Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Motor Vehicle Emissions Budgets for the Pennsylvania Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 Fine Particulate Matter Nonattainment Area, 19991-19994 [2013-07539]
Download as PDF
wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations
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 governments, as specified by
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant.
This technical correction action does
not involve technical standards; 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. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this 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, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) 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 does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA had
made such a good cause finding,
including the reasons therefore, and
established an effective date of April 3,
2013. EPA will submit a report
containing this rule and other required
VerDate Mar<15>2010
14:47 Apr 02, 2013
Jkt 229001
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This correction to
40 CFR 52 for Ohio is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: February 11, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.1870 is amended by
revising paragraph (c)(151)(i)(A) to read
as follows:
■
§ 52.1870
Identification of plan.
*
*
*
*
*
(c) * * *
(151) * * *
(i) * * *
(A) Paragraph (A) of Ohio
Administrative Code Rule 3745–17–03,
‘‘Measurement methods and
procedures.’’, effective April 18, 2009.
*
*
*
*
*
[FR Doc. 2013–07649 Filed 4–2–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0954; FRL–9796–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Motor Vehicle
Emissions Budgets for the
Pennsylvania Counties in the
Philadelphia-Wilmington, PA–NJ–DE
1997 Fine Particulate Matter
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania (Pennsylvania). The
revision consists of an update to the
SUMMARY:
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
19991
SIP-approved Motor Vehicle Emissions
Budgets (MVEBs) for the Pennsylvania
counties in the PhiladelphiaWilmington, PA–NJ–DE 1997 fine
particulate matter (PM2.5) nonattainment
area (hereafter referred to as the
Philadelphia Area) to reflect the use of
the most recent version of the Motor
Vehicle Emission Simulator model
(MOVES). The Pennsylvania counties
impacted by this revision are:
Philadelphia, Montgomery, Delaware,
Chester, and Bucks Counties. EPA is
approving this revision to the MVEBs
and thereby making them available for
transportation conformity purposes in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
April 3, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0954. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 15, 2013 (78 FR 11122),
EPA published a Notice of Proposed
Rulemaking (NPR) for Pennsylvania.
The NPR proposed approval of the
MVEBs for the Philadelphia Area. On
November 6, 2012, the Pennsylvania
Department of Environmental Protection
(DEP) submitted to EPA a draft SIP
revision which updates the Philadelphia
Area’s MVEBs to reflect the use of the
MOVES model. On January 29, 2013,
Pennsylvania DEP submitted its formal,
final SIP revision to update the
E:\FR\FM\03APR1.SGM
03APR1
19992
Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations
Philadelphia Area’s MVEBs to reflect
the use of the MOVES model.
II. Summary of SIP Revision
The MVEBs are for PM2.5 and nitrogen
oxides (NOX). The previously developed
MVEBs for PM2.5 and NOX for the
Philadelphia Area were approved as
part of EPA’s approval of Pennsylvania’s
1997 PM2.5 attainment plan on August
28, 2012 (77 FR 51930). The MVEBs
were previously developed using
Highway Mobile Source Emission
Factor Model (MOBILE6.2) for the year
2009. The Philadelphia Area attainment
demonstration documented that NOX is
the only significant precursor from onroad sources to the formation of PM2.5
in the Philadelphia Area. A summary of
the updated MOVES-based MVEBs and
higher estimate of emissions, the
MVEBs are consistent with
requirements for attainment in the
Philadelphia Area. This is because EPA
determined on May 16, 2012 (77 FR
28782) that the Philadelphia Area
attained the 1997 PM2.5 National
Ambient Air Quality Standard (NAAQS)
by the applicable attainment date, and
because the area continues to meet the
1997 PM2.5 NAAQS. Therefore, this
update to the SIP-approved MVEBs to
reflect the use of the MOVES model
does not interfere with the Philadelphia
Area’s ability to continue to meet the
1997 PM2.5 NAAQS. Additional
rationale for EPA’s action is explained
in the NPR and will not be restated here.
No public comments were received on
the NPR.
previously approved MOBILE6.2-based
MVEBs for 2009 is provided in Table 1:
Summary of MVEBs; the emissions for
each pollutant are provided in tons per
year (tpy). Also presented in Table 1 is
a comparison between the 2002 base
year inventory, which was produced by
MOBILE6.2 and updated with MOVES,
and the 2009 MVEBs. Even though there
is an emissions increase in the MOVESbased MVEBs, the increase is not due to
an increase in emissions from mobile
sources. The increase is due to the fact
that the MOVES model provides more
accurate emissions estimates than
MOBILE6.2 rather than growth that had
not been anticipated in the attainment
demonstration or changes to any control
measures. Even though the MVEBs as
calculated using MOVES result in a
TABLE 1—SUMMARY OF MVEBS
Model .......................................................................................................................................
