Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the Lancaster 1997 8-Hour Ozone Maintenance Area, 78263-78266 [2013-30714]
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Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations
returning directly from such inactive
duty training. Authorized travel should
take into account:
(i) The hour on which such individual
began so to proceed or to return;
(ii) The hour on which such
individual was scheduled to arrive for,
or on which such individual ceased to
perform, such duty;
(iii) The method of travel employed;
(iv) The itinerary;
(v) The manner in which the travel
was performed; and
(vi) The immediate cause of disability.
(Authority: 38 U.S.C. 101, 106, 501, 1734 and
1735.)
[FR Doc. 2013–30775 Filed 12–24–13; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0058; FRL–9904–49–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Update of the Motor
Vehicle Emissions Budgets for the
Lancaster 1997 8-Hour Ozone
Maintenance Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Commonwealth of Pennsylvania’s
(Pennsylvania) State Implementation
Plan (SIP). The revisions consist of an
update to the SIP-approved Motor
Vehicle Emissions Budgets (MVEBs) for
nitrogen oxides (NOX) and volatile
organic compounds (VOCs), and an
updated point source inventory for NOX
and VOCs for the 1997 8-Hour Ozone
National Ambient Air Quality Standard
(NAAQS) SIP for Lancaster County
(hereafter referred to as the ‘‘Lancaster
Maintenance Area’’). EPA’s approval of
the updated MVEBs makes them
available for transportation conformity
purposes. EPA is approving these
revisions to the MVEBs and point
source inventory in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on February
24, 2014 without further notice, unless
EPA receives adverse written comment
by January 27, 2014. 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.
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SUMMARY:
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Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0058 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2013–0058,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, 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–2013–
0058. 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 email. 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 email
comment directly to EPA without going
through www.regulations.gov, your
email 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,
ADDRESSES:
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78263
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 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 November 19, 2012, Pennsylvania
submitted formal revisions to its SIP.
One SIP revision consists of updated
MVEBs for NOX and VOCs for the 1997
8-Hour Ozone NAAQS. The other SIP
revision updates the point source
inventory for NOX and VOCs.
On July 18, 1997 (62 FR 38856), EPA
established the 1997 8-Hour Ozone
NAAQS. On April 30, 2004 (69 FR
23860), Lancaster County was
designated as nonattainment for the
1997 8-Hour Ozone NAAQS. On
September 20, 2006, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted a SIP revision which
consisted of a maintenance plan, a 2002
base year inventory and MVEBs for
transportation conformity purposes. On
November 8, 2006, PADEP
supplemented their September 20, 2006
submittal. On July 6, 2007 (72 FR
36889), EPA approved the SIP revision
as well as the redesignation request
made by PADEP and Lancaster County
was redesignated as a maintenance area.
The currently SIP-approved MVEBs
for the Lancaster Area were developed
using the Highway Mobile Source
Emission Factor Model (MOBILE6.2).
On March 2, 2010 (75 FR 9411), EPA
published a notice of availability for the
Motor Vehicle Emissions Simulator
(MOVES2010) model for use in
developing MVEBs for SIPs and for
conducting transportation conformity
analyses. EPA commenced a two year
grace period after which time the
MOVES2010 model would have to be
used for transportation conformity
purposes. The two year grace period
was scheduled to end on March 2, 2012.
On February 27, 2012 (77 FR 11394),
EPA published a final rule extending
the grace period for one more year to
March 2, 2013 to ensure adequate time
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for affected parties to have the capacity
to use the MOVES model to develop or
update the applicable MVEBs in SIPs
and to conduct conformity analyses. On
September 8, 2010, EPA released
MOVES2010a, which is a minor update
to MOVES2010 and which is used by
Pennsylvania in this SIP revision.
