the area. The
revised plan continues to demonstrate maintenance of the 8-hour
national ambient air quality standard (NAAQS) for ozone. EPA is
approving this SIP revision to the Pennsylvania maintenance plan for
York-Adams in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on October 13, 2009 without further
notice, unless EPA receives adverse written comment by September 14,
2009. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0591 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: febbo.carol@epa.gov.
C. Mail: EPA-R03-OAR-2008-0591, Carol Febbo, Chief, Energy,
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0591. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an anonymous access system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment.
[[Page 40748]]
If you send an e-mail comment directly to EPA without going through
https://www.regulations.gov, your e-mail address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania.
FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by
e-mail at kotsch.martin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'',
``us'', or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Summary of Pennsylvania's SIP Revision and EPA's Review
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On January 14, 2008 (73 FR 2163) EPA redesignated the York-Adams
Counties area of Pennsylvania to attainment for the 8-hour ozone NAAQS.
For the York-Adams Counties area, the redesignation included approval
of an 8-hour ozone maintenance plan, which identifies on-road MVEBs for
Volatile Organic Compounds (VOCs) and Nitrous Oxides (NOX),
which are ozone precursors, which are then used for transportation
planning and conformity purposes. There are two separate metropolitan
planning organizations (MPOs), in this maintenance area, one in each
county, with individual responsibility for doing transportation
conformity for their respective county. Pennsylvania has unequally
divided the existing MVEBs and created sub-regional MVEBs for each
county to better accommodate the transportation planning and conformity
processes within the Area.
II. Summary of Pennsylvania's SIP Revision and EPA's Review 2009 and
2018 Motor Vehicle Emission Budgets
On May 23, 2008, the State of Pennsylvania submitted to EPA a
formal revision to its State Implementation Plan (SIP). The SIP
revision proposes MVEBs that reflect the unequal division of the
existing MVEBs for the maintenance area. The divided MVEBs continue to
ensure maintenance of the NAAQS for ozone for the York-Adams area. The
following table lists the previously approved MVEBs and the proposed
reallocation of the MVEBs into sub-regional budgets for the York-Adams
Counties area.
York-Adams Area Reallocation of the MVEBs Into Sub-regional Budgets
Current MVEBs in the Approved Maintenance Plan--Both Counties
[Tons/day]
----------------------------------------------------------------------------------------------------------------
2009 2018
2004 Base year Projection Projection
----------------------------------------------------------------------------------------------------------------
VOC............................................................. 16.1 15.9 9.0
NOX............................................................. 26.4 22.8 10.0
----------------------------------------------------------------------------------------------------------------
Proposed MVEBs in the Revised Maintenance Plan for Both Counties
[Tons/day] \1\
------------------------------------------------------------------------
2009 Budget 2018 Budget
------------------------------------------------------------------------
Adams County
------------------------------------------------------------------------
VOC..................................... 3.84 2.34
NOX..................................... 4.87 2.54
------------------------------------------------------------------------
York County
------------------------------------------------------------------------
VOC..................................... 12.09 6.72
NOX..................................... 17.96 7.50
------------------------------------------------------------------------
\1\ Due to rounding, the new reallocated budgets, if combined, are
insignificantly higher then the previously approved mobile budgets for
the entire area. This slight difference will still ensure maintenance
of the 8-hour ozone attainment as the combined MVEBs are still lower
then the attainment year budgets.
EPA is proposing to approve the 2009 and 2018 MVEBs for VOCs and
NOX emissions listed above in Table 1 as the new MVEBs for
transportation conformity planning.
III. Final Action
EPA is approving Pennsylvania's May 23, 2008 SIP revision submittal
which amends the 8-hour ozone maintenance
[[Page 40749]]
plans for the York-Adams area. This revision unequally divides the
previously approved 2009 and 2018 MVEBs to create sub-regional MVEBs
for the two counties comprising the area. EPA is approving this SIP
revision to the maintenance plan for the Area because the May 23, 2008
submittal continues to demonstrate maintenance of the 8-hour ozone
NAAQS with the aggregated sub-regional MVEBs. EPA is publishing this
rule without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment, since no
significant adverse comments were received on the SIP revision at the
State level. However, in the Proposed Rules section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on October 13, 2009 without further notice
unless EPA receives adverse comment by September 14, 2009.
If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 13, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking.
This action to approve the York-Adams Counties revised maintenance
plan may not be challenged later in proceedings to enforce its
requirements. (See, section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 28, 2009.
William C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by
revising the entry for the 8-Hour Ozone Maintenance Plan for the York-
Adams, PA Area to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
[[Page 40750]]
EPA-Approved Non-Regulatory or Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Maintenance Plan for York-Adams Counties 6/14/07 1/14/08, 73 FR 2163
the York-Adams, PA Area. Area.
5/23/08 8/13/09 [Insert
page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E9-18864 Filed 8-12-09; 8:45 am]
BILLING CODE 6560-50-P