MOBILE6.2
Year .........................................................................................................................................
2002
2009
2002
2009
PM2.5 (tpy) ................................................................................................................................
NOX (tpy) .................................................................................................................................
1032.8
63,475.9
699.1
36,317.7
2,904.60
90,879.00
1,907.5
57,218.3
III. Final Action
EPA is approving Pennsylvania DEP’s
SIP revision request from January 29,
2013 to update the SIP-approved
MVEBs for the Philadelphia Area to
reflect the use of the MOVES model.
EPA is approving this SIP revision
because it will allow the Philadelphia
Area to continue to meet the 1997 PM2.5
NAAQS, and our in depth review of the
SIP revision leads EPA to conclude that
the updated MVEBs meet the adequacy
requirements set forth in 40 CFR
93.118(e)(4)(i)–(vi), and the updated
MVEBs have been correctly calculated
to reflect the use of the MOVES model.
wreier-aviles on DSK5TPTVN1PROD with RULES
IV. Effective Date
EPA finds that there is good cause for
this approval to become effective on the
date of publication because this action
will expedite the planning process for
transportation conformity
determinations. The updated MVEBs
will be utilized for transportation
conformity determinations, therefore
making this revision effective on the
date of publication will allow for
expedited planning and preparation for
transportation conformity
determinations by the Delaware Valley
Regional Planning Commission
(DVRPC). This expedited planning will
ensure that transportation conformity
determinations will not be delayed. The
expedited effective date for this action
is authorized under section 5 U.S.C.
VerDate Mar<15>2010
14:47 Apr 02, 2013
Jkt 229001
553(d)(3), which allows an effective date
less than 30 days after publication ‘‘as
otherwise provided by the agency for
good cause found and published with
the rule.’’ Ensuring that the updated
MVEBs are available as soon as possible
for use in making transportation
conformity determinations is sufficient
reason to allow an expedited effective
date of this rule under 5 U.S.C.
553(d)(3).
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely 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
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
MOVES2010a
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
E:\FR\FM\03APR1.SGM
03APR1
19993
Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 3, 2013. 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. This action which updates
Pennsylvania’s SIP-approved MVEBs in
the Philadelphia Area to reflect the use
of the MOVES model 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, Nitrogen dioxide, Particulate
matter.
Name of non-regulatory SIP revision
Applicable
geographic
area
*
*
1997 PM2.5 NAAQS Attainment
Demonstration, 2002 Base
Year Emissions Inventory,
Contingency Measures and
Motor Vehicle Emission
Budgets for 2009.
*
Pennsylvania portion of the
Philadelphia–Wilmington,
PA–NJ–DE PM2.5 Nonattainment Area.
*
*
State
submittal
date
*
4/12/10,
8/3/12
1/29/13
*
3. Section 52.2053 is added to read as
follows:
■
Dated: March 25, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by revising the entry
for the ‘‘1997 PM2.5 NAAQS Attainment
Plan Demonstration, 2002 Base Year
Emissions Inventory, Contingency
Measures and Motor Vehicle Emission
Budgets for 2009’’.
The revised text reads as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
EPA approval
date
Additional
explanation
*
8/27/12
77 FR 51930
4/3/13 [Insert page number
where the document begins]
*
*
§ 52.2053 The Motor Vehicle Emissions
Budgets for the Pennsylvania Counties in
the Philadelphia-Wilmington, PA–NJ–DE
1997 Fine Particulate Matter Nonattainment
Area
As of April 3, 2013, EPA approves the
following revised 2009 Motor Vehicle
Emissions Budgets (MVEBs) for fine
*
*
*
Revised 2009 Motor Vehicle
Emission Budgets. The SIP
effective date is April 13,
2013.
*
*
particulate matter (PM2.5) and nitrogen
oxides (NOX) for the Pennsylvania
Counties in the PhiladelphiaWilmington, PA–NJ–DE 1997 PM2.5
Nonattainment Area submitted by the
Secretary of the Pennsylvania
Department of Environmental
Protection:
Year
Tons per
year
NOX
Tons per
year
PM2.5
Pennsylvania Counties in the Philadelphia-Wilmington, PA–NJ–DE 1997 Fine Particulate Matter Nonattainment
Area ........................................................................................................................................................................
wreier-aviles on DSK5TPTVN1PROD with RULES
Applicable geographic area
2009
57,218.3
1,907.5
VerDate Mar<15>2010
14:47 Apr 02, 2013
Jkt 229001
PO 00000
Frm 00013
Fmt 4700
Sfmt 9990
E:\FR\FM\03APR1.SGM
03APR1
19994
Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations
40 CFR Part 52
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding federal holidays.