II. Summary of SIP Revision
This MVEBs SIP revision updates the
MVEBs for NOX and VOCs for the years
2009 (interim year) and 2018
(maintenance year) that were produced
using the MOVES2010a model. The
point source inventory SIP revision
updates the point source inventory for
NOX and VOCs. A comparison between
the previous point source inventory and
the updated point source inventory is
provided in Table 1. The previously
approved MVEBs were produced using
the Mobile Source Emission Factor
Model (MOBILE6.2). A summary of the
updated MOVES-based MVEBs and
previously approved MOBILE6.2-based
MVEBs for the years 2009 and 2018 is
provided in Table 2. 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 maintenance
plan. Also, part of the update of the
MVEBs is the addition of two tons per
day (tpd) safety margin for both NOX
and VOCs in 2018 as well as a 2 tpd
safety margin for NOX in 2009. The
MVEBs that will be utilized for
transportation conformity purposes and
include the safety margins are presented
in Table 3. These safety margins were
added because emissions in the interim
(2009) and maintenance (2018) years are
significantly less than the attainment
year emissions, which is the year that
the Lancaster Maintenance Area
attained the standard. A detailed
summary of EPA’s review and rationale
for proposing to approve this SIP
revision may be found in the Technical
Support Documents (TSDs) prepared in
support of this proposed approval and
are available on line at https://
www.regulations.gov, Docket number
EPA–R03–OAR–2013–0058.
TABLE 1—SUMMARY OF POINT SOURCE INVENTORY FOR THE LANCASTER MAINTENANCE AREA
Current
Year
2009
VOCs (tpd) .......................................................................................................................
NOX (tpd) .........................................................................................................................
Updated
2018
8.7
4.1
2009
11
4.6
2018
5.5
3.2
7.7
3.6
TABLE 2—SUMMARY OF MOTOR VEHICLE EMISSIONS FOR THE LANCASTER MAINTENANCE AREA
Model
MOBILE6.2
Year
2009
VOCs (tpd) .......................................................................................................................
NOX (tpd) .........................................................................................................................
TABLE 3—UPDATED MVEBS FOR THE
LANCASTER MAINTENANCE AREA
Year
2009
VOCs (tpd) ........
NOX (tpd) ..........
14.29
35.18
2018
10.14
20.57
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III. Final Action
EPA is approving Pennsylvania’s SIP
revision from November 19, 2012 to
update the SIP-approved MVEBs for the
Lancaster County Maintenance Area to
reflect the use of the MOVES model.
EPA is also approving the update to the
SIP-approved point source inventory.
These SIP revisions allow the Lancaster
County Maintenance Area to continue to
be in attainment of the 1997 8-Hour
Ozone NAAQS. The updated MVEBs
meet the adequacy requirements set
forth in 40 CFR 93.118(e)(4)(i)–(vi), and
have been correctly calculated to reflect
the use of the MOVES model. Upon
final approval, these updated MVEBs
will be both adequate and SIP-approved
for purposes of transportation
conformity. EPA is publishing this rule
without prior proposal because EPA
views this as a noncontroversial
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IV. 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,
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2018
14.33
22.32
amendment and anticipates no adverse
comment. 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 February 24, 2014 without
further notice unless EPA receives
adverse comment by January 27, 2014.
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.
MOVES2010a
7.77
8.99
2009
14.29
33.18
2018
8.14
18.57
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);
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• 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
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 February 24, 2014. 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 action.
This action pertaining to the update of
the SIP-approved MVEBs and point
source inventory for the Lancaster
Maintenance Area 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, Ozone,
Volatile organic compounds.
Dated: December 9, 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 8-Hour Ozone Maintenance Plan
and 2002 Base Year Emissions
Inventory. The revised text reads as
follows:
■
§ 52.2020
Identification of plan.
*
*
*
*
(1) * * *
Name of non-regulatory
SIP revision
Applicable geographic area
State submittal date
*
8-Hour Ozone Maintenance Plan and 2002
Base Year Emissions Inventory.
*
Lancaster Area
(Lancaster
County).
*
*
9/20/06; 11/8/06 ......................
*
*
7/6/07; 72 FR 36889 ...............
11/29/12 ...................................
12/26/13 [Insert page number
where the document begins].