[EPA–R04–OAR–2012–0837; FRL–9797–1]
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2013–07539 Filed 4–2–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Approval and Promulgation of
Implementation Plans; South Carolina:
New Source Review-Prevention of
Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve changes to the South Carolina
State Implementation Plan (SIP),
submitted by the South Carolina
Department of Health and
Environmental Control (SC DHEC) to
EPA in five separate SIP submittals
dated May 1, 2012, July 18, 2011,
February 16, 2011, December 23, 2009,
and December 4, 2008. The SIP
revisions make changes to South
Carolina’s New Source Review (NSR)
Prevention of Significant Deterioration
(PSD) program to adopt federal PSD
requirements regarding fine particulate
matter (PM2.5) and changes to the State’s
provisions related to the national
ambient air quality standards (NAAQS)
and volatile organic compounds (VOC).
EPA is approving portions of the
submittals as revisions to South
Carolina’s SIP because the Agency has
determined that they are consistent with
the Clean Air Act (CAA or Act) and EPA
regulations regarding NSR permitting.
DATES: Effective Date: This rule will be
effective May 3, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0837. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:47 Apr 02, 2013
Jkt 229001
For
information regarding the South
Carolina SIP, contact Ms. Twunjala
Bradley, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Ms.
Bradley’s telephone number is (404)
562–9352; email address:
bradley.twunjala@epa.gov. For
information regarding NSR or PSD,
contact Ms. Yolanda Adams, Air
Permits Section, at the same address
above. Ms. Adams’ telephone number is
(404) 562–9241; email address:
adams.yolanda@epa.gov. For
information regarding the PM2.5
NAAQS, contact Mr. Joel Huey,
Regulatory Development Section, at the
same address above. Mr. Huey’s
telephone number is (404) 562–9104;
email address: huey.joel@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
EPA is taking final action to approve
multiple SIP submittals provided by SC
DHEC to EPA on May 1, 2012,1 July 18,
2011,2 February 16, 2011,3 December
1 South Carolina’s May 1, 2012, submission to
EPA also included changes to Regulation 61–
62.63—National Emissions Standards for Hazardous
Air Pollutants (NESHAP), which is not part of the
South Carolina federally approved SIP.
2 This SIP submittal also makes changes to South
Carolina’s SIP at Regulations 61–62.1—Definitions
and General Requirements; 61–62.5, Standard 1—
Emissions from Fuel Burning Operations; 61–62.5,
Standard No. 4—Emissions from Process Industries;
and 61–62.5, Standard 6—Alternative Emission
Limitation Options (‘‘Bubble’’). EPA will consider
action on these changes to South Carolina’s SIP in
a separate rulemaking.
3 This submittal also makes changes to South
Carolina’s State Regulations 61–62.60, 62.61, 62.63
and 62.72 regarding (New Source Performance
Standards) (NSPS), NESHAP for Source Categories,
and Acid Rain, respectively. However, these
regulations are not part of South Carolina’s
federally approved SIP; therefore, EPA is not
proposing action on these changes.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
23, 2009,4 and December 4, 2008,5 to
adopt NSR permitting requirements for
implementing the PM2.5 NAAQS,
federal changes to the NAAQS, an
update to the federal definition for VOC,
and an administrative correction to the
State’s VOC rule. On January 23, 2013,
EPA proposed to approve these changes
into the South Carolina SIP. See 78 FR
4796. Comments on the proposed
rulemaking were due on or before
February 22, 2013, and EPA received
none. Details concerning each SIP
submittal are provided in the docket for
today’s final action, Docket ID: EPA–
R04–OAR–2012–0837. The SIP
submittal changes are briefly
summarized below. Please refer to
EPA’s January 23, 2013, proposed
rulemaking for more detailed
information for each SIP revision as
well as the Agency’s rationale for
today’s final rulemaking. Pursuant to
section 110 of the CAA, EPA is now
taking final action to approve the
changes to South Carolina’s SIP.
A. SC DEHC Regulation 61–62.5,
Standard No. 7—Prevention of
Significant Deterioration
South Carolina’s May 1, 2012, SIP
submittal amends the State’s PSD
regulations at Regulation 61–62.5,
Standard No. 7—Prevention of
Significant Deterioration to adopt only
the PM2.5 PSD increments promulgated
in the rule entitled ‘‘Prevention of
Significant Deterioration (PSD) for
Particulate Matter Less Than 2.5
Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant Monitoring Concentration
(SMC),’’ Final Rule, 75 FR 64864,
(October 20, 2010) (hereafter referred to
as ‘‘PM2.5 PSD Increments-SILs-SMC
Rule’’). The PM2.5 PSD Increment-SILsSMC Rule provided additional
regulatory requirements under the PSD
program regarding the implementation
of the PM2.5 NAAQS for NSR including:
(1) PM2.5 increments pursuant to section
166(a) of the CAA to prevent significant
deterioration of air quality in areas
meeting the NAAQS; (2) SILs used as a
screening tool (by a major source subject
to PSD) to evaluate the impact a
proposed major source or modification
4 This submittal also make changes to South
Carolina’s State Regulations 61–62.60, 62.61, 62.63
and 62.72 regarding NSPS, NESHAP and Acid Rain,
respectively. However, these regulations are not
part of South Carolina’s federally approved SIP;
therefore, EPA is not taking final action to approve
these changes.
5 This SIP submittal also included changes to SC
DHEC’s Regulation 61.62–96—Nitrogen Oxides
(NOX) and Sulfur Dioxide (SO2) Budget Trading
Program General Provisions. EPA took final action
to approve this portion of the December 4, 2008,
submittal on October 16, 2009 (74 FR 53167).
E:\FR\FM\03APR1.SGM
03APR1
Agencies
[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 19991-19994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07539]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0954; FRL-9796-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Motor Vehicle Emissions Budgets for the Pennsylvania
Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 Fine Particulate
Matter Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania (Pennsylvania). The
revision consists of an update to the SIP-approved Motor Vehicle
Emissions Budgets (MVEBs) for the Pennsylvania counties in the
Philadelphia-Wilmington, PA-NJ-DE 1997 fine particulate matter
(PM2.5) nonattainment area (hereafter referred to as the
Philadelphia Area) to reflect the use of the most recent version of the
Motor Vehicle Emission Simulator model (MOVES). The Pennsylvania
counties impacted by this revision are: Philadelphia, Montgomery,
Delaware, Chester, and Bucks Counties. EPA is approving this revision
to the MVEBs and thereby making them available for transportation
conformity purposes in accordance with the requirements of the Clean
Air Act (CAA).
DATES: This final rule is effective on April 3, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0954. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 15, 2013 (78 FR 11122), EPA published a Notice of
Proposed Rulemaking (NPR) for Pennsylvania. The NPR proposed approval
of the MVEBs for the Philadelphia Area. On November 6, 2012, the
Pennsylvania Department of Environmental Protection (DEP) submitted to
EPA a draft SIP revision which updates the Philadelphia Area's MVEBs to
reflect the use of the MOVES model. On January 29, 2013, Pennsylvania
DEP submitted its formal, final SIP revision to update the
[[Page 19992]]
Philadelphia Area's MVEBs to reflect the use of the MOVES model.
II. Summary of SIP Revision
The MVEBs are for PM2.5 and nitrogen oxides
(NOX). The previously developed MVEBs for PM2.5
and NOX for the Philadelphia Area were approved as part of
EPA's approval of Pennsylvania's 1997 PM2.5 attainment plan
on August 28, 2012 (77 FR 51930). The MVEBs were previously developed
using Highway Mobile Source Emission Factor Model (MOBILE6.2) for the
year 2009. The Philadelphia Area attainment demonstration documented
that NOX is the only significant precursor from on-road
sources to the formation of PM2.5 in the Philadelphia Area.
A summary of the updated MOVES-based MVEBs and previously approved
MOBILE6.2-based MVEBs for 2009 is provided in Table 1: Summary of
MVEBs; the emissions for each pollutant are provided in tons per year
(tpy). Also presented in Table 1 is a comparison between the 2002 base
year inventory, which was produced by MOBILE6.2 and updated with MOVES,
and the 2009 MVEBs. Even though there is an emissions increase in the
MOVES-based MVEBs, the increase is not due to an increase in emissions
from mobile sources. The increase is due to the fact that the MOVES
model provides more accurate emissions estimates than MOBILE6.2 rather
than growth that had not been anticipated in the attainment
demonstration or changes to any control measures. Even though the MVEBs
as calculated using MOVES result in a higher estimate of emissions, the
MVEBs are consistent with requirements for attainment in the
Philadelphia Area. This is because EPA determined on May 16, 2012 (77
FR 28782) that the Philadelphia Area attained the 1997 PM2.5
National Ambient Air Quality Standard (NAAQS) by the applicable
attainment date, and because the area continues to meet the 1997
PM2.5 NAAQS. Therefore, this update to the SIP-approved
MVEBs to reflect the use of the MOVES model does not interfere with the
Philadelphia Area's ability to continue to meet the 1997
PM2.5 NAAQS. Additional rationale for EPA's action is
explained in the NPR and will not be restated here. No public comments
were received on the NPR.