*
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*
*
*
*
*
*
*
3. Section 52.2043 is added to read as
follows:
■
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EPA approval date
*
As of December 26, 2013, EPA
approves the following revised 2009 and
2018 point source inventory for nitrogen
oxides (NOX) and volatile organic
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Additional explanation
*
§ 52.2043 Control strategy for
maintenance plans: ozone.
Sfmt 4700
*
(e) * * *
*
Revised 2009 and 2018 Motor
Vehicle Emission Budgets.
Revised 2009 and 2018
point source inventory. See
sections 52.2043 and
52.2052.
*
*
compounds (VOCs) for the Lancaster
1997 8-Hour Ozone Maintenance Area
submitted by the Secretary of the
Pennsylvania Department of
Environmental Protection:
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Applicable geographic area
Year
Lancaster 1997 8-Hour Ozone Maintenance Area .........................................................................................
Lancaster 1997 8-Hour Ozone Maintenance Area .........................................................................................
4. Section 52.2052 is added to read as
follows:
■
§ 52.2052 Motor vehicle emissions
budgets for Pennsylvania ozone areas.
As of December 26, 2013, EPA
approves the following revised 2009 and
2018 Motor Vehicle Emissions Budgets
(MVEBs) for nitrogen oxides (NOX) and
2009
2018
Year
Lancaster 1997 8-Hour Ozone Maintenance Area .........................................................................................
Lancaster 1997 8-Hour Ozone Maintenance Area .........................................................................................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2013–0629; FRL–9904–43–
Region–4]
Approval and Promulgation of
Implementation Plans; North Carolina;
Transportation Conformity
Memorandum of Agreement Update
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the North
Carolina State Implementation Plan
(SIP) submitted on July 12, 2013,
through the North Carolina Department
of Environment and Natural Resources
(NC DENR). This submission consists of
memorandum of agreements (MOAs)
establishing transportation conformity
criteria and procedures related to
interagency consultation, conflict
resolution, public participation and
enforceability of certain transportationrelated control measures and mitigation
measures. This action streamlines the
conformity process to allow direct
consultation among agencies at the
Federal, state and local levels. This
action is being taken pursuant to section
110 of the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
on February 24, 2014 without further
notice, unless EPA receives adverse
comment by January 27, 2014. If EPA
receives such comments, it will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
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SUMMARY:
VerDate Mar<15>2010
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Jkt 232001
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R04–OAR–2013–0629 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-Mail: R4-RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2013–0629,
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.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, 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. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2013–
0629. 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 through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
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3.2
3.6
Tons per
day VOCs
5.5
7.7
volatile organic compounds (VOCs) for
the Lancaster 1997 8-Hour Ozone
Maintenance Area submitted by the
Secretary of the Pennsylvania
Department of Environmental
Protection:
Applicable geographic area
[FR Doc. 2013–30714 Filed 12–24–13; 8:45 am]
Tons per
day NOX
2009
2018
Tons per
day NOX
35.18
20.57
Tons per
day VOCs
14.29
10.14
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 email comment directly
to EPA without going through
www.regulations.gov, your email
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. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
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 at the Air Quality
Modeling and Transportation 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
E:\FR\FM\26DER1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Rules and Regulations]
[Pages 78263-78266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30714]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0058; FRL-9904-49-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the
Lancaster 1997 8-Hour Ozone Maintenance Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Commonwealth of Pennsylvania's
(Pennsylvania) State Implementation Plan (SIP). The revisions consist
of an update to the SIP-approved Motor Vehicle Emissions Budgets
(MVEBs) for nitrogen oxides (NOX) and volatile organic
compounds (VOCs), and an updated point source inventory for
NOX and VOCs for the 1997 8-Hour Ozone National Ambient Air
Quality Standard (NAAQS) SIP for Lancaster County (hereafter referred
to as the ``Lancaster Maintenance Area''). EPA's approval of the
updated MVEBs makes them available for transportation conformity
purposes. EPA is approving these revisions to the MVEBs and point
source inventory in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on February 24, 2014 without further
notice, unless EPA receives adverse written comment by January 27,
2014. 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-2013-0058 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2013-0058, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2013-0058. 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 email. 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 email comment
directly to EPA without going through www.regulations.gov, your email
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 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 November 19, 2012, Pennsylvania submitted formal revisions to
its SIP. One SIP revision consists of updated MVEBs for NOX
and VOCs for the 1997 8-Hour Ozone NAAQS. The other SIP revision
updates the point source inventory for NOX and VOCs.