Table 1--Summary of MVEBs
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Model........................................................... MOBILE6.2
MOVES2010a
-----------------------------------------------
Year............................................................ 2002 2009 2002 2009
-----------------------------------------------
PM2.5 (tpy)..................................................... 1032.8 699.1 2,904.60 1,907.5
NOX (tpy)....................................................... 63,475.9 36,317.7 90,879.00 57,218.3
----------------------------------------------------------------------------------------------------------------
III. Final Action
EPA is approving Pennsylvania DEP's SIP revision request from
January 29, 2013 to update the SIP-approved MVEBs for the Philadelphia
Area to reflect the use of the MOVES model. EPA is approving this SIP
revision because it will allow the Philadelphia Area to continue to
meet the 1997 PM2.5 NAAQS, and our in depth review of the
SIP revision leads EPA to conclude that the updated MVEBs meet the
adequacy requirements set forth in 40 CFR 93.118(e)(4)(i)-(vi), and the
updated MVEBs have been correctly calculated to reflect the use of the
MOVES model.
IV. Effective Date
EPA finds that there is good cause for this approval to become
effective on the date of publication because this action will expedite
the planning process for transportation conformity determinations. The
updated MVEBs will be utilized for transportation conformity
determinations, therefore making this revision effective on the date of
publication will allow for expedited planning and preparation for
transportation conformity determinations by the Delaware Valley
Regional Planning Commission (DVRPC). This expedited planning will
ensure that transportation conformity determinations will not be
delayed. The expedited effective date for this action is authorized
under section 5 U.S.C. 553(d)(3), which allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' Ensuring that the
updated MVEBs are available as soon as possible for use in making
transportation conformity determinations is sufficient reason to allow
an expedited effective date of this rule under 5 U.S.C. 553(d)(3).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely 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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by
[[Page 19993]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 3, 2013. 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. This action which updates Pennsylvania's SIP-approved MVEBs in
the Philadelphia Area to reflect the use of the MOVES model 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, Nitrogen dioxide, Particulate matter.
Dated: March 25, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by
revising the entry for the ``1997 PM2.5 NAAQS Attainment
Plan Demonstration, 2002 Base Year Emissions Inventory, Contingency
Measures and Motor Vehicle Emission Budgets for 2009''.
The revised text reads as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 PM2.5 NAAQS Attainment Pennsylvania 4/12/10, 8/27/12
Demonstration, 2002 Base Year portion of the 8/3/12 77 FR 51930 ..................
Emissions Inventory, Philadelphia-Wilmi 1/29/13 4/3/13 [Insert page Revised 2009 Motor
Contingency Measures and Motor ngton, PA-NJ-DE number where the Vehicle Emission
Vehicle Emission Budgets for PM2.5 document begins] Budgets. The SIP
2009. Nonattainment Area. effective date is
April 13, 2013.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.2053 is added to read as follows:
Sec. 52.2053 The Motor Vehicle Emissions Budgets for the Pennsylvania
Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 Fine Particulate
Matter Nonattainment Area
As of April 3, 2013, EPA approves the following revised 2009 Motor
Vehicle Emissions Budgets (MVEBs) for fine particulate matter
(PM2.5) and nitrogen oxides (NOX) for the
Pennsylvania Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997
PM2.5 Nonattainment Area submitted by the Secretary of the
Pennsylvania Department of Environmental Protection:
------------------------------------------------------------------------
Tons per
Applicable geographic area Year Tons per year
year NOX PM2.5
------------------------------------------------------------------------
Pennsylvania Counties in the Philadelphia- 2009 57,218.3 1,907.5
Wilmington, PA-NJ-DE 1997 Fine
Particulate Matter Nonattainment Area....
------------------------------------------------------------------------
[[Page 19994]]
[FR Doc. 2013-07539 Filed 4-2-13; 8:45 am]
BILLING CODE 6560-50-P