On July 18, 1997 (62 FR 38856), EPA established the 1997 8-Hour
Ozone NAAQS. On April 30, 2004 (69 FR 23860), Lancaster County was
designated as nonattainment for the 1997 8-Hour Ozone NAAQS. On
September 20, 2006, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a SIP revision which consisted of a
maintenance plan, a 2002 base year inventory and MVEBs for
transportation conformity purposes. On November 8, 2006, PADEP
supplemented their September 20, 2006 submittal. On July 6, 2007 (72 FR
36889), EPA approved the SIP revision as well as the redesignation
request made by PADEP and Lancaster County was redesignated as a
maintenance area.
The currently SIP-approved MVEBs for the Lancaster Area were
developed using the Highway Mobile Source Emission Factor Model
(MOBILE6.2). On March 2, 2010 (75 FR 9411), EPA published a notice of
availability for the Motor Vehicle Emissions Simulator (MOVES2010)
model for use in developing MVEBs for SIPs and for conducting
transportation conformity analyses. EPA commenced a two year grace
period after which time the MOVES2010 model would have to be used for
transportation conformity purposes. The two year grace period was
scheduled to end on March 2, 2012. On February 27, 2012 (77 FR 11394),
EPA published a final rule extending the grace period for one more year
to March 2, 2013 to ensure adequate time
[[Page 78264]]
for affected parties to have the capacity to use the MOVES model to
develop or update the applicable MVEBs in SIPs and to conduct
conformity analyses. On September 8, 2010, EPA released MOVES2010a,
which is a minor update to MOVES2010 and which is used by Pennsylvania
in this SIP revision.
II. Summary of SIP Revision
This MVEBs SIP revision updates the MVEBs for NOX and
VOCs for the years 2009 (interim year) and 2018 (maintenance year) that
were produced using the MOVES2010a model. The point source inventory
SIP revision updates the point source inventory for NOX and
VOCs. A comparison between the previous point source inventory and the
updated point source inventory is provided in Table 1. The previously
approved MVEBs were produced using the Mobile Source Emission Factor
Model (MOBILE6.2). A summary of the updated MOVES-based MVEBs and
previously approved MOBILE6.2-based MVEBs for the years 2009 and 2018
is provided in Table 2. 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 maintenance
plan. Also, part of the update of the MVEBs is the addition of two tons
per day (tpd) safety margin for both NOX and VOCs in 2018 as
well as a 2 tpd safety margin for NOX in 2009. The MVEBs
that will be utilized for transportation conformity purposes and
include the safety margins are presented in Table 3. These safety
margins were added because emissions in the interim (2009) and
maintenance (2018) years are significantly less than the attainment
year emissions, which is the year that the Lancaster Maintenance Area
attained the standard. A detailed summary of EPA's review and rationale
for proposing to approve this SIP revision may be found in the
Technical Support Documents (TSDs) prepared in support of this proposed
approval and are available on line at https://www.regulations.gov,
Docket number EPA-R03-OAR-2013-0058.
Table 1--Summary of Point Source Inventory for the Lancaster Maintenance Area
----------------------------------------------------------------------------------------------------------------
Current Updated
----------------------------------------------------------------------------------------------------------------
Year 2009 2018 2009 2018
----------------------------------------------------------------------------------------------------------------
VOCs (tpd).................................................. 8.7 11 5.5 7.7
NOX (tpd)................................................... 4.1 4.6 3.2 3.6
----------------------------------------------------------------------------------------------------------------
Table 2--Summary of Motor Vehicle Emissions for the Lancaster Maintenance Area
----------------------------------------------------------------------------------------------------------------
Model MOBILE6.2 MOVES2010a
----------------------------------------------------------------------------------------------------------------
Year 2009 2018 2009 2018
----------------------------------------------------------------------------------------------------------------
VOCs (tpd).................................................. 14.33 7.77 14.29 8.14
NOX (tpd)................................................... 22.32 8.99 33.18 18.57
----------------------------------------------------------------------------------------------------------------
Table 3--Updated MVEBs for the Lancaster Maintenance Area
------------------------------------------------------------------------
Year 2009 2018
------------------------------------------------------------------------
VOCs (tpd).................................... 14.29 10.14
NOX (tpd)..................................... 35.18 20.57
------------------------------------------------------------------------
III. Final Action
EPA is approving Pennsylvania's SIP revision from November 19, 2012
to update the SIP-approved MVEBs for the Lancaster County Maintenance
Area to reflect the use of the MOVES model. EPA is also approving the
update to the SIP-approved point source inventory. These SIP revisions
allow the Lancaster County Maintenance Area to continue to be in
attainment of the 1997 8-Hour Ozone NAAQS. The updated MVEBs meet the
adequacy requirements set forth in 40 CFR 93.118(e)(4)(i)-(vi), and
have been correctly calculated to reflect the use of the MOVES model.
Upon final approval, these updated MVEBs will be both adequate and SIP-
approved for purposes of transportation conformity. EPA is publishing
this rule without prior proposal because EPA views this as a
noncontroversial amendment and anticipates no adverse comment. 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 February 24, 2014 without further notice unless EPA
receives adverse comment by January 27, 2014. 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 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);
[[Page 78265]]
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 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 February 24, 2014. 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 action.
This action pertaining to the update of the SIP-approved MVEBs and
point source inventory for the Lancaster Maintenance Area 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, Ozone, Volatile organic compounds.
Dated: December 9, 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 8-Hour Ozone Maintenance Plan and 2002 Base
Year Emissions Inventory. 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Maintenance Plan Lancaster Area 9/20/06; 11/8/06.. 7/6/07; 72 FR ..................
and 2002 Base Year Emissions (Lancaster 36889.
Inventory. County).
11/29/12.......... 12/26/13 [Insert Revised 2009 and
page number where 2018 Motor
the document Vehicle Emission
begins]. Budgets. Revised
2009 and 2018
point source
inventory. See
sections 52.2043
and 52.2052.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.2043 is added to read as follows:
Sec. 52.2043 Control strategy for maintenance plans: ozone.
As of December 26, 2013, EPA approves the following revised 2009
and 2018 point source inventory for nitrogen oxides (NOX)
and volatile organic compounds (VOCs) for the Lancaster 1997 8-Hour
Ozone Maintenance Area submitted by the Secretary of the Pennsylvania
Department of Environmental Protection:
[[Page 78266]]
------------------------------------------------------------------------
Tons per Tons per
Applicable geographic area Year day NOX day VOCs
------------------------------------------------------------------------
Lancaster 1997 8-Hour Ozone 2009 3.2 5.5
Maintenance Area....................
Lancaster 1997 8-Hour Ozone 2018 3.6 7.7
Maintenance Area....................
------------------------------------------------------------------------
0
4. Section 52.2052 is added to read as follows:
Sec. 52.2052 Motor vehicle emissions budgets for Pennsylvania ozone
areas.
As of December 26, 2013, EPA approves the following revised 2009
and 2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds (VOCs) for the
Lancaster 1997 8-Hour Ozone Maintenance Area submitted by the Secretary
of the Pennsylvania Department of Environmental Protection:
------------------------------------------------------------------------
Tons per Tons per
Applicable geographic area Year day NOX day VOCs
------------------------------------------------------------------------
Lancaster 1997 8-Hour Ozone 2009 35.18 14.29
Maintenance Area....................
Lancaster 1997 8-Hour Ozone 2018 20.57 10.14
Maintenance Area....................
------------------------------------------------------------------------
[FR Doc. 2013-30714 Filed 12-24-13; 8:45 am]
BILLING CODE 6560-50-P